Officers' Competency Certificates Convention, 1936 (No. 53) - Mauritania (Ratification: 1963)

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

In order to provide an overview of the issues relating to the application of maritime agreements, the Committee considers it helpful to examine them in a single comment as follows.

The Committee notes the adoption of Act No. 2013-029 of 15 October 2013, establishing the Merchant Navy Code (CMM) which addresses some points raised by the Committee in its previous requests. It also notes the observations of the General Confederation of Workers of Mauritania (CGTM), received on 28 August 2015, relating to the Seamen’s Articles of Agreement Convention, 1926 (No. 22) and the Repatriation of Seamen Convention, 1926 (No. 23). The Committee notes that, according to the CGTM, social dialogue has been interrupted by the Fishing Ministry concerning negotiations regarding the Maritime Convention and workers and trade unions are no longer involved in the implementation and monitoring of the relevant regulations. The CGTM maintains that the social partners are excluded from the negotiations regarding the conclusion of maritime agreements. The Committee notes the Government’s reply to the observations of the CGTM. However, it notes that this reply does not provide clarification on this matter. The Committee requests the Government to provide information in this respect.

Seamen’s Articles of Agreement Convention, 1926 (No. 22.) Article 3(1). Signature of a seafarers’ employment agreement. In its previous request, the Committee requested the Government to indicate the measures taken in order to ensure that the seafarer, and possibly his or her adviser, has the possibility of examining the employment agreement before signing it, and that the seafarer understands its terms, as required by the Convention. In its reply, the Government indicates that section 394(2) of the CMM gives full effect to this provision of the Convention. The new provision of the CMM stipulates that the contract must be signed by the seafarer before departure of the vessel under conditions that allow him or her to examine the clauses unhurriedly and to, where necessary, freely ask and accept advice before signing. The Committee takes note of this information.

Article 6(3)(2). Particulars to be included in the employment agreement. In its previous comments, the Committee noted that the former CMM did not provide for the compulsory inclusion in the seafarers’ employment agreement of the place and date when the agreement was signed and details of annual leave with pay. The Committee notes that the Government’s report does not contain information on this subject and that the new Code does not cover this point. The Committee once again requests the Government to indicate how full effect is given to this provision of the Convention.

Repatriation of Seamen Convention, 1926 (No. 23). Application of the Convention. The Committee notes the observations of the CGTM according to which Mauritanian seafarers are abandoned by foreign shipowners in transit ports. It emphasizes that this situation is due mainly to the type of permits granted by the State and their lack of clarity, as foreign shipowners do not want any on-board monitoring conducted by national seafarers. The Committee requests the Government to provide information in this regard.

Article 5(2). Remuneration. In its previous comment, the Committee noted that previous Act No. 95-009 of 31 January 1995, establishing the CMM, did not contain any provisions to ensure that a seafarer repatriated as a member of a crew is entitled to remuneration for work done during the voyage, as set out by this Article of the Convention. In its reply, the Government indicates that the provisions of the new CMM are in line with the provisions of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes, however, that subsection (8) of the new CMM (sections 460–462) on the issue of repatriation still does not include provisions ensuring that a seafarer be remunerated. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Officers’ Competency Certificates Convention, 1936 (No. 53). Article 3(2). Exceptions. The Committee notes that section 418(1) of the new CMM provides that seafarers can only be employed on board a Mauritanian vessel if they have successfully completed the appropriate vocational training. Paragraph 2 of the section in question provides that, except in cases of force majeure or exceptions granted by the maritime authority, the duties of officers on board commercial vessels can only be performed by seafarers who hold a certificate or qualification in accordance with the International Convention on Standards of Training, Certification, and Watchkeeping (STCW). The Committee once again recalls that exceptions to the provisions of the Convention are only permitted in cases of force majeure and that, therefore, the possibility for the maritime authority to grant exceptions is not in conformity with the Convention. It therefore hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention and that, until then, the maritime authority will not grant such exceptions.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3(2) of the Convention. Exceptions. The Committee refers to its previous comments, in which it noted that section 275(3) of the Maritime Code authorizes the Central Maritime Authority to make exceptions, in cases of recognized necessity, to the requirement for masters, skippers, chief engineers and officers to hold a diploma, certificate or other required qualification. Recalling that the Convention only allows exceptions from these requirements in cases of force majeure, the Committee hopes that the Government will take the necessary measures to ensure that the exceptions granted under section 275(3) of the Maritime Code are only authorized in such cases. It also requests the Government to provide information on the number of exceptions granted under section 275(3) of the Maritime Code during the period covered by its next report and the circumstances justifying the granting of these exceptions.

