Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Accommodation of Crews Convention (Revised), 1949 (No. 92) - Azerbaijan (Ratification: 1992)

The Committee notes the Government's report for the period from 1 June 1996 to September 1997. It requests the Government to provide further information on the following points:

Article 1, paragraph 1, of the Convention. The Committee notes that the Safety Requirements for sea-going vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the "Safety Requirements") in force in Azerbaijan provide that they are applicable to sea-going vessels of the Ministry of the Maritime Fleet of the USSR. The Committee requests the Government to indicate which governmental body is currently responsible for the purposes of the Safety Requirements. Please indicate whether privately owned vessels are within the jurisdiction of any such body.

Article 1, subparagraph 3(d). Please indicate whether tugs in the Republic of Azerbaijan are considered as vessels that do not have premises for stay of crew and passengers, for storage of reserve of food and fresh water, excluded by section 1.1.2 of the Sanitary Rules for sea-going vessels of the USSR, approved by the Chief Sanitary Doctor of the USSR (No. 2641-82, dated 25 December 1982 and No. 122-6/452-1 of 13 November 1984) (the "Sanitary Rules") from their scope.

Article 1, subparagraph 4(b). The Committee requests the Government to indicate whether the Safety Requirements are applicable to vessels engaged in whaling or in similar pursuits.

Article 3, paragraph 1. Please indicate whether the regulations on service on ships of the Ministry of the Maritime Fleet of the USSR, approved by Order No. 6 of the Ministry of the Maritime Fleet of the USSR, dated 9 January 1976, remain effective in the Republic of Azerbaijan.

Article 3, subparagraph 2(a). The Committee requests the Government to provide information about any reprints of the Sanitary Rules, the Rules of Accident Prevention on board sea-going vessels (RD 31.81.10-75), approved by Order No. 50 of the Minister of the Maritime Fleet of the USSR, dated 13 March 1975 (the "Rules of Accident Prevention") and the Safety Requirements in the Republic of Azerbaijan.

Article 3, subparagraph 2(c). Please indicate what penalties are prescribed for the violations of the laws and regulations that ensure the application of the Convention.

Article 3, subparagraph 2(d). The Committee requests the Government to indicate how cooperation is organized between different inspection services and provide information on the working of the inspection.

Article 3, subparagraph 2(e). Please indicate whether the legislation requires the competent authorities to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate with such parties in the administration thereof.

Article 4, paragraph 1. The Committee requests the Government to indicate what is the competent governmental authority that shall approve a plan of the ship from the point of view of its compliance with the Safety Requirements.

Article 5, subparagraph (a). Please indicate what provisions of the national legislation require the competent authority to inspect the ship on every occasion when it is registered or re-registered.

Article 5, subparagraph (c). Please indicate what provisions of the national legislation require the competent authority to inspect the ship upon the receipt of a complaint made by a recognized bona fide trade union.

Article 6, paragraph 2. Please indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets.

Article 6, paragraph 6. The Committee request the Government to indicate whether subsection 3.1.2.6 of the Sanitary Rules is applicable to exhaust pipes for winches and similar gear.

Article 6, paragraph 8. Please indicate the extent to which fire-prevention or fire-retarding measures are required to be taken in the construction of the accommodation.

Article 6, paragraph 11. Please indicate the specific provisions of the legislation of the Republic of Azerbaijan that set forth the requirements in respect of decks.

Article 6, paragraph 12. Please indicate the specific provisions of the legislation of the Republic of Azerbaijan that set forth the requirements in respect of the joinings with sides.

Article 7, paragraph 3. The Committee asks the Government to provide information: (i) whether in the Republic of Azerbaijan there are ships regularly engaged on voyages in the Tropics and the Persian Gulf; (ii) whether only electric fans are provided for in spaces; (iii) whether this ensures satisfactory ventilation and, if not, whether the sleeping rooms and mess rooms are provided with both electric fans and mechanical means of ventilation.

Article 10, paragraphs 2, 3 and 10. Please indicate whether the competent authority makes use of the exception as provided for in these paragraphs.

