Accommodation of Crews Convention (Revised), 1949 (No. 92) - Egypt (Ratification: 1982)

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

In its previous comments, the Committee observed that the national legislation did not give effect to a number of requirements of these Conventions and requested the Government to take all the necessary measures to meet its international obligations in this regard. The Committee notes that, in its reports, the Government indicates that no new legislative measures have been adopted in relation to these Conventions so far. It states, however, that work is under way to bring national legislation into conformity with the relevant provisions of the Maritime Labour Convention, 2006, as amended (MLC, 2006), in preparation for its effective implementation before ratification. The Committee recalls that the MLC, 2006, revises and consolidates all the previous maritime Conventions ratified by Egypt. Referring to its previous comments under the maritime Conventions, the Committee requests the Government to take all the necessary measures to bring the national legislation into conformity with the requirements of these Conventions. The Committee further requests the Government to provide information on the developments concerning the process of ratification of the MLC, 2006.

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

Articles 6–17 of the Convention. Crew accommodation requirements. In its previous comments, the Committee observed that the national legislation did not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention, such as those related to the minimum floor area of sleeping rooms, size of berths, lighting, ventilation, heating, mess rooms, sanitary facilities and hospital accommodation. In this respect, the Committee recalls that a legislative gap analysis, which was prepared in 2010 with the support of the Office with a view to assisting the Government with its preparations for the ratification of the MLC, 2006, as amended (MLC, 2006), similarly concluded that in a possible amendment to Maritime Law No. 8 of 1990, provision should be made for practically every aspect of crew accommodation contained in Title 3 of the MLC, 2006. The Committee further notes that a workshop on the MLC, 2006, was conducted by the Office in Alexandria in 2015. In its reply, the Government indicates that work is under way to bring national legislation into conformity with the provisions of Convention No. 92. The Government further indicates that the legislative committees continue their sessions so as to bring into conformity relevant national legislation with the provisions of the MLC, 2006, in preparation for its effective implementation before ratification. The Committee requests the Government to take all the necessary steps in order to bring its maritime legislation into conformity with the requirements of this Convention. The Committee also requests the Government to keep the Office informed of any developments in the process of ratification of the MLC, 2006.

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

Articles 6 to 17 of the Convention. Crew accommodation requirements. The Committee has been commenting for a number of years on the need to adopt laws or regulations implementing the specific requirements of Parts II, III and IV of the Convention. In its last report, the Government merely indicates that it is currently considering the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that consequently relevant legislation on crew accommodation will be drafted. While noting the Government’s intention to ratify the MLC, 2006, the Committee is bound to observe that at present the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6 to 17 of the Convention, such as those on minimum floor area of sleeping rooms, size of berths, lighting, ventilation, heating, mess rooms, sanitary facilities and hospital accommodation. The Committee also recalls that a legislative gap analysis, which was prepared in 2010 with the support of the Office with a view to assisting the Government with its preparations for the ratification of the MLC, 2006, similarly concluded that in a possible amendment to the Maritime Law No. 8 of 1990, provision should be made for practically every aspect of crew accommodation contained in Title 3 of the MLC, 2006. The Committee further observes that most of the provisions of Convention No. 92 have been consolidated in Regulation 3.1, Standard A3.1 and Guideline B3.1 of the MLC, 2006, and therefore ensuring compliance with Convention No. 92 will facilitate the implementation of the corresponding requirements of the MLC, 2006. The Committee hopes that the Government will take all necessary steps without further delay in order to bring its maritime legislation into conformity with the requirements of this Convention and that in doing so it will also seek to ensure compliance with the accommodation standards of Title 3 of the MLC, 2006. The Committee also requests the Government to keep the Office informed of any further progress made in the process of ratification and effective implementation of the MLC, 2006.

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

The Committee notes the general provision, contained in section 25 of Order No. 211 of 2003, that accommodation on board vessels shall be in conformity with the conditions approved by national and international legislation. Once again the Committee urges the Government to take - where this has not already been done - the necessary action to adopt laws or regulations giving full effect to each specific requirement prescribed by Parts II, III and IV of the Convention and to provide information on any progress made in this regard.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Articles 6 to 13, and 15 of the Convention. In its previous observation the Committee asked the Government to provide information on the legislation giving effect to these provisions of the Convention. It notes that in its latest report the Government refers to Law No. 158 of 1959 on maritime labour contracts, Law No. 8 of 1990 on maritime trade, Law No. 232 of 1989 on ship safety, and Order No. 143 of the Minister of Transport on ship safety of 1990, as the legislation applying the provisions of the Convention. The Government has also reiterated that Egyptian shipyards took due account of the requirements adopted by international bodies responsible for maritime supervision with respect to accommodation of crews as regards space, height, type of flooring, ventilation, keeping away from sources of heating etc.

