Fishermen's Competency Certificates Convention, 1966 (No. 125) - Brazil (RATIFICATION: 1970)

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The Committee notes the Government’s indication in its reports that it has started the process of ratification of the Work in Fishing Convention, 2007 (No. 188) with tripartite support. The Committee requests the Government to provide information on any development in this regard.

In order to provide an overview of the issues relating to the application of conventions related to fishing, the Committee considers it helpful to examine them in a single comment as follows.

Fishermen’s Competency Certificates Convention, 1966 (No. 125)

Article 5(2) of the Convention. Obligation to carry a certified mate. The Committee in its previous comments requested the Government to take steps to ensure that all fishing vessels over 100 gross registered tons engaged in operations and areas to be defined by national laws or regulations carry a certificated mate, as required by the Convention. The Committee notes the Government’s indication that according to NORMAM-01/DPC, long-haul vessels always require a certified mate, independently from their gross tonnage. The Committee further notes the Government’s indication that it is for the Maritime Authority to determine safe manning levels on vessels, according to article 4, paragraph III of Law 9.537 of 11.12.1997 (LESTA). The Committee notes, however, that according to Section II, item 0110, letters b) and d) of NORMAM-01/DPC, coastal vessels and other vessels under 500 gross tons do not require a certified mate on board. In this regard, the Committee notes that, even though the Brazilian legislation has undergone some amendments since the Committee’s last comment, Section II of NORMAM-01/DPC has not been modified to include the requirement of carrying a certified mate on board coastal vessels and other vessels of over 100 gross registered tons, as required by this Article of the Convention. Accordingly, the Committee requests the Government to amend its legislation in order to bring it into conformity with this requirement of the Convention.

Article 7. Minimum experience required – mates’ certificate. The Committee in its last comment took note of Annex 2-A to NORMAM-13 and requested the Government to provide further details on the professional experience required for the issuance of a mate’s certificate of competency for high seas operations. The Committee notes the Government’s indication that it is for the Maritime Authority to elaborate the standards for the habilitation, registration and certification of seafarers. It has further indicated that NORMAM-13 establishes the rules of procedures related to the entry, enrollment and career of seafarers and, as a consequence, defines the requirements to work on board fishing vessels. In this regard, the Committee recalls that Article 7 of the Convention requires no less than three years’ sea service engaged in deck duties. The Committee notes that the Government did not provide any specific information on this requirement and that from Annex 2-A to NORMAM-13 it is not clear what is the minimum experience required for the issuance of a competency certificate for a mate on board fishing vessels engaged in high seas operations. As a consequence, the Committee requests the Government to indicate the measures taken or envisaged to conform to the minimum requirements of the Convention regarding the issuance of certificates of mates engaged in high seas operations.

Article 9. Minimum experience required – engineers’ certificate. The Committee recalled in its last comment that the Convention requires a minimum of three years’ sea service in the engine room for the issuance of engineers’ certificates of competency whereas Annex 2-A to NORMAM-13 requires a lower minimum experience. The Committee notes that the Government has not yet taken steps to bring the national legislation into line with this requirement of the Convention. The Committee therefore requests the Government to explain the measures taken or envisaged to conform to the minimum requirements of the Convention regarding the issuance of certificates of engineers engaged on fishing vessels.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Articles 4 and 5 of the Convention. Planning and control of crew accommodation. The Committee in its previous comment requested the Government to specify how it is ensured that detailed plans of crew accommodation are submitted for approval before the construction of a fishing vessel, and also that fishing vessels are inspected for compliance with crew accommodation standards upon registration or re-registration, or when crew accommodation has been substantially altered or reconstructed. The Committee notes the Government’s indication in its report that every plan of vessels to be built in the country or abroad to be flagged with the Brazilian flag shall be submitted to a preliminary inspection, in conformity with NORMAM 01/DPC and NORMAM 02/DPC. According to the Government, only after the inspection of such plans the Marine Authority can release a Construction License, or an Alteration or Reclassification License, respectively, which demonstrate that the plan is in conformity with the requirements of the above-mentioned NORMAMs and other international relevant standards. Moreover, before registration of any Brazilian vessel at a Port Authority, a Police Station or Agency, a preliminary inspection shall be conducted by a representative of the Maritime Authority. The Government further explains that the Ministry of Labour, by means of labour auditors, carries out inspections in fishing vessels and assesses crew accommodation conditions. The Government specifies that during these inspections, labour inspectors verify, in detail, compliance with Regulatory Norm No. 30 on safety and health of maritime labour (NR-30). The Committee takes note of this information.

