Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Convenio sobre la marina mercante (normas mínimas), 1976 (núm. 147) - Letonia (Ratificación : 1998)

Article 2(a)(i) of the Convention. Safety standards. Prevention of accidents. The Committee notes that, under section 28(2) of the Maritime Administration and Marine Safety Act of 31 October 2002, the master of a ship is liable for compliance with labour protection and safety requirements and has to assign a member of the crew to be responsible for the safety of individual operations of the ship. It also notes that, under section 11(3) of the same Act, the Minister for Transport will determine procedures for the implementation of the safety requirements for ships in relation to, among others, the construction of the ship, its systems and equipment including navigation, engine room and deck, fire safety, loading and stowing of the cargo. The Committee requests the Government to indicate any provisions in national laws or regulations, codes of practice or other appropriate means, which specify measures for the prevention of accidents with respect to: (i) structural features of the ship; (ii) machinery; (iii) special safety measures on and below deck; (iv) fire prevention and firefighting; (v) anchors, chains and lines; (vi) dangerous cargo and ballast; and (vii) personal protective equipment for seafarers, as required by Article 4 of the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134).

In addition, the Committee requests the Government to specify whether any of the Ministerial Orders referred to in section 11(3) of the Maritime Administration and Marine Safety Act have so far been issued and, if so, to transmit a copy to the Office.

Article 2(a)(ii). Social security measures. The Committee asks the Government to indicate which of the three Conventions, e.g. the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130), it intends to apply for the purposes of substantial equivalence and to indicate the corresponding provisions of national laws or regulations which would be applicable in each case.

Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. The Committee notes that sections 288–290 of the Maritime Code set out the conditions for concluding or terminating a seafarer’s employment contract as well as the particulars to be included in the contract. The Committee requests the Government to indicate how substantial equivalence is ensured with Article 5 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22), which provides for a seafarer’s employment record, the form of which, the particulars to be recorded and the manner in which such particulars are to be entered should be determined by national law.

Article 2(a)(iii). Shipboard living arrangements. Food and catering. The Committee requests the Government to indicate the national laws or regulations laying down standards in relation to the food supply and catering arrangements on board ships that are substantially equivalent to the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), and to transmit copies of any texts, not previously communicated, to the Office.

Article 2(d). Complaints arising in connection with the engagement of seafarers. The Committee notes that, under section 4 of Regulation No. 278 of 26 April 2005 on the placement of persons on board ships, the Latvian Maritime Administration is responsible for monitoring placement services and carrying out inquiries on issues related to the recruitment of seafarers. The Committee requests the Government to provide additional explanations on the procedures for the handling of complaints and to clarify whether such procedures also cover seafarers, whether of Latvian or foreign nationality, engaged in Latvia on ships registered in a foreign country.

Article 2(e). Seafarers’ vocational training. The Committee notes that section 6(10) of the Maritime Administration and Marine Safety Act provides that the Navigation and Hydrography Institution reviews and evaluates the vocational training programmes for seafarers. The Committee requests the Government to provide more detailed information on the legislative or regulatory framework for designing and administering training schemes, the organization of training institutions and facilities, and existing training curricula, especially as regards courses in accident prevention, lifesaving and firefighting, catering, management techniques, transportation economics or social and labour legislation related to merchant ship operations.

Part IV of the report form. Practical application. The Committee notes the statistical information provided in the Government’s report. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention including, e.g. the number of seafarers covered by the relevant legislation, statistics on flag State and port State inspections, the number and nature of any complaints considered and the action taken, copies of any standardized inspection checklist or inspection report form and copies of official publications, such as activity reports of the Latvian Maritime Administration.

Finally, the Committee wishes to recall that Convention No. 147, together with 67 other international maritime labour instruments, has been revised by the Maritime Labour Convention, 2006 (MLC, 2006). It also recalls that the notion of substantial equivalence has been incorporated and further defined in Article VI(3) and (4) of the MLC, 2006, and therefore ensuring compliance with Convention No. 147 would facilitate the implementation of the provisions of the MLC, 2006. Noting that Latvia has committed to examining the possibility of ratifying the MLC, 2006, especially in light of the 2007 EU Council decision authorizing Member States to ratify it, the Committee requests the Government to keep the Office informed of any decision taken or envisaged with respect to the ratification and implementation of the MLC, 2006.