Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. The Committee notes the information contained in the Government’s report focusing, in particular, on supervision of the conditions in ports and developments regarding port State control.

2. Article 17 and Part V of the report form. Practical application of the Convention. The Committee notes the information in the Government’s report that, by the end of 2006, a total of 3,200 labour inspection agencies had been set up in the whole country with a total of 22,000 full-time labour inspectors. In addition 26,000 part-time labour inspectors had been appointed by the labour departments and 20,000 labour supervisors by trade unions, relevant departments and enterprises. More specifically, regarding the supervision of port activities, the Committee notes the information that the number of inspectors supervising conditions in ports had increased over the past ten years and that they were increasingly better trained. Ports open for port State control had increased from 24 in 1994 to 46 in 2006 and the number of ships inspected from 961 in 1994 to 4,020 in 2006. It also notes that, with regard to the 4,020 foreign ships inspected in 2006, 24,459 contraventions were recorded and 319 ships subjected to demurrage. The Committee also notes that the Government indicates that, in exercising port State control inspection maritime authorities will conduct overall inspection of the ship, including loading and unloading equipment and tools, with emphasis on items covered by Articles 3, 5, 6, 8, 9 and 14 of the Convention. The Committee requests the Government to provide more detailed information on the result of the supervision of the application of the Convention including information on the type of contraventions noted with regard to matters regulated by the Convention. The Committee also reiterates its request for information on what penalties are prescribed in accordance with paragraph (2) of this Article for breaches of the regulations, and what measures are taken to ensure that copies or summaries of the regulations are posted up in prominent positions at places which are in use for the processes, in accordance with paragraph 3 of this Article.

3. With regard to other matters related to the application of the Convention, the Committee notes that the Government reports that no progress has been made in terms of legislative application of the Convention and that no information is provided as regards the meaning of “usual standards of maintenance” in relevant national legislation. The Committee must therefore repeat its previous request to the Government to indicate how the application of the following provisions of the Convention is ensured.

1. Article 2. Condition of regular approaches over a dock, wharf, quay or similar premises used by workers; Article 3. Means of access to ships: their dimensions, construction and condition and the method of securing them; Article 5. Means of access to the holds of ships when processes are being carried on in them; Article 6. Measures for the protection of hatchways and all other openings on board a ship; Article 8. Safety measures for workers when engaged in removing or replacing hatch coverings; Article 9, paragraph 2(3). Annealing of chains and similar gear carried on board ship or not carried on board ship; Article 9, paragraph 2(6). Fencing of motors, cogwheels, chain and friction gearing and live electric conductors; Article 9, paragraph 2(7). Means with which cranes and winches must be provided to reduce to a minimum the risk of the accidental descent of a load; Article 9, paragraph 2(8). Measures to prevent exhaust steam from obscuring any part of the workplace; Article 9, paragraph 2(9). Measures to prevent the foot of a derrick being accidentally lifted out of its socket or support; Article 11, paragraph 4. Procedure for beginning work at a hatch; Article 11, paragraph 5. Precautions to facilitate the escape of the workers when dealing with bulk cargo; Article 11, paragraph 6. Use of stages in various processes; Article 11, paragraph 7  Use of gear in a hold when the working space is confined to the square of the hatch; Article 11, paragraph 9. Use of an automatic indicator or a table showing the safe working loads for shore cranes; Article 13. First-aid facilities and equipment at docks, wharves, quays and similar places; provisions for the rescue of immersed workers from drowning; Article 14. Prohibition of the removal of or interference with any means of access or life-saving means by unauthorized persons; Article 16. Obligation to apply the provisions of the Convention to ships the building of which is commenced after the date of ratification; and Article 18. Undertaking by the mmber State to enter into reciprocal arrangements with other Members which have ratified the Convention.

2. Article 9, paragraph 2(2) and (4). Since the expression “in accordance with the usual standards of maintenance” is fairly widespread in the regulations supplied by the Government – it is used in the provisions of Chapter II, paragraph 1, Chapter IX, paragraph 2, Chapter X, paragraph 2, and others, and in the safety rules for the use of mobile loading and unloading gear and appliances – the Committee requests the Government to explain what this expression implies and to state whether the keeping of a record is mandatory during the inspection prescribed by the provisions in question.

4. As concerns the question of future ratifications of ILO Conventions in this area, the Committee notes the information that the Government was examining the possibilities of ratifying the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), all the while making efforts to put in practice the basic principles of that Convention and that, in formulating relevant policies, the Government would take into account the 2005 code of practice on safety and health in ports. In this context the Committee recalls that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of Convention No. 152, which revised Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). Such ratification would automatically entail an immediate denunciation of Convention No. 32. The Committee requests the Government to continue to keep it informed of any developments in this respect.