Certification of Able Seamen Convention, 1946 (No. 74) - Guinea - Bissau (Ratification: 1977)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee had previously noted the Government’s indication that a comparative analysis of the Maritime Labour Convention, 2006 (MLC, 2006) and national legislation had been carried out with the Office’s assistance, and that the MLC, 2006, was before the Popular National Assembly for consideration. It had also noted that 22 merchant shipping vessels were registered in the territory of Guinea Bissau. It requests the Government to provide information on any developments with regard to the possible ratification of the MLC, 2006.

The Committee notes with concern that the Government’s reports on a number of maritime Conventions have not been received. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows. It requests once again the Government to provide information on the following points:

The Food and Catering (Ships’ Crews) Convention, 1946 (No. 68). Article 1(3) of the Convention. Scope of application. The Committee requests the Government to provide updated information on the number of vessels falling within the scope of application of the Convention and on any legislative development giving effect to the Convention.

The Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4 of the Convention. Ship’s cook certificate of qualification. Examinations for the granting of certificates of qualification. The Committee had recalled that Convention No. 69 only allows the competent authority – not the captain – to grant exemptions from the obligation of the ship’s cook to hold a certificate of qualification, and solely in the event of an inadequate supply of certified ships’ cooks. It had also recalled that it is for the national authority to make arrangements for the holding of examinations and for the granting of certificates of qualification. The Committee requests the Government to provide information on the adoption of measures giving effect to Articles 3 and 4 of the Convention.

The Medical Examination (Seafarers) Convention, 1946 (No. 73). Article 5 of the Convention. Period of validity of the medical certificate. In previous comments, the Committee had requested the Government to specify whether the period of validity of the medical certificate was two years (as mentioned in section 187(6) of Decree No. 45.969) or three months (as indicated by the Government in its previous report). The Committee requests the Government to indicate which of these periods of validity for medical certificates is applicable.

The Certification of Able Seamen Convention, 1946 (No. 74). Article 2 of the Convention. Conditions for certification of able seamen. The Committee recalls the Government’s indication in previous reports that while the outdated Decree No. 15.969 of 15 October 1964 dealt with the subject matter of the Convention, the revised General Labour Law would include a chapter of maritime labour. It requests the Government to indicate any progress made in this regard and to transmit a copy of the new legal text once adopted.

The Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91). Article 10 of the Convention. Implementing legislation. The Committee recalls the Government’s indication in previous reports that the Convention was given only partial effect by the General Labour Law as no specific law had been adopted on maritime labour. It requests the Government to indicate any legislative amendments undertaken to fully implement the provisions of the Convention, and to transmit a copy of any new legal text.

The Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 4(2) of the Convention. Seafarer’s identity document. Particulars to be included. In its previous comments, the Committee drew the Government’s attention to the fact that Convention No. 108 was not revised by the MLC, 2006, and therefore the comments made under Convention No. 108 would not be affected by the preparations for the ratification of the MLC, 2006. The Committee requests the Government, once again, to modify the current seafarer’s identity document (cédula de inscricão marítima) in order to include a statement that the document is a seafarer’s identity document for the purpose of this Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Conditions for certification of able seamen. The Committee notes the Government’s statement that a gap analysis of the national maritime legislation has already been completed with the assistance of the Office and that the MLC, 2006, is in the Popular National Assembly. Recalling the Government’s indication in previous reports that while the outdated Decree No. 15.969 of 15 October 1964 dealt with the subject matter of the Convention, the revised General Labour Law would include a chapter of maritime labour, the Committee requests the Government to indicate any progress made in this regard and to transmit a copy of the new legal text once adopted.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Conditions for certification of able seamen. The Committee notes the Government’s statement that a gap analysis of the national maritime legislation has already been completed with the assistance of the Office and that the MLC, 2006, is in the Popular National Assembly. Recalling the Government’s indication in previous reports that while the outdated Decree No. 15.969 of 15 October 1964 dealt with the subject matter of the Convention, the revised General Labour Law would include a chapter of maritime labour, the Committee requests the Government to indicate any progress made in this regard and to transmit a copy of the new legal text once adopted.

