Seafarers' Identity Documents Convention, 1958 (No. 108) - Cameroon (Ratification: 1982)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the reports submitted by the Government on Conventions Nos. 108 and 146. In order to provide an overview of the issues concerning the application of the maritime Conventions, the Committee considers it appropriate to examine these reports in a single comment.

The Committee notes the observations of the Cameroon National Seafarers Union (SYNIMAC), received by the Office on 27 July 2020, on the failure to observe seafarers’ rights and the need to accelerate the ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee requests the Government to provide its comments in this regard.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 2(1). Issuance of a seafarers’ identity document (SID). In its previous comment, the Committee requested the Government to indicate the measures adopted to ensure the issuance of a SID to each of its nationals who is a seafarer, in accordance with the Convention, without regard to their level of training or professional experience. In its reply, the Government indicates that a SID is issued to each applicant and enables the identification of the holder, without regard to the status of the booklet as temporary or permanent. The Committee notes this information. The Committee notes that SYNIMAC refers to the need to establish electronic SIDs in accordance with the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185). The Committee requests the Government to provide its comments in this regard.

Article 4. Form and content of the SID. In its previous comment, the Committee requested the Government to provide an up-to-date specimen of the SID and the maritime seafarers’ booklet. The Committee observes, however, that the Government has not provided these documents. The Committee once again requests the Government to provide an up-to-date specimen of the SID and the maritime seafarers’ booklet.

Article 5. Readmission to the territory. In reply to the Committee’s previous comments, the Government indicates that the readmission of a seafarer to Cameroonian territory is not subject to the renewal of the contract. In the absence of information on the relevant legislative and regulatory provisions, the Committee requests the Government to indicate how effect is given to this provision of the Convention.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Article 5. Calculation of length of service. In its previous comment, the Committee requested the Government to provide a copy of the text of the collective agreement for maritime shipping so that it could assess whether the calculation of length of service is in conformity with the requirements of the Convention. In its reply, the Government indicates that the collective agreement for maritime shipping is in the process of being drafted. The Committee requests the Government to provide a copy of the text of the collective agreement once it has been adopted.

Article 10. Leave. In its previous comment, noting that section 432 of Regulation No. 08/12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) adopting the Merchant Shipping Community Code of 22 July 2012 (hereinafter: Community Code) reproduces the terms of Standard A2.4(2) and (3) of the MLC, 2006, the Committee requested the Government to indicate the extent to which the Community Code was applied in practice in Cameroon. In its reply, the Government indicates that the Community Code is applicable at the national level, referring to, among other provisions, section 798(2) of the Code, which specifies that the Code is directly applicable in all the member States. The Committee notes this information.

Article 11. Relinquishment of the right to leave. In its previous comment, the Committee requested the Government to indicate the manner in which section 92(5) of the Labour Code and section 432 of the Community Code prohibiting the relinquishment of the right to the minimum annual leave with pay are applied in practice and brought to the attention of the persons concerned. In its reply, the Government indicates that “section 92(5) provides that, as leave is granted to workers to allow them to rest, the payment of monetary compensation in lieu of leave is strictly prohibited in all other cases. Therefore, the provisions of the aforementioned section are applicable throughout the country.” The Committee notes this information.

Article 12. Recall of seafarers on leave. In its previous comment, the Committee requested the Government to indicate the manner in which it ensures the application of Article 12 of the Convention. In its reply, the Government indicates that, to date, the Cameroonian legislator has not legislated on this matter. However, the Committee notes that section 434(4) of the Community Code provides that seafarers on annual leave cannot be recalled except in cases of extreme emergency and with their agreement. Referring to the Government’s indications concerning the direct application of the Community Code in Cameroon, the Committee notes this information.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes 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

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Placing of Seamen Convention, 1920 (No. 9). Article 2. Penal sanctions. The Committee notes the Government’s indication in its report that, in the absence of specific provisions in the Merchant Shipping Community Code on the penalties imposed for violations in relation to the placement of seafarers, effect is given to Article 2(2) of the Convention by section 12 of Decree No. 93/570/PM of 15 July 1993 determining the procedures for the placing of workers. The Committee notes that this section provides that violations of the provisions of the Decree shall be punished by the penalties set out in section 167 of the Labour Code. It notes that Decree No. 93/570/PM does not specifically address the placing of seafarers and that section 167 of the Labour Code establishes penalties for a series of specific violations. The Committee requests the Government to provide information on the application of these provisions, including a copy of any court rulings handed down under these provisions in relation to the placement of seafarers.

