Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Labour Inspection (Seafarers) Convention, 1996 (No. 178) - Norway (Ratification: 1999)

The Committee takes note of the Government’s report as well as of the observation made by the Norwegian Seafarers’ Union. It notes with interest that the reports on inspection activities are now published in the annual report for the Norwegian Maritime Directorate, to give effect to Article 8, paragraph 2, of the Convention. The Committee also notes the Government’s response to its previous comments concerning Article 1, paragraphs 3 and 7(c); Article 2, paragraph 2; Article 4; Article 5, paragraph 1; Article 6, paragraph 2; and Article 7, paragraph 1.

The Committee draws the Government’s attention to the following remaining points.

Article 2, paragraph 2. Inspection of seafarers’ working and living conditions. In its first report on the application of the Convention, the Government refers to guidelines that the Norwegian Maritime Directorate has issued to implement this provision of the Convention, concerning for example, minimum age, medical records, seafarers’ employment and food and catering. The Committee requests the Government to provide copies of these guidelines.

Article 3, paragraph 1. Periodic inspections of seafarers’ working and living conditions. With reference to the Committee’s previous request to specify the items covered by periodic inspections, the Government states that there is no specific system determining which of the subjects listed in Article 1, paragraph 7(e), will be covered by intermediate surveys. The Committee asks the Government to clarify whether the intermediate surveys referred to by the Government cover all seafarers’ working and living conditions as defined in the Convention.

Article 5, paragraph 2; Article 6, paragraph 1. Powers of inspectors. To indicate the specific provisions of national laws or regulations laying down the powers of inspectors, the Government refers to the Seaworthiness Act and its Regulations. Section 12 of the Act authorizes inspectors to board and inspect Norwegian ships. Sections 24 and 27 concern detention of ships and injunctions which must be complied with, but only in cases which are due to technical aspects of the seaworthiness of ships as defined in section 2. The Committee requests the Government to specify the particular provisions in national laws or regulations ensuring that inspectors may require, when they find deficiencies in the working and living conditions of seafarers, that such deficiencies be remedied (Article 5, paragraph 2(c)) and that, as a last resort, ships may be prohibited from leaving port (Article 5, paragraph 2(d)).

Article 8, paragraph 1; Article 9, paragraph 1; Part V of the report form. Records and reports of inspections. The Government indicates that the inspection of working and living conditions is integrated in the ordinary inspection routine that includes all aspects of the ship. The Norwegian Seafarers’ Union asserts that Norway, despite its participation in the Paris MoU “Concentrated inspection campaign on seafarers’ working and living conditions” in 2004, is still unable to keep statistics or records in accordance with Part IV of the Convention. Since the inspection of seafarers’ working and living conditions was as important as the technical inspection of a ship, the union recommends that the Norwegian Maritime Directorate be allocated adequate funds and properly trained inspectors to inspect working and living conditions, maintain records and make available reports to the seafarers and/or their representatives. The Committee asks the Government to indicate by what means it is ensured: (i) that the central coordinating authority maintains records of inspections of seafarers’ working and living conditions; and (ii) that one copy of the inspection report in English or in the working language of the ship is furnished to the master, and another copy is posted on the ship’s notice board for the information of the seafarers or sent to their representatives. Please also provide the reports on inspection activities which are published in the annual report for the Norwegian Maritime Directorate.

Furthermore, please supply copies of the Seaworthiness Act, as last amended, and of the Regulations issued thereunder that are relevant to the application of this Convention.