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

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Senegal (Ratificación : 2019)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the Government has not submitted a declaration of acceptance of the amendments to the Code approved in 2018 by the International Labour Conference and is not therefore bound by these amendments. The Committee also notes that the amendments to the Code approved by the International Labour Conference in 2022 will enter into force for Senegal on 23 December 2024.

Impact of the COVID-19 pandemic. In reply to its previous comment, the Committee notes the information provided by the Government reporting the measures adopted in the context of the COVID-19 pandemic in accordance with Circular No. 028/MPEM/ANAM/DG/sp of 19 March 2020. The Committee takes note of this information.

Article I of the Convention. General questions on application. Implementing measures. In its previous comment, the Committee noted that the MLC, 2006, is mainly implemented through the 2002 Merchant Shipping code (CMM) and its implementing Decree. The Committee previously emphasized that these measures do not guarantee the level of protection required by the Convention for the seafarers and ships to which it applies. The Committee also noted that a draft revision was being undertaken of the CMM with a view to taking into account certain requirements of the Convention. The Committee notes that this draft text has not been adopted and that the Government has not responded to the Committee’s request to provide all of the legislative and regulatory measures and collective agreements adopted or that are under preparation which are relevant to assessing the implementation of the Convention. The Committee notes the Government’s indication that, with a view to giving effect to the Convention, a joint mixed commission has been established with a view to the conclusion of a new collective agreement for the merchant navy establishing the terms and conditions of employment of mariners and seafarers on board ships and offshore units engaged in offshore oil and gas activities in Senegal. The Committee requests the Government to adopt without further delay the necessary measures to give full effect to the provisions of the Convention, taking into account the points raised below, and to provide copies of the relevant texts once they have been adopted. The Committee notes that the Government has requested assistance from the Office for the application of the Convention in law and practice. The Committee hopes that the Office will provide the necessary technical assistance and requests the Government to indicate the progress achieved in this regard.

Article I. General questions of application. Principal documents. Noting that the Government has not provided the documents and additional information required by the report form, and particularly, as required by Standard A5.1.3, paragraph 12, a completed copy of the Maritime Labour Certificate and Part I of the Declaration of Maritime Labour Compliance (DMLC), as well as an example or examples of Part II of the DMLC which have been prepared by a shipowner and have been accepted by the competent authorities, the Committee requests the Government to provide them with its next report.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that, in reply to its previous comment on the definitions of the terms “mariner” and “seafarer”, the Government indicates that, within the meaning of section 288 of the CMM, the status of “mariner” or “seafarer” is acquired by obtaining the maritime registration number. The master is also covered by the first section of Chapter 3, entitled “General provisions”. The Committee notes the Government’s indication that only “artisanal mariner” fishers are excluded from the application of the CMM. The Committee takes note of this information.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. Noting that the Government has not replied on this point, the Committee reiterates its previous request for the provision of detailed statistics on the number of ships registered in Senegal to which the MLC, 2006, applies, drawing a distinction between those with a gross tonnage of: (1) over 3,000 tonnes; (2) under 3,000 tonnes and over or equal to 500 tonnes; (3) under 500 tonnes and over or equal to 200 tonnes; and (4) under 200 tonnes.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that, in reply to its previous comment, the Government indicates that the prohibition of the employment, engagement or work on a ship by any person under 16 years of age will come into effect following the revision of the CMM. Recalling the fundamental nature of this prohibition, the Committee requests the Government to take the necessary measures without delay to give full effect to Standard A1.1, paragraph 1.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, in reply to its previous comment concerning the determination of the types of work on board for which the employment, engagement or work of seafarers under the age of 18 years is prohibited, the Government indicates that they plan to draw up an order determining the procedures for the observance of the requirements of the CMM and the MLC, 2006 on this subject. The Committee requests the Government to take the necessary measures without delay to give full effect to Standard A1.1, paragraph 4.

Regulation 1.3. Training and qualifications.Noting that, in reply to its previous comment on the effect given to the requirements of the Convention respecting the training and qualifications of seafarers, the Government once again refers to Decree No. 2002-933, of 3 October 2002, without providing a copy of the Decree, the Committee reiterates its previous request on this point. With reference to the requirement for all seafarers to successfully complete training for personal safety on board ship (Regulation 1.3, paragraph 2), the Committee takes note of the information provided by the Government.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that, in reply to its previous comment on the implementation of Standard A1.4, paragraphs 2 and 5 to 9, to which the legislation in force does not give full effect, the Government indicates that these concerns are duly taken into account in the draft revising the CMM. The Committee requests the Government to take the necessary measures without delay to give full effect to these requirements of the Convention. Noting that the Government has not replied to its request to provide information on the steps taken by employment agencies to take out private insurance policies for seafarers, in accordance with Standard A1.4, paragraph 5(c)(vi), the Committee reiterates its previous request on this point.

