Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Azerbaijan (Ratification: 1992)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report for the period from 1 June 1997 to 1 September 1998.

1. The Committee notes that there seem to be divergences between the provisions of the national legislation of Azerbaijan and Article 12, paragraph 2(c), of the Convention under which one washbasin shall be provided for every six persons or less, while under Chart 4 to the Sanitary Rules for seagoing vessels of the fishing fleet of the USSR, approved by the Chief Sanitary Doctor of the USSR on 22 December 1977 under No. 1814-77 (the "Sanitary Rules for the fishing fleet"), one washbasin is only provided for every eight persons. The Committee asks the Government to indicate the measures taken or envisaged to bring national legislation into conformity with the Convention on this point.

2. The Committee asks the Government to provide further information on the following points.

Article 1, paragraph 1. The Committee notes that in accordance with Part I of the Preamble to the Safety Requirements for Seagoing Vessels (RD 31.81.01﷓87), approved by the 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"), the Safety Requirements shall be applicable to seagoing vessels of the Ministry of the Maritime Fleet (including vessels that are constructed and purchased ready-made abroad). Please indicate whether at the time of the adoption of the Safety Requirements the seagoing ships of the fishing fleet in Azerbaijani SSR were placed under the authority of the Ministry of Maritime Fleet of the USSR or some other ministry (e.g. the Ministry of Fishing Industry of the USSR) and confirm whether the Safety Requirements are in fact applicable to the seagoing ships of the fishing fleet.

The Committee further notes that in accordance with section 1.1 of the Rules of Accident Prevention on Board of Seagoing Vessels (RD 31.81.10-91), approved by the Deputy Minister of Maritime Fleet on 17 September 1991 (the "Rules of Accident Prevention"), these Rules are applicable to the workers of navigation staff of all vessels and floating structures of the Ministry of Maritime Fleet that are in operation, under repair or standing idle. Please indicate whether at the time of the adoption of the Rules of Accident Prevention the seagoing ships of the fishing fleet in Azerbaijani SSR were placed under the authority of the Ministry of Maritime Fleet of the USSR or some other ministry (e.g. the Ministry of Fishing Industry of the USSR) and confirm whether the Rules of Accident Prevention (RD 31.81.10-91) in the Republic of Azerbaijan are in fact applicable to the seagoing ships of the fishing fleet.

Article 3, paragraph 1. The Committee asks the Government to confirm whether all rules and regulations indicated in the report are in fact applicable to fishing vessels in the Republic of Azerbaijan.

Article 3, paragraph 2(a). Please indicate the provisions of the laws and regulations giving effect to the Convention that require the competent authority to bring them to the notice of all persons concerned.

Article 3, paragraph 2(b). Please indicate the bodies and persons currently responsible for compliance with the laws and regulations giving effect to the Convention.

Article 3, paragraph 2(c). The Committee asks the Government to indicate whether the non-state body of supervision and control over the labour protection of the Republic of Azerbaijan mentioned in the report and the state body of supervision and control over labour protection in the Republic of Azerbaijan mentioned in the report under Convention No. 133 for the period from May 1992 to September 1995, is the same body or if these are two different bodies. Please also indicate how cooperation is organized between different inspection services.

Article 3, paragraph 2(d). Please indicate what penalties are prescribed for the violation of the laws and regulations of the Republic of Azerbaijan that ensure the application of the Convention.

Article 3, paragraph 2(e). The Committee asks the Government to indicate which provisions of laws and regulations of the Republic of Azerbaijan giving effect to the Convention require the competent authority to consult periodically the fishing vessel owners’ and fishermen’s organizations, where such exist, in regard to the framing of regulations, and to collaborate so far as practicable with such parties in the administration thereof.

Article 4. Please indicate the bodies currently responsible for coordination of documentation for construction, re-equipment and modernization of vessels.

Article 5, paragraph 1(a). The Committee asks the Government to indicate whether the competent authority shall inspect the vessel on every occasion when a fishing vessel is registered or re-registered and, if so, which provision of the national legislation establishes such requirement.

Article 5, paragraph 1(b). Please indicate whether the competent authority shall inspect the vessel on every occasion when the crew accommodation of a vessel has been substantially altered or reconstructed and, if so, which provision of the national legislation establishes such requirement.

