Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Repetition

Article 2(3) of the Convention. Certification requirements for able seafarers – Minimum age. The Committee notes the Government’s indication that the minimum age prescribed by national legislation for taking the examination of proficiency and for being granted a certificate of qualification as able seaman is 14 years. In this respect, the Committee wishes to draw the Government’s attention to Article 2(3) of the Convention, which provides that a person must be at least 18 years of age before being granted a certificate of qualification as able seaman. The Committee therefore requests the Government to take the necessary steps for bringing its legislation into line with the requirements of the Convention on this point.

Moreover, the Committee notes the Government’s statement that the Convention is implemented through Decree No. 363/70 of 14 December 1970 which remains in force. Recalling that in all previous reports, the Government referred to Legislative Decree No. 45968 of 15 October 1964, and the Regulations of application approved by Decree No. 45969, as being the implementing legislation, the Committee requests the Government to provide further clarifications in this respect. The Committee would also appreciate receiving a copy of Decree No. 363/70 as this text has not been previously communicated to the Office.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistical data on the number of AB certificates delivered during the reporting period and relevant extracts from inspection reports showing any infringements of the relevant legislation.

Finally, the Committee recalls that the Convention, together with 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006). It also recalls that, in the course of the negotiations that eventually led to the adoption of the MLC, 2006, it was agreed that the responsibility for the training and certification requirements for able seafarers – except for ships’ cooks – should be transferred to the International Maritime Organization (IMO) and that the provisions of the present Convention would be eventually superseded by new mandatory provisions to be adopted under the IMO’s STCW Convention. The Committee notes, in this respect, that the Manila amendments to the STCW Convention and Code, adopted in June 2010 and due to enter into force on 1 January 2012, contain in Regulation II/5 new requirements for certification of ratings as able seafarers deck. Recalling that the Government continues to be bound by the provisions of Convention No. 74 until the MLC, 2006 enters into force for Angola, the Committee requests the Government to keep the Office informed of any developments regarding the ratification and effective implementation of the MLC, 2006.