Solicitud directa (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre el trabajo en la pesca, 2007 (núm. 188) - Marruecos (Ratificación : 2013)

The Committee notes 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

The Committee notes the Government’s first report on the application of the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

General issues. Implementation measures. The Committee notes that, with regard to implementation measures, the Government mainly refers to the Code of Maritime Commerce of 1919, as amended, and to the Labour Code. The Committee notes that section 3 of the Labour Code provides that “the following categories of workers shall be governed by the provisions of the statutes applicable to them, the terms of which may in no case be less favourable than those of the Labour Code: … (2) seafarers … . The above categories shall be governed by the provisions of this Act for any matter not covered by the statutes applicable to them”. The Committee notes that fishers, within the meaning of the Convention, are governed by a specific statute, which is codified in the Code of Maritime Commerce. It notes, in particular, that the term “seafarer” covers fishers. The Committee notes that the Code of Maritime Commerce and the Labour Code have not been revised to take into account the requirements of the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to the Convention, taking into account the gaps identified below. It also requests the Government to provide statistics on the number of fishers and vessels, as well as on the size of those.

Article 5 and Annex III. Basis of measurement used. The Committee notes the Government’s indication that gross tonnage is the measurement still used in the laws and regulations in force. However, length (L) is used in recent Decree No. 2-17-556 of 8 December 2017 concerning diplomas and conditions for the exercise of the duties of skipper or officer on board maritime fishing ships. The Committee recalls that member States shall, for measurements giving effect to the Convention, use length (L) as the basis for measurement. The competent authority, after consultation, may decide to use length overall (LOA) in place of length (L) as the basis for measurement, in accordance with the equivalence set out in Annex I. Gross tonnage may not be used as a basis for measurement except for the implementation of Annex III and under the conditions specified. The Committee requests the Government to provide information on the efforts made to adapt its laws and regulations to the requirements of the Convention.

Article 8(1)–(4). Responsibilities of fishing vessel owners, skippers and fishers. The Committee notes that the Government refers to sections 140 et seq. of the Code of Maritime Commerce on the status and duties of the captain. The Committee notes that, while these provisions indicate the obligations borne by the captain with regard to the recruitment of the crew, the safe navigation of the ship and operations related to the transport of goods, they do not reflect the detailed requirements of Article 8 on the responsibilities of fishing vessel owners, skippers and fishers. The Committee requests the Government to indicate the measures that give full effect to this provision of the Convention.

Article 9(1) and (2). Minimum age. The Committee notes the Government’s indication that section 143 of the Labour Code provides that minors shall not be employed or admitted into enterprises or by employers before the age of 15. However, the Committee notes that section 166 of the Code of Maritime Commerce permits apprentice seafarers of less than 16 years of age to be present on board vessels, without prescribing a minimum age. The Committee recalls that the minimum age for work on board a fishing vessel is 16 years, but that the competent authority may authorize a minimum age of 15 for persons who are no longer subject to compulsory schooling as provided by national legislation and who are engaged in vocational training in fishing, or for the performance of light work during school holidays. The Committee requests the Government to specify the minimum age at which fishers are permitted to work on board fishing vessels.

Article 9(3), (4) and (5). Hazardous work. The Committee notes that sections 147 and 181 of the Labour Code prohibit the engagement of minors under 18 years of age in work that involves risks to their life, health or morals. Section 181 provides that the list of these activities shall be established by regulation. The Committee also notes that section 176 quinquies of the Code of Maritime Commerce prohibits the engagement of seafarers under 18 years of age, apprentice seafarers or junior seafarers to work in stokeholds or tanks. The Committee requests the Government to indicate whether other types of activities on fishing vessels other than work in stokeholds and tanks have been prohibited, through regulations, for persons of less than 18 years of age, after consultation.

Article 9(6). Work at night. The Committee notes that neither section 181 of the Labour Code, to which the Government refers, nor sections 172 et seq. of the Labour Code on the prohibition of work at night by minors under 16 years of age correspond to the requirements of Article 9(6), which prohibits work at night by fishers under the age of 18 and strictly limits the possible exemptions from this prohibition. The Committee requests the Government to adopt the necessary measures to give full effect to these requirements.

Articles 11–13. Medical examination. The Committee notes that section 167 bis of the Code of Maritime Commerce, as amended in 2010, provides that only persons who have been recognized as physically fit may exercise the profession of seafarer, with no possible exemptions. The Committee notes that Decree No. 2-17-788 of 22 October 2018 specifies the requirements concerning professionals authorized to assess the physical fitness of persons working on board ships. However, the Committee notes that the conditions and procedures for implementing this recognition of fitness still need to be established through additional regulations. The Committee requests the Government to adopt the necessary measures to give full effect to Articles 11–13.

