Certification of Ships' Cooks Convention, 1946 (No. 69) - Guinea - Bissau (Ratification: 1977)

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

The Committee takes note of the Government’s reports on several maritime Conventions. In this regard, the Committee notes the Government’s indication that the Maritime Labour Convention, 2006 (MLC, 2006), has been approved by the Popular National Assembly in 2016 and that it is committed to preparing the declaration foreseen in Regulation 4.5, paragraph 2, to include the coverage of medical care, sickness benefit, old-age benefit and occupational disease benefit. The Committee notes these efforts and requests the Government to provide updated information on progress achieved in this regard. 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.

The Food and Catering (Ships’ Crews) Convention, 1946 (No. 68). Article 1(3) of the Convention. Scope of application. The Committee requested 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 Committee notes the Government’s indication that only three vessels are flying its flag and that they are obsolete. It further notes that the Government refers to the existence of a draft collective agreement for seafarers covering some of the requirements of the Convention. The Committee requests the Government to provide information on the developments concerning any legislative measure or collective bargaining agreement 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. Recalling that only the competent authority – not the captain – is allowed to grant exemptions from the obligation of the ship’s cook to hold a certificate of qualification and 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 requested the Government to indicate the measures taken to give effect to Articles 3 and 4 of the Convention. The Committee takes note of the Government’s indication that there is no naval school in the country, but that it is considering the possibility of accrediting certain existing schools for cooks, which would provide the necessary training and qualification for ships’ cooks. The Committee requests the Government to provide information on any progress achieved in this regard as well as on any other measures taken to give effect to Articles 3 and 4 of the Convention.

The Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 4(2) of the Convention. Seafarer’s identity document. Particulars to be included. The Committee requested the Government to modify the current cédula de inscricão marítima (seafarer’s identity document) in order to include a statement that the document is a seafarer’s identity document for the purpose of this Convention. It notes the Government’s indication that measures will be taken to ensure that the cédula de inscricão marítima complies with the requirements of the Convention. The Committee therefore requests the Government to provide a specimen of the modified cédula de inscricão marítima once adopted.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep 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:

Repetition

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 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 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 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

Articles 3 and 4 of the Convention. Ship’s cook certificate of qualification. Examinations for the granting of certificates of qualification. The Committee takes note that a comparative analysis of the MLC, 2006, and national legislation was carried out with the Office’s assistance, and that the MLC, 2006, is before the Popular National Assembly for consideration. The Committee further notes that, in its earlier comments, it had emphasised 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. The Committee 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.

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

Articles 3 and 4 of the Convention. Ship’s cook certificate of qualification. Examinations for the granting of certificates of qualification. The Committee takes note that a comparative analysis of the MLC, 2006, and national legislation was carried out with the Office’s assistance, and that the MLC, 2006, is before the Popular National Assembly for consideration. The Committee further notes that, in its earlier comments, it had emphasised 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. The Committee 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 draws the Government’s attention to the fact that the minimum standards on training and qualification of ship’s cook have been incorporated in Regulation 3.2(3), Standard A3.2 and Guideline B3.2.2 of the MLC, 2006, and therefore the application of the provisions of Convention No. 69 would facilitate the implementation of the corresponding provisions of the MLC, 2006. The Committee requests the Government to provide information on the adoption of legislation giving effect to Articles 3 and 4 of the Convention and on the ratification process 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

Articles 3 and 4 of the Convention. Ship’s cook certificate of qualification. Examinations for the granting of certificates of qualification. The Committee takes note of the Government’s indication that it has initiated the ratification process of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is, consequently, unable to report on the application of the present Convention. The Government indicates that a comparative analysis of the MLC, 2006, and national legislation was carried out with the Office’s assistance, and that the MLC, 2006, is currently before the Popular National Assembly for consideration. The Committee further notes that, in its earlier comments, it had emphasised 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 certificated ships’ cooks. The Committee 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 draws the Government’s attention to the fact that the minimum standards on training and qualification of ship’s cook have been incorporated in Regulation 3.2(3), Standard A3.2 and Guideline B3.2.2 of the MLC, 2006, and therefore the application of the provisions of Convention No. 69 would facilitate the implementation of the corresponding provisions of the MLC, 2006. The Committee expresses the hope that legislation giving effect to Articles 3 and 4 of the Convention will soon be adopted and requests the Government to keep the Office informed of any development, with regard to the ratification process and the effective implementation of the MLC, 2006.