Article 5, paragraph 1(c). The Committee asks the Government to indicate the procedure for making complaints to the competent authority in accordance with Article 5, paragraph 1(c). Please indicate whether the competent authority shall inspect the vessel on every occasion when such complaint is made; and, if so, which provision of the national legislation establishes such requirement.

Article 6, paragraph 3. The Committee asks the Government to indicate whether effect is given to this provision in vessels of category III and category IV. Please indicate the specific provision of the national legislation requiring that part of the bulkhead separating fish holds and fish meals rooms, spaces for machinery, galleys, lamp and paint rooms, engine, deck and other bulk store rooms, drying rooms, communal wash places and water closets from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and shall be watertight and gastight.

Article 7, paragraph 4. Please indicate whether in vessels of category III and category IV, where no artificial ventilation is provided, it is required to equip them with electric fans.

Article 8, paragraph 3. The Committee asks the Government to indicate whether in the national legislation there is an explicit prohibition of heating by means of open fires.

Article 9, paragraph 2. Please indicate whether two independent sources of electricity are required and, if not, whether additional lighting shall be provided by properly constructed lamps or lighting apparatus for emergency use.

Article 10, paragraphs 3(a) to 3(d). The Committee asks the Government to indicate what are the standards concerning the size of berths, tables, chairs, lockers, sofas and other vessels’ furniture.

Article 10, paragraph 8. Please indicate whether any use has been made of the exceptions provided for in this provision of the Convention.

Article 10, paragraph 9. Please indicate whether for sleeping rooms the inscription on the door shall indicate the maximum number of persons to be accommodated in this room.

Article 11, paragraph 1. The Committee asks the Government to clarify whether mess room accommodations shall be provided in all vessels carrying a crew of more than ten persons.

Article 12, paragraph 1. Please confirm that the crew does not live permanently on board vessels engaged in voyages of not more than 24 hours when in port and, if so, indicate the specific provision of the national legislation imposing such prohibition.

Article 13, paragraph 1. The Committee asks the Government to clarify whether a sick bay is required on vessels of 45.7 metres but below 65 metres in length and, if so, to indicate the specific provision of the national legislation establishing such requirement.

Article 13, paragraph 2. Please indicate how the competent authority gave consideration to the Ships’ Medicine Chests Recommendation, 1958 (No. 105), and the Medical Advice at Sea Recommendation, 1958 (No. 106).

Article 16, paragraph 4. Please confirm that the crew does not live permanently on board vessels of category III and category IV, engaged in voyages of eight hours or less, when in port.

Article 17, paragraph 4. The Committee asks the Government to indicate whether the competent authority has required certain alterations to be made in fishing vessels in the cases covered by Article 17, paragraph 4, of the Convention.

The Committee also asks the Government to indicate the specific provisions of the national legislation that give effect to Article 6, paragraphs 2, 4, 7, 9, 10, 11, 13, 14; Article 7, paragraphs 3 and 5; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26; Article 11, paragraphs 7 and 8; Article 12, paragraphs 7 and 11; Article 15; and Article 16, paragraph 6, of the Convention.

Part III of the report form. Please provide information on the organization and working of inspection.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Azerbaijan.

Part VI of the report form. Please indicate representative organizations of employers to which copies of the report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.

3. The Committee asks the Government to provide copies of the following documents:

-  Law of the Republic of Azerbaijan on the labour protection, dated 29 August 1992;

-  Sectoral Standard "Ships of the fishing fleet. General requirements of safety.", approved on 31 January 1980 under No. 50 (OST 15.210-79);

-  Sectoral Standard "Ships of the fishing fleet. Routs, communications, ladders, ramps. Safety requirements", approved on 31 January 1980 under No. 50 (OST 15.211-79);

-  Sectoral Standard "Ships of the fishing fleet. Ship’s accommodations. Safety requirements.", approved on 31 January 1980 under No. 50 (OST 15.214-79);

-  Rules concerning Accident Prevention on Vessels of the Fishing Fleet of the USSR;

-  Regulations on service on vessels of the fleet of the fishing industry of the USSR.