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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the reports provided by the Government on the application of the maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.
Noting the Government’s information that an analysis of the compliance of domestic legislation with the provisions of the Maritime Labour Convention, 2006, as amended (MLC, 2006) is still underway, the Committee recalls that, within the framework of the Standards Review Mechanism, the Governing Body has included on the agenda of the 118th Session (2030) of the International Labour Conference an item for the abrogation, inter alia, of Conventions Nos 23, 92 and 134. As regards Convention No. 147, which had been classified as an outdated instrument, the Governing Body decided that its situation would be reviewed by the Special Tripartite Committee on the MLC, 2006 at its sixth meeting to decide on its possible abrogation or withdrawal. In this context, the Committee requests the Government to continue providing information on the prospects of ratification of the MLC, 2006. The Committee reminds the Government of the possibility to avail itself of the ILO technical assistance in this regard.

Repatriation of Seamen Convention, 1926 (No. 23)

Implementing legislation and other measures. The Committee notes that, in reply to its previous comments, the Government supplied a copy of the collective agreement between the Azerbaijan Caspian Shipping Company closed joint stock company and the National Committee of the Water Transport Workers’ Trade Union for the period 2017–19. The Committee notes that the Government provides no additional information on the national legislation giving effect to the provisions of the Convention. Referring to its previous comments, the Committee requests the Government once again to take the necessary measures to give effect to the provisions of the Convention, and to transmit copy of any relevant texts implementing the Convention with respect to all seafarers under its scope.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Article 5 of the Convention. Ship inspection in case of complaint. The Committee notes the Government’s indication in reply to its comments, that Port State Control and Flag State Control are governed by Chapter V of the Merchant Shipping Code and by the Ship Inspection Regulations, approved by Cabinet of Ministers Decision No. 59 of 4 April 2013. The Committee notes that: (i) under section 63 of the Merchant Shipping Code, the competent authority carries out the control on ships and verifies the fulfilment of the requirements of relevant international Conventions; and (ii) the Ship Inspection Regulations regulate inspections on national and foreign ships to verify compliance with the requirements of international Conventions, including working and living conditions of seafarers. The Committee further notes that the Government indicates that the competent authority, i.e. the State Maritime and Port Agency, has authorized classification societies to supervise compliance with the Convention and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). The Committee takes note of this information.
Article 13, paragraph 5. Sanitary facilities. Exceptions. Observing that the provisions of the Sanitary Rules allow for exceptions broader than those permitted by the Convention, the Committee requested the Government to bring the relevant provisions of the Rules in conformity with the Convention. The Committee notes the Government’s reference to the International Health Rules (2005), which entered into force for Azerbaijan on 15 July 2007 and are applied by the relevant Ministry of Health bodies during ship sanitation controls. Noting that this information does not address the point raised in its previous comments, the Committee reiterates its request to the Government to take the necessary measures without delay to bring the Sanitary Rules fully in line with Article 13, paragraph 5.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 3 of the Convention. Research undertaken into general trends as brought out by statistics. The Committee welcomes the Government’s indication, in reply to its previous comments that, after the creation of the State Maritime and Port Agency, under the authority of the Ministry of Digital Development and Transport, pursuant to Edict No. 1462 of 11 October 2021, a Department for the Investigation of Maritime Accidents was established. Between 1 January 2022 and 1 June 2023, there were ten ship-related accidents, in which no seafarers were injured. The Government states that, after the department completes the investigation into the accidents, the corresponding information will be sent to the Office. The Committee requests the Government to submit updated information in line with Article 3 of the Convention with its next report.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Article 2(a)(ii) of the Convention. Social security measures. Noting that the Government did not respond to its previous request on this point, the Committee requests the it once again to take the necessary measures to determine which of the three Conventions – that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130) – it intends to apply for the purposes of this Convention, bearing in mind that Conventions Nos 55 and 56 have been included on the agenda of the 118th Session (2030) of the International Labour Conference for abrogation.
Article 2(a)(iii). Shipboard conditions of employment. Record of employment. The Committee notes with interest that, in reply to its previous comments, the Government indicates that: (i) under section 6-1.1.13 of the Merchant Shipping Code, a “seafarer’s book” is to be issued to seafarers by the State Maritime and Port Agency; and (ii) the form of the seafarer’s book is approved by Order No. I/18 of the State Maritime Administration of 20 May 2008. The Committee notes that, according to Order No. I/18 and to the sample supplied by the Government, the seafarer’s book contains several data (e.g. on education and qualification, position, name of the ship, shipowner, sea experience, description of the trip, training courses), without containing any field on the quality of the seafarer’s work or the amount of the seafarer’s wages. The Committee takes note of this information, which addresses its previous request.
Article 2(d)(ii). Complaints with respect to engagement of seafarers. Noting that the Government’s report contains no new information in reply to its previous comment, the Committee requests again the Government to indicate the provisions of national legislation implementing the requirements under Article 2(d)(ii), and to describe the existing procedures, if any, for the examination of complaints made in connection with the engagement in its territory of seafarers, both nationals and non-nationals, on foreign-registered ships.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the reports provided by the Government on the application of the maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.
The Committee notes that, based on the recommendations of the Special Tripartite Committee established under the Maritime Labour Convention, 2006, as amended (MLC, 2006), the Governing Body has decided that member States for which Convention No. 23 is in force should be encouraged to ratify the MLC, 2006 (see GB.334/LILS/2). In this context, the Committee requests the Government to provide information on any future developments concerning the ratification of the MLC, 2006.

