Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Brasil

Convenio sobre los certificados de competencia de pescadores, 1966 (núm. 125) (Ratificación : 1970)
Convenio sobre el alojamiento de la tripulación (pescadores), 1966 (núm. 126) (Ratificación : 1994)

The Committee notes the Government’s reports. In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on fishing, the Committee considers it appropriate to examine these Conventions in a single comment.

Fishermen ’ s Competency Certificates Convention, 1966 (No. 125)

Article 5(2) of the Convention. Obligation to carry a certificated mate. The Committee notes the Government’s indication, in reply to its comments, that the need to include a mate in the crew of vessels of over 100 and under 500 gross tonnage can be verified in the expert report on issuing safety crew cards (CTS) (Annex 1-B to NORMAM-201), when various factors related to operational characteristics must be taken into consideration. The relevance of including an annex to NORMAM-201 specifically to establish safety crews for fishing vessels will be assessed. The Committee requests the Government to adopt the necessary measures to ensure full conformity with this provision.

Article 7. Minimum experience required – mate’s certificate of competency. The Committee notes the Government’s indication, in reply to its comment on this point, that meetings will be held to define the minimum time required for waterway operators to acquire the minimum experience for obtaining a certificate. The Committee requests the Government to adopt the necessary measures to ensure full conformity with Article 7.

Article 9. Minimum experience required – engineer’s certificate of competency. The Committee notes the Government’s indication, in reply to its comment on NORMAM-13, that provisions will be established regarding the minimum length of service in order to bring the national legislation into conformity with the Convention. The Committee requests the Government to adopt the necessary measures to ensure full conformity with Article 9.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Articles 6(16), 9, 10(12), (24) and (25), 12(8), and 16(4). Crew accommodation requirements. The Committee notes that although the majority of Brazilian vessels are excluded from the scope of the Convention, the Government will discuss with employers’ and workers’ representatives the viability of including them in the next revision of Annex I to NR-30. The Committee notes the Government’s reference to the accommodation requirements for vessels laid down in NORMAM-201, Annex 3-L, and NORMAM-202, Annex 3-M, which refer to elements including dimensions of crew cabins, washrooms, ventilation and lighting. The Government also indicates that: (i) the inspection of vessels to ensure compliance with these requirements is the responsibility of the Maritime Authority in its inspection and naval certification activities for the purpose of verifying aspects relating to the safety of navigation and the safeguarding of human life; and (ii) the requirements relating to crew comfort and well-being established in NR-30 are the responsibility of the Ministry of Labour and Employment, which has its own inspection system. With reference to its previous comments, the Committee requests the Government to adopt the necessary measures to ensure full compliance with the following provisions of the Convention for vessels coming within its scope: Article 6(16) (measures to protect crew accommodation against the admission of flies and other insects); Article 9(1), (2), (3) and (5) (adequate lighting in all crew spaces); Article 10(24) (sleeping rooms to be fitted with curtains for sidelights); and Article 12(8)(b) (bulkheads to be watertight up to a certain height) and (d) (water closets to be situated convenient to, but separate from, sleeping rooms and washrooms).