Accommodation of Crews Convention (Revised), 1949 (No. 92) - Guinea - Bissau (Ratification: 1977)

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 1(3) of the Convention. Scope of application. The Committee notes the Government’s indications that it has undertaken the process of ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and consequently is not in a position to submit a report on the application of the present Convention. The Government indicates that a comparative analysis of the MLC, 2006, and of the national legislation has been completed with the assistance of the Office and the Convention is now submitted to the National Popular Assembly. The Committee recalls that in its previous reports, the Government had indicated that there were no vessels above 500 GT registered under its flag while Convention No. 92 applies only to this type of vessels. It draws the Government’s attention to the fact that according to its Article II(4), the MLC, 2006, applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities irrespective of their tonnage. Only ships engaged in fishing or in similar pursuits, and ships of traditional build such as dhows and junks, as well as warships and naval auxiliaries are excluded from its scope of application. The provisions of Convention No. 92 have essentially been reproduced in Regulation 3.1, Standard A3.1 and Guideline B3.1 of the MLC, 2006. However, Standard A3.1 contains flexibility clauses in some respects for passenger ships, ships of less than 3,000 GT, and, under certain conditions, ships of less than 200 GT. The Committee hopes that the Government will soon complete the ratification process of the MLC, 2006, and requests it to keep the Office informed of any new development in this regard.

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

Article 1(3) of the Convention. Scope of application. The Committee notes the Government’s indications that it has undertaken the process of ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and consequently is not in a position to submit a report on the application of the present Convention. The Government indicates that a comparative analysis of the MLC, 2006, and of the national legislation has been completed with the assistance of the Office and the Convention is now submitted to the National Popular Assembly. The Committee recalls that in its previous reports, the Government had indicated that there were no vessels above 500 GT registered under its flag while Convention No. 92 applies only to this type of vessels. It draws the Government’s attention to the fact that according to its Article II(4), the MLC, 2006, applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities irrespective of their tonnage. Only ships engaged in fishing or in similar pursuits, and ships of traditional build such as dhows and junks, as well as warships and naval auxiliaries are excluded from its scope of application. The provisions of Convention No. 92 have essentially been reproduced in Regulation 3.1, Standard A3.1 and Guideline B3.1 of the MLC, 2006. However, Standard A3.1 contains flexibility clauses in some respects for passenger ships, ships of less than 3,000 GT, and, under certain conditions, ships of less than 200 GT. The Committee hopes that the Government will soon complete the ratification process of the MLC, 2006, and requests it to keep the Office informed of any new development in this regard.

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

Article 1(3) of the Convention. Scope of application. The Committee notes the Government’s indication that there are currently no vessels of over 500 tons registered under the country’s flag and therefore there is no specific legislation regulating work or crew accommodation on board such vessels. Recalling that the Convention does not apply to vessels of less than 500 tons, the Committee requests the Government to indicate in future reports any new developments which would have a bearing on the application of the Convention.

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 Government indicates that it does not possess any vessels of over 500 tons and that there is no specific legislation governing work on board vessels. Consequently, the national law does not give effect to the provisions contained in the Convention. The General Labour Act (Act No. 2/86 of 5 April 1986) envisages, however, that workers must work in conditions of occupational safety and health (articles 19/2-(g); 20/2-(c); 24/(f) and 161/1). The Directorate of Naval and Port Services and the General Labour Inspectorate are responsible for the application of the provisions of this Act. The Committee notes that the Government had indicated that this Act was undergoing revision, in particular with a view to adding a chapter relating to the work of seafarers. It notes that no information has been provided concerning this point. The Committee requests the Government to indicate, in its next report, any progress made regarding the revision process. It also requests it to continue to provide information on the development of its fleet and the application of the Convention.

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

The Government indicates in its report that it does not possess any vessels of over 500 tons and that there is no specific legislation governing work on board vessels. Consequently, the national law does not give effect to the provisions contained in the Convention. The General Labour Act (Act No. 2/86 of 5 April 1986) envisages, however, that workers must work in conditions of occupational safety and health (articles 19/2-(g); 20/2-(c); 24/(f) and 161/1). The Directorate of Naval and Port Services and the General Labour Inspectorate are responsible for the application of the provisions of this Act. The Committee notes that, in its previous reports, the Government indicated that this Act was undergoing revision, in particular with a view to adding a chapter relating to the work of seafarers. It notes that no information has been provided concerning this point. The Committee requests the Government to indicate, in its next report, any progress made regarding the revision process. It also requests it to continue to provide information on the development of its fleet and the application of the Convention.

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

The Committee notes the Government’s indication that effect to the provisions of the Convention is given by the general labour law, but in practice there are major difficulties in its full application. The Committee further notes that the revision of the general labour law is currently under way which would include an addition of a special chapter dealing with work on board vessels. It would be grateful if the Government would continue to supply information on any developments in this respect. The Committee also requests the Government to indicate whether in Guinea-Bissau there are ships to which the Convention is applicable.