Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Maritime Labour Convention, 2006 (MLC, 2006) - Togo (Ratification: 2012)

General questions on application. Implementing measures. The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes that the Republic of Togo had not previously ratified any of the maritime labour Conventions, however it has ratified the eight fundamental Conventions and the four governance Conventions. The Committee notes that, in the introduction to its report, the Government included a communication explaining that the legislation in force is currently Ordinance No. 29 of 12 August 1971 issuing the Merchant Shipping Code (hereinafter the 1971 Ordinance) which is not intended to ensure the implementation of the MLC, 2006. The Committee notes the Government’s indication that a draft revised Merchant Shipping Code is in the process of adoption. This is a first effort to bring the national legislation into conformity. However, the Committee notes the Government’s indication that, in light of the comparative analysis carried out in preparation for the tripartite workshop on the implementation of the MLC, 2006, by Togo in Lomé in October 2013, the draft that is currently under discussion has shortcomings. It will be amended and supplemented in the context of the adoption of future legislative measures and regulations with a view to giving full effect to the Convention. The Committee notes that the Government has provided only the text of the 1971 Ordinance with its report and that it does not provide a copy of the draft Merchant Shipping Code that is in the process of being adopted. However, the Committee notes that the plan (“roadmap”) adopted at the conclusion of the tripartite workshop held in Lomé in October 2013 referred to the possibility of bringing the draft Merchant Shipping Code into conformity during the adoption process. The amendments adopted at the conclusion of the workshop were intended to help the Government carry out the work of bringing the draft Merchant Shipping Code into conformity. Acknowledging the obsolete nature of the national legislation, the Government explains that maritime affairs have developed non-formalized practices, at the national level or commonly accepted at the international level, which it considers to be in conformity with usages that are in force in the maritime field and which it describes in its report. The Committee requests the Government to provide detailed information on the content of the practices to which it refers and, where appropriate, the national and international instruments on which they are based. While noting the explanations provided by the Government concerning its approach, the Committee draws the Government’s attention to the need to adopt the necessary laws and regulations or other measures in the near future to ensure the conformity of the national legislation with the MLC, 2006. In this regard, the Committee hopes that the Office will continue to provide the Government with technical assistance in the framework of the ongoing legislative reform, in order to bring the national legislation in line with the provisions of the Convention.

General questions on application. Competent authority and consultation. The Committee notes the Government’s indication that there are no formal organizations of seafarers or shipowners in Togo. It indicates that it wishes to promote the formalization of organizations of shipowners or seafarers in national territory. The Committee requests the Government to provide information on the actions taken at the national level to promote the emergence of the organized representation of shipowners and seafarers. It also emphasizes that, in accordance with Article VII of the MLC, 2006, any derogation, exemption or other flexible application of this Convention requiring consultation with shipowners’ and seafarers’ organizations may, in the absence of such representative organizations, be decided through consultation with the Special Tripartite Committee established under Article XIII.

Regulation 1.1 and the Code. Minimum age. With regard to work that is likely to jeopardize the health or safety of seafarers under the age of 18, the Committee notes the information provided by the Government indicating the absence of prohibition in this respect. The Committee emphasizes the urgency for the Government to adopt effective measures to prohibit any type of work that is likely to jeopardize the health or safety of seafarers under the age of 18, and to determine, in accordance with paragraph 4 of Standard A1.1, the types of work that are prohibited.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that there are two private recruitment and placement agencies in the country. The Government adds that their activities are not governed by any specific legislation. The Government indicates that a public employment agency operates in the country, but does not deal with seafarers. The Committee notes the Government’s indication that the Directorate of Maritime Affairs is authorized to deal with complaints made to it concerning the activities of recruitment or placement services operating on the territory of Togo. The Committee requests the Government to indicate the manner in which seafarers in Togo are recruited in practice to work on ships. The Committee also requests the Government to provide further information on the conditions under which such complaints are dealt with and any action taken on them.

Regulation 2.8 and the Code. Career and skill development and opportunities for seafarers’ employment. The Committee notes the Government’s indication that there are currently no national policies aimed at encouraging the career and skill development and employment opportunities of seafarers domiciled in the national territory. However, it specifies that an overall intersectoral employment policy was adopted in March 2014 and that the question of specifically taking into account the maritime sector is to be examined in the context of the future development of the policy. The Committee requests the Government to provide detailed information on national policies that are adopted in future intended to encourage career and skill development and employment opportunities for seafarers domiciled in the national territory and on the articulation of these sectoral policies with the overall intersectoral policy adopted in March 2014.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s indication that the legislation in force, namely the 1971 Ordinance issuing the Merchant Shipping Code, does not meet the requirements of the Convention concerning health and safety protection and accident prevention. The Committee requests the Government to take the necessary measures to bring the national legislation into conformity with the requirements of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee requests the Government to provide information on the evaluation of needs for seafarers’ welfare facilities in ports in Togo, in accordance with the requirement of Standard A4.4, paragraphs 2 and 3 of the MLC, 2006. In particular, it requests the Government to indicate whether the possibility of establishing a welfare board has been envisaged with a view to ensuring that welfare facilities and services are appropriate for the needs of seafarers. The Committee also requests the Government to provide information on the system for financing welfare facilities and services.

Regulation 4.5 and the Code. Social security. The Committee notes that the Government declared at the time of ratification of the MLC, 2006, the branches of social security considered in accordance with paragraphs 2 and 10 of Standard A4.5 of the MLC, 2006: old-age benefit; employment injury benefit; and family benefit. However, the Government indicates that these contingencies, and particularly old-age and invalidity, are covered by affiliation to the general social security scheme, while recognizing that such affiliation is not currently operational. The Government also indicates in its report that the criterion of coverage currently in force is that of the flag State. In this regard, the Committee draws the Government’s attention to the fact that each Member shall take steps according to its national circumstances to provide social security protection to all seafarers ordinarily resident in its territory, as required by paragraph 3 of Standard A4.5 of the Convention. The Committee requests the Government to bring the national legislation into conformity with this requirement of the MLC, 2006. The Committee also requests the Government to provide clarifications on the protection of seafarers ordinarily resident in Togo and who work on ships flying the flag of another country.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s explanations that Regulation 5.1 on flag State responsibilities contains new provisions that are without equivalent in the national legislation that is currently in force. While reminding the Government that it is required to provide all the documentary information required with its next report, the Committee requests the Government to provide a list of any recognized organizations that it has authorized to act on its behalf, specifying the functions that they have been authorized to carry out.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes the information provided by the Government according to which Togo has adhered, since 12 September 2007, to the Abuja Memorandum of Understanding (MoU). The annual report of the MoU for 2011 reports 47 inspections conducted by the Togo maritime authorities under this control mechanism. Among the relevant instruments for its port State control measures, the Abuja MoU refers to the MLC, 2006, the International Convention on Standards, Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW) and the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). The Committee recognizes the value of the coordinated implementation of inspections under port State control at the level of this regional organization. However, the Committee draws the Government’s attention to the fact that national authorities are under the obligation to give full effect to the provisions of the MLC, 2006, in their own legislation. With regard to the establishment of an effective port State control inspection and monitoring system to verify conformity with the requirements of the MLC, 2006, the Government indicates in its report that, with regard to this Convention, the “[maritime labour] certificate is verified in terms of its period of validity. It is also verified that it is indeed accompanied by a copy of the MLC, 2006.” The Committee requests the Government to provide detailed information on the procedures established at the national level to implement its port State responsibilities under the MLC, 2006.

[The Government is asked to reply in detail to the present comments in 2016.]