Repatriation of Seamen Convention, 1926 (No. 23)

Implementing legislation and other measures. In its previous comments, the Committee had requested the Government to identify the legislation implementing the requirements of the Convention and to provide an example of a relevant collective agreement setting out the conditions that apply to repatriation. The Committee notes that the Government does not provide a reply to this request nor does it submit any additional information. The Committee notes that section 48.21 of the Merchant Shipping Code of Azerbaijan stipulates, in relation to shipowners’ liability, that any shipowner should provide for the members of the crew salaries and other sums to be paid to them as well as repatriation expenses. It further notes that according to section 195 of the same Code, salaries and other amounts to be paid to the captain and crew members, including repatriation cost, shall be subject to insurance. The Committee has not identified any other legal provision giving effect to the Convention. Noting that the Government has not transmitted a copy of the relevant collective agreement nor indicated any other national legislation giving effect to the provisions of the Convention, the Committee requests the Government to adopt without delay the necessary measures to implement the Convention.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Article 3 of the Convention. Implementing legislation. The Committee requested the Government to indicate the measures taken to give effect to several provisions of the Convention regarding specific aspects of crew accommodation (Article 6(2). Design and construction; Article 10(1). Sleeping rooms to be situated above the load line amidships or aft; Articles 11(1), 12(1) and 13(12). Mess rooms, open decks and washing/drying facilities; Article 15(2). Office space). The Committee notes the Government’s indication in this regard that international agreements to which the Republic of Azerbaijan is a party are an integral part of the law of the country. It further notes that the Government states that Parts II, III and IV of the Convention are given effect through its direct application.
Article 5. Ship inspection in case of complaint. The Committee requested the Government to specify the provisions that require an inspection of the crew accommodation of a ship every time a complaint is submitted by a seafarers’ organization. The Committee notes that any complaint about unsuitable crew accommodation is made to the port State control (PSC) inspectors or flag State control (FSC) inspectors or to the port master. If a complaint is received stating that the crew accommodation does not comply with the requirements of the Convention, the vessel is examined by PSC or FSC inspectors in line with the requirements of the Convention. While noting this information, the Committee requests the Government to indicate the applicable national provisions implementing the PSC and FSC systems of inspections.
Article 13(5). Sanitary facilities – exceptions. The Committee previously noted that sections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules permitted the possible reduction in the number of sanitary facilities in ships engaged on voyages of not more than eight hours’ duration. It also recalled, however, that Article 13(5) of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration. The Committee once again requests the Government to take the necessary steps in order to bring the provisions of the Sanitary Rules into line with the Convention.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Article 3 of the Convention. Implementing legislation. The Committee requested the Government to indicate the measures taken to give effect to some provisions of the Convention regarding specific aspects of crew accommodation, namely (Article 7(2). Recreation accommodation, bookcase and facilities for reading, writing and games; and Article 8(6). Facilities for washing, drying and ironing). The Committee notes the Government’s indication in this regard that in accordance with article 148(2) of the Constitution, international agreements to which the Republic of Azerbaijan is a party are an integral part of the law of the country. It further notes that the Government states that Part II of the Convention is given effect through its direct application.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 3 of the Convention. Research undertaken into general trends as brought out by statistics. In its previous comments, the Committee noted the Government’s statement that a Maritime Investigations Department would be created within the Maritime Administration. It requested the Government to provide information on this Department once established, as well as the findings resulting from the research in relation to general trends as are brought out by statistics on hazards due to maritime employment. In its reply, the Government indicates that as a result of the establishment of a Maritime Research Department within the Maritime Administration, work in this area is currently in progress. The Committee requests the Government to provide information on the work of the Department and on any findings resulting from that work in relation to the prevention of accidents.
Article 7. Accident prevention committee. The Committee requested the Government to indicate the legislation giving effect to this Article of the Convention. The Committee notes the Government’s indication that this provision is given effect by the Service on Sea-going Ships Regulations of Azerbaijan, approved by Decision No. 83 of the Cabinet of Ministers on 20 May 2000.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.
Article 2(a)(ii) of the Convention. Social security measures. Noting that the Government did not respond to its previous request on this point, the Committee requests once again the Government to determine which of the three Conventions – that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130) – it intends to apply for the purposes of this Convention.
Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. In its previous comments, the Committee noted that the Merchant Shipping Code of 22 June 2001 is silent as regards the issuance of seafarers’ records of employment. In the absence of a reply, the Committee therefore requests the Government once again to clarify how substantial equivalence is ensured with Article 5 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22), which provides that every seafarer must be given a document containing a record of employment on board the vessel and that this document should not contain any statement as to the quality of the seafarer’s work or the amount of the seafarer’s wages.
Article 2(d)(ii). Complaints with respect to engagement of seafarers. Further to its previous comments, the Committee notes the Government’s statement that Article 2(d) of the Convention is implemented through provisions of the Labour Code, without however making any reference to specific provisions. The Committee recalls that pursuant to Article 2(d)(ii), Members should ensure that adequate procedures exist for the investigation of any complaint made in connection with and, if possible, at the time of the engagement in its territory of seafarers of its own nationality on ships registered in a foreign country, and that such complaint, as well as any complaint made in connection with and, if possible, at the time of the engagement in its territory of foreign seafarers on ships registered in a foreign country, is promptly reported by its competent authority to the competent authority of the country in which the ship is registered, with a copy to the Director-General of the ILO. The Committee requests the Government to provide clarification as to which specific provision of national legislation implements the requirements under Article 2(d)(ii) of the Convention and to describe the existing procedures, if any, for the examination of complaints made in connection with the engagement in its territory of seafarers, both nationals and non-nationals, on foreign-registered ships.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these issues in a single comment, as follows.