Articles 13 and 14. Manning and hours of rest. The Committee notes the Government’s indications that section 38 bis of the Code of Maritime Commerce provides that the manning levels of all Moroccan ships must be such that the crew is sufficient in numbers and qualifications to ensure safety at sea. However, the Committee notes that the Government has not provided information on the regular periods of rest of sufficient length granted to fishers to ensure safety and health. The Committee notes that section 176 ter of the Code of Maritime Commerce provides that the duration and organization of work on board fishing vessels shall be regulated, if necessary, by ministerial decrees. The Committee recalls that laws, regulations or other measures shall be adopted to guarantee that owners of fishing vessels ensure that fishers are given regular periods of rest of sufficient length to ensure safety and health (Article 13(b)). The Committee also recalls that, under Article 14(b), on fishing vessels regardless of size remaining at sea for more than three days, the minimum hours of rest shall not be less than ten hours in any 24-hour period and 77 hours in any seven-day period. The Committee requests the Government to indicate whether the ministerial decrees have been adopted or are envisaged to give effect to Articles 13(b) and 14(b). The Committee notes the Government’s indication that the skipper is fully entitled to require that the hours of rest be suspended to ensure the safety of the vessel, the catch and the seafarers. The Government indicates that this suspension may be compensated. In this regard, the Committee recalls that the Convention provides that, as soon as practicable after the normal situation has been restored, the skipper shall ensure that any fishers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee requests the Government to explain the manner in which it is ensured that compensatory periods of rest are effectively provided to fishers under the conditions set out in Article 14(4).

Articles 16, 19 and 20; Annex II. Fisher’s work agreement. Conclusion and minimum particulars to be included. The Committee notes the Government’s indication that sections 165–72 bis of the Code of Maritime Commerce regulate the conclusion of seafarers’ employment agreements. However, the Committee notes that, although section 165 contains a definition of the seafarers’ employment agreement, it does not specifically provide that fishers working on board a fishing vessel shall be protected by a work agreement under the conditions set out in Articles 16(a), 19 and 20 of the Convention. The Committee notes that sections 168 and 169, setting out the seafarers’ employment agreement, also apply to fishers. However, the Committee notes that some of the particulars required under Annex II of the Convention are not included. The Committee therefore requests the Government to indicate whether the above provisions are applied to the fishers’ employment agreement. If so, the Committee requests the Government to adopt the necessary measures to ensure that the content of the fishers’ employment agreement is in conformity with the requirements of Annex II of the Convention.

Article 17. Fisher’s work agreement. Examination of the terms, records of service and settlement of disputes. The Committee notes the Government’s indication that the fishing vessel owner and the seafarer must acknowledge that they have taken full note of all the provisions of the seafarers’ employment agreement. It also notes that shipowners, or their representatives, are required to provide the seafarer with a copy of the contract and any addendums thereto, immediately following their approval by the competent authority, represented by the Maritime Fishing Delegate. The Committee recalls that the Convention provides that fishers shall have the opportunity to review and seek advice on the terms of their work agreements before they are concluded (Article 17(a)). The Committee requests the Government to indicate the measures that give effect to this requirement of the Convention. The Committee notes that the Government has not provided information on the maintenance of records concerning the fisher’s work and the means of settling disputes in connection with the work agreement (Article 17(b) and (c)). The Committee requests the Government to indicate the measures that give effect to these requirements of the Convention.

Article 21(1) and (3). Repatriation. Circumstances. The Committee notes that the Government refers to sections 189–194 of the Code of Maritime Commerce, which deal with only the repatriation of seafarers who are sick, injured or released at the end of their contract. The Committee recalls that the circumstances in which the fisher has the right to repatriation, as specified in Article 21(1) of the Convention, are not limited to these cases. The following cases are also covered: when the fisher’s work agreement has expired or has been terminated for justified reasons by the fisher or by the fishing vessel owner; and when the fisher is no longer able to carry out the duties required under the work agreement or cannot be expected to carry them out in the specific circumstances. The Committee also recalls that Members shall prescribe, by means of laws, regulations or other measures, the precise circumstances entitling fishers to repatriation, the maximum duration of service periods on board following which a fisher is entitled to repatriation and the destinations to which fishers may be repatriated (Article 21(3)). The Committee therefore requests the Government to adopt measures giving full effect to Article 21(1) and (3).

