Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Article 3 of the Convention. The Committee's previous comments referred to Recommendation No. 9 contained in the back pages of the seafarer's passport, and the identical provision laid down in section 25 of Decree No. 45969, which stipulate that the passport shall be kept by the master or any other officer during the validity of the engagement (durante a vigência da matrícula). The Committee drew the Government's attention to the incompatibility of these provisions with this Article of the Convention which provides that the identity document shall remain in the seafarer's possession at all times. In its report, the Government states that "durante a vigência da matrícula" in this case means "for the duration of the legal formalities preceeding the voyage". In view of the ambiguity of this text which could easily give rise to a different interpretation because of the unusual connotation of the word "vigência" - here used to mean "duration" - the Committee hopes that the Government will shortly take the necessary measures to ensure that the persons concerned can have no doubts as to the proper application of Article 3 of the Convention.

Article 6. The Committee has examined the various legal texts communicated by the Government. They do not, however, appear to contain provisions to ensure the application of this Article. The Committee hopes that the Government will not fail to enclose the Regulations issued by the Directorate of Emigration and Frontiers (DNEFA) concerning the application of this Article with its next report.

[The Government is asked to report in detail for the period ending 30 June 1992.]