Article 5. Supervision of the enforcement of the provisions of the Convention. The Committee requests the Government to provide information on the measures taken with a view to ensuring the inspection of vessels flying the Mauritanian flag, and, where necessary, the detention of the vessels concerned, with a view to supervising the enforcement of the provisions of the Convention. The Government is also requested to provide information on the procedure followed in the framework of the port State control when violations of the provisions of the Convention are observed on board a vessel flying the flag of another State. The Committee would also be grateful if the Government would provide statistical data on the number of inspections conducted each year, both in the context of flag State inspections and port State controls.

Article 6. Penalties. The Committee notes that section 448(18) of the Maritime Code classifies as a non-serious maritime violation the failure by a master or a seafarer to comply with, among others, provisions respecting the qualification of ships’ crews. The Committee would be grateful if the Government would provide further information on this subject, taking into account the potential consequences, in terms of safety, of failure to comply with requirements relating to the qualification of ships’ crews, as well as the importance of the responsibility of shipowners and masters in this field.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the number of certificates of the various categories that have been issued during the period covered by its next report, as well as statistical data on the number of violations covered by section 448(18) of the Maritime Code which are reported and the penalties applied to those responsible. The Government is also requested to provide updated information on the composition of its fleet, and particularly to indicate whether it continues to be exclusively or almost exclusively composed of fishing vessels.

Finally, the Committee recalls that the Maritime Labour Convention, 2006 (MLC, 2006), revises Convention No. 53 and 36 other international maritime labour conventions, with the objective of establishing equitable rules for all shipowners in relation to the living and working conditions of seafarers. It also recalls that, during the negotiations which finally led to the adoption of the MLC, 2006, it was agreed that responsibility for issues relating to the training and certification of seafarers – with the exception of ships’ cooks – should be transferred to the International Maritime Organization (IMO). Regulation 1.3(3) of the MLC, 2006, provides that training and certification in accordance with the mandatory instruments adopted by the IMO shall be considered as meeting the requirements of the MLC, 2006. Similarly, the Work in Fishing Convention, 2007 (No. 188), which lays down consolidated and updated standards regulating work in the fishing sector, does not revise the Fishermen’s Competency Certificates Convention, 1966 (No. 125), in order to avoid the duplication of rules in relation to the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel of the International Maritime Organization (IMO) (STCW-F Convention 1995). In this respect, the Committee notes with interest that on 30 June 2008 Mauritania ratified the STCW-F Convention 1995, although it has not yet entered into force. Recalling that Mauritania continues to be bound by the provisions of Convention No. 53 until the MLC, 2006, enters into force for it, the Committee requests the Government to keep the Office informed of any further developments relating to the ratification and effective implementation of the MLC, 2006. The Government is also requested to inform the Office of any decision which may be taken concerning the ratification of Convention No. 188.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 4, paragraph 1(c), of the Convention. Certificate of competency. The Committee notes with satisfaction the adoption of Order No. 00288 of 25 March 2002 on the award of vocational certificates.

Article 3, paragraph 2. Exceptions. In its previous observation, the Committee noted that, under the terms of section 275 of the Maritime Code, in cases of recognized necessity the maritime authority may make exceptions to the requirement to hold a certificate to exercise the duties of master, officer, etc. The Government is requested to indicate in detail the number of cases in which exceptions have been granted and the circumstances in which such exceptions have been authorized.

Article 4, paragraph 2(b). Certificate of competency. The Committee reiterates its observation that the Government’s report is silent on laws or regulations providing for the organization and supervision of examinations. According to this provision of the Convention, national laws or regulations shall provide for the organization and supervision by the competent authority of one or more examinations for the purpose of testing whether candidates for competency certificates possess the qualifications necessary for performing the duties corresponding to the certificates for which they are candidates. The Committee requests the Government to indicate the measures adopted to ensure that the national legislation provides for the organization and supervision of examinations, in accordance with the Convention. Please indicate the nature of the examinations for each category of competency certificates (practical, theoretical), describe the examinations briefly and provide indications on the methods of the organization and supervision of the examinations by the competent authority.

Article 5, paragraph 2. Detention of vessels. The Committee notes the Government’s reply concerning the immobilization of any vessel in the event of fraud. Nevertheless, it requests the Government to provide information on the national laws or regulations determining the cases in which a vessel may be detained on account of a breach of the provisions of this Convention and indicating the respective procedure.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided in the Government’s latest report. It requests the Government to provide further information on the following points.