Repatriation of Seamen Convention, 1926 (No. 23). Implementing legislation and other measures. The Committee notes from the Government’s report that the destinations and other elements relating to repatriation are set out in collective agreements and that shipowners are responsible for these costs and must also have in place insurance to cover these costs. The Committee requests the Government to identify the legislation implementing these requirements and to provide an example of a relevant collective agreement setting out the conditions that apply to repatriation.
Accommodation of Crews Convention (Revised), 1949 (No. 92). The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:
Article 3 of the Convention. Implementing legislation. The Committee requests once again the Government to provide additional explanations on any consultations with shipowners’ and seafarers’ organizations concerning the framing and administration of regulations related to crew accommodation, and also to transmit the text of any new laws or regulations that may be adopted on these matters.
Article 5. Ship inspection in case of complaint. The Committee requests again the Government to specify the legal provisions that require an inspection of the crew accommodation of a ship every time that a complaint is submitted by a seafarers’ organization.
Article 6(2). Design and construction. The Committee requests once again the Government to indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets.
Article 10(1). Sleeping rooms. The Committee requests the Government to indicate the legal provisions providing that sleeping rooms shall be situated above the load line amidships or aft.
Articles 11(1), 12(1) and 13(12). Mess rooms, open decks and washing/drying facilities. The Committee previously noted that sections 2.3.1, 2.6.1 and 2.8.1 of the Sanitary Rules did not provide for mess rooms, open deck area for recreation of crew, and washing and drying facilities for all ships, as prescribed by these Articles of the Convention. The Committee accordingly requests the Government to take appropriate action in order to bring its legislation into conformity with the Convention.
Article 13(5). Sanitary facilities – exceptions. The Committee previously noted that sections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules permitted the possible reduction in the number of sanitary facilities in ships engaged on voyages of not more than eight hours’ duration. It also recalled, however, that Article 13(5) of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration. The Committee once again requests the Government to take the necessary steps in order to bring the provisions of the Sanitary Rules into line with the Convention.
Article 15(2). Office space. The Committee requests the Government to indicate the legal provision providing that in ships of over 3,000 tons, one room for the deck department and one room for the engine department shall be provided and equipped for use as an office.
Practical application. The Committee requests the Government to supply information on the practical application of the Convention, including for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspection results showing the number and nature of deficiencies observed in the field of crew accommodation, as well as copies of inspection forms and checklists currently in use.
Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous comments.
Article 7(2). Recreation accommodation. The Committee requests once again the Government to indicate how it is ensured that furnishings for recreation accommodation include as a minimum a bookcase and facilities for reading, writing and games.
Article 8(6). Facilities for washing, drying and ironing. The Committee requests once again the Government to indicate how it is ensured that all ships have facilities for washing, drying and ironing clothes.
Practical application. The Committee requests the Government to provide information on the practical application of the Convention, including, for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspections results, relevant clauses of collective agreements or any difficulties encountered in the application of the Convention.
Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). Article 3. Research undertaken into general trends as are brought out by statistics. The Committee notes the Government’s statement in its report that a Maritime Investigations Department will be established within the Maritime Administration. The Committee requests the Government to provide information on the Maritime Investigations Department once it has been established, as well as the findings resulting from the research in relation to general trends as are brought out by statistics on hazards due to maritime employment.
Article 7. Accident prevention committee. The Committee requests the Government to indicate the legislation giving effect to this Article of the Convention, and to provide copies of the relevant legal texts.
Article 8. Programmes for the prevention of occupational accidents. The Committee notes the Government’s statement that the major shipping companies in the country participate in the implementation of programmes for the prevention of occupational accidents, which are under the control of the Maritime Administration. The Committee accordingly requests the Government to provide detailed information on the programmes established in this respect, indicating the manner in which the cooperation and participation of shipowners, seafarers, and their organizations, as well as other interested bodies, are assured.
Practical application. The Committee requests the Government to supply information on the practical application of the Convention, including, for instance, extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting actions taken, and statistics on the number of occupational accidents reported.
Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Implementing legislation and other measures. The Committee notes the Government’s statement in its report that, in accordance with article 148(2) of the Constitution, “international treaties to which the Republic of Azerbaijan is a party shall be an integral part of the legislative system of the Republic of Azerbaijan”, and that all ILO Conventions ratified by Azerbaijan have the force of national law. The Committee wishes to recall, however, that ratifying States are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of international labour Conventions.
Article 2(a)(ii). Social security measures. Noting that the Government did not respond to its previous request on this point, the Committee requests once again the Government to determine which of the three Conventions – that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130) – it intends to apply for the purposes of this Convention.
Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. In its previous comments, the Committee noted that the Merchant Shipping Code of 22 June 2001 is silent as regards the issuance of seafarers’ records of employment. In the absence of a reply, the Committee therefore requests the Government once again to clarify how substantial equivalence is ensured with Article 5 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22), which provides that every seafarer must be given a document containing a record of employment on board the vessel and that this document should not contain any statement as to the quality of the seafarer’s work or the amount of the seafarer’s wages. In addition, the Committee notes that the Government did not provide a copy of the collective agreement concluded between the management and the employees of the State Caspian Maritime Shipping Company, as requested in its previous comments. The Committee accordingly requests once again the Government to provide a copy of the collective agreement in question.
Article 2(d)(ii). Complaints with respect to engagement of seafarers. Further to its previous comments, the Committee notes the Government’s statement that Article 2(d) of the Convention is implemented through provisions of the Labour Code, without however making any reference to specific provisions. The Committee requests the Government to provide clarification as to which specific provision of national legislation implements the requirements under Article 2(d)(ii) of the Convention and to describe the existing procedures, if any, for the examination of complaints made in connection with the engagement in its territory of seafarers, both nationals and non-nationals, on foreign registered ships.
