Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Maritime Labour Convention, 2006 (MLC, 2006) - Senegal (Ratification: 2019)

The Committee takes note of the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006) and of the efforts made by the Government and the social partners to give effect to the Convention. The Committee notes that the Government had not ratified any maritime labour Conventions before the MLC, 2006. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Senegal on 19 September 2019, at the same time as the Convention. The Committee notes that Senegal has not submitted a declaration of acceptance of the amendments to the Code approved in 2018 by the International Labour Conference and is therefore not bound by these amendments. The Committee draws the Government’s attention to the matters raised below and reserves the right to return to other matters subsequently if it deems it necessary to do so.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s indication that the MLC, 2006, is mainly implemented through the 2002 Merchant Shipping Code (CMM) and the Decree regulating the application of Act No. 2002-22 of 16 August 2002 on the Merchant Shipping Code. The Committee notes that the CMM provides that several additional regulatory measures will need to be adopted in order to clarify the conditions for the application of some of its provisions. The Committee notes the Government’s indication that the CMM is undergoing revision taking into account certain requirements of the Convention, although the Government did not provide a copy of this draft legislation. The Committee also notes that the Government refers to the 1975 collective agreement establishing the conditions of employment of merchant navy officers and seafarers, without providing the text of this collective agreement or any revisions thereto subsequent to its adoption. The Committee further notes the national inter-professional collective agreement of 27 May 1982, as last revised on 30 December 2019. The Committee observes, however, that the application of this inter-professional agreement to seafarers working on board commercial vessels is unclear and the Government does not refer to it. The Committee requests the Government to provide all of the legislative, regulatory and conventional measures adopted or under preparation giving effect to the Convention. The Committee requests the Government to provide a completed copy, as required by Standard A5.1.3, paragraph 12, of the maritime labour certificate, and of the Part I of the Declaration of Maritime Labour Compliance (DMLC), as well as an example or examples of the Part II of the DMLC prepared by the shipowner and accepted by the competent authorities when certifying a ship or ships.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that Book IV of the CMM, on “seafarers”, is applicable to the seafarers’ employment agreement of every “seafarer”, of any nationality, on board a Senegalese ship. The Committee notes, however, that the terms “mariner” and “seafarer” are not defined in the CMM. The Committee notes the Government’s indication that the draft revision of the CMM should include the definition provided by the MLC, 2006, and that there have been no cases where the matter of whether any categories of persons are to be regarded as seafarers has posed a problem. Recalling that Article II, paragraphs 1(f) and 2 of the Convention provides that this Convention applies to all “seafarers”, defined as a person who is employed or engaged or works in any capacity on board a ship to which this Convention applies, the Committee requests the Government to provide detailed information on the definition of the terms “mariner” and “seafarer” in Senegalese law, and to continue to provide information on any decision concerning doubt as to whether any categories of persons are to be regarded as seafarers, as defined in the Convention, as well as on the consultations preceding such a decision. The Committee notes that Chapter III of Book IV of the CMM, on seafarers’ employment agreements, contains two sections, one of which sets out the provisions specifically applicable to the ship’s master. The Committee requests the Government to indicate whether the ship’s master is also covered by the first section of this chapter, which contains the principal measures in connection with Regulation 2.1 and Standard A2.1.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. Noting the Government’s indication that there have been no cases of doubt as to whether a boat or category of boats is a “ship”, as defined in the Convention, and that no different implementing measure, within the meaning of Article II, paragraph 6, has been adopted with respect to ships of less than 200 gross tonnage not engaged in international voyages, the Committee requests the Government to provide detailed statistics on the number of ships registered in Senegal that are subject to the MLC, 2006, distinguishing between those with a gross tonnage of : (1) more than 3,000 tonnes; (2) less than 3,000 tonnes and greater than or equal to 500 tonnes; (3) less than 500 tonnes and greater than or equal to 200 tonnes; (4) less than 200 tonnes.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes the Government’s indication that the minimum age for work on board any ship is fixed at 16 years. However, section 205 of the CMM stipulates that “a minor on board for deck, machine or general service shall be termed a ship’s boy, if under the age of 16 years, and a novice if under the age of 18 years.” The Committee also notes the Government’s indication that, for minors aged from 15 years on board ship for the purpose of apprenticeship or as trainees, working conditions are established by the regulations and the ship’s master is required to ensure that these rules are respected. Recalling that Standard A1.1, paragraph 1, provides that persons below the age of 16 shall not be employed or engaged or work on a ship, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to these provisions of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Work likely to jeopardize the health and safety of young seafarers. The Committee notes that section 417 of the CMM provides that minors may only be employed on board in work and services which correspond to their physical capacities and to the performance of their duties, and that they may not be employed in machinery compartments for more than four hours per day or in work harmful to their health or normal development. The Committee notes that Ministerial Order No. 3750 of 6 June 2003 establishes the nature of the hazardous types of work prohibited for children and young persons and, inter alia, prohibits the employment of children as stokers on board ship and industrial or artisanal fishing vessels. The Committee observes, however, that this order is of general application and recalls that Standard A1.1, paragraph 4 provides that the employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work is likely to jeopardize their health or safety and that the types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with relevant international standards. The Committee requests the Government to indicate the types of work on board for which the employment, engagement or work of seafarers under the age of 18 is prohibited and to provide detailed information on the consultations held in order to determine these.