Article 3. Exceptions. In its previous comment, the Committee recalled that the coexistence of public employment services operated free of charge and of fee-paying placement agencies for seafarers is not sufficient to ensure compliance with the Convention, which explicitly prohibits the placement of seafarers for pecuniary gain, without any exceptions, in contrast with the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), and the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes that the Government has not replied to its comments on this point and refers it to the Ministry of Employment and Vocational Training (MINEFOP) and the Ministry of Transport (MINT) to provide further information. The Committee once again requests the Government to indicate the measures envisaged or adopted to separate training activities from those of placement, which cannot be carried out on a profit-making basis.

Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16). The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) contained in a communication received on 10 October 2014. With regard to the present Convention, the UGTC indicates that “Medical examinations are not carried out in ports”. In this regard, the Committee recalls that Article 2 of the Convention provides that the employment of any child or young person under 18 years of age on any vessel shall be conditional on the production of a medical certificate attesting fitness for such work, signed by a doctor who shall be approved by the competent authority. Article 3 specifies that the medical examination shall be repeated at intervals of not more than one year. The Committee requests the Government to provide its reply to the observations set out above and to specify the measures taken to ensure that full effect is given to the Convention.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 2(1). Issuance of a seafarer’s identity document. The Committee notes the Government’s indication in its report that, in accordance with section 6 of Order No. 1643 of 10 December 1975, a temporary authorization is issued to beginner seafarers without vocational qualifications, and that after six months’ actual service on board they receive a seafarer’s identity card. The Government indicates that the relevant provisions of the national collective agreement for maritime shipping and the Merchant Shipping Community Code ensure the issuance of seafarers’ identity documents without conditions in respect of training or professional experience. The Committee recalls that the Convention requires Members to issue to each of its nationals who is a seafarer a seafarer’s identity document, without regard to their level of training or professional experience. The Committee requests the Government to provide a copy of the national collective agreement for maritime shipping and to indicate the measures taken to ensure the issuance of a seafarer’s identity document to each of its nationals who is a seafarer, in accordance with the Convention.

Article 4. Form and content of the seafarer’s identity document. According to the Government’s report, the national collective agreement for maritime shipping contains relevant information concerning the form and content of the identity document. The Committee once again requests the Government to provide a specimen (not a photocopy) of the up-to-date seafarer’s identity card and maritime seafarers’ booklet.

Article 5. Readmission to the territory. The Government indicates, in its report, that it has taken due note of the Committee’s previous comment on this point and that it will take the necessary measures. The Committee recalls that the Convention requires that any seafarer who holds a valid seafarer’s identity document issued by the competent authority of a territory shall be readmitted to that territory, including during a period of at least one year after any date of expiry indicated in that document. The Committee once again requests the Government to indicate the measures taken so as to bring national law and practice into conformity with the requirements of the Convention.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Article 5. Calculation of length of service. The Committee notes the Government’s indication that, in the absence of specific provisions in the Merchant Shipping Community Code, the provisions of the Labour Code apply to seafarers. The Committee notes that the Government’s report refers to the collective agreement for maritime shipping, which provides for the calculation of entitlement to leave, but which the Government has omitted to attach to the report. The Committee requests the Government to provide a copy of the collective agreement for maritime shipping.

Article 10. Leave. The Government refers once again to section 352 of the Merchant Shipping Community Code of 2001 for the determination of the time at which leave shall be taken. However, the Committee notes that it is section 353 of the 2001 Community Code which refers to annual leave, while section 352 relates to weekly rest and contains no reference to the time at which annual leave shall be taken. The Committee also notes that, by means of Regulation 08/12 UEAC 088 CM-23, of 22 July 2012, the Council of Ministers of the Central African Economic and Monetary Community (CEMAC) adopted the new Merchant Shipping Community Code. Section 432 of the Community Code of 2012 reproduces the terms of paragraphs 2 and 3 of Standard A2.4 of the MLC, 2006, which revises the Convention, and grants four working days of leave per month of employment. Noting that section 798(2) of the Merchant Shipping Community Code of 2012 specifies that the Code is directly applicable in all member States, the Committee requests the Government to indicate the extent to which the new Community Code is applied in Cameroon and to provide a copy of any implementing text issued in this respect.