Article 2(e). Vocational training. The Committee notes the Government’s reference to paragraphs 1.2–1.17 of the Regulations on the Certification of Merchant Shipping Crews as the measures implementing the requirements of the Convention as regards vocational training of seafarers. It also notes that section III of the latter Regulations provides for the aspects covered by training courses and certificates, in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended. However, the Committee notes that the Government did not provide any detailed information on seafarers’ training activities (curricula, duration, financing) and the training institutions involved, as requested in its previous comments. The Committee accordingly requests once again the Government to provide information in respect of seafarers’ training activities.
Articles 2(f) and 4. Ship inspections. The Committee notes the Government’s statement that the Cabinet of Ministers Decree No. 59 of 4 April 2013 is the main provision giving effect to the requirements of the Convention as regards ship inspections. It also notes that the Maritime Administration has currently nine inspectors who have conducted 526 port State control inspections and 171 flag State control inspections during the reporting period. The Committee requests the Government to continue providing detailed information on: (i) the organization and functioning of the services responsible for the periodic inspection of the working and living conditions on board Azerbaijan-registered vessels (including results of inspection visits, number and nature of complaints received and action taken); and (ii) the measures taken – including detention – to rectify any conditions on board foreign-flagged ships visiting Azeri ports which are clearly hazardous to the seafarers’ health or safety.
Practical application. The Committee requests the Government to provide information on the practical application of the Convention, including for instance, the number of seafarers covered by the relevant legislation, copies of any standardized inspection checklist or inspection report form, copies of applicable collective agreements, and activity reports of port authorities.
[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(a)(i). Safety standards – Standards of competency. The Committee understands that Decree No. 83 on approval of normative acts relating to the safety of navigation has been adopted in order to bring legislation on maritime transport into line with 1995 amendments to the International Convention on Training, Certification and Watchkeeping for Seafarers (STCW). The Committee also understands that new regulations on issuance and registration of certificates have been issued setting up the requirements for the qualification of crew members on board Azeri-registered ships. The Committee accordingly requests the Government to provide copies of these documents.
Article 2(a)(ii). Social security measures. Noting that the Government has not responded to its previous request on this point, the Committee again requests the Government to determine which of the three Conventions, i.e. the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130), it intends to apply for the purposes of this Convention. Please also provide copies of any relevant laws or regulations which may not have been transmitted previously to the Office.
Article 2(a)(iii). Shipboard conditions of employment – Articles of agreement. Further to its previous comment, the Committee notes that the Merchant Shipping Code of 2001 is silent as regards the issuance of seafarers’ records of employment. The Committee therefore asks the Government to clarify how substantial equivalence is ensured with Article 5 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22), which provides that every seafarer must be given a document containing a record of employment on board the vessel and that this document should not contain any statement as to the quality of the seafarer’s work or the amount of the seafarer’s wages. The Committee recalls, in this respect, that the same requirement has been incorporated in Standard A2.1(1)(e) of the Maritime Labour Convention, 2006 (MLC, 2006). In addition, the Committee recalls the Government’s earlier reference to a collective agreement concluded between the management and the employees of the State Caspian Maritime Shipping Company. The Committee would appreciate receiving a copy of the collective agreement in question.
Article 2(d)(ii). Complaints with respect to engagement of seafarers. The Committee again requests the Government to describe the existing procedures, if any, for the examination of complaints made in connection with the engagement in its territory of seafarers, both nationals and non-nationals, on foreign-registered ships. The Committee recalls, in this respect, that detailed provisions on complaints concerning the recruitment and placement of seafarers have been incorporated in Regulations 5.1.5 and 5.2.2, Standard A1.4(7) and the corresponding Code of the MLC, 2006.
Article 2(e). Vocational training. While noting the Government’s reference to section 44 of the Merchant Shipping Code, the Committee requests the Government to provide more detailed information on seafarers’ training activities (curricula, duration, financing) and the training institutions involved. It also requests the Government to indicate whether training programmes cover aspects such as accident prevention, navigation, seamanship, radio, electronics, engineering, catering, cargo handling and ship maintenance, use of life-saving and fire-fighting equipment, as well as personnel relations, as recommended by the Vocational Training (Seafarers) Recommendation, 1970 (No. 137).
Articles 2(f) and 4. Ship inspections. The Committee notes the Government’s indication that the State Maritime Administration (RASMA), established under Presidential Decree No. 697, is the executive body responsible for safety of navigation, accident investigation and flag State and port State policies. The Committee requests the Government to provide more detailed information on: (i) the organization and functioning of the services responsible for the periodic inspection of the working and living conditions on board Azeri-registered vessels (e.g. size of the inspection staff, types and frequency of inspections, statistics on the number and results of inspection visits, number and nature of complaints received and action taken); and (ii) the measures taken – including detention – to rectify any conditions on board foreign-flagged ships visiting Azeri ports which are clearly hazardous to the seafarers’ health or safety. Please also supply statistical information on the number and results of port State control visits.
Part IV of the report form. Practical application. The Committee would be grateful if the Government would provide up-to-date information on the practical application of the Convention, including for instance, the number of seafarers covered by the relevant legislation, statistics on flag State and port State inspections, copies of any standardized inspection checklist or inspection report form, copies of applicable collective agreements, and activity reports of port authorities.
Finally, the Committee seizes this opportunity to recall that Convention No. 147, together with 36 other international maritime labour Conventions, is revised by the MLC, 2006. It also recalls that the notion of substantial equivalence has been incorporated and further defined in Article VI(3) and (4) of the MLC, 2006, while an innovatory and comprehensive inspection regime is established in Title 5 of the Convention. In this latter respect, the Committee wishes to highlight 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 of ensuring widespread harmonized implementation of the MLC, 2006. The Committee accordingly requests the Government to keep the Office informed of any progress made in the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s detailed report, which refers to the Merchant Shipping Code, adopted in 2001. The Code was, however, not transmitted with the Government’s report and is not available to the Committee for examination. The Committee, therefore, requests the Government to provide a copy of the Merchant Shipping Code, to permit it to examine the Government’s report at its next session.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s detailed report. It also notes that a new Merchant Shipping Code is currently under preparation. The Committee requests the Government to provide a copy of the new Code when adopted.