Regulation 2.1 and Standard A2.1, paragraphs 2 and 4. Seafarers’ employment agreement. Content.Documents available in English. The Committee notes that, in reply to its previous comment concerning the indications to be included in the seafarers’ employment agreement, in accordance with Standard A2.1, paragraph 4, the Government indicates that, on this specific point, the CMM that is currently under revision has incorporated significant improvements with a view to being at the level of the MLC, 2006. The Committee requests the Government to adopt the necessary measures without delay to give full effect to these requirements of the Convention. It also requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A2.1, paragraph 2, which provides that, except for ships engaged only in domestic voyages, a copy of a standard form of the seafarers’ employment agreement and the portions of any collective bargaining agreement that are subject to a port State inspection shall be available in English.

Regulation 2.2 and Standard A2.2, paragraph 1. Wages. Regular payment. The Committee notes that, in reply to its previous comment concerning the payment of wages at no greater than monthly intervals, the Government indicates that this will be taken into account in the context of the revision of the CMM. The Committee requests the Government to take the necessary measures to give full effect to Standard A2.2, paragraph 1.

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes that, in reply to its comments concerning the transmission by seafarers, if they so desire, of all or part of their earnings to their families or dependants or legal beneficiaries, and the charge for this service, the Government indicates that, in the context of the revision of the CMM, measures are planned to give full effect to Standard A2.2, paragraphs 3 and 4, and that the transmission fees deducted will have to correspond to the current market rate. The Committee requests the Government to take the necessary measures to give full effect to Standard A2.2, paragraphs 3 to 5.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that, in reply to its previous comments on the implementation of Regulation 2.3 and Standard A2.3, the Government indicates that this is given effect in part by the provisions of the CMM and the Labour Code. The Committee also notes the Government’s indication that the draft texts revising the CMM, the offshore collective agreement and the collective agreement for merchant shipping officers and seafarers will take into account the requirements of the Convention. The Committee requests the Government to adopt the necessary measures without delay to give full effect to all the requirements of Standard A2.3.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes that section 419 of the CMM provides that “seafarers shall be entitled to paid leave the duration of which shall be set by collective agreements, but which may not be less than 2.5 days for a month of service on board. Every seafarer who has completed at least six months of continuous work shall be entitled, when leaving his employment, to 2.5 days of paid leave for each full month of work performed. A seafarer whose employment is terminated, with no fault by the seafarer, before having completed six months of continuous work, shall be entitled, when leaving his employment, to 2.5 working days of paid leave for each full month of work performed.” The Committee emphasizes that this latter provision suggests that a seafarer who resigns or is dismissed on the grounds of a fault, without having completed six months of continuous work, may be deprived of his entitlement to leave, although this exclusion is not envisaged by the Convention. The Committee also notes that the CMM does not explicitly prohibit any agreement to forgo the minimum annual leave with pay, except in cases provided for by the competent authority, as set out in Standard A2.4, paragraph 3.Recalling the fundamental importance of annual leave with pay to protect the health and well-being of seafarers and prevent fatigue, the Committee requests the Government to take the necessary measures to give full effect to Standard A2.4, paragraphs 2 and 3, and particularly to ensure that any agreement to forgo entitlement to the minimum annual leave with pay and any exceptions authorized are limited to specific cases.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that, in reply to its previous comment concerning the gaps identified in the legislation that is in force regarding the determination of the circumstances in which a seafarer is entitled to repatriation, the Government indicates that the maritime authority ensures the effective application in practice of Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). However, it is planned to include these provisions of the MLC, 2006, in the draft text of the new CMM. The Committee requests the Government to adopt the necessary measures without delay to give full effect to these requirements of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes the Government’s indication, in reply to its previous comment on the absence of provisions in the CMM specifying the maximum duration of service periods on board following which seafarers are entitled to repatriation, that these specific provisions will be adopted within the framework of the current revisions of the CMM and branch collective agreements. Recalling that, from the combined reading of Standard A2.4, paragraphs 2 and 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous duration of service periods on board without leave is, in principle, 11 months, the Committee accordingly requests the Government to take the necessary measures to ensure full compliance with these provisions of the Convention and to provide information on any developments in this regard.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes the Government’s reply to its previous comment concerning the possibility for the shipowner to deem that repatriation has been assured when the seafarer is provided with suitable employment on a ship going to the Senegalese port of embarkation (section 391 of the CMM). Recalling that nothing in the Code of the Convention provides that the shipowner may be deemed to have fulfilled the duty of repatriation simply by offering a seafarer employment, albeit suitable and remunerated, on board a ship going to the repatriation destination, the Committee requests the Government to bring its legislation into conformity with the Convention in this respect.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that, in reply to its previous comment on the level of fault required by the national legislation for the recovery of the cost of repatriation from the seafarer, which is not in conformity with the requirements of the Convention, the Government indicates that the provisions of the CMM will be brought into conformity with Standard A2.5.1, paragraph 3. The Committee requests the Government to adopt the necessary measures without delay to give full effect to the Convention in this respect.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that the Government, in reply to its previous comment, indicates that the financial security to assist seafarers in the event of their abandonment is not required from employers by the current legislation in Senegal. However, it is planned to take this provision into account in the draft text of the CMM. With reference to the 2014 amendments to the Code of the Convention, the Committee recalls that, in accordance with Standard A2.5.2, the Government is required to ensure the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment. The Committee requests the Government to adopt the necessary measures without delay to give full effect to Standard A2.5.2. It once again requests the Government to provide a copy of a model certificate or any other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting that the Government has not replied to its previous request to indicate the measures adopted or under preparation to give full effect to Standard A3.1, paragraphs 6 to 11, 13 to 16 and 19, and also to indicate the measures applicable to ships built before the date of entry into force of the MLC, 2006, for Senegal which ensure for seafarers working or living on board these ships decent accommodation and recreational facilities consistent with promoting their health and well-being in accordance with national laws and regulations (Regulation 3.1, paragraph 1), the Committee reiterates its previous comment on this point. The Committee notes that, in reply to its previous comment concerning the exemption of ships under 30 gross tonnage from the application of the provisions of the CMM respecting accommodation, the Government indicates that up to now there have been no consultations with organizations of shipowners and seafarers, but that it is planned to establish in the near future a seafarers’ welfare committee and on that occasion to review these matters with shipowners and seafarers. The Committee also notes the Government’s indication that, in the context of the new CMM, the necessary updating of the respective provisions will be carried out. Finally, the Committee notes the Government’s indication that no explicit derogation or exemption has been granted. Recalling once again that Standard A3.1, paragraph 21, allows exemptions only where they are expressly permitted in this Standard and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety, the Committee requests the Government to adopt the necessary measures to bring the legislation into conformity with the Convention on this point. The Committee notes that, in reply to its previous comment concerning the circumstances in which the inspections envisaged by Standard A3.1, paragraph 3, shall be carried out, the Government indicates that a commission responsible has been established to ensure strict compliance with provisions respecting living conditions on board ships flying the Senegalese flag, which regularly carries out unscheduled visits, in the absence of any complaint. Noting, however, that there is no indication of whether these inspections are required in the circumstances envisaged by Standard A3.1, paragraph 3, the Committee requests the Government to adopt the necessary measures to give full effect to the Convention on this point. Noting that the Government has not replied to its request to indicate the measures adopted or under preparation to give full effect to Standard A3.1, paragraph 18, concerning the inspections to be carried out by or under the authority of the ship’s master, the Committee reiterates its comment on this point.

