Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 4 of the Convention. Implementing legislation. Further to its previous comment, the Committee notes the Government’s explanations on the process of adoption of Order No. 34 of the Labour Inspection Department (SIT) of the Ministry of Labour and Employment (MTE), dated 4 December 2002, approving Regulatory Norm No. 30 (NR-30) which contains a number of detailed requirements relating to crew accommodation. It notes, in particular, that NR-30 was drafted in its entirety by the tripartite National Standing Committee for Waterways (CPNA), which meets four times every year and develops or improves regulatory standards on all aspects of occupational safety and health in waterway work.

Article 5(1)–(9). Sleeping rooms. The Committee notes that Annex 3-L of the Maritime Authority Regulations NORMAM 01, to which the Government refers in its report, contains certain standards for sleeping rooms which are lower than those set out in the Convention, for example: maximum nine persons per room instead of four provided for in Article 5(4), minimum floor area of 2.6 square metres per person instead of 3.75 square metres required under Article 5(1) (the minimum floor area is set at 4.5 square metres under Standard A3.1(9)(f) of the Maritime Labour Convention, 2006 (MLC, 2006)). The Committee further notes that Annex 3-L of NORMAM 01 does not specify different standards depending on the ship’s tonnage and the seafarer’s position or grade. The Committee therefore requests the Government to take all necessary measures in order to modify or supplement its regulations so that they give full effect to the detailed requirements of this Article of the Convention.

Article 6(1) and (3). Mess rooms. The Committee notes that section 30.8 of the NR-30, to which the Government refers in its report, does not address at all issues such as the floor area of mess rooms, or the availability of a refrigerator, facilities for hot beverages and cold water facilities in mess rooms. Similarly, Resolution No. 217/2001 of the National Health Surveillance Agency, to which the Government also refers, bears strictly no relevance to the facilities and equipment of mess rooms provided for in this Article of the Convention. The Committee therefore requests the Government to specify any relevant provisions, legislative or other, that give effect to the requirements of this Article, and if none exist, to consider appropriate action and to report on any progress made.

Article 7. Recreation facilities. The Committee notes that section 30.8.4 of the NR-30, which provides for leisure areas for vessels over 3,000 gt, implements only partially the requirements of this Article of the Convention. The Committee therefore requests the Government to indicate whether the specific furnishings referred to in this Article of the Convention, such as a bookcase, or for larger vessels, a smoking room, canteen, hobby and games room, are provided for in relevant regulations and, if not, to consider appropriate action.

Article 8(1)–(5) and (7). Sanitary facilities. The Committee notes that section 30.11 of the NR-30, to which the Government refers in its report, provides in general terms for areas for washing and drying clothes but does not detail in any manner the sanitary facilities depending on ship’s tonnage and the seafarer’s position or grade, as required by this Article of the Convention. The Committee also notes that Annex 3-L of NORMAM 01 provides for one water closet and one shower for every eight persons instead of one water closet and one shower for every six persons or less, as required under Article 8(1) of the Convention (and also Standard A3.1(11)(c) of the MLC, 2006). The Committee therefore requests the Government to indicate whether and how effect is given to the detailed requirements of this Article of the Convention and, if not, to take the necessary measures and to report on any developments.

Article 9. Sanitary facilities for those on duty on bridge deck and in machinery space. The Committee notes that there is nothing in section 30.10 of the NR-30, to which the Government refers in its report, to reflect the specific standards of this Article of the Convention. The Committee therefore requests the Government to indicate any provisions that implement this Article of the Convention and, if none exist, to bring its national laws or regulations into line with the requirements of the Convention and to report on any progress made in this regard.

Article 10. Minimum headroom. While noting the Government’s reference to Annex 3-L of NORMAM 01, which fixes the minimum headroom to 190 cm, the Committee recalls that the Convention provides for headroom of no less than 198 cm with the possibility of limited reduction where the competent authority is satisfied that this is reasonable and that such reduction will not result in discomfort to the crew. The Committee also recalls that, under Standard A3.1(6) of the MLC, 2006, the minimum permitted headroom in all crew accommodation has been raised to 203 cm. The Committee therefore requests the Government to take appropriate action to ensure compliance with the Convention on this point.

Article 11. Lighting. While noting the Government’s reference to section 30.7.5.2 of the NR-30, which provides for an individual electric lamp at the head of each berth, the Committee again requests the Government to indicate whether and how suitable standards of natural and artificial lighting have been fixed as required under this Article of the Convention.

Part IV of the report form. The Committee notes the statistical information with respect to the number of vessels and seafarers covered by the Convention. The Committee requests the Government to continue to supply up-to-date information on the practical application of the Convention, including, for instance, inspection results and official reports or studies.

Finally, the Committee takes this opportunity to recall that most of the provisions of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and Convention No. 133 on crew accommodation have been incorporated without significant changes in Title 3 of the MLC, 2006, and therefore ensuring compliance with these Conventions would greatly facilitate compliance with the corresponding requirements of the MLC, 2006. The Committee requests the Government to keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

In addition, the Committee requests the Government to refer to the comments made under Convention No. 92.