The Committee notes that while acts referred to by the Government prescribe general requirements with respect to ships’ safety, they do not specifically deal with the subject matter of the above provisions of the Convention. It recalls that under Article 3, paragraph 1, of the Convention, each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure the application of the provisions of Parts II, III and IV of this Convention. The Committee urges the Government to take the necessary action to adopt laws or regulations giving effect to each specific requirement prescribed by Articles 6 to 13 and 15 of the Convention and to provide information on any progress made in this regard.

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

Articles 6 to 13 and 15 of the Convention. For a number of years the Committee has been asking the Government to provide information on the legislation which gives effect to these provisions. The Committee notes with regret that the Government’s latest report again provides no information in this regard. Recalling also the Government’s earlier indications concerning the work of the tripartite committee responsible for reviewing the legislation, the Committee requests the Government in its next report to provide information on any specific measures taken or envisaged to adopt the respective legislation.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Further to its previous comments the Committee notes the information supplied by the Government to the effect that the committee responsible for examining maritime Conventions has indicated that Act No. 232 of 1989 on the safety of ships and Order No. 143 of 1990 concerning the implementing rules of certain provisions of the Act are in the process of being amended, and has recommended that the amendments should take account of the Convention.

In this connection, the Committee would like to draw the Government's attention to the following points.

Article 3 of the Convention. Paragraph 1 of this provision requires the application of the provisions of Parts II, III and IV of the Convention to be ensured by laws or regulations which must fulfil several of the requirements in paragraph 2.

The Committee requests the Government to take all necessary steps to take account of this Article in the above-mentioned amendments, particularly with regard to the following Articles.

Article 4. The application of this provision must be ensured not only in practice, but also in law.

The Committee notes the Government's statement that the above-mentioned Committee has recommended the promulgation of legislation to cover this provision.

Article 5 (measures to ensure full application of this provision). The Committee notes the information supplied by the Government to the effect that under section 14 of Act No. 232 of 1989, the Central Directorate for Maritime Inspection of the Department of Ports and Lighthouses inspects every vessel in accordance with Order No. 143 of 1990. The Committee asks the Government to state which legal texts currently govern the above inspection: this provision too must be applied by law.

Article 14. The law must provide expressly, in addition to existing provisions, that separate hospital accommodation must be provided in any ship, including cargo ships, carrying a crew of 15 or more and engaged in a voyage of more than three days (paragraph 1). Under Order No. 143, certain provisions (sections 49, 50, 55, 56 and 58) apply only to vessels carrying at least 100, 300 or 1,500 people, as the case may be: the Convention does not provide for such restrictions.

Articles 6 to 15. The Committee noted previously that no legislation (except for Order No. 143 referred to in connection with Article 14 above) had been adopted to give effect to the provisions of the Convention (see Article 3 above).

In this connection the Committee notes the Government's indications concerning the work of the committee responsible for reviewing the legislation.

The Committee requests the Government in its next report to provide information on progress in the work of the above committee and to provide any legislation adopted that concerns the application of the present Convention.

In addition, the Committee once more asks the Government in its next report to provide extracts of official inspection reports, in accordance with point V of the report form.

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

The Committee notes the Government's reply to its previous comments and the contents of Title 4 (medical and health services on board Egyptian vessels and maritime units) of Order No. 143 of 1990 issued by the Minister of Transport, Communications and Maritime Transport to issue the regulations under certain provisions of Act No. 232 of 1989.

In particular, the Committee notes the Government's statement that a committee made up of representatives of the Ministry of Maritime Transport, the Ministry of Manpower and Training and the services concerned will soon be established to examine the provisions of Conventions in relation to national legislation, give better effect to the Conventions and avoid any comments on this subject. It hopes that the Government will supply all the required information concerning the work of this committee, taking into account the following points.

Part II of the Convention

Article 4. The Committee notes the Government's statement that in practice the procedures for the submission of plans to modify or rebuild existing vessels are the same as for the submission of plans to build new vessels. However, it draws the Government's attention to the fact that the application of this provision also has to be ensured at the legislative level, by virtue of Article 3, paragraph 1. The Committee requests the Government to indicate in its next report the measures taken or envisaged to give full effect to this Article of the Convention.