Articles 6(16), 9, 10(12), (24) and (25), 12(8), and 16(4). Crew accommodation requirements. The Committee in its last comment took note of Appendices I and II of NR-30 Annex I, which set out standards on occupational health and safety, hygiene and comfort on board vessels – new or existing, respectively – engaged in industrial and commercial fishing, and requested the Government to indicate how effect is given to some specific crew accommodation requirements. The Government has provided detailed information indicating the provisions of NR-30 relevant to the requirements of the Convention. The Committee takes note of this information. However, the Committee notes that the following points still need to be clarified by the Government: (i) Article 6(16) of the Convention requiring measures to protect accommodation spaces against the admission of flies and other insects has not been reproduced in NR-30; (ii) the implementation of Article 9 of the Convention, related to the minimum standards for lighting in crew accommodation spaces, raises the following issues: paragraph 1 is reflected in items 30.7.5 and 30.7.5.1 of NR-30, which require that all crew spaces should be adequately illuminated; however, these items do not clearly indicate that adequate lighting shall be such as to permit a person with normal vision to read on a clear day an ordinary newspaper in any part of the space available for free movement; the sentence of paragraph 2, which provides for emergency lighting, is not included in NR-30; paragraph 3, which requires that artificial lighting shall be so disposed as to give maximum benefit to the occupants of the room, is not reproduced in NR-30; paragraph 5, which requires a permanent blue light to be provided in the sleeping room during the night, is not reflected in NR-30; (iii) Article 10(24) of the Convention which pertains to curtains for the sidelights is not reflected in NR-30; and (iv) Article 12(8)(b) of the Convention which requires sanitary accommodation to be watertight up to at least 0.23 meters above the level of the deck, is not reflected in item 10.2.21 of NR-30, which is the reference provided by the Government and which only applies to platforms; and that Article 12(8)(d) which requires water closets to be situated convenient to, but separate from, sleeping rooms and washrooms, is not precisely included in NR-30. In light of the above, the Committee requests the Government to indicate the measures taken to give full effect to the following provisions of the Convention: Article 6(16) (measures to protect accommodation spaces against the admission of flies and other insects); Article 9(1), (2), (3) and (5) (lighting in crew accommodation spaces); Article 10(24) (sleeping rooms to be fitted with curtains for the sidelights), and Article 12(8)(b) (sanitary accommodation to be watertight up) and (d) (water closets to be situated convenient to, but separate from, sleeping rooms and washrooms).

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Article 5(2) of the Convention. Obligation to carry a certificated mate. The Committee notes the requirements established by NORMAM-01/DPC concerning minimum safe manning levels on vessels. It notes that the presence of a certificated mate is required on board long-haul vessels and also coastal vessels or other vessels whose gross tonnage exceeds 500 tons. However, the Committee recalls that the Convention requires that all fishing vessels over 100 gross registered tons engaged in operations and areas to be defined by national laws or regulations shall be required to carry a certificated mate. The Committee hopes that the Government will take steps in the very near future to ensure the implementation of this provision of the Convention and requests it to keep the Office informed of any decision taken on this matter.

Articles 7 and 9. Minimum experience required – Mates’ and engineers’ certificates. The Committee notes that Annex 2-A to NORMAM-13 defines the requirements for working as a mate (imediato) on fishing vessels engaged in inland navigation but does not contain any details of the requirements in terms of professional experience for the exercise of these duties on fishing vessels engaged in high seas operations. It requests the Government to provide further information on the rules that are applicable in this sphere.

