Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91) - 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 10 of the Convention. Implementing legislation. 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 Recalling the Government’s indication in previous reports that the Convention was given only partial effect by the General Labour Act of 1986 as no specific law had been adopted on maritime labour, the Committee 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 which may not have been previously communicated to the Office.

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 10 of the Convention. Implementing legislation. 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. The Committee recalls, in this regard, that the main provisions of this Convention have been incorporated into Regulation 2.4 and the corresponding Code of the MLC, 2006, and therefore ensuring compliance with the Convention would facilitate compliance with the corresponding requirements of the MLC, 2006. Recalling the Government’s indication in previous reports that the Convention was given only partial effect by the General Labour Act of 1986 as no specific law had been adopted on maritime labour, the Committee 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 which may not have been previously communicated to the Office. The Committee also requests the Government to provide information on any further 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 10 of the Convention. Implementing legislation. 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. The Committee recalls, in this regard, that the main provisions of this Convention have been incorporated into Regulation 2.4 and the corresponding Code of the MLC, 2006, and therefore ensuring compliance with the Convention would facilitate compliance with the corresponding requirements of the MLC, 2006. Recalling the Government’s indication in previous reports that the Convention was given only partial effect by the General Labour Act of 1986 as no specific law had been adopted on maritime labour, the Committee 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 which may not have been previously communicated to the Office. The Committee also requests the Government to keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

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

Article 10 of the Convention. Implementing legislation. 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. The Committee recalls, in this regard, that the main provisions of this Convention have been incorporated into Regulation 2.4 and the corresponding Code of the MLC, 2006, and therefore ensuring compliance with the Convention would facilitate compliance with the corresponding requirements of the MLC, 2006. Recalling the Government’s indication in previous reports that the Convention was given only partial effect by the General Labour Act of 1986 as no specific law had been adopted on maritime labour, the Committee 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 which may not have been previously communicated to the Office. The Committee also requests the Government to keep the Office informed of any further 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 that the General Labour Act of 1986 applies the provisions of the Convention, although it contains gaps. The draft Labour Act will regulate conditions of work of seafarers. 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 the General Labour Act of 1986 applies the provisions of the Convention, although it contains gaps. The draft Labour Act will regulate conditions of work of seafarers. 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 statement in its report that there are no national laws or regulations applying specifically to work on board ship as yet and that the general labour legislation has shortcomings in this respect. It also notes that a reform is currently being conducted by the Committee on the Revision of General Labour Law and that the latter is having considerable difficulty in carrying out its task.

The Committee points out to the Government that it may seek technical assistance from the Office in amending its national legislation to bring it into line 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 that, under the terms of Act No. 2/86 (General Labour Act), industrial relations on board ship are regulated by special legislation taking into account the fundamental principles set forth in that Act. The Committee requests the Government to indicate in its next report any provisions adopted or envisaged under section 1(2) of the General Labour Act to give full effect to the Convention.

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

The Committee notes with regret that once again 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 that, under the terms of Act No. 2/86 (General Labour Act), industrial relations on board ship are regulated by special legislation taking into account the fundamental principles set forth in that Act. The Committee requests the Government to indicate in its next report any provisions adopted or envisaged under section 1(2) of the General Labour Act to give full effect to the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 that, under the terms of Act No. 2/86 (General Labour Act), industrial relations on board ship are regulated by special legislation taking into account the fundamental principles set forth in that Act. The Committee requests the Government to indicate in its next report any provisions adopted or envisaged under section 1(2) of the General Labour Act to give full effect to the Convention.

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 that, under the terms of Act No. 2/86 (General Labour Act), industrial relations on board ship are regulated by special legislation taking into account the fundamental principles set forth in that Act. The Committee requests the Government to indicate in its next report any provisions adopted or envisaged under section 1(2) of the General Labour Act to give full effect to the Convention.

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

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 that, under the terms of Act No. 2/86 (General Labour Act), industrial relations on board ship are regulated by special legislation taking into account the fundamental principles set forth in that Act. The Committee requests the Government to indicate in its next report any provisions adopted or envisaged under section 1(2) of the General Labour Act to give full effect to the Convention.

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 that, under the terms of Act No. 2/86 (General Labour Act), industrial relations on board ship are regulated by special legislation taking into account the fundamental principles set forth in that Act. The Committee requests the Government to indicate in its next report any provisions adopted or envisaged under section 1(2) of the General Labour Act to give full effect to the Convention.

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 that, under the terms of Act No. 2/86 (General Labour Act), industrial relations on board ship are regulated by special legislation taking into account the fundamental principles set forth in that Act. The Committee requests the Government to indicate in its next report any provisions adopted or envisaged under section 1(2) of the General Labour Act to give full effect to the Convention.

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

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:

Following its previous direct request, the Committee notes with interest the information supplied by the Government in its last report. The Government communicated a copy of Decree No. 55/75 of October 1975, which gives partial effect to certain provisions of the Convention. The Committee notes that, under the terms of Act No. 2/86 (General Labour Act), industrial relations on board ship are regulated by special legislation taking into account the fundamental principles set forth in that Act. The Committee requests the Government to indicate in its next report any provisions adopted or envisaged under section 1(2) of the General Labour Act to give full effect to the Convention.

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

Following its previous direct request, the Committee notes with interest the information supplied by the Government in its last report. The Government communicated a copy of Decree No. 55/75 of October 1975, which gives partial effect to certain provisions of the Convention. The Committee notes that, under the terms of Act No. 2/86 (General Labour Act), industrial relations on board ship are regulated by special legislation taking into account the fundamental principles set forth in that Act. The Committee requests the Government to indicate in its next report any provisions adopted or envisaged under section 1(2) of the General Labour Act to give full effect to the Convention.