With reference to its previous comments the Committee requests the Government to provide further information on the following points.

Article 2(a) of the Convention. (Conventions listed in the Appendix to Convention No. 147, but not ratified by Azerbaijan.)

-  Convention No. 53 (Articles 3 and 4). In its previous comments the Committee has noted that under parts 1, 2 and 3 of section 4 of the Regulations on Ranks of Command Personnel of Seagoing Ships, approved by resolution No. 839 of the Council of Ministers of the USSR, dated 25  August 1983 (the Regulations on Ranks), a privileged permit may be granted to a navigating officer in charge of a watch and an engineer officer in charge of a watch in exceptional cases which are not limited to cases of force majeure as provided in Article 3, paragraph 2, of Convention No 53. Referring to paragraphs 85-87 of its 1990 General Survey on Convention No. 147 the Committee requested the Government to provide information on the practical application of this provision as well as on any measures adopted or envisaged to ensure substantial equivalence of the legislation with Article 3 of Convention No 53.

The Committee notes the Government’s indication that the shipping company in exceptional cases can grant permission to a person having a certificate of competency to perform the duties being one grade higher than the grade provided for by his certificate of competency. The Government further indicates that in practice such permission is executed under the form of a guarantee letter of the director of the shipping company, that it is granted for a period not exceeding six months and, in the case of a master or a chief engineer, is granted only in cases of force majeure in order to reach, as a rule, the nearest seaport.

It appears from the information provided by the Government that the exceptional cases when a privileged permit could be granted and a guarantee letter could be issued to a navigating officer in charge of a watch and an engineering officer in charge of a watch are not limited to cases of force majeure as provided in Article 3, paragraph 2, of Convention No. 53. The Committee requests the Government to provide information on measures adopted or envisaged to amend part 4 of section 4 of the Regulations on Ranks so that privileged permits to a navigating officer in charge of a watch and an engineering officer in charge of a watch can only be granted in cases of force majeure, so as to ensure substantial equivalence of the legislation with Article 3 of Convention No. 53.

-  Conventions Nos. 55, 56 and 130. In its previous comments the Committee has asked the Government to provide information on the social security measures established by the national legislation. The Committee notes the Government’s indication that the social security measures for seafarers of the Caspian Shipping Company are prescribed by the collective agreement concluded between a shipowner and a representative of seafarers (navigating staff’s committee). Referring also to paragraphs 133-139 of its 1990 General Survey, the Committee recalls that under Article 2(a)(ii) of Convention No. 147 the appropriate social security measures in relation to sickness, injury and medical care should be prescribed by laws or regulations, and could not be established exclusively by the respective collective agreements. The Committee asks the Government to indicate which of the three Conventions (Nos. 55, 56 or 130) it intends to apply for the purposes of substantial equivalence and what are the respective provisions of the national laws or regulations which would be substantially equivalent to such Convention.

-  Convention No. 22. The Committee asks the Government to clarify whether in addition to a seamen’s book every seaman in Azerbaijan is also given a work record book and, if so, whether the Instructions on the procedure of keeping of work record books in the enterprises, institutions and organizations, approved by resolution of the State Committee on Labour of the former USSR, dated 20 June 1974 (as amended), are still applied by Azerbaijan (Article 14, paragraph 1).

Article 2(b). The Committee has previously requested the Government to indicate how jurisdiction or control over the ships which are registered in Azerbaijan is exercised in respect of social security measures prescribed by national laws or regulations, and shipboard conditions of employment and shipboard living arrangements prescribed by national laws or regulations, or laid down by competent courts in a manner equally binding on the shipowners and seafarers concerned. The Committee notes the Government’s indication that the control over ships registered in Azerbaijan (in respect of the vessels of the Caspian Shipping Company) in respect of social security measures, shipboard conditions of employment and shipboard living arrangements prescribed by the national legislation is exercised by the trade union of seamen in accordance with the national legislation. Recalling that under Article 2(b) effective jurisdiction or control of social security measures prescribed by national laws or regulations shall be exercised exclusively by the governmental institutions and could not be delegated or transferred to the seafarers’ organizations, the Committee hopes that in its next report the Government will be able to indicate the governmental institution entrusted with the duty of supervision over ships registered in Azerbaijan in respect of social security measures and to provide information on how cooperation is organized between different inspection services. The Committee also asks the Government to provide particulars of the functioning of various inspection services, such as the size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed.

Article 2(d)(ii). Please describe the existing procedure for recruitment and placement of seafarers of Azerbaijan on ships registered in a foreign country and for examination of complaints made in connection with the engagement in its territory of seafarers on such ships.

Article 2(e). Please indicate measures that have been undertaken or envisaged in order to give due regard to the Vocational Training (Seafarers) Recommendation, 1970 (No. 137).

Article 2(f). The Committee asks the Government to describe the procedure for verification of compliance of ships registered in the territory of Azerbaijan with applicable international labour Conventions, with the laws and regulations required by Article 2(a) and, as may be appropriate under national law, with applicable collective agreements.

Article 2(g). Please describe the procedure for investigation of cases of serious maritime casualties and indicate whether the final reports of such inquiries are made public.