Regulation 3.2 and the Code. Food and catering. The Committee notes that, in reply to its previous comment concerning the implementation of Regulation 3.2, paragraph 2, which provides that seafarers on board a ship shall be provided with food free of charge during the period of engagement, the Government indicates that the interpretation of the Maritime Authority of section 383 of the CMM coincides with the requirements of Regulation 3.2 of the MLC, 2006, and requires that food is provided of sufficient quantity and quality, free of charge, to seafarers registered on the crew list. However, the Committee notes that section 383 of the CMM does not explicitly require the provision of food free of charge. The Committee requests the Government to adopt the necessary measures to bring the legislation into conformity with the Convention on this point. The Committee notes that, in reply to its previous comment concerning the regulatory measures envisaged by sections 382 and 383 of the CMM for the implementation of the detailed requirements of Standard A3.2, paragraphs 2 to 7, the Government explains that clause 23 of the collective agreement for officers of the merchant navy takes into account all these aspects. However, noting that the Government has not replied to its request to provide copies of the provisions of the agreements to which it refers, including the collective agreement for officers of the merchant navy, the Committee reiterates its previous request and requests the Government to adapt the necessary measures to give full effect of the Convention on this point.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that, in reply to its previous comment, the Government indicates that, in practice, seafarers are authorized by shipowners or by the master to consult without delay a qualified medical doctor or dentist in ports of call, where practicable. In relation to this point, and the requirement for ships to carry a qualified medical doctor on board who is responsible for providing medical care, the Government indicates that no provisions in laws or regulations have yet been adopted in this respect. However, it specifies that reflection has commenced on aligning the legislation with the requirements of the MLC, 2006. The Committee requests the Government to adopt the necessary measures without delay to bring the legislation into conformity with Standard A4.1, paragraphs 1(c) and 4(b).