Article 21(2) and (4). Repatriation. Payment of costs. The Committee notes that section 193 of the Code of Maritime Commerce provides that a seafarer put ashore by reason of injury or illness, or a seafarer who is abandoned at the end of their contract, in a location other than a Moroccan port, shall be repatriated at the ship’s expense. Section 194 provides that the costs of repatriation shall not be borne by the shipowner in the case of seafarers put ashore either due to a dismissal on legitimate grounds, at the initiative of the maritime authority, to serve a penalty, or due to an illness or injury the costs of which are not borne by the shipowner. In the event of termination by mutual agreement, the cost of repatriation shall be borne by the party specified by the agreement. The Committee recalls that Article 21(2) provides that the cost of repatriation shall be borne by the fishing vessel owner, except where the fisher has been found, in accordance with national laws, regulations or other measures, to be in serious default of his or her work agreement obligations. The Committee requests the Government to amend the Code of Maritime Commerce in order to ensure that only fishers in serious default of their work agreement obligations shall bear the cost of their repatriation. The Committee also requests the Government to provide information on the provisions of national laws, regulations or other applicable measures that specify the procedure to be followed and the applicable standard of proof for a seafarer to be “found to be in serious default of his or her employment obligations”.

Article 22. Recruitment and placement of fishers. Public and private recruitment and placement services. The Committee notes that section 166 bis of the Code of Maritime Commerce provides that no placement service for the recruitment of a seafarer may give rise to any payment whatsoever from the seafarer. The Committee also notes that Morocco has ratified the Private Employment Agencies Convention, 1997 (No. 181), and that sections 745 et seq. of the Labour Code address mediation for recruitment and employment. Noting that the Government’s report does not contain information on the implementation of Article 22 of the Convention, the Committee requests the Government to indicate whether any private services providing recruitment and placement for fishers are operating in Morocco. If so, the Committee requests the Government to provide information on the system of licensing, certification or any other form of regulation applicable to the work of private recruitment and placement services for fishers. When these services recruit fishers with the aim of making them available to a fishing vessel owner, the Committee requests the Government to explain the manner in which the respective responsibilities of these private employment agencies and of the fishing vessel owners concerned have been determined and allocated, in conformity with Article 12 of Convention No. 181.

Article 23. Payment of fishers. Monthly payment or regular payment. The Committee notes the Government’s indication that maritime fishers working on board fishing vessels of 24 metres in length and over receive their wages by monthly bank transfer. However, the Committee notes that section 182 bis of the Code of Maritime Commerce provides that the payment of wages shall be made when the ship arrives in port or completes its voyage. The Committee recalls that Article 23 of the Convention provides that each Member, after consultation, shall adopt laws, regulations or other measures providing that fishers who are paid a wage are ensured a monthly or other regular payment. The Committee requests the Government to indicate the legislation or other measures adopted to give full effect to Article 23 of the Convention.

Article 24. Payment of fishers. Transmission of wages to families. The Committee notes the Government’s indication that section 184 quater of the Code of Maritime Commerce provides that seafarers may, when they are recruited, elect to transmit part of their earnings to their legal or de facto dependant or dependants. They may also request the payment of part of their earnings temporarily, in their absence, to an account in their name at regular intervals of a minimum of one month. The Committee requests the Government to indicate the measures that ensure that the transmission of wages is at no cost to fishers or their families.

Articles 25–28; Annex III. Accommodation and food. The Committee notes that sections 33 ter and 188 ter of the Code of Maritime Commerce, to which the Government refers, provide that the applicable rules regarding accommodation and food on fishing vessels shall be fixed by regulatory measures. However, the Committee notes that the Government has not provided information on the measures adopted to this effect. The Committee requests the Government to indicate the measures that guarantee to fishers conditions of accommodation and food in accordance with those required by the Convention, distinguishing, in respect of accommodation, between the measures applicable to existing fishing vessels and new fishing vessels within the meaning of Annex III(1).

Articles 29 and 30. Medical care. The Committee notes the Government’s indication regarding the training in first-aid and medical care provided by the seafarers’ health offices established in the main ports of Morocco. The Committee requests the Government to indicate if these offices are in a position to provide medical advice by radio or satellite (Articles 29(d) and 30(d)). The Committee notes that the Code of Maritime Commerce does not address the subject of medical equipment and medical supplies on board (Articles 29(a) and (c) and 30). The Committee requests the Government to indicate the measures giving full effect to the requirements of Articles 29(a), (c) and (e) and 30(a) to (c)of the Convention.