Article 5. The Committee notes the information provided by the Government that the Ports and Lighthouses Authority examines complaints made by seafarers to the competent authority, under section 14 of Act No. 232 of 1989, and takes the necessary measures to organize an inquiry on the subject, including a visit of the ship, and to require the elimination of the grounds of the complaint. Please indicate in the next report the measures taken or envisaged to give full effect to this Article of the Convention in law.

Part III of the Convention

Article 14. The Committee notes that Title 4 of Order No. 143 deals with requirements relating to the medical and health services on board passenger vessels which only partly correspond to the requirements of this provision of the Convention. The Committee notes that the above legal text does not explicitly provide that separate hospital accommodation should be provided in any ship, including any ship transporting merchandise, carrying a crew of 15 or more and engaged in a voyage of more than three days (paragraph 1). Furthermore, sections 49, 50, 55, 56 and 58 of the above Order only apply to ships transporting at least 100, 300 or 1,500 persons respectively. The Committee requests the Government to supply information in its next report on the measures taken or envisaged to give full effect to this provision of the Convention.

Furthermore, the Committee notes that no legislation has yet been adopted to give effect to Articles 6 to 15 of the Convention, with the exception of Order No. 143 in the case of Article 14 of the Convention. It hopes that the Government's next report will contain information on the measures taken or envisaged in this respect.

Part V of the report form

The Committee once again requests the Government to include in its next report extracts from official reports of the inspection services.

Finally, the Committee notes the statement by the Maritime Transport Holding Company with reference to the Merchant Shipping Code (No. 8 of 1990) concerning the accommodation of crews. It would be grateful if the Government would supply a copy of any provision of the Code which may facilitate the application of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has noted the Government's reply to its previous comments, and the contents of the Law No. 232 of 1989.

Part II of the Convention

Article 4. The Committee notes that section 4 of Law No. 232 now provides for the submission for the competent authority's approval of the plans of a new ship prior to construction. The Committee notes, however, that there is no such requirement in the said Law for submission of plans of alteration or reconstruction of existing ships. The Committee therefore requests the Government to indicate in its next report the measures taken or contemplated to give full effect to this Article of the Convention.

Article 5. The Committee has noted that section 14 of Law No. 232 of 1989 authorises the presentation of a complaint to the competent authority by the seafarers on board an Egyptian ship. The Committee requests the Government to provide information on measures taken or contemplated requiring the competent authority to inspect the ship after a complaint has been made, as required by clause (c) of this Article.

Part III

The Committee has noted the information provided by the Government in its last report on the working of inspection in compliance with Articles 4, 5 and 17 (points III and V of the report form). It requests the Government to include in its next report extracts from official reports and information on any practical difficulties in the application of the Convention.

The Committee regrets to note the provisions of Law No. 232 of 1989 do not appear to give effect to Articles 6 to 15 of the Convention as required, although section 12 of the Law authorises the Minister of Maritime Transport to regulate the establishment of a medical and sanitary service. The Committee hopes that the Government's next report will include information on the measures taken to implement section 12 of the Law, as well as all other measures taken or proposed to be taken to give full effect to Articles 6 to 15 of the Convention.

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

The Committee has noted the Government's reply to its previous comments, and the contents of Law No. 97 of 1960 concerning safety on board ship.

Part II of the Convention

Article 4. The Committee notes that Law No. 97 appears to contain no provision for the submission for the competent authority's approval of the plans of a ship or the crew accommodation before construction or alteration, as required by this Article. Please indicate any measures taken or contemplated to this effect.

Article 5. The Committee has noted with interest the provisions in sections 2, 4, 7, 8 and 10 of Law No. 97 relating to the inspections required under clauses (a) and (b) of this Article. Please indicate any measures taken or contemplated in relation to inspections after a complaint has been made, as provided for in clause (c).

Part III

The Committee has noted the Government's indication that regular inspections of crew accommodation are to take place in conformity with Article 17. Please include in the next report any available information on the working of inspection in compliance with Articles 4, 5 and 17 (Points III and V of the report form).

The Committee hopes that with its next report the Government will provide copies of the orders giving effect to Articles 6 to 15 of the Convention. [The Government is asked to report in detail for the period ending 30 June 1990.]