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Article 4 of the Convention. Implementing legislation. Further to its previous comment, the Committee notes the Government’s explanations on the process of adoption of Order No. 34 of the Labour Inspection Department (SIT) of the Ministry of Labour and Employment (MTE), dated 4 December 2002, approving Regulatory Norm No. 30 (NR-30) which contains a number of detailed requirements relating to crew accommodation. It notes, in particular, that NR-30 was drafted in its entirety by the tripartite National Standing Committee for Waterways (CPNA), which meets four times every year and develops or improves regulatory standards on all aspects of occupational safety and health in waterway work.
Article 5(1)–(9). Sleeping rooms. The Committee notes that Annex 3-L of the Maritime Authority Regulations NORMAM 01, to which the Government refers in its report, contains certain standards for sleeping rooms which are lower than those set out in the Convention, for example: maximum nine persons per room instead of four provided for in Article 5(4), minimum floor area of 2.6 square metres per person instead of 3.75 square metres required under Article 5(1) (the minimum floor area is set at 4.5 square metres under Standard A3.1(9)(f) of the Maritime Labour Convention, 2006 (MLC, 2006)). The Committee further notes that Annex 3-L of NORMAM 01 does not specify different standards depending on the ship’s tonnage and the seafarer’s position or grade. The Committee therefore requests the Government to take all necessary measures in order to modify or supplement its regulations so that they give full effect to the detailed requirements of this Article of the Convention.
Article 6(1) and (3). Mess rooms. The Committee notes that section 30.8 of the NR-30, to which the Government refers in its report, does not address at all issues such as the floor area of mess rooms, or the availability of a refrigerator, facilities for hot beverages and cold water facilities in mess rooms. Similarly, Resolution No. 217/2001 of the National Health Surveillance Agency, to which the Government also refers, bears strictly no relevance to the facilities and equipment of mess rooms provided for in this Article of the Convention. The Committee therefore requests the Government to specify any relevant provisions, legislative or other, that give effect to the requirements of this Article, and if none exist, to consider appropriate action and to report on any progress made.
Article 7. Recreation facilities. The Committee notes that section 30.8.4 of the NR-30, which provides for leisure areas for vessels over 3,000 gt, implements only partially the requirements of this Article of the Convention. The Committee therefore requests the Government to indicate whether the specific furnishings referred to in this Article of the Convention, such as a bookcase, or for larger vessels, a smoking room, canteen, hobby and games room, are provided for in relevant regulations and, if not, to consider appropriate action.
Article 8(1)–(5) and (7). Sanitary facilities. The Committee notes that section 30.11 of the NR-30, to which the Government refers in its report, provides in general terms for areas for washing and drying clothes but does not detail in any manner the sanitary facilities depending on ship’s tonnage and the seafarer’s position or grade, as required by this Article of the Convention. The Committee also notes that Annex 3-L of NORMAM 01 provides for one water closet and one shower for every eight persons instead of one water closet and one shower for every six persons or less, as required under Article 8(1) of the Convention (and also Standard A3.1(11)(c) of the MLC, 2006). The Committee therefore requests the Government to indicate whether and how effect is given to the detailed requirements of this Article of the Convention and, if not, to take the necessary measures and to report on any developments.
Article 9. Sanitary facilities for those on duty on bridge deck and in machinery space. The Committee notes that there is nothing in section 30.10 of the NR-30, to which the Government refers in its report, to reflect the specific standards of this Article of the Convention. The Committee therefore requests the Government to indicate any provisions that implement this Article of the Convention and, if none exist, to bring its national laws or regulations into line with the requirements of the Convention and to report on any progress made in this regard.
Article 10. Minimum headroom. While noting the Government’s reference to Annex 3-L of NORMAM 01, which fixes the minimum headroom to 190 cm, the Committee recalls that the Convention provides for headroom of no less than 198 cm with the possibility of limited reduction where the competent authority is satisfied that this is reasonable and that such reduction will not result in discomfort to the crew. The Committee also recalls that, under Standard A3.1(6) of the MLC, 2006, the minimum permitted headroom in all crew accommodation has been raised to 203 cm. The Committee therefore requests the Government to take appropriate action to ensure compliance with the Convention on this point.
Article 11. Lighting. While noting the Government’s reference to section 30.7.5.2 of the NR-30, which provides for an individual electric lamp at the head of each berth, the Committee again requests the Government to indicate whether and how suitable standards of natural and artificial lighting have been fixed as required under this Article of the Convention.
Part IV of the report form. The Committee notes the statistical information with respect to the number of vessels and seafarers covered by the Convention. The Committee requests the Government to continue to supply up-to-date information on the practical application of the Convention, including, for instance, inspection results and official reports or studies.
Finally, the Committee takes this opportunity to recall that most of the provisions of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and Convention No. 133 on crew accommodation have been incorporated without significant changes in Title 3 of the MLC, 2006, and therefore ensuring compliance with these Conventions would greatly facilitate compliance with the corresponding requirements of the MLC, 2006. The Committee requests the Government to keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.
In addition, the Committee requests the Government to refer to the comments made under Convention No. 92.
Referring also to its observation, the Committee asks the Government to provide further information on the following points.