Articles 31–33. Occupational safety and health and accident prevention. The Committee notes that the Government refers to Act No. 18-12 of 29 December 2014 on employment injury compensation with regard to the reporting and investigation of accidents on board fishing vessels flying its flag (Article 31(d)). However, the Committee notes that the Government has not provided any information on the manner in which effect is given to the other requirements of Articles 31–33 of the Convention. The Committee requests the Government to provide information on the measures adopted at the national level to give effect to the occupational safety and health and accident prevention requirements specified in Articles 31 and 32, and to indicate the measures specifically applicable to fishing vessels of 24 metres in length and over normally remaining at sea for more than three days and, after consultation, to other vessels, taking into account the number of fishers on board, the area of operation and the duration of the voyage. The Committee requests the Government to indicate the measures that give effect to Article 33 concerning risk evaluation on board fishing vessels, and to explain the manner in which fishers or their representatives participate in this preventive action.

Articles 34–37. Social security. The Committee notes the Government’s indication that maritime fishers working on board fishing vessels of 24 metres in length and over receive social and medical benefits identical to those of workers in the other sectors. Maritime fishers paid on the basis of a share of the catch and working on board fishing vessels of less than 24 metres in length (coastal and small-scale fishing) receive medical and social benefits in accordance with the regulations in force. The Committee also notes the Government’s indication that social and medical coverage has been extended to all maritime fishers, but that it has not indicated the laws and regulations adopted to this effect. The Committee recalls that all fishers ordinarily resident in the national territory, and their dependants to the extent provided in national law, shall be entitled to benefit from social security protection under conditions no less favourable than those applicable to other workers, including employed and self-employed persons, ordinarily resident in the national territory (Article 34). The Committee notes that the information provided by the Government appears to concern only fishers working on vessels flying the Moroccan flag. The Committee requests the Government to provide the laws and regulatory measures that give effect to Article 34 of the Convention, and to indicate whether or not fishers who are ordinarily resident in Morocco but who are not of Moroccan nationality and/or who do not work on fishing vessels flying the Moroccan flag benefit from this protection. The Committee requests the Government to indicate the branches of social security for which coverage is currently available and whether steps are being taken to progressively achieve comprehensive social security protection for all fishers, including those ordinarily resident in its territory (Article 35).

Articles 38 and 39. Protection in the case of work-related sickness, injury or death. The Committee notes that the Government refers to sections 189 to 194 of the Code of Maritime Commerce. The Committee also notes that section 189 of the Code of Maritime Commerce provides that seafarers shall receive care at the expense of the ship if they are injured in the service of the ship or if they fall ill during their time at sea. However, section 190 ter provides that section 189 shall not apply to vessel owners who only operate boats fitted out for coastal navigation that have a gross tonnage of under 25 tonnes, nor to vessel owners who only operate boats fitted out for small-scale fishing. These vessel owners are only subject, with regard to the seafarers employed by them, to the obligations established by the legislation respecting the responsibility of employers in respect of in the area of occupational accidents. The Committee requests the Government to specify the protection afforded to seafarers working for vessel owners who only operate boats fitted out for small-scale fishing, in the event of injury caused by employment accident or of occupational disease.

Articles 41 and 42. Compliance and enforcement. Responsibilities of the flag State. Valid documentation and inspections. The Committee notes that the Government refers to sections 36 to 36 quater of the Code of Maritime Commerce, which provide for a system for the inspection of vessels by the flag State (entry into service inspection, annual inspection and inspection following a complaint by members of the crew). The Committee notes that section 37 bis permits the authority to recognize certain certificates to be delegated to classification societies. The Committee notes that these provisions appear mainly to concern the commercial shipping sector, including the issues related to ship safety and navigability. The Committee requests the Government to provide detailed explanations of the manner in which sections 36 to 37 bis of the Maritime Code of Commerce are implemented with regard to fishing vessels, and to provide statistics on the inspections carried out and the deficiencies reported in the areas of working and living conditions. The Committee notes that the Government has not provided any information on the issuing of valid documents (Article 41). The Committee requests the Government to indicate the measures giving effect to this requirement of the Convention, and to provide a specimen copy of a valid document issued by the competent authority.

Articles 43(1) and (4). Compliance and enforcement. Complaints and inquiries. The Committee notes that the Government has not provided information on the manner in which complaints it receives regarding cases of reported non-compliance involving vessels flying the Moroccan flag are handled. The Committee requests the Government to indicate the measures taken to ensure that the complaints it receives are handled in conformity with Article 43 of the Convention.