Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the information provided by the Government in reply to its previous comments concerning the application of Article 6 of the Convention. It notes the formulation of a list and classification of types of maritime employment by the joint mixed commission responsible for the formulation and negotiation of the national collective agreement for the maritime sector. The Committee would be grateful if the Government would provide additional information in its next report on the following points.

Article 2, paragraph 1. Issuance of a seafarer’s identity document. According to the Government’s report, a temporary authorization is issued to beginner seafarers without vocational qualifications, and after six months’ actual service on-board, the latter receive an identity card. Article 2 of the Convention establishes the requirement for Members to issue an identity document “to each of its nationals who is a seafarer” without conditions relating to training or vocational experience, with the purposes of the identity document including facilitating shore leave for temporary periods while the vessel is in port, joining a ship or transferring to another ship, and facilitating transit or repatriation. The Committee requests the Government to take the necessary measures to ensure that the issuance of a seafarer’s identity document is not subject to any condition of training or professional experience, in accordance with the provisions of the Convention.

Article 4. Form and content of the seafarer’s identity document. According to the Government’s report, the joint mixed commission responsible for formulating and negotiating the national collective agreement will henceforth be the forum for social dialogue in the maritime sector and will be responsible for determining the form and content of the seafarer’s identity document. The Committee requests the Government to keep the Office informed of the measures adopted or envisaged by the joint mixed commission for the determination of the form and content of the seafarer’s identity document.

Specimen of the maritime seafarer’s booklet and identity card. Up to now, the Committee only received a sample of the seafarer’s maritime booklet in 1989. In 2001, it received a photocopy of the maritime seafarer’s booklet that had been entirely modified in relation to the previous model. The Committee requests the Government to provide, with its next report, a sample of the seafarer’s identity card and of the maritime seafarer’s booklet.

Article 5. Readmission to the territory. The Government refers in its report to section 25 of the Labour Code of Cameroon, which provides that the contracts of workers of foreign nationality may only be renewed following approval by the minister responsible for labour. This provision means that the readmission to the territory of a seafarer in possession of an identity document is subject to the signature of a new contract. Section 25 is thus not in conformity with the Convention, which establishes that any seafarer who holds a valid seafarer’s identity document issued by the competent authority of a territory, shall be readmitted to that territory. The Convention further provides that the seafarer shall also be readmitted to the territory during a period of at least one year after any date of expiry indicated in the seafarer’s identity document. The Committee requests the Government to take the necessary measures to bring its law and practice into conformity with the requirements of the Convention.

The Committee invites the Government to envisage ratifying the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185) (the ratification of which would involve the immediate denunciation of Convention No. 108), or giving effect to it in practice, in accordance with Article 9 of Convention No. 185. The Committee would be grateful if the Government would provide information in its next report on any consultations held in this respect.