Observación (CEACR) - Adopción: 1996, Publicación: 85ª reunión CIT (1997)

Convenio sobre los certificados de capacidad de los oficiales, 1936 (núm. 53) - Argentina (Ratificación : 1955)

The Committee notes the information supplied by the Government in its report. It also notes the observations submitted by the Union of United Maritime Workers (SOMU) of 20 August 1996. In earlier comments, the Committee referred to the new regulations on training and qualification for seafarers in the merchant navy (REFOCAPEMM, sections 1.06 to 1.10) and to section 2 of Act 17.371 and considered that in the light of the information supplied by the Government, and the provisions of the national legislation, Articles 3 and 4 of the Convention are applied, at least in law. It noted, however, that according to the allegations of the SOMU and the indications supplied by the Worker member of Argentina at the 82nd Session of the Conference, the provisions regarding recognition of competency certificates for foreign seafarers were not complied with as such certificates were given recognition too easily or issued by private bodies. The Committee requested the Government to supply further information so that it can better understand the situation. It also requested it to supply further information on the results of meetings which were to be held in the Tripartite Consultative Committee.

The Committee notes the information supplied by the Government in its report to the effect that the Argentine naval prefecture has sole authority to issue embarkation certificates ("cédulas de embarco"). Granting of such a certificate by another authority or a private enterprise would constitute a violation of national legislation. The Committee requests the Government to supply information on how application in practice of the legislation regarding recognition of competency certificates and embarkation certificates is ensured. With respect to the consultations held in the Tripartite Consultative Committee, the Committee refers to its comments on the application of Convention No. 22.