As regards engineers’ certificates, the Committee notes that Annex 2-A to NORMAM-13 establishes a distinction between the following categories: chief engineer on a fishing vessel with engine power below 150 kilowatts and sailing up to 20 miles from the coast; chief engineer on a fishing vessel with engine power below 250 kilowatts and engaged in high seas navigation; chief engineer on a fishing vessel with engine power below 500 kilowatts and engaged in high seas navigation; and chief engineer on a fishing vessel with engine power below 1,000 kilowatts and engaged in high seas navigation. It notes that minimum professional experience as ship’s engineer is only required for these last two categories and that this minimum is fixed at two years whereas the Convention requires a minimum of three years’ sea service in the engine room. The Committee hopes that the Government will take steps in the near future to bring the national legislation into line with the provisions of Article 9 of the Convention and requests it to keep the Office informed of any new developments in this regard.

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The Committee notes that the Government refers in its report to the legal provisions under which fishing vessels of over 100 gross registered tons are required to carry a certificated engineer. However, the Committee draws the Government’s attention to the fact that the comments that it has been making for many years on the application of Article 5 of the Convention concern the requirement to carry a certificated mate, and not an engineer, on board fishing vessels of over 100 gross registered tons. The Committee hopes that the Government will adopt the necessary measures without further delay to bring its legislation into line with the requirements of this provision of the Convention.

Moreover, as regards minimum age, the Committee notes that, under the terms of section 0102 of Chapter 1 of NORMAM-13 of 2000 respecting the admission, registration, training and vocational qualification of seafarers, the minimum age required to be a sea fisher is 18 years. It also notes, from a reading of the document of the Department of Ports and Coasts of the Maritime Authority on the vocational training of fishers, that the certificate for the skipper of a fishing vessel engaged in inland navigation requires four years’ experience on board and that the certificate for a skipper of a fishing vessel engaged on the high seas requires two additional years of vocational experience. The Committee therefore understands that the minimum age to obtain these certificates is 22 and 24 years, respectively. The Committee however notes that the above document does not establish requirements relating to professional experience for the issue of certificates for mates and engineers, and that it is not therefore possible to calculate on this basis a minimum age to obtain these certificates. The Committee notes the Government’s indications that the rules applicable in this respect are set out in the general certification plan, contained in Schedule 2-A of NORMAM-13, which the Government has not however attached to its report. The Committee requests the Government to provide a copy of the relevant provisions of NORMAM-13 so that it can ascertain whether the provisions of Article 6, paragraph 1, of the Convention respecting the minimum age required to obtain the various types of certificates are complied with by the national legislation.

Finally, the Committee notes the information provided by the Government in reply to its previous comment concerning the experience prescribed for the issue of an engineer’s certificate of competency. The Committee notes the information provided by the Government in reply to its previous comment, and particularly the document of the Department of Ports and Coasts of the Maritime Authority on the vocational training of fishers. It notes in this respect that the above document envisages a minimum of two years’ professional experience on board a vessel for the issue of an engineer’s certificate (marinheiro de máquinas). It recalls that under Article 9, paragraph 1, of the Convention the minimum professional experience prescribed by national laws or regulations for the issue of an engineer’s certificate of competency must be three years in the engine room. The Committee notes the Government’s indication in its report that it will refer the matter to the Department of Ports and Coasts so that it can take the appropriate measures in this respect. The Committee hopes that the Government will rapidly bring its legislation into conformity with the Convention on this matter and requests it to keep the Committee informed of any development in this respect.

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The Committee notes the information contained in the Government’s last report, in particular the adoption of certain laws and regulations, such as Act No. 9.537 of 11 December 1997 (LESTA), Act No. 9.432 of 8 January 1997 (REB), Normative Instruction No. 14 of 29 October 1999, Interdepartmental Instruction No. 14 of 13 July 1999, Interdepartmental Instruction No. 19 of 2000, NORMAM-13 of 2000, on the entry, registration, training and professional certification of seafarers. The Committee wishes to draw the Government’s attention to the following points.

Article 5, paragraph 2, of the Convention. For many years the Committee has been commenting on the absence of an explicit provision requiring all fishing vessels of over 100 gross registered tons to carry a certificated mate. In its last report, the Government indicates that national legislation (NORMAM-13 of the Department of Ports and Coasts and Normative Instruction No. 14 of 29 October 1999 of the Ministry of Agriculture on the registration of professional fishermen) requires due certification for all crew members. The Committee, however, has not been able to identify any provision in the above texts giving effect to the specific requirement set out in this Article of the Convention. The Committee hopes that the Government will take the necessary steps without further delay to bring the legislation into conformity with the Convention.

