Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 3 of the Convention. Implementing legislation. The Committee notes the Government’s statement that the Order of the USSR Merchant Fleet Ministry No. 6 of 9 January 1976 is no longer in force, and that Cabinet Order No. 83 of 8 May 2000 now implements the Convention. In addition, the Government states that the Sanitary Rules for USSR maritime ships (Regulation No. 2641-82 of 25 December 1982 and 122-6/452-1 of 13 November 1984), ensure compliance with the Convention; that inspections to ensure such compliance are undertaken by port state inspectors under the auspice of the Maritime Port Authority; and that penalties for violations are carried out by port state inspectors, potentially in the form of ship detention, until deficiencies have been remedied. However, the Committee further notes the Government’s statement in its report under the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) that it is currently in the process of drawing up national legislation with respect to maritime sanitary regulations. The Committee further notes that the State Maritime Administration (RASMA) was established in 2006 under Presidential Decree No. 697, making the Administration responsible for flag and port state policies. The Committee requests the Government to provide additional explanations on any consultations with shipowners’ and seafarers’ organizations concerning the framing and administration of regulations related to crew accommodation, as required by this Article of the Convention, and also to transmit the text of any new laws or regulations that may be adopted on these matters.

Article 5. Ship inspection in case of complaint. Please specify the legal provisions that require an inspection of the crew accommodation of a ship every time that a complaint is submitted by a seafarers’ organization. The Committee recalls, in this respect, that the same provision has been incorporated in Standard A5.1.4(5) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 6(2). Design and construction. 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. The Committee recalls, in this respect, that the same provision has been incorporated in Standard A3.1(6)(e) of the MLC, 2006.

Article 10(1). Sleeping rooms. Please indicate the legal provision giving effect to this requirement of the Convention. The Committee recalls, in this respect, that the same provision has been incorporated in Standard A3.1(6)(c) of the MLC, 2006.

Article 11(1), 12(1) and 13(12). Mess rooms, open deck and washing/drying facilities. The Committee notes that sections 2.3.1, 2.6.1 and 2.8.1 of the Sanitary Rules provide for mess rooms, open deck area for recreation of crew and washing and drying facilities only for ships of category I and category II, but not in respect of all ships, as prescribed by these Articles of the Convention. The Committee accordingly requests the Government to take appropriate action in order to bring the provisions of the Sanitary Rules into line with the Convention. The Committee recalls, in this respect, that the same provision has been incorporated in Standard A3.1(10), (13) and (14) of the MLC, 2006.

Article 13(5). Sanitary facilities – exceptions. The Committee notes that sections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules permit the possible reduction in the number of sanitary facilities in ships of category IV, i.e. ships engaged on voyages of not more than eight hours’ duration. The Committee recalls, however, that Article 13(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. The Committee requests the Government to take the necessary steps in order to bring the provisions of the Sanitary Rules into conformity with the Convention. The Committee recalls, in this respect, that the same provision has been incorporated in Standard A3.1(11)(e) of the MLC, 2006.

Article 15(2). Office space. Please indicate the legal provision giving effect to this requirement of the Convention. The Committee recalls, in this respect, that a similar requirement is now reflected in Standard A3.1(15) of the MLC, 2006.

Part V of the report form. Practical application. The Committee would be grateful if the Government would supply up-to-date information on the practical application of the Convention, including for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspection results showing the number and nature of deficiencies observed in the field of crew accommodation, as well as copies of inspection forms and check lists currently in use.

Finally, the Committee seizes this opportunity to recall that most of the provisions of Conventions No. 92 and 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 would be grateful if the Government would keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.