Further, the Committee recalls that, in the course of the negotiations that eventually led to the adoption of the MLC, 2006, it was agreed that the responsibility for seafarers’ training and certification – except for ships’ cooks – should be transferred to the International Maritime Organization (IMO) and that the provisions of the present Convention would be eventually superseded by new mandatory provisions to be adopted under the Convention on Standards of Training, Certification and Watchkeeping (STCW Convention). The Committee notes, in this respect, that the Manila amendments to the STCW Convention and Code, adopted in June 2010 and entered into force on 1 January 2012, contain in Regulation II/5 new requirements for certification of ratings as able seafarers deck. Recalling that the Government continues to be bound by the provisions of Convention No. 74 until the MLC, 2006, enters into force for Guinea-Bissau, the Committee requests the Government to provide information on any developments regarding the process of ratification of the MLC, 2006.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Conditions for certification of able seamen. The Committee notes the Government’s statement that it is currently in the process of ratifying the Maritime Labour Convention, 2006 (MLC, 2006), and that it is therefore prevented from reporting on the application of the present Convention. The Government reports that a gap analysis of the national maritime legislation has already been completed with the assistance of the Office and that the MLC, 2006, is now pending tabling in the Popular National Assembly. Recalling the Government’s indication in previous reports that while the outdated Decree No. 15.969 of 15 October 1964 dealt with the subject matter of the Convention, the revised General Labour Law would include a chapter of maritime labour, the Committee requests the Government to indicate any progress made in this regard and to transmit a copy of any new legal text which may not have been previously communicated to the Office.

Further, the Committee recalls that, in the course of the negotiations that eventually led to the adoption of the MLC, 2006, it was agreed that the responsibility for seafarers’ training and certification – except for ships’ cooks – should be transferred to the International Maritime Organization (IMO) and that the provisions of the present Convention would be eventually superseded by new mandatory provisions to be adopted under the Convention on Standards of Training, Certification and Watchkeeping (STCW Convention). The Committee notes, in this respect, that the Manila amendments to the STCW Convention and Code, adopted in June 2010 and entered into force on 1 January 2012, contain in Regulation II/5 new requirements for certification of ratings as able seafarers deck. Recalling that the Government continues to be bound by the provisions of Convention No. 74 until the MLC, 2006, enters into force for Guinea-Bissau, the Committee requests the Government to keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2 of the Convention. Conditions for certification of able seamen. The Committee notes the Government’s statement that it is currently in the process of ratifying the Maritime Labour Convention, 2006 (MLC, 2006), and that it is therefore prevented from reporting on the application of the present Convention. The Government reports that a gap analysis of the national maritime legislation has already been completed with the assistance of the Office and that the MLC, 2006, is now pending tabling in the Popular National Assembly. Recalling the Government’s indication in previous reports that while the outdated Decree No. 15.969 of 15 October 1964 dealt with the subject matter of the Convention, the revised General Labour Law would include a chapter of maritime labour, the Committee requests the Government to indicate any progress made in this regard and to transmit a copy of any new legal text which may not have been previously communicated to the Office.

Further, the Committee recalls that, in the course of the negotiations that eventually led to the adoption of the MLC, 2006, it was agreed that the responsibility for seafarers’ training and certification – except for ships’ cooks – should be transferred to the International Maritime Organization (IMO) and that the provisions of the present Convention would be eventually superseded by new mandatory provisions to be adopted under the Convention on Standards of Training, Certification and Watchkeeping (STCW Convention). The Committee notes, in this respect, that the Manila amendments to the STCW Convention and Code, adopted in June 2010 and entered into force on 1 January 2012, contain in Regulation II/5 new requirements for certification of ratings as able seafarers deck. Recalling that the Government continues to be bound by the provisions of Convention No. 74 until the MLC, 2006, enters into force for Guinea-Bissau, the Committee requests the Government to keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes Government’s indication that Guinea-Bissau has no national fleet. While presently the outdated Decree 15.969 of 15 October 1964 deals with the subject matter of the Convention, the draft Labour Act will contain a chapter that will regulate certification of able seamen. The Committee asks the Government to transmit a copy of the new Labour Act once adopted.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes from the Government’s report that Guinea Bissau has no national fleet. While presently the outdated Decree 15.969 of 15 October 1964 deals with the subject matter of the Convention, the draft Labour Act will contain a chapter that will regulate certification of able seamen. The Committee asks the Government to transmit a copy of the new Labour Act once adopted.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s indication that while Decree 45.969 of 15 October 1964 remains in force, it is outdated. Since there is no law specifically governing work on board vessels, there are difficulties in the application of the Convention in legal terms. The Committee further notes that the revision of the general labour law is currently under way which would include an addition of a special chapter dealing with work on board vessels. It would be grateful if the Government continued to supply information on any developments in this respect.