Article 10, paragraph 17. Please indicate the specific provisions of the legislation of the Republic of Azerbaijan that give effect to the requirement that the material of the berth shall not be likely to corrode or to harbour vermin.

Article 10, paragraph 19. Please indicate the specific provisions of the legislation of the Republic of Azerbaijan requiring that each berth shall be fitted with a spring bottom or a spring mattress and that stuffing of straw or other material likely to harbour vermin shall not be used.

Article 11, paragraph 1. The Committee notes that under subsection 2.3.1 of the Sanitary Rules mess room accommodations shall be provided only in respect of ships of Category I and Category II, but not in respect of all ships, as is required under the Convention. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 12, paragraph 1. The Committee notes that as distinct from section 55 of the previous version of the Sanitary Rules, approved on 22 July 1964, currently there is an explicit requirement to provide on an open deck a space or spaces to which the crew can have access when off duty only in respect of ships of Category I, and in the ships of Category II the arrangement of such space (spaces) is only recommended (subsection 2.6.1 of the Sanitary Rules). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 13, subparagraph 4(b). Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules the ships are required to have a separate water closet for every eight persons or less.

Article 13, paragraph 5. The Committee notes that subsections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules authorize the reduction in the number of facilities required in ships of Category IV, i.e. in ships engaged on voyages of not more than eight hours' duration. On the other hand, Article 13, paragraph 5, of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours' duration (or when the total number of the crew exceeds 100). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provisions of the Sanitary Rules into conformity with the Convention.

Article 13, paragraph 6. Please indicate whether the maximum amount of fresh water which the shipowner may be required to supply per man per day was fixed in consultation with the organizations of shipowners and/or shipowners and with the recognized bona fide trade unions of seafarers.

Article 13, paragraph 12. The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, the facilities for washing and drying clothes are mandatory only in ships of Category I and Category II, but in ships of Category III and IV such arrangement is only recommended. On the contrary, in accordance with Article 13, paragraph 12, of the Convention, facilities for washing and drying clothes shall be provided in all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provisions of the Sanitary Rules into conformity with the Convention.

Article 16, paragraph 3. The Committee requests the Government to indicate the provisions of the legislation of the Republic of Azerbaijan that give effect to Article 16, paragraph 3, of the Convention.

Article 17, paragraph 2. Please indicate the specific provisions of the legislation of the Republic of Azerbaijan that set forth the regularity of the inspections of crew accommodations.

The Committee also requests the Government to indicate specific provisions of the national legislation of the Republic of Azerbaijan, that give effect to Article 7, paragraph 5; Article 8, paragraph 2; Article 10, paragraphs 1, 8, 11, 14, 24, 25 and 28; Article 11, paragraphs 3, 4, 7 and 10; Article 13, paragraphs 2(a)-(d) and 7; Article 15, paragraph 2; Article 16, paragraphs 1, 2, 4 and 5; Article 18, paragraphs 3 and 4, of the Convention.

Part III of the report form. The Committee requests the Government to supply information on the organization and work of inspection.

Part VI of the report form. Please provide information on whether the copy of the report was communicated to the representative organizations of employers. Please also indicate whether any observations, either of a general kind or in connection with the present or the previous report, regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention, were received from representative organizations of workers or employers.

The Committee also requests the Government to provide copies of the following documents:

-- the latest version of the Labour Code of the Republic of Azerbaijan;

-- Law of the Republic of Azerbaijan on protection of labour;

-- Law of the Republic of Azerbaijan on the office of the prosecutor;

-- Regulations on service of accident prevention of the Caspian Shipping Company;

-- Regulations on the registry of the Republic of Azerbaijan;

-- Regulations on the inspection of the master of the port;

-- Regulations on the state body of supervision and control over protection of labour of the Republic of Azerbaijan;

-- Regulations on the trade union inspection, servicing the employees of maritime transport of the Republic of Azerbaijan;

-- Regulations on the bodies of sanitary supervision of the Republic of Azerbaijan.

[The Government is asked to report in detail in 2000.]