Regulation 1.3. Training and qualifications. The Committee notes the Government’s indication that effect is given to the provisions of the Convention relating to the training and qualification of seafarers through Decree No. 2002-933 of 3 October 2002 concerning the issuance of maritime vocational training certificates and conditions of work on board commercial and fishing vessels and pleasure boats with a crew list. The Committee requests the Government to provide a copy of this Decree. With regard to the requirement that all seafarers successfully complete training for personal safety on board ship (Regulation 1.3, paragraph 2), the Government refers to section 15 of Decree No. 2016-933 of 5 July 2016 on the health of seafarers, which deals only with the requirement for every seafarer to undergo minimal first-aid training. The Committee requests the Government to indicate the measures which ensure that seafarers are only authorized to work on board a ship if they have successfully completed training for personal safety on board ship, in accordance with Regulation 1.3, paragraph 2.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that some private organizations have been approved by the Maritime Authority to carry out activities involving the placement of seafarers. As such, they operate legally as employers and are subject to the same social protection schemes as those in place in Senegal. The Committee notes that section 294 of the CMM provides that recruitment and placement for seafarers shall not be carried on by any person, company or agency for pecuniary gain, nor shall any fees be charged directly or indirectly by any person, company or other agency, for finding employment for seafarers on any ship. The Committee notes, however, that the detailed requirements of Standard A1.4, paragraphs 2, 5 and 9 are not taken into account by the CMM. The Committee notes, with regard to the system of protection to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them (Standard A1.4, paragraph 5(c)(vi)), that steps are being taken by seafarers’ placement agencies to take out private insurance policies for seafarers. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A1.4, paragraphs 2, 5 and 9. The Committee requests the Government to provide information on the outcome of the steps taken by employment agencies to take out private insurance policies for seafarers, including on the conditions of subscription and the scope of the guarantees offered.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that section 306 of the CMM provides that the seafarers’ employment agreement must be set out in such clear terms as to leave the parties in no doubt concerning their respective rights and obligations. All clauses and provisions of the employment agreement must be entered or listed in the crew list for the agreement to be considered valid. The Committee also notes that section 109 of the Decree regulating the application of Act No. 2002-22 of 16 August 2002 on the Merchant Shipping Code specifies that the crew list must indicate, for every member of the crew: (a) surname and name; (b) date and place of birth; (c) parents’ names; (d) nationality; (e) identification number and location; (f) conditions of employment; (g) duties performed on board and qualification. Noting that this information does not correspond to the particulars that are to be included in seafarers’ employment agreements, in accordance with Standard A2.1, paragraph 4, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to this provision of the Convention.

Regulation 2.2 and Standard A2.2, paragraph 1. Wages. Regular payment. The Committee notes that sections 351 et seq. of the CMM provide for different options for remuneration, including monthly remuneration, for the payment of wages in the national territory no more than five days after the end of the month for which the wages are due. With regard to other options for remuneration, in particular for travel contracts, section 372 of the CMM does not uphold the principle of monthly payment. The Committee recalls that Standard A2.2, paragraph 1 provides that each Member shall require that payments due to seafarers working on ships that fly its flag are made at no greater than monthly intervals and in accordance with any applicable collective agreement. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A2.2, paragraph 1.