The Committee also notes that in practice the certificate of qualification could be granted to any person who completed professional training. It requests the Government to provide a sample copy of a certificate of qualification as an able seaman granted in accordance with the provisions of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the statement in the Government's 1987 report that there are no vessels in the country covered by the Convention. In its report on Convention No. 69, the Government indicates, however, that a number of small vessels do make internal sea voyages of up to one day between the Bijagos Islands. The Committee recalls that under section 48 of Legislative Decree No. 459968 of 1964, all types of vessels intended to put to sea for commercial reasons are deemed to be seagoing vessels. Since Article 1 of the present Convention also requires the appropriate certification of any person engaged on any vessel as an able seaman, the Committee would be grateful if the Government would clarify the manner in which effect is now given to the Convention in this respect.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the statement in the Government's 1987 report that there are no vessels in the country covered by the Convention. In its report on Convention No. 69, the Government indicates, however, that a number of small vessels do make internal sea voyages of up to one day between the Bijagos Islands. The Committee recalls that under section 48 of Legislative Decree No. 459968 of 1964, all types of vessels intended to put to sea for commercial reasons are deemed to be seagoing vessels. Since Article 1 of the present Convention also requires the appropriate certification of any person engaged on any vessel as an able seaman, the Committee would be grateful if the Government would clarify the manner in which effect is now given to the Convention in this respect.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the statement in the Government's 1987 report that there are no vessels in the country covered by the Convention. In its report on Convention No. 69, the Government indicates, however, that a number of small vessels do make internal sea voyages of up to one day between the Bijagos Islands. The Committee recalls that under section 48 of Legislative Decree No. 45968 of 1964, all types of vessel intended to put to sea for commercial reasons are deemed to be seagoing vessels. Since Article 1 of the present Convention also requires the appropriate certification of any person engaged on any vessel as an able seaman, the Committee would be grateful if the Government would clarify the manner in which effect is now given to the Convention in this respect.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the statement in the Government's 1987 report that there are no vessels in the country covered by the Convention. In its report on Convention No. 69, the Government indicates, however, that a number of small vessels do make internal sea voyages of up to one day between the Bijagos Islands. The Committee recalls that under section 48 of Legislative Decree No. 45968 of 1964, all types of vessel intended to put to sea for commercial reasons are deemed to be seagoing vessels. Since Article 1 of the present Convention also requires the appropriate certification of any person engaged on any vessel as an able seaman, the Committee would be grateful if the Government would clarify the manner in which effect is now given to the Convention in this respect.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the statement in the Government's 1987 report that there are no vessels in the country covered by the Convention. In its report on Convention No. 69, the Government indicates, however, that a number of small vessels do make internal sea voyages of up to one day between the Bijagos Islands. The Committee recalls that under section 48 of Legislative Decree No. 45968 of 1964, all types of vessel intended to put to sea for commercial reasons are deemed to be seagoing vessels. Since Article 1 of the present Convention also requires the appropriate certification of any person engaged on any vessel as an able seaman, the Committee would be grateful if the Government would clarify the manner in which effect is now given to the Convention in this respect.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the statement in the Government's report that there are no vessels in the country covered by the Convention. In its report on Convention No. 69, the Government indicates, however, that a number of small vessels do make internal sea voyages of up to one day between the Bijagos Islands. The Committee recalls that under section 48 of Legislative Decree No. 45968 of 1964, all types of vessel intended to put to sea for commercial reasons are deemed to be seagoing vessels. Since Article 1 of the present Convention also requires the appropriate certification of any person engaged on any vessel as an able seaman, the Committee would be grateful if the Government would clarify the manner in which effect is now given to the Convention in this respect.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the statement in the Government's report that there are no vessels in the country covered by the Convention. In its report on Convention No. 69, the Government indicates, however, that a number of small vessels do make internal sea voyages of up to one day between the Bijagos Islands. The Committee recalls that under section 48 of Legislative Decree No. 45968 of 1964, all types of vessel intended to put to sea for commercial reasons are deemed to be sea-going vessels. Since Article 1 of the present Convention also requires the appropriate certification of any person engaged on any vessel as an able seaman, the Committee would be grateful if the Government would clarify the manner in which effect is now given to the Convention in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the statement in the Government's report that there are no vessels in the country covered by the Convention. In its report on Convention No. 69, the Government indicates, however, that a number of small vessels do make internal sea voyages of up to one day between the Bijagos Islands. The Committee recalls that under section 48 of Legislative Decree No. 45968 of 1964, all types of vessel intended to put to sea for commercial reasons are deemed to be sea-going vessels. Since Article 1 of the present Convention also requires the appropriate certification of any person engaged on any vessel as an able seaman, the Committee would be grateful if the Government would clarify the manner in which effect is now given to the Convention in this respect.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes the statement in the Government's report that there are no vessels in the country covered by the Convention. In its report on Convention No. 69, the Government indicates, however, that a number of small vessels do make internal sea voyages of up to one day between the Bijagos Islands. The Committee recalls that under section 48 of Legislative Decree No. 45968 of 1964, all types of vessel intended to put to sea for commercial reasons are deemed to be sea-going vessels. Since Article 1 of the present Convention also requires the appropriate certification of any person engaged on any vessel as an able seaman, the Committee would be grateful if the Government would clarify the manner in which effect is now given to the Convention in this respect.