Article 11. Relinquishment of the right to leave. The Committee notes the Government’s indication that section 92(5) of the Labour Code, which formally prohibits the granting of compensation in lieu of leave, is applicable to seafarers. It also notes that section 432(2) of the Community Code of 2012 provides that any agreement to forego the minimum annual leave with pay prescribed in the Code, except in cases provided for by the competent authority, shall be prohibited. The Committee requests the Government to indicate the manner in which these provisions are applied in practice and brought to the attention of the persons concerned.

Article 12. Recall of seafarers on leave. The Government reiterates that no provisions envisaging the recall of seafarers on leave exist in the Merchant Shipping Community Code. However, in a previous report, the Government indicated that the conditions governing the recall of seafarers while they are on leave may be specified in the articles of agreement, by means of a memorandum or by decision of the shipowner or the placement agency. The Committee also notes that the Merchant Shipping Community Code of 2012 provides in section 434(4) that any seafarer taking annual leave should be recalled only in cases of extreme urgency and with their consent. The Committee therefore once again requests the Government to indicate the manner in which it ensures that, in each of these cases, seafarers on annual leave are recalled only in cases of extreme emergency and with reasonable notice.

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

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Placing of Seamen Convention, 1920 (No. 9). Article 2. Penal sanctions. The Committee notes the Government’s indication in its report that, in the absence of specific provisions in the Merchant Shipping Community Code on the penalties imposed for violations in relation to the placement of seafarers, effect is given to Article 2(2) of the Convention by section 12 of Decree No. 93/570/PM of 15 July 1993 determining the procedures for the placing of workers. The Committee notes that this section provides that violations of the provisions of the Decree shall be punished by the penalties set out in section 167 of the Labour Code. It notes that Decree No. 93/570/PM does not specifically address the placing of seafarers and that section 167 of the Labour Code establishes penalties for a series of specific violations. The Committee requests the Government to provide information on the application of these provisions, including a copy of any court rulings handed down under these provisions in relation to the placement of seafarers.

Article 3. Exceptions. In its previous comment, the Committee recalled that the coexistence of public employment services operated free of charge and of fee-paying placement agencies for seafarers is not sufficient to ensure compliance with the Convention, which explicitly prohibits the placement of seafarers for pecuniary gain, without any exceptions, in contrast with the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), and the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes that the Government has not replied to its comments on this point and refers it to the Ministry of Employment and Vocational Training (MINEFOP) and the Ministry of Transport (MINT) to provide further information. The Committee once again requests the Government to indicate the measures envisaged or adopted to separate training activities from those of placement, which cannot be carried out on a profit-making basis.

Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16). The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) contained in a communication received on 10 October 2014. With regard to the present Convention, the UGTC indicates that “Medical examinations are not carried out in ports”. In this regard, the Committee recalls that Article 2 of the Convention provides that the employment of any child or young person under 18 years of age on any vessel shall be conditional on the production of a medical certificate attesting fitness for such work, signed by a doctor who shall be approved by the competent authority. Article 3 specifies that the medical examination shall be repeated at intervals of not more than one year. The Committee requests the Government to provide its reply to the observations set out above and to specify the measures taken to ensure that full effect is given to the Convention.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 2(1). Issuance of a seafarer’s identity document. The Committee notes the Government’s indication in its report that, in accordance with section 6 of Order No. 1643 of 10 December 1975, a temporary authorization is issued to beginner seafarers without vocational qualifications, and that after six months’ actual service on board they receive a seafarer’s identity card. The Government indicates that the relevant provisions of the national collective agreement for maritime shipping and the Merchant Shipping Community Code ensure the issuance of seafarers’ identity documents without conditions in respect of training or professional experience. The Committee recalls that the Convention requires Members to issue to each of its nationals who is a seafarer a seafarer’s identity document, without regard to their level of training or professional experience. The Committee requests the Government to provide a copy of the national collective agreement for maritime shipping and to indicate the measures taken to ensure the issuance of a seafarer’s identity document to each of its nationals who is a seafarer, in accordance with the Convention.