Regulation 4.2 and Standard A4.2.1, paragraphs 1(a) and (c). Shipowners’ liability. Minimum standards. Sickness and injury. Expenses of medical care and board and lodging away from home. The Committee notes that, in reply to its previous comment, the Government indicates that a sick or injured seafarer who is away from home is entitled to the provision of care, as well as food and lodging, with the cost being borne by the shipowner. This entitlement includes care until the seafarer is cured or up to such time as the permanent nature of the sickness or incapacity is established. Coverage of the cost by the shipowner ceases at the latest after a period of four months from the day on which the seafarer is disembarked or when the relevant structures take over responsibility. However, noting that the CMM does not provide that shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or resulting from their employment between those dates (Standard A4.2.1, paragraph 1(a)), and that it does not set out the precise extent of the entitlements of which the expense shall be defrayed by the shipowner (Standard A4.2.1, paragraph 1(c)), the Committee requests the Government to adopt the necessary measures without delay to bring its legislation into conformity on this point.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes that, in reply to its previous comment, the Government indicates that it has taken due note of the Committee’s recommendations and undertakes to take the necessary measures for the establishment of such a mechanism. With regard to the 2014 amendments to the Code of the Convention, the Committee recalls that, in accordance with Standards A4.2.1 and A4.2.2, national laws or regulations shall provide for financial security meeting certain minimum requirements to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard. The Committee requests the Government to adopt the necessary measures without delay to give full effect to Standard A4.2.1, paragraphs 8 to 14, and to Standard A4.2.2. The Committee also requests the Government to provide a copy of a model certificate or any other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that, in reply to its previous comment, the Government indicates that a series of regulations have been adopted respecting compliance with occupational safety and health standards, including Decree No. 2006-1256, of 15 November 2006, establishing the obligations of employers in relation to occupational safety and health and Decree No. 2006-261, of 15 November 2006, establishing general safety and health measures in establishments of all types. The Committee requests the Government to specify the conditions for the application of these decrees, which are not specific to the maritime sector, to the ships covered by the Convention and to provide a copy of these regulations. Also noting the Government’s indication that, within the context of the revision of the CMM, provisions will be adopted to give full effect to Regulation 4.3 and Standard A4.3 of the MLC, 2006, the Committee requests the Government to adopt these measures without delay.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee recalls the Government’s indication in its first report that, in relation with seafarers’ unions, a Senegalese Committee for Seafarers’ Wellbeing was established a few years ago with the objective of the construction of a Seafarers’ Centre. Recalling the importance for the well-being of seafarers of access to shore-based welfare facilities, the Committee requests the Government to provide detailed information on the measures adopted or envisaged to promote the establishment of welfare facilities in appropriate ports (Standard A4.4, paragraph 2).

Regulation 4.5 and the Code. Social security. Noting that the Government has not replied on this point, the Committee reiterates its previous request to the Government to provide detailed information on the manner in which the social security coverage provided for in the CMM is afforded in practice to seafarers ordinarily resident in Senegal and on any obstacles encountered with regard to their affiliation or access to benefits. It requests the Government to provide detailed statistics on the number of seafarers effectively affiliated to Senegalese social security institutions. The Committee requests the Government to adopt all the measures necessary to give full effect to Standard A4.5.

Regulation 5.1 and the Code. Flag State responsibilities. Committee notes that, in reply to its previous comment, the Government indicates that the provisions of Regulation 5.1 are applied in practice and that they will be integrated into the CMM during its revision. The Committee requests the Government to take the necessary measures without delay to give full effect to all the Regulations and associated provisions of the Code under Regulation 5.1, taking into account the points raised in its previous comment. The Committee once again requests the Government to provide the list of recognized organizations authorized to act on its behalf, specifying the functions that they have been authorized to carry out (Standard A5.1.2, paragraph 4).

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that, in reply to its previous comment concerning inspections in port, the Government indicates that this matter will be taken into consideration in the context of the draft new CMM. While recognizing the value of the coordinated implementation of port State control inspections under the Abuja Memorandum of Understanding, the Committee once again recalls that the national authorities are under the obligation to give full effect in the national legislation to the provisions of the Convention respecting port inspections. The Committee therefore requests the Government to take the necessary measures to give full effect to Regulation 5.2.1 and Standard A5.2.1. The Committee notes that, in reply to its previous comment on the procedures for the onshore handling of seafarers’ complaints, the Government indicates that these are envisaged in sections 709 to 723 of the CMM. However, the Committee notes that these sections primarily set out a procedure for the handling of seafarers’ complaints on board which does not respond to the requirements of Standard A5.2.2. The Committee requests the Government to take the necessary measures to give full effect to the Convention on this point.