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

Articles 3 and 4 of the Convention. Ship’s cook certificate of qualification. Examinations for the granting of certificates of qualification. The Committee takes note of the Government’s indication that it has initiated the ratification process of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is, consequently, unable to report on the application of the present Convention. The Government indicates that a comparative analysis of the MLC, 2006, and national legislation was carried out with the Office’s assistance, and that the MLC, 2006, is currently before the Popular National Assembly for consideration. The Committee further notes that, in its earlier comments, it had emphasised 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 certificated ships’ cooks. The Committee 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 draws the Government’s attention to the fact that the minimum standards on training and qualification of ship’s cook have been incorporated in Regulation 3.2(3), Standard A3.2 and Guideline B3.2.2 of the MLC, 2006, and therefore the application of the provisions of Convention No. 69 would facilitate the implementation of the corresponding provisions of the MLC, 2006. The Committee expresses the hope that legislation giving effect to Articles 3 and 4 of the Convention will soon be adopted and requests the Government to keep the Office informed of any development, with regard to the ratification process and the effective implementation of the MLC, 2006.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 4 of the Convention. Certificates of qualification. The Committee notes that there is no naval school in the country, and that, therefore, the certificates of qualification are for internal use only. The Committee hopes that the state services and national institutions will soon be operating normally again, and that the necessary legislation and practical measures to implement the Convention will be put in place. The Committee requests the Government to keep the Office informed about any progress made in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that there is no naval school in the country, and that, therefore, the certificates of qualification are for internal use only. The Committee hopes that the state services and national institutions will soon be operating normally again, and that the necessary legislation and practical measures to implement the Convention will be put in place. The Committee requests the Government to keep the Office informed about all progress made in this respect, and to continue to provide information with respect to its previous observation regarding Articles 3(2) and 4 of the Convention, as well as Part V of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the Government’s report and the fact that there is no naval school in the country and therefore the certificates of qualification are internal only. The Committee hopes that the state services and national institutions will soon be operating normally again, and that the necessary legislation and practical measures to implement the Convention will be put in place. The Committee requests the Government to keep it informed about all progress made in this respect, and to continue to provide information with respect to its previous observation regarding Article 3, paragraph 2, and Article 4 of the Convention, as well as Part V of the report form.

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

Article 3, paragraph 2, of the Convention. The Government indicates in its report that, in certain cases, cooks without certificates may be engaged with the authorization of the master of the ship. The Committee recalls that, in accordance with the Convention, exemptions from the obligation to hold a certificate of qualification as a ship’s cook may only be granted by the competent national authority in cases where there is an inadequate supply of certificated ships’ cooks. The Committee hopes that the Government will take every appropriate measure to bring its legislation into conformity with this provision of the Convention.

Article 4. The Committee notes that, in accordance with section 141 of the Regulations on the Maritime Register, the Registration and Rotation of Ships in the Merchant and Fishing Fleet, examinations must in principle be organized to ascertain the capacity of ships’ cooks. It notes, however, that according to the Government’s report, this examination does not exist in practice. The Committee recalls that, in accordance with Article 4, paragraph 1, of the Convention, the competent authority shall make arrangements for the holding of examinations and for the granting of certificates of qualification. It hopes that the Government will be in a position to take all the appropriate measures to comply with the obligations set out in the Convention.

Part V of the report form. The Government indicates in its report that the inspection services are currently experiencing difficulties in discharging their functions. The Committee requests the Government to indicate the measures which have been taken to resolve this problem and hopes that the Government will be in a position to provide the information requested in its next report.