Article 3. The Committee asks the Government to indicate whether and, if so, how Azerbaijan advises its nationals on the possible problems of signing on a ship registered in a State which has not ratified the Convention.

Article 4. Please indicate: (i) whether the national legislation gives effect to Article 4, paragraph 1; (ii) the number and nature of cases considered and the nature of any action taken; and (iii) the procedure for notification of the maritime, consular or diplomatic representative of the flag State of a vessel that does not conform to the standards of this Convention.

The Committee also asks the Government to provide the following documents:

-  Decision of the Parliament - Milli Medjlis of the Republic of Azerbaijan, No. 1037 of 12 May 1995;

-  a sample of the new seamen’s book; and

-  regulations, if any, governing recruitment and placement of seafarers of Azerbaijan on ships registered in a foreign country.

The Committee has taken note of the information provided by the Government in relation to the application of Article 1, paragraphs 3 and 4(a), Article 2(a) (Convention No. 22), and Article 2(c) of the Convention, as well as of the information provided under Parts IV and V of the report form.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s detailed report. It also notes that a new Merchant Shipping Code is currently under preparation. The Committee requests the Government to provide a copy of the new Code when adopted.

With reference to its previous comments the Committee requests the Government to provide further information on the following points.

Article 2(a) of the Convention.  (Conventions listed in the Appendix to Convention No. 147, but not ratified by Azerbaijan.)

-  Convention No. 53 (Articles 3 and 4).  In its previous comments the Committee has noted that under parts 1, 2 and 3 of section 4 of the Regulations on Ranks of Command Personnel of Seagoing Ships, approved by resolution No. 839 of the Council of Ministers of the USSR, dated 25  August 1983 (the Regulations on Ranks), a privileged permit may be granted to a navigating officer in charge of a watch and an engineer officer in charge of a watch in exceptional cases which are not limited to cases of force majeure as provided in Article 3, paragraph 2, of Convention No 53. Referring to paragraphs 85-87 of its 1990 General Survey on Convention No. 147 the Committee requested the Government to provide information on the practical application of this provision as well as on any measures adopted or envisaged to ensure substantial equivalence of the legislation with Article 3 of Convention No 53.

The Committee notes the Government’s indication that the shipping company in exceptional cases can grant permission to a person having a certificate of competency to perform the duties being one grade higher than the grade provided for by his certificate of competency. The Government further indicates that in practice such permission is executed under the form of a guarantee letter of the director of the shipping company, that it is granted for a period not exceeding six months and, in the case of a master or a chief engineer, is granted only in cases of force majeure in order to reach, as a rule, the nearest seaport.

It appears from the information provided by the Government that the exceptional cases when a privileged permit could be granted and a guarantee letter could be issued to a navigating officer in charge of a watch and an engineering officer in charge of a watch are not limited to cases of force majeure as provided in Article 3, paragraph 2, of Convention No. 53. The Committee requests the Government to provide information on measures adopted or envisaged to amend part 4 of section 4 of the Regulations on Ranks so that privileged permits to a navigating officer in charge of a watch and an engineering officer in charge of a watch can only be granted in cases of force majeure, so as to ensure substantial equivalence of the legislation with Article 3 of Convention No. 53.

-  Conventions Nos. 55, 56 and 130.  In its previous comments the Committee has asked the Government to provide information on the social security measures established by the national legislation. The Committee notes the Government’s indication that the social security measures for seafarers of the Caspian Shipping Company are prescribed by the collective agreement concluded between a shipowner and a representative of seafarers (navigating staff’s committee). Referring also to paragraphs 133-139 of its 1990 General Survey, the Committee recalls that under Article 2(a)(ii) of Convention No. 147 the appropriate social security measures in relation to sickness, injury and medical care should be prescribed by laws or regulations, and could not be established exclusively by the respective collective agreements. The Committee asks the Government to indicate which of the three Conventions (Nos. 55, 56 or 130) it intends to apply for the purposes of substantial equivalence and what are the respective provisions of the national laws or regulations which would be substantially equivalent to such Convention.

-  Convention No. 22.  The Committee asks the Government to clarify whether in addition to a seamen’s book every seaman in Azerbaijan is also given a work record book and, if so, whether the Instructions on the procedure of keeping of work record books in the enterprises, institutions and organizations, approved by resolution of the State Committee on Labour of the former USSR, dated 20 June 1974 (as amended), are still applied by Azerbaijan (Article 14, paragraph 1).

Article 2(b).  The Committee has previously requested the Government to indicate how jurisdiction or control over the ships which are registered in Azerbaijan is exercised in respect of social security measures prescribed by national laws or regulations, and shipboard conditions of employment and shipboard living arrangements prescribed by national laws or regulations, or laid down by competent courts in a manner equally binding on the shipowners and seafarers concerned. The Committee notes the Government’s indication that the control over ships registered in Azerbaijan (in respect of the vessels of the Caspian Shipping Company) in respect of social security measures, shipboard conditions of employment and shipboard living arrangements prescribed by the national legislation is exercised by the trade union of seamen in accordance with the national legislation. Recalling that under Article 2(b) effective jurisdiction or control of social security measures prescribed by national laws or regulations shall be exercised exclusively by the governmental institutions and could not be delegated or transferred to the seafarers’ organizations, the Committee hopes that in its next report the Government will be able to indicate the governmental institution entrusted with the duty of supervision over ships registered in Azerbaijan in respect of social security measures and to provide information on how cooperation is organized between different inspection services. The Committee also asks the Government to provide particulars of the functioning of various inspection services, such as the size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed.

Article 2(d)(ii).  Please describe the existing procedure for recruitment and placement of seafarers of Azerbaijan on ships registered in a foreign country and for examination of complaints made in connection with the engagement in its territory of seafarers on such ships.