Article 6, paragraph 1. The Committee notes the Government’s statement that there is no minimum age set for a skipper of a fishing vessel and that the minimum age in the case of an engineer is set at 18 years. Recalling that, according to this Article of the Convention, the minimum age prescribed by national laws or regulations for the issuance of a certificate of competency may not be less than 19 years in the case of mates and 20 years in the case of skippers and engineers, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the Convention is fully applied in this respect.

Article 9. Further to its previous comments, the Committee notes the Government’s indication that the national legislation (NORMAM-13 and Act No. 9.537 of 1997) provides for courses and qualifications through maritime training centres for all categories of crew of fishing vessels. The Committee would appreciate, however, if the Government would specify the provision requiring minimum professional experience of three years’ sea service in the engine room for issuing an engineer’s certificate on which the Committee has been commenting for some time past. The Committee hopes that the Government will take the appropriate action to ensure full compliance with the Convention in this regard.

Articles 14 and 15. The Committee welcomes the information provided by the Government describing the inspection system and the enforcement measures prescribed in the legislation. In particular, it notes the adoption of Act No. 9.537 prescribing penalties for breaches of the legislation implementing the Convention, Interdepartmental Instruction No. 14 of 13 July 1999 establishing the Special Port and Maritime Labour Inspection Unit and other regional units, and Interdepartmental Instruction No. 19 of 27 September 2000 on procedures for controlling conditions of work. In addition, the Committee notes the Government’s account on the current employment situation in the fishing sector and the objectives of the Fisheries Labour Inspectorate.

Part V of the report form. The Committee would be grateful if the Government would continue providing up-to-date information on the practical application of the Convention including, for instance, extracts of inspection reports or other relevant documents issued by the Special Port and Maritime Labour Inspection Unit showing the number and nature of infringements revealed, available statistics on the composition and capacity of the country’s fishing fleet, the number of competency certificates issued annually, etc.

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Article 5, paragraph 2 of the Convention. For many years the Committee has referred to the need for an explicit provision requiring all fishing vessels of over 100 gross registered tons, engaged in operations and areas to be defined by national laws or regulations, to carry a certificated mate. In its last report, the Government indicated that the national fishing fleet comprised low tonnage boats, rendering the provision of little relevance to the country. However, the Committee notes that the Ministry of Labour consulted the Navy Ministry regarding possible measures to be adopted in order to satisfy the requirements of the Convention and with a view to supplying all relevant information to the Office. The Committee trusts that in the next report the Government will provide information on the measures adopted to give effect to this article of the Convention.

Article 9, paragraph 1. Referring to its previous comments in which it noted the observation made by the National Confederation of Industry, which considered the professional qualification for crew members of fishing vessels to be insufficient, the Committee notes that the Navy Ministry has still not amended the regulations providing for the training and experience of engineers and chief engineers. The Committee trusts that the Government's next report will provide information on the measures taken in this respect.

Articles 14 and 15. The Committee requests the Government to provide information on the application of these Articles of the Convention in practice.

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Article 5, paragraph 2, of the Convention. Further to its previous comments, the Committee notes the information provided in the Government's report and the text of Instruction No. 17 of 10 April 1991. The Committee notes that the relevant amendment to section 3.2.2 of Instruction No. 57 of 12 September 1990 merely eliminates the previously existing possibility for a holder of a certificate of captain of a coastal fishing vessel to work as a mate on the same category of coastal fishing vessel. The Committee refers to its previous comments with regard to the need for an explicit provision that requires a certificated mate to be carried on all fishing vessels of over 100 gross registered tons engaged in operations and areas to be defined by national laws or regulations. It trusts the Government's next report will provide information on the measures taken or contemplated to give full effect to this Article of the Convention.

