Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) - Liberia (Ratification: 1981)

The Committee notes that the Government’s report has not been received. Recalling also information provided by the Government in previous reports on Convention No. 147, as well as the Government’s statements in previous reports on Conventions Nos. 22, 53, 55, 58 and 92 that the Committee’s comments have been referred to the Bureau of Maritime Affairs for review, the Committee requests the Government to provide a detailed report on the application of each of the Articles of the Convention in accordance with the report form adopted by the Governing Body.

1.  The Government is requested in particular to provide information on the application of Article 2(f) of the Convention under which each Member which ratifies Convention No. 147 undertakes to verify by inspection or other appropriate means that ships registered in its territory comply with applicable international labour Conventions in force which it has ratified, with the laws and regulations required by subparagraph (a) of this Article and, as may be appropriate under national law, with applicable collective agreements.

In this regard the Government is asked to indicate specific provisions of the national legislation laying down the powers of the competent authority to inspect ships registered in Liberia from the point of view of their compliance with the various standards mentioned in this subparagraph, i.e. for Liberia ratified Conventions, in particular, Nos. 22, 23, 53, 55, 58, 87, 92, 98 and 108 and laws and regulations required under Article 2(a) of this Convention (including those ensuring substantial equivalence to Convention No. 73, Article 5 of Convention No. 68 and Articles 4 and 7 of Convention No. 134). The Government has previously referred to mandatory annual safety inspections and to inspections carried out by Liberian nautical inspectors and to inspections by the same inspectors following notification by classification societies or port state representatives. The Committee requests the Government to provide full particulars on the specific findings by inspectors over the last five years in relation to the application of this subparagraph. Please indicate specific remedial action taken in this regard as well as the current size of the inspection staff.

2.  In its previous comments the Committee asked the Government to indicate by what provision seagoing tugs and other seagoing ships employed for commercial purposes other than trade are covered in accordance with the Convention. The Committee notes the Government’s indication that currently there are no seagoing tugs under the Liberian flag nor are there seagoing vessels engaged in other commercial purposes contemplated by Article 1 of the Convention, but an appropriate legislation would be considered in the event that such ships are to become registered in Liberia. The Committee asks the Government to report whether any such ships in fact have been registered and, if so, whether the respective changes have been made in the legislation (Article 1, paragraphs 1 and 3).

3.  Article 2(a) (Conventions listed in the appendix to Convention No. 147, but not ratified by Liberia).

Convention No. 73.  The Committee notes that in accordance with section 10.325(2) of the Liberian Maritime Regulations (RLM-108), each person employed on board a Liberian vessel shall be in possession of a physical examination certificate in the official form required by Liberia, or another State party to the International Convention Concerning the Medical Examination of Seafarers, and attesting the holder’s medical fitness for duty. The Committee asks the Government to clarify whether this provision is applicable to all ships registered in Liberia regardless of their tonnage or only to ships of 1,600 net tons or over.

Convention No. 134 (Articles 4 and 7).  The Committee notes that in accordance with section 10.296(7) of the Liberian Maritime Regulations (RLM-108), the Master of every Liberian vessel shall appoint from amongst the crew a suitable person or a committee responsible for accident prevention, and such person or committee shall in addition to any other duties assigned by the Master ensure that any conditions aboard the vessel not in substantial compliance with the applicable provisions of the accident prevention code or codes currently approved by the Administration are brought to the prompt attention of the Master. The Committee asks the Government to indicate the specific provisions of the national laws or regulations dealing with the nine general and specific subjects listed in Article 4(3) of Convention No. 134 and to provide copies.

Convention No. 68 (Article 5).  Please indicate the specific provisions of the national laws or regulations requiring the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to the members of the crew.

4.  The Committee asks the Government to indicate whether under the collective agreements between shipowners or their organizations and seafarers’ organizations the seafarers’ organizations have the right to exercise control over any shipboard conditions of employment and living arrangements and, if so, what is the criteria for delimitation between the governmental control (exercised by Liberian Nautical Inspectors) and non-governmental control established by the respective collective agreements. The Committee also asks the Government to supply a copy of any such collective agreement (Article 2(c) of the Convention).

5.  Please indicate what authority exercises overall supervision over the procedures for the engagement of seafarers on Liberian ships and those for the investigation of complaints as to such engagement and whether  any tripartite consultations have taken place on this subject (Article 2(d) of the Convention).

6.  In its previous comments the Committee asked the Government to indicate how it is ensured that an official inquiry into a serious marine casualty always takes place, as required by the Convention, when incidents involving Liberian ships cause injury or loss of life. The Committee notes that under section 9.258 of the Liberian Maritime Regulations (RLM-108), the Commissioner or any Deputy Commissioner of Maritime Affairs, upon receipt of information of a marine casualty or offence, may institute such investigation as may be necessary to determine as closely as possible the cause or any contributing causes of the casualty or circumstances of the offence, and whether there has been any act of misconduct, inattention to duty, or negligence upon the part of any licensed or certificated person, or violation of law or regulation, so that appropriate action may be taken (emphasis added). Taking into consideration that the term "may" is used to define the authority of Commissioner and Deputy Commissioners of Maritime Affairs in respect of initiating an investigation, the Committee asks the Government to clarify whether these officials have an affirmative duty to institute an investigation upon receipt of the appropriate information, or such investigation would be discretionary and not mandatory (Article 2(g) of the Convention).

7.  Please describe the measures taken to give effect to Article 3 of the Convention.

8.  Please indicate the specific provisions of the national legislation (if any) laying down the powers of the competent authority to inspect foreign ships calling in the ports of Liberia from the point of view of their conformity to the standards of Convention No. 147, give information on the functioning of these measures (such as the number and nature of cases considered and the nature of any action taken), and describe the procedure for notification of the maritime, consular or diplomatic representative of the flag State of a ship which does not conform to the standards of this Convention (Article 4 of the Convention).

[The Government is asked to report in detail in 2001.]