Article 11, paragraph 2, of the Convention. Under this provision of the Convention, subject to such special arrangements as may be permitted in passenger ships, sleeping rooms and mess rooms shall be lighted by natural light and shall be provided with adequate artificial light. Under section 30.7.5.1 of the Regulatory Norm No. 30, however, an artificial lighting system must be installed only when it is not possible to obtain sufficient natural light. The Committee asks the Government to take measures to bring the provisions of the Regulatory Norm No. 30 into conformity with the requirements of the Convention.
Article 1, paragraph 1. Please indicate whether national laws or regulations specifically define the term "sea-going ship" for the purposes of this Convention.
Article 4, paragraph 1. Please indicate the date when Regulatory Norm No. 30 was officially published.
Article 4, paragraph 2(c). Please indicate the specific penalties for violation of laws and regulations giving effect to the provisions of the Convention.
Article 4, paragraph 2(e). Please provide particulars of arrangements for consultation on the framing of regulations and for collaboration in their administration, as required in this provision of the Convention.
Please indicate specific provisions of national laws or regulations giving effect to these provisions of the Convention:
- Article 5, paragraphs 1-9;
- Article 6, paragraph 1 and 3(a)-(c);
- Article 7, paragraphs 2 and 3;
- Article 8, paragraphs 1-5 and 7(a)-(c);
- Article 9, paragraphs 1(a)-(b) and 2(a)-(b);
- Article 10; and
- Article 11, paragraph 5.
Article 7, paragraph 4. Please indicate how the competent authority has given consideration to provision of canteens on board ship in connection with the planning of recreation accommodation.
Article 8, paragraph 6. Please indicate specific provisions of national laws or regulations requiring that facilities for drying clothes shall be provided in all ships.
Article 11, paragraph 3. Please indicate specific provisions of national laws or regulations requiring that in all ships lights shall be provided in the crew accommodation.
Part IV of the report form. Please give a general appreciation of the manner in which the Convention is applied in Brazil as well as information on the number of seafarers covered by the measures giving effect to the Convention.
In its previous comments, the Committee expressed the hope that the Government would be in a position to report on progress made in adopting legislation to ensure the application of Parts II and III of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the provisions of Part II of this Convention. It notes with interest the adoption of Regulatory Norm No. 30 of the Ministry of Labour and Employment (NR No. 30). This norm contains detailed requirements with respect to various conditions of employment on board, including the crew accommodation.
The Committee is also addressing to the Government a direct request on a number of points.
Under Article 3 of the Convention, each Member for which this Convention is in force undertakes to comply, in respect of ships to which this Convention applies, with the Provisions of Parts II and III of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the provisions of Part II of this Convention. The Committee further recalls that in its previous comments it had asked the Government to adopt the necessary measures to give full effect to the provisions of the Convention. It notes the Government’s indication in its report that the specific provisions on crew accommodation will be incorporated in Regulatory Norm No. 30 on Maritime Labour, which had being formulated on a tripartite basis and currently was at the public consultation stage, following its official publication, pending possible amendments which may be suggested by organizations of shipowners and maritime workers. Such suggestions would be analysed by the Standing Tripartite Paritarian Commission, and a final norm would be consolidated and republished in the Official Gazette for dissemination and implementation.
Referring also to its comments under Convention No. 92, the Committee hopes that the Government will be in a position to report on progress made in the near future and that the provisions to be adopted will ensure compliance of the national legislation with the requirements of the Convention. The Committee also asks the Government to transmit the text of Regulatory Norm No. 30 when adopted.
The Committee notes the information supplied by the Government in its first report, particularly on the Maritime Transport Regulations (RTM), which establish principles to guide the examination and approval of plans for the construction of vessels and their inspection; and the PORTMARINST No. 20-092-A, of 25 February 1991, as amended, formulated by the Directorate of Ports and Coasts (DPC) of the Ministry of Maritime Affairs, which establishes rules relating to visits and inspections of vessels carried out by Harbour Masters, their representatives or agents, and the so-called classification associations recognized by the Government, in accordance with the requirements of the international conventions ratified and the rules established by the RTM and the DPC.
Article 3 of the Convention. The Committee notes the Government's indication in its report that there is currently no legal text covered by the Ministry of Labour containing provisions corresponding to many of the requirements of the Convention. In this respect, the Committee reminds the Government of the obligation deriving from Article 4, paragraph 1, to maintain in force laws or regulations which ensure the application of the Convention, that is the provisions contained in Parts II, III and IV of Convention No. 92 and Part II of this Convention.
Article 4, paragraph 2(c) and (d). The Committee notes the information provided by the Government in its report on the application of Convention No. 126 to the effect that the regulations respecting the labour inspectorate (RIT), approved by Decree No. 55.841 of 15 March 1965, determine the organization of the inspection system, the functions of its agents and the sanctions, as well as other related matters. It also notes the Government's statement that inspections of the conditions of accommodation of crews are carried out taking into consideration the provisions of the Regulatory Standards (NR), which are compulsory for public and private enterprises. The Committee requests the Government to provide copies to the Office of the texts of the above regulations and Regulatory Standards.
Point IV of the report form. The Committee requests the Government to provide in its next report summaries of the reports of the inspection services, information on the number and nature of the violations reported, the number of seafarers covered by the measures giving effect to the Convention and any other information related to the application of the Convention in practice.
The Committee hopes that in the near future the Government will adopt the necessary measures to give full effect to the provisions of the Convention.