Article 4. Form and content of the seafarer’s identity document. According to the Government’s report, the national collective agreement for maritime shipping contains relevant information concerning the form and content of the identity document. The Committee once again requests the Government to provide a specimen (not a photocopy) of the up-to-date seafarer’s identity card and maritime seafarers’ booklet.

Article 5. Readmission to the territory. The Government indicates, in its report, that it has taken due note of the Committee’s previous comment on this point and that it will take the necessary measures. The Committee recalls that the Convention requires that any seafarer who holds a valid seafarer’s identity document issued by the competent authority of a territory shall be readmitted to that territory, including during a period of at least one year after any date of expiry indicated in that document. The Committee once again requests the Government to indicate the measures taken so as to bring national law and practice into conformity with the requirements of the Convention.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Article 5. Calculation of length of service. The Committee notes the Government’s indication that, in the absence of specific provisions in the Merchant Shipping Community Code, the provisions of the Labour Code apply to seafarers. The Committee notes that the Government’s report refers to the collective agreement for maritime shipping, which provides for the calculation of entitlement to leave, but which the Government has omitted to attach to the report. The Committee requests the Government to provide a copy of the collective agreement for maritime shipping.

Article 10. Leave. The Government refers once again to section 352 of the Merchant Shipping Community Code of 2001 for the determination of the time at which leave shall be taken. However, the Committee notes that it is section 353 of the 2001 Community Code which refers to annual leave, while section 352 relates to weekly rest and contains no reference to the time at which annual leave shall be taken. The Committee also notes that, by means of Regulation 08/12 UEAC 088 CM-23, of 22 July 2012, the Council of Ministers of the Central African Economic and Monetary Community (CEMAC) adopted the new Merchant Shipping Community Code. Section 432 of the Community Code of 2012 reproduces the terms of paragraphs 2 and 3 of Standard A2.4 of the MLC, 2006, which revises the Convention, and grants four working days of leave per month of employment. Noting that section 798(2) of the Merchant Shipping Community Code of 2012 specifies that the Code is directly applicable in all member States, the Committee requests the Government to indicate the extent to which the new Community Code is applied in Cameroon and to provide a copy of any implementing text issued in this respect.

Article 11. Relinquishment of the right to leave. The Committee notes the Government’s indication that section 92(5) of the Labour Code, which formally prohibits the granting of compensation in lieu of leave, is applicable to seafarers. It also notes that section 432(2) of the Community Code of 2012 provides that any agreement to forego the minimum annual leave with pay prescribed in the Code, except in cases provided for by the competent authority, shall be prohibited. The Committee requests the Government to indicate the manner in which these provisions are applied in practice and brought to the attention of the persons concerned.

Article 12. Recall of seafarers on leave. The Government reiterates that no provisions envisaging the recall of seafarers on leave exist in the Merchant Shipping Community Code. However, in a previous report, the Government indicated that the conditions governing the recall of seafarers while they are on leave may be specified in the articles of agreement, by means of a memorandum or by decision of the shipowner or the placement agency. The Committee also notes that the Merchant Shipping Community Code of 2012 provides in section 434(4) that any seafarer taking annual leave should be recalled only in cases of extreme urgency and with their consent. The Committee therefore once again requests the Government to indicate the manner in which it ensures that, in each of these cases, seafarers on annual leave are recalled only in cases of extreme emergency and with reasonable notice.

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

The Committee notes the information provided by the Government in reply to its previous comments concerning the application of Article 6 of the Convention. It notes the formulation of a list and classification of types of maritime employment by the joint mixed commission responsible for the formulation and negotiation of the national collective agreement for the maritime sector. The Committee would be grateful if the Government would provide additional information in its next report on the following points.

Article 2, paragraph 1. Issuance of a seafarer’s identity document. According to the Government’s report, a temporary authorization is issued to beginner seafarers without vocational qualifications, and after six months’ actual service on-board, the latter receive an identity card. Article 2 of the Convention establishes the requirement for Members to issue an identity document “to each of its nationals who is a seafarer” without conditions relating to training or vocational experience, with the purposes of the identity document including facilitating shore leave for temporary periods while the vessel is in port, joining a ship or transferring to another ship, and facilitating transit or repatriation. The Committee requests the Government to take the necessary measures to ensure that the issuance of a seafarer’s identity document is not subject to any condition of training or professional experience, in accordance with the provisions of the Convention.

