Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Brazil (RATIFICATION: 1994)

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Previous comment

Articles 6(16), 9, 10(12), (24) and (25), 12(8), and 16(4). Crew accommodation requirements. Referring to the provisions of Regulatory Norm No. 30 on safety and health of maritime labour (NR-30), the Committee had requested the Government to indicate how it gives effect to Articles 6(16),9(1), (2), (3) and (5), 10(24) and 12(8)(b) and (d) of the Convention. The Committee notes the Government’s reply in its report, that although the majority of Brazilian ships are excluded from the scope of application of the Convention pursuant to Article 1(3), it will take into account the Committee’s comments and discuss with employers and workers’ representatives about the feasibility of including them in in the next revision of Annex I of the NR-30. The Committee requests the Government to provide information on the measures taken to ensure full compliance with these provisions of the Convention.

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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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Articles 4 and 5 of the Convention. Planning and control of crew accommodation. While noting the Government’s explanations concerning the complaint-handling procedure followed by the Regional Coordinations of Port and Waterway Labour Inspection (CORITPAs), the Committee requests 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, as required under Articles 4 and 5 of the Convention. The Committee recalls, in this respect, that similar requirements are incorporated in paragraphs 10 and 11 of Annex III of the Work in Fishing Convention, 2007 (No. 188), which revises Convention No. 126.

Articles 6(9) and (16); 9, 10(12), (24) and (25); 12(8); and 16(4). Crew accommodation requirements. Further to its previous comment, the Committee notes the adoption of Decree-Order of the Labour Inspection Department-SIT No. 36 of 29 January 2008 approving Annex I to Regulatory Norm No. 30 on maritime labour, which sets out standards on occupational health and safety, hygiene and comfort on board vessels engaged in industrial and commercial fishing. The Committee also notes that NR-30 Annex I has been the result of a long process of tripartite consultations coordinated by the Labour Inspection Department and that it applies to all fishing vessels of at least 12 metres in length or of at least 10 gross tons. While noting the specific requirements on crew accommodation for new and existing fishing vessels contained in Appendices I and II of NR-30 Annex I, the Committee requests the Government to indicate how effect is given 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 (adequate lighting in all crew spaces); Article 10(12) (berths not to be arranged in tiers of more than two); Article 10(24) and (25) (sleeping rooms to be fitted with curtains for the sidelights and a mirror); Article 12(8)(b) (sanitary accommodation to be watertight up to at least 0.23 metre above the level of the deck); Article 12(8)(d) (water closets to be situated convenient to, but separate from, sleeping rooms and washrooms); and Article 16(4) (galley to be provided with facilities for preparation of hot drinks at all times). The Committee recalls that some of the above requirements are reflected in paragraphs 16, 19 and 29 of Annex III of Convention No. 188.

Part V of the report form. Practical application. The Committee notes that according to the statistical information provided by the Government, in the period 2008–10, 808 inspection visits have been carried out on board fishing vessels, the most frequently observed deficiency being the failure to ensure periodical cleaning of accommodation spaces. The Committee requests the Government to continue providing up-to-date information concerning the practical application of the Convention.

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The Committee notes the information contained in the Government’s report.

Articles 3(2) and 5(2), of the Convention. Inspection system. The Committee notes the Government’s indications concerning the mandate and staffing of the two National Port Labour Inspection Coordinating Offices, which operate under the Labour Inspection Secretariat and which are responsible for carrying out periodic inspection visits to vessels while in port. It also notes the information provided by the Government concerning the sanctions for violations of the labour legislation provided for in the Navigation Safety Act No. 9537/97 of 11 December 1997. The Committee would appreciate receiving additional information on the number and nature of any accommodation-related deficiencies reported in recent years on-board fishing vessels and the sanctions imposed as well as copies of any relevant official documents, such as guidelines or manuals, currently in use by port labour inspectors.