Article 9. The Committee notes the information that the Government intends to adopt internal standards to increase to three years the minimum period of experience on board required for first engineers and engineers. It recalls that the National Confederation of Industry (CNI) has drawn attention to this shortcoming and trusts the Government's next report will contain full details on measures to be taken in this regard.

Further to the comments submitted by the National Confederation of Land Transport (CNTT), the Committee notes the information that national legislation applies to all fishing vessels, including independent ones.

Part III of the report form. Please supply the information required in this part of the report form.

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The Committee notes the Government's report and the text of Ordinance (Portaría) No. 57 of 12 September 1990.

Article 5, paragraph 2, of the Convention. The Committee notes that neither the Government's report nor Ordinance No. 57 contains replies to its previous comments with regard to the need for an explicit provision that requires a certificated mate to be carried on all fishing vessels of over 100 gross registered tons engaged in operations and areas to be defined by national laws or regulations. It hopes the Government's next report will indicate the measures taken or comtemplated to give full effect to this Article of the Convention.

Article 9. The Committee notes with interest that the Government is considering a study on the possibility of increasing the minimum period of experience on board for first engineers and engineers to three years. It recalls that the National Confederation of Industry (CNI) has drawn attention to this shortcoming and hopes the Government's next report will contain full details of measures to be taken in this regard.

The Committee also recalls the comments submitted by the National Confederation of Land Transport (CNTT), concerning the application of this Convention to independent fishing vessels. Please supply the information requested in Part III of the report form as to the enforcement of legislation in respect of those vessels.

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Further to its observation, the Committee hopes that the Government's report will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information provided in response to its previous direct request, and in particular the adoption of relevant new legislation (Decree No. 87648 of 24 September 1982 respecting Regulations for Maritime Traffic; Instruction (Portaría) No. 485 of 24 March 1983, and Instruction (Portomarinst) No. 107406-A of 15 June 1983).

2. Article 5, paragraph 2, of the Convention. The Committee notes the Government's statement to the effect that the instrument of ratification (Decree No. 67341 of 5 October 1970) complies with the Convention's requirement that a certificated mate be carried on all fishing vessels of over 100 gross registered tons which are engaged in operations and areas to be defined by national laws or regulations. It also notes the Government's reiteration of the statement that the requirement of Article 5, paragraph 2, of the Convention is met implicitly by subparagraph 6.2 of Instruction No. 12352.3-A and by Notice No. I-221/77 of the Ministry of Labour. Pointing out that the manning requirements for fishing vessels contained in the national legislation do not include certificated mates (Decree No. 87.648, sections 51 and 134; Instruction No. 107406-A, section 4), and that the legislation does not appear to define the fishing vessels to which such requirements would apply, the Committee once again expresses the hope that an explicit provision may be adopted in order to bring the legislation into conformity with the Convention. In this regard, the Committee also draws the Government's attention to the provisions of Article 5, paragraph 5, of the Convention, which permit fishing vessels to put to sea without the full complement of certificated personnel, but only in individual cases and subject to certain conditions.

3. Article 9. The Committee welcomes the information supplied by the Government concerning the progress reported in extending the length of experience required for first engineers (conductor motorista) and engineers (motoristas), as reflected in the Maritime Vocational Training Programme (PREPOM/79), which according to the Government requires a minimum of three years on board for first engineers and one-and-a-half years on board for engineers. The Committee points out, however, that the legislation in force requires only two years' experience on board for first engineers and fails to fix any minimum period of experience for engineers (Instruction No. 485, sections 10(a), (b); Instruction No. 107406-A, sections 3.7 and 3.8). The Committee requests the Government to indicate the measures it envisages to bring the legislation into conformity with this Article of the Convention, which requires a minimum of three years' experience at sea for first engineers and a minimum period of service at sea of 12 months for engineers serving on smaller fishing vessels.

The Committee also notes the comments submitted by the National Confederation of Land Transport (CNTT) and the National Confederation of Industry (CNI) in September and October 1987, respectively, concerning the application of this Convention, which were transmitted to the Government for its comments. The Committee hopes that the Government will supply appropriate information on these matters.

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The Committee notes with regret that the Government's report has not been received. It hopes a report will be supplied for examination at its next session and that it will deal with the matters again referred to in a direct request.