Article 4. Form and content of the seafarer’s identity document. According to the Government’s report, the joint mixed commission responsible for formulating and negotiating the national collective agreement will henceforth be the forum for social dialogue in the maritime sector and will be responsible for determining the form and content of the seafarer’s identity document. The Committee requests the Government to keep the Office informed of the measures adopted or envisaged by the joint mixed commission for the determination of the form and content of the seafarer’s identity document.

Specimen of the maritime seafarer’s booklet and identity card. Up to now, the Committee only received a sample of the seafarer’s maritime booklet in 1989. In 2001, it received a photocopy of the maritime seafarer’s booklet that had been entirely modified in relation to the previous model. The Committee requests the Government to provide, with its next report, a sample of the seafarer’s identity card and of the maritime seafarer’s booklet.

Article 5. Readmission to the territory. The Government refers in its report to section 25 of the Labour Code of Cameroon, which provides that the contracts of workers of foreign nationality may only be renewed following approval by the minister responsible for labour. This provision means that the readmission to the territory of a seafarer in possession of an identity document is subject to the signature of a new contract. Section 25 is thus not in conformity with the Convention, which establishes that any seafarer who holds a valid seafarer’s identity document issued by the competent authority of a territory, shall be readmitted to that territory. The Convention further provides that the seafarer shall also be readmitted to the territory during a period of at least one year after any date of expiry indicated in the seafarer’s identity document. The Committee requests the Government to take the necessary measures to bring its law and practice into conformity with the requirements of the Convention.

The Committee invites the Government to envisage ratifying the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185) (the ratification of which would involve the immediate denunciation of Convention No. 108), or giving effect to it in practice, in accordance with Article 9 of Convention No. 185. The Committee would be grateful if the Government would provide information in its next report on any consultations held in this respect.

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

The Committee notes the Government’s report and the adoption of Regulation No. 03/01-UEAC-088-CM-06 of 3 August 2001 approving the revised Community Code on Merchant Shipping of the Monetary and Economic Community of Central Africa (CEMAC Code). It draws the Government’s attention to the following points.

Article 2, paragraph 1, of the Convention. Issuance of seafarers’ identity documents. According to section 330 of the CEMAC Code on Merchant Shipping, every seafarer embarking on a vessel receives, as appropriate, either a maritime identity card or a seafarer’s book. The Committee asks the Government to indicate any existing differences between the maritime identity card and the seafarer’s book, and clarify in which cases and for what reasons a maritime identity card would rather be issued than a seafarer’s book.

Article 4. Form and content of the seafarers’ identity document. The Committee requests the Government to supply, with its next report, a specimen of the maritime identity card and of the seafarer’s book. It also asks the Government to give particulars of the consultations held pursuant to paragraph 6 of this Article, which provides for consultations with the shipowners’ and seafarers’ organizations concerned, in order to determine the precise form and content of the seafarer’s identity document.

Article 5. Readmission to the territory. According to section 306(2) of the CEMAC Code on Merchant Shipping, any seafarer entered in the register of a Member State of the Monetary and Economic Community of Central Africa (CEMAC) may be embarked on a vessel flying the flag of a CEMAC Member State. Section 328 of the Code provides that one of the required conditions is to be a national of the State in which registration is requested. Nationals of landlocked CEMAC Member States, however, may request to be entered in the seafarer’s register of any coastal CEMAC Member State. The Committee requests the Government to indicate whether each seafarer who is national of a landlocked CEMAC Member State and a holder of a valid seafarer’s identity document issued by Cameroon, is readmitted to Cameroon. It also asks the Government to indicate whether, after any fixed date of expiry of the validity of his seafarer’s identity document, such seafarer would be readmitted to Cameroon.

Article 6. Entry into the territory. The Committee requests the Government to indicate whether Cameroon authorizes the entry into its territory of any seafarer in possession of a valid seafarer’s identity document when entry is requested for temporary shore leave while the ship is in port.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 4, paragraph 3(f), of the Convention. With reference to its previous comments, the Committee notes with interest the specimen of the seafarers' identity document sent by the Government with its report. The Committee hopes that the space where the bearer signs the booklet may be used for a thumbprint when the bearer is unable to sign.