Article 3, paragraph 2, of the Convention. According to article 275 of the Maritime Code, the maritime authority may make exceptions to the requirement for holding a certificate for exercising the duties of captain, officer, etc., in cases of recognized necessity ("nécessité reconnue"). The Committee recalls that, under this provision of the Convention, exceptions to the requirement for holding a certificate may be made only in cases of force majeure, which is different from cases of recognized necessity ("nécessité reconnue"). The Government is asked to indicate in detail, the measures it takes to ensure that exceptions are only made in cases of force majeure. Please indicate how cases of force majeure are defined in national legislation.

Article 4, paragraph 1(c). Article 275 of the Maritime Code stipulates that the officers’ functions enumerated can only be exercised by seafarers holding certain certificates. Article 276 states that the conditions to obtain a certificate are regulated by the minister in charge of merchant shipping. These articles appear not to require the seafarer to pass an examination in order to obtain a certificate of competency. The Government is requested to indicate the measures taken to ensure that, in accordance with Article 4, paragraph 1(c), no person shall be granted a certificate of competency unless he passed the exams organized and supervised by the competent authority.

Article 4, paragraph 2(b). The Government’s report is silent on laws or regulations providing for the organization and supervision of examinations. According to this provision of the Convention, the national legislation shall provide for the organization and supervision by the competent authority of one or more examinations for the purpose of testing whether candidates for the competency certificate possess the qualifications necessary for performing the duties corresponding to the certificate for which they are candidates. The Government is asked to indicate the measures it has taken to ensure that the national legislation provides for the organization and supervision of the exams in accordance with the Convention. Please indicate the nature (practical or theoretical or both) and a brief outline of the examinations for each class of certificate, and the methods of the organization and supervision of the examinations by the competent authority.

Article 5, paragraph 2. The Committee notes from the Government’s report that the Maritime Authority can detain ships in certain cases. The cases described in the report, however, do not fully coincide with those under the terms of the Convention. The Government is requested to supply information on the national laws or regulations concerning the cases in which, and the procedure by which, a vessel may be detained on account of a breach of the provisions of this Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information in the Government’s report and recalls that for some years it has spoken about adopting decrees concerning the certification of officers in order to implement the relevant provisions of the Merchant Shipping Code of 1995.

According to the Government’s 2001 report, the Committee understands that assistance funded by the World Bank has been provided, several draft decrees have been prepared (one of which is included with the report), and implementing texts will be adopted by the Ministry of Fisheries in the very near future.

The Committee requests the Government to keep it informed of progress in this matter and to forward copies of  final texts when they are adopted.

[The Government is asked to report in detail in 2003.]

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

Article 3 of the Convention. The Committee notes the provisions of the new Merchant Shipping Code (Act No. 95-009 of 31 January 1995) and in particular sections 275 and 276 under which the conditions for obtaining licences, diplomas, certificates and permission to perform the duties of master or skipper, first officer, first chief engineer or officer are determined by order of the Ministry responsible for Merchant Shipping. The Committee also notes the Government's statement in its report to the effect that the Decrees should be adopted. The Committee recalls that similar provisions exist in the former Merchant Shipping Code (sections 80 and 81 of Act No. 78-043) and that the Government had indicated on various occasions in its previous reports that the conditions under which certificates of officers' competency are issued should be stipulated by Decree. Nevertheless, the Committee notes that the above Decrees have never been adopted and trusts that the legislation to give effect to this Article of the Convention will shortly be promulgated and that the Government will provide information in respect of any progress made in this regard.

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

Article 3 of the Convention. Further to its previous observations, the Committee notes the Government's report as well as the results of the ILO's direct contacts mission in May 1992. It notes with interest that the technical assistance of the ILO has been sought by the Government, and in principle agreed to by the Office, in order to draft legislative amendments that will enable the competent national authority to grant certificates of competency or approve foreign ones, as well as to help it obtain the required technical knowledge and material means to put such legislation into operation. The Committee welcomes this information and expects to be kept informed of the progress made in putting national legislation and practice in full conformity with the Convention.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 3 of the Convention. The Committee notes the Government's statement in reply to its previous observations, to the effect that the Department of Fisheries and Maritime Economy is already well-advanced in the general revision of the maritime legislation. It also notes the administrative difficulties mentioned in the report. The Committee hopes that provisions establishing the requirements for the award of competency certificates and the procedures for the approval by the Mauritanian authorities of certificates issued abroad will be adopted in the very near future. It once again requests the Government to supply a copy of this legislation as soon as it is available.