Article 2(e).  Please indicate measures that have been undertaken or envisaged in order to give due regard to the Vocational Training (Seafarers) Recommendation, 1970 (No. 137).

Article 2(f).  The Committee asks the Government to describe the procedure for verification of compliance of ships registered in the territory of Azerbaijan with applicable international labour Conventions, with the laws and regulations required by Article 2(a) and, as may be appropriate under national law, with applicable collective agreements.

Article 2(g).  Please describe the procedure for investigation of cases of serious maritime casualties and indicate whether the final reports of such inquiries are made public.

Article 3.  The Committee asks the Government to indicate whether and, if so, how Azerbaijan advises its nationals on the possible problems of signing on a ship registered in a State which has not ratified the Convention.

Article 4.  Please indicate: (i) whether the national legislation gives effect to Article 4, paragraph 1; (ii) the number and nature of cases considered and the nature of any action taken; and (iii) the procedure for notification of the maritime, consular or diplomatic representative of the flag State of a vessel that does not conform to the standards of this Convention.

The Committee also asks the Government to provide the following documents:

-  Decision of the Parliament - Milli Medjlis of the Republic of Azerbaijan, No. 1037 of 12 May 1995;

-  a sample of the new seamen’s book; and

-  regulations, if any, governing recruitment and placement of seafarers of Azerbaijan on ships registered in a foreign country.

The Committee has taken note of the information provided by the Government in relation to the application of Article 1, paragraphs 3 and 4(a), Article 2(a) (Convention No. 22), and Article 2(c) of the Convention, as well as of the information provided under Parts IV and V of the report form.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's reports for the period ending September 1998. It requests the Government to provide further information on the following points.

Article 1, paragraph 3, of the Convention. Please indicate whether the Convention is applicable to all seagoing tugs, or only to those tugs provided with crew accommodation, space for storage of food and fresh water.

Article 1, paragraph 4(a). Please indicate whether all oil rigs and drilling platforms or only certain types are considered as "vessels" under the legislation of Azerbaijan and whether the provisions of the Convention are applicable to them.

Article 2(a). (Conventions listed in the Appendix to Convention No. 147, but not ratified by Azerbaijan). The Committee requests the Government to provide clarification on the application of the following provisions of the Conventions listed in the Appendix:

-- Convention No. 22. The Committee requests the Government to indicate: (i) how it is ensured in Azerbaijan that every seaman is given a document containing a record of his employment on board the vessel (Article 5, paragraph 1); (ii) that such document does not contain any statements as to the quality of the seaman's work or as to his wages (Article 5, paragraph 2); (iii) whether there is a standard form of labour agreement (Article 6, paragraphs 2 and 3); (iv) that an entry made in the document issued to the seaman in accordance with Article 5 and the list of crew in case of the termination or rescission of the agreement states merely the fact that the seaman had been discharged and not the grounds for such discharge (Article 14, paragraph 1); and (v) that the seaman at all times has the right, in addition to the record mentioned in Article 5 to obtain from the master a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement (Article 14, paragraph 2).

-- Convention No. 53. The Committee notes that in accordance with part 1 of section 4 of the Regulations on Ranks of Command Personnel of Seagoing Ships, approved by resolution No. 839 of the Council of Ministers of the USSR, dated 25 August 1983 (the "Regulations on Ranks"), a privileged permit may be granted, in exceptional cases, to a person holding a diploma to perform the duties of one grade higher than the grade corresponding to his diploma. If the person does not have a diploma, a privileged permit may be granted to perform the duties of the lowest grade for which a certificate is required (part 2 of section 4 of the Regulations on Ranks). Such a permit is granted for a period not exceeding six months, on the condition that the person has qualifications and experience sufficient for ensuring the safety of navigation (part 3 of section 4 of the Regulations on Ranks). While for the functions of master and chief engineer, a privileged permit may only be granted in cases of force majeure and for the shortest possible period (part 4 of section 4 of the Regulations on Ranks), it appears that under parts 1, 2 and 3 of section 4 of the Regulations on Ranks a privileged permit may be granted to a navigating officer in charge of a watch and an engineering officer in charge of a watch in exceptional cases which are not limited to cases of force majeure as provided in Article 3, paragraph 2. Referring to paragraphs 85 to 87 of its 1990 General Survey on Convention No. 147 the Committee requests the Government to provide information on the practical application of this provision as well as on any measures adopted or envisaged to ensure substantial equivalence of its legislation with Article 3.

The Committee also requests the Government to indicate: (i) the minimum age which has to be attained, and the minimum period of professional experience which has to be completed by candidates for each grade of competency certificate, prescribed by national laws or regulations (Article 4, paragraph 2, of Convention No. 53); (ii) whether at the present time there exist any special regulations in respect of standards of hours of work of seafarers; and (iii) what are the requirements for the minimum composition of the crew, allowing the vessel to go to sea.

In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Conventions Nos. 55, 56 and 130, respectively, the Committee requests the Government to provide the following information:

1. As concerns Convention No. 55: (i) whether the legislation gives effect to Article 2, paragraph 1, Article 3, Article 4, paragraph 1, Article 7, paragraph 1, and, if so, which are the corresponding provisions of the legislation; (ii) whether the fact that the victim receives social insurance allowances or disability pension releases the employer from liability to compensate damage to the victim's health (Article 4, paragraph 3).