Articles 6 to 16. Crew accommodation requirements. The Committee notes the information concerning the ongoing work for the preparation of a technical annex to Regulatory Norm No. 30 on Maritime Labour which is expected to regulate the occupational safety and health conditions specific to industrial and commercial fishing and thus give effect to the detailed requirements of Part III of the Convention. According to the Government’s indications, a tripartite Committee on Fisheries has been established within the National Permanent Committee for the Maritime and Waterways Sector to formulate additional provisions to cover hygiene and comfort on board fishing vessels, especially as regards conditions of accommodation, cabins, bunks, mess rooms and recreation rooms, galleys, sanitary installations, areas for washing, drying and storing clothes. The Government adds that the new provisions will be based on ILO Conventions Nos 126 and 133, European Union standards on occupational safety and health in fishing and the recent FAO/IMO/ILO guidelines on safety and health on fishing vessels. Recalling that the Government has been reporting since 1996 that it is in the process of reviewing existing standards and drawing up new ones which would comply with the requirements of the Convention, the Committee requests the Government to keep it informed of any progress made in this respect, and to provide a copy of the fisheries annex to Regulatory Norm No. 30 as soon as it is finalized.

In this connection, the Committee wishes to draw the Government’s attention to the new Convention on work in the fishing sector, which was adopted at the 96th Session of the International Labour Conference in June 2007, and which aims at revising and bringing up to date in an integrated manner all existing ILO fishing instruments. The Committee trusts that in preparing the technical annex to Regulatory Norm No. 30, the tripartite Committee on Fisheries will give due consideration to the new comprehensive standard on fishers’ working and living conditions.

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In its previous comments the Committee had asked the Government to take measures to ensure the application of the provisions of Parts III and IV of the Convention. The Committee notes the Government’s indication that the specific provisions on crew accommodation will be incorporated in Regulatory Norm No. 30 on Maritime Labour, which had been formulated on a tripartite basis and currently was at the public consultation stage, following its official publication, pending possible amendments which may be suggested by organizations of shipowners and maritime workers. Such suggestions would be analysed by the Standing Tripartite Paritarian Commission, and a final norm would be consolidated and republished in the Official Gazette for dissemination and implementation.

The Committee hopes that the Government will be in a position in the near future to report on progress made and that the provisions to be adopted will ensure compliance of the national legislation with the requirements of the Convention. The Committee also asks the Government to transmit the text of Regulatory Norm No. 30 when adopted.

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The Committee notes the information provided by the Government in its report and the text of the legislation annexed to the report, with particular reference to the Regulations respecting Maritime Traffic (RTM), which establish principles to guide the examination and approval of plans for the construction of vessels and inspections; PORTOMARINST No. 20-092-A, of 25 February 1991, as amended, formulated by the Directorate of Ports and Coasts (DPC) of the Ministry of Maritime Affairs, which establishes rules for visits and inspections of vessels by Harbour Masters and their representatives and agents, and the classification societies recognized by the Government, in accordance with the requirements of the international Conventions ratified by the Government and those of the RTM and DPC.

Article 3, paragraph 2,(c) and (d), of the Convention. See the comments on the application of Article 4, paragraph 2, (c) and (d), of Convention No. 133.

Article 17. The Committee notes that the authorities responsible for analysing and inspecting plans for the construction and structural alteration of vessels may require the introduction of the modifications that are necessary for them to conform to this Convention. The Committee requests the Government to provide information on the measures which have been adopted or are envisaged to give effect to the provisions of the Convention in the cases covered by paragraph 1 of this Article of the Convention.

Articles 6 to 16. The Committee notes the Government's statement in its report that an effort is being made by the authorities responsible to revise or, where appropriate, require the formulation of provisions to give effect to these Articles. In this respect, the Committee reminds the Government of the obligation deriving from Article 3 to maintain in force laws or regulations which ensure the application of the provisions of Part III (crew accommodation requirements) and Part IV (application of the Convention to existing ships). The Committee requests the Government to supply information on the measures adopted for this purpose.

Point V of the report form. The Committee requests the Government to provide with its next report summaries of the reports of the inspection services, information on the number and nature of the contraventions reported, the number of seafarers covered by the measures which give effect to the Convention and any other information concerning the application of the Convention in practice.

The Committee hopes that in the near future the Government will adopt the necessary measures to give full effect to the provisions of the Convention.