Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Convenio sobre la marina mercante (normas mínimas), 1976 (núm. 147) - Liberia (Ratificación : 1981)

The Committee notes with interest that, on 7 June 2006, Liberia ratified the Maritime Labour Convention, 2006 (MLC, 2006). The entry into force for Liberia of the MLC, 2006, will result in the denunciation of, inter alia, the present Convention. Pending the entry into force of the MLC, 2006, however, the Committee will continue to examine the conformity of national legislation with the relevant requirements of the present Convention.

Article 2(a)(i) of the Convention. Safety standards. Medical examination. The Committee notes that under section 51 of the Liberian Maritime Law, this law only applies to vessels above 500 net tons while section 10.325(2) of the Liberian Maritime Regulations (RLM-108) limits the coverage of the Regulations to persons employed on board vessels above 1,600 net tons. The Committee recalls, however, that Convention No. 147 and the MLC, 2006, apply to all seagoing vessels. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that national laws and regulations substantially equivalent with the provisions of the Medical Examination (Seafarers) Convention, 1946 (No. 73), apply to all seagoing vessels, irrespective of their tonnage.

Article 2(a)(i). Safety standards. Prevention of accidents. The Committee notes that section 10.296(5), (6) of the RLM-108 covers only partially the specific subjects referred to in Article 4 of the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). The Committee recalls that the subjects to be covered by national laws and regulations on health and safety protection and accident prevention have been substantially expanded and further elaborated in Standard A4.3(1) and Guideline B4.3.1(2) of the MLC, 2006, and requests the Government to indicate how substantial equivalence is ensured with the requirements of Article 4(3) of Convention No. 134.

Article 2(a)(iii). Shipboard living arrangements. Food and catering. The Committee notes the Government’s reference to Maritime Regulation 2.35 and to draft Maritime Notice Publication RLM-118. Drawing the Government’s attention to Standard A3.2(1),(2) of the MLC, 2006, the Committee once again requests the Government to indicate how substantial equivalence is ensured with Article 5(2) of the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), which requires the arrangement and equipment of the catering department in every vessel to be in such manner as to permit the service of proper meals to the members of the crew.

Article 2(f). Flag State inspections. The Committee notes the Government’s reference to sections 190–191 of the Liberian Maritime Law, which lay down the mandatory annual safety inspections and inspections carried out by Liberian nautical inspectors and to inspections by the same inspectors following notification by classification societies or port State representatives. The Government indicates that, in December 2009, Liberia had 340 Liberian nautical inspectors and auditors at its disposal around the world. In the period 2004–09, 36 detentions have been ordered and 185 follow-ups on safety-related serious deficiencies have been conducted. The Committee draws the Government’s attention to the requirements of Regulation 5.1.1(2) of the MLC, 2006, and once more requests the Government to indicate how it is ensured in national law and practice that Liberian-registered vessels are inspected to ensure compliance with the requirements of ratified Conventions Nos 22, 23, 53, 55, 58, 87, 92, 98 and 108.

Article 4. Port State control. The Committee requests the Government to indicate the national laws or regulations providing for inspection of a foreign ship calling in a Liberian port when a complaint is received or evidence is obtained that the ship does not conform to the standards of this Convention, as prescribed by this Article of the Convention and also provided for in Standard A5.2.1 of the MLC, 2006. In this respect, the Committee wishes to recall the adoption by an ILO tripartite experts’ meeting in September 2008 of the Guidelines for flag State inspections and the Guidelines for port State control officers, as an essential aspect for ensuring widespread harmonized implementation of the MLC, 2006.