2. As concerns Convention No. 56: whether under the legislation: (i) the insured person is entitled free of charge, as from the commencement of his illness and at least until the period prescribed for the grant of the sickness benefit expires, to medical treatment by a fully qualified medical practitioner and to the supply of proper and sufficient medicines and appliances (Article 3, paragraph 1); (ii) the insured person may be required to pay part of the cost of medical benefit (Article 3, paragraph 2); (iii) whenever the circumstances so require, the insurance institution provides for the treatment of the sick person in a hospital and in such case grants him full maintenance together with the necessary medical attention and care (Article 3, paragraph 4); (iv) the insured person who is abroad and by reason of sickness has lost his right to wages, whether previously payable in whole or in part, the cash benefit to which he would have been entitled had he not been abroad shall be paid in whole or in part to his family until his return to the territory of Azerbaijan (Article 4, paragraph 1); (v) the insured persons and their employers shall share in providing the financial resources of the sickness insurance scheme (Article 8, paragraph 1); (vi) sickness insurance is administered by self-governing institution which is under the administrative and financial supervision of the public authorities and is not carried on with a view to profit (Article 9, paragraph 1); (vii) the insured person has a right of appeal in case of dispute concerning his right to benefit (Article 10, paragraph 1). The Committee requests the Government to indicate the corresponding provisions of the legislation which would be applicable in each case.

3. As concerns Convention No. 130: whether under the legislation: (i) the contingencies covered under the system of mandatory medical insurance include the need for medical care of a curative nature and, under prescribed conditions, need for medical care of a preventive nature (Article 7(a)); (ii) effect is given to Articles 8; 9; 12; 13; 16, paragraph 1; 17; 27, paragraph 1; and 29, paragraph 1, and, if so, indicate the respective provisions of the legislation; (iii) the claimant has a right of appeal in the case of refusal of the benefit or complaint as to its quality or quantity (Article 29, paragraph 1). Please indicate the corresponding provisions of the legislation which would be applicable in each case.

The Committee requests the Government to indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence.

Article 2(b). Please indicate how jurisdiction or control over the ships which are registered in the territory of Azerbaijan is exercised in respect of: (i) social security measures prescribed by national laws or regulations; (ii) shipboard conditions of employment and shipboard living arrangements prescribed by national laws or regulations, or laid down by competent courts in a manner equally binding on the shipowners and seafarers concerned; (iii) how cooperation is organized between different inspection services. Please provide the particulars of the functioning of various inspection services, such as size of inspection staff; numbers and results of inspections and investigations of complaints; penalties imposed.

Article 2(c). The Committee requests the Government to indicate which specific measures for the effective control of other shipboard conditions of employment and living arrangements, where the Government has no effective jurisdiction, have been agreed between shipowners or their organizations and seafarers' organizations constituted in accordance with the substantive provisions of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Article 2(d)(ii). Please describe the procedure for examination of complaints made in connection with the engagement in the territory of Azerbaijan of seafarers of Azerbaijan on ships registered in a foreign country.

Article 2(e). Please indicate measures that have been undertaken or envisaged in order to give due regard to the Vocational Training (Seafarers) Recommendation, 1970 (No. 137).

Article 2(f). The Committee asks the Government to describe the procedure of verification of compliance of ships registered in the territory of Azerbaijan with applicable international labour Conventions, with the laws and regulations required by subparagraph (a) of Article 2 of the Convention and, as may be appropriate under national law, with applicable collective agreements.

Article 2(g). Please describe the procedure for investigation of cases of serious maritime casualties and indicate whether the final reports of such inquiries shall be made public.

Article 3. The Committee asks the Government to indicate whether Azerbaijan advises its nationals on the possible problems of signing on a ship registered in a State which has not ratified the Convention.

Article 4. Please indicate: (i) whether the national legislation gives effect to Article 4, paragraph 1, of the Convention; (ii) the number and nature of cases considered and the nature of any action taken; and (iii) the procedure for notifying the maritime, consular or diplomatic representative of the flag State of a vessel that does not conform to the standards of this Convention.

Part IV of the report form. Please provide a general appreciation of the manner in which the Convention is applied.

Part V of the report form. Please indicate whether copies of the report have been communicated to the representative organizations of employers and whether any observations of employers or workers regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention have been received.

The Committee also asks the Government to provide copies of the following documents:

-- texts of laws and regulations governing the provision of medical care to citizens of Azerbaijan and to foreigners;

-- texts of laws and regulations governing mandatory medical insurance of citizens of Azerbaijan and foreigners;

-- the latest version of the Labour Code of Azerbaijan;

-- laws of Azerbaijan on protection of labour;

-- Law No. 854 of Azerbaijan "on leaves", dated 19 July 1994;

-- Law No. 82-G of Azerbaijan "on personal labour contracts (agreements)", dated 21 May 1996;

-- fundamental principles of provision of social insurance allowances, approved by resolution No. 191 of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions, dated 23 February 1984;

-- Rules on compensation by the enterprises, organizations and institutions of damage caused to employees in the process of performance of labour duties or to families who lost their breadwinner, approved by resolution No. 648 of the Cabinet of Ministers of Azerbaijan, dated 7 December 1992;

-- Regulations on the investigation and registration of accidents in the workplace, approved by resolution No. 157 of the Cabinet of Ministers of Azerbaijan, dated 23 March 1993;

-- Order No. 1145 of the Ministry of Health of the USSR "on the conduct of preliminary medical examinations at the moment of hiring and periodical medical examinations of the navigating personnel of vessels of the maritime and fishing fleet, and persons entering into educational institutions to prepare a maritime specialization", dated 6 November 1981;

-- Rules for the Classification and Construction of Seagoing Vessels of the Register of the USSR (1990);

-- the text of the most recent collective agreement between the administration of the Caspian Sea Shipping Company and the Seamen's Trade Union Committee.

[The Government is asked to report in detail in 1999.]

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