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes that section 376 of the CMM provides that the seafarer may only transfer their wages or a part thereof to a person who is their legal or actual dependant. Such a transfer may not exceed two thirds of the total amount of the wages or share of profits due. The Committee recalls that Standard A2.2, paragraphs 3 and 4 provides that seafarers must have a means to transmit, as they choose, all or part of their earnings to their families or dependants or legal beneficiaries, by means of bank transfers or similar means. The Committee requests the Government to indicate the measures taken or under preparation to give full effect to Standard A2.2, paragraphs 3 and 4. The Committee also recalls that Standard A2.2, paragraph 5 provides that any charge for the service shall be reasonable in amount, and the rate of currency exchange, unless otherwise provided, shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer. Noting that the CMM does not address the issue of the cost of the transfer borne by the seafarer, the Committee requests the Government to explain how it gives effect to Standard A2.2, paragraph 5.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that the chapter of the CMM relating to the conditions, organization and hours of work on board is not applicable to the ship’s master, chief mate or chief engineer, the commissioner or any other chief service officer who does not take the watch (sections 398 and 401). The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to the requirements of Regulation 2.3 and Standard A2.3 for all categories of seafarers, within the meaning of the Convention, who are not subject to the provisions of the CMM with regard to the conditions, organization and hours of work on board.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes that section 399 of the CMM provides that the hours of work of seafarers, irrespective of the specific category to which they belong, may not exceed, on board ships that fly the Senegalese flag, the statutory hours of work as established in the current regulations. The Committee notes, however, that the Government provides no indication of the relevant regulations and that the CMM provides for a system of overtime. The Committee notes that section 410 of the CMM provides that the work on board ships of seafarers in the catering service may not exceed 12 hours, without however specifying the maximum weekly hours. The Committee recalls that, in accordance with Standard A2.3, paragraph 2, each Member is required to fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time, taking into account the limits set out in Standard A2.3, paragraph 5. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to the requirements of Standard A2.3, paragraphs 2 and 5.

Regulation 2.3 and Standard A2.3, paragraphs 3 and 6. Hours of work and hours of rest. Normal working hours standard and division of hours of rest. The Committee notes that section 408 of the CMM stipulates that the work, on board ships, of deck ratings and engine ratings shall be performed on the basis of the watch system. The duration of a watch is four hours. The required duration of a break between two watches outside the port area is 16 hours. Recalling that Standard A2.3, paragraph 6 provides that hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A2.3, paragraph 6, irrespective of the ship’s operating conditions.

Regulation 2.3 and Standard A2.3, paragraphs 1, 7, 8, 9 and 14. Hours of work and hours of rest. Definition of hours of work, drills, on call work, immediate safety and distress at sea. The Committee notes, first of all, that several sections of the CMM provide that some duties required of seafarers are not accounted as working time. These include extra work for the purposes of customs or quarantine or other health formalities; normal and necessary work by officers for the determination of the position of the ship and for making meteorological observations; and extra time required for the normal relieving of watches (section 407). The Committee recalls that hours of work, within the meaning of Standard A2.3, paragraph 1 and for the implementation of the requirements of Standard A2.3, means time during which seafarers are required to perform work on account of the ship. The Committee further notes that section 407 of the CMM provides that work that the ship’s master deems to be necessary and urgent for the safety of the vessel, cargo or persons on board; the work required by the ship’s master for the purpose of giving assistance to other vessels or persons in distress; and the musters, fire, lifeboat and similar drills of the kind prescribed by the International Convention for the Safety of Life at Sea are not included in normal working hours or deemed to be overtime. In this respect, the CMM does not specify whether the musters, firefighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue (Standard A2.3, paragraph 7); nor does it specify whether compensatory rest is allowed for work on call or for work required for immediate safety and distress at sea (Standard A2.3, paragraphs 8 and 14). The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A2.3, paragraphs 1, 7, 8, 9 and 14.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that section 394 of the CMM provides that crew members of foreign nationality put ashore or abandoned in a Senegalese port during or at the end of their contract have the right to be returned to their country of residence, the port of recruitment or the port of the ship’s departure, according to their choice, unless otherwise specified in the employment agreement or a subsequent agreement. Underscoring that the seafarer’s right to repatriation, irrespective of their nationality, should also include the possibility of repatriation from a State other than Senegal, the Committee recalls that Standard A2.5.1, paragraph 1 provides that each Member shall ensure that seafarers on ships that fly its flag are entitled to repatriation in the following circumstances: (a) if the seafarers’ employment agreement expires while they are abroad; (b) when the seafarers’ employment agreement is terminated: (i) by the shipowner; or (ii) by the seafarer for justified reasons; and also (c) when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A2.5.1, paragraph 1.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that the CMM does not provide for the maximum period of service on board. The Committee recalls that pursuant to Standard A2.5.1, paragraph 2(b), the maximum duration of service periods on board shall be “less than 12 months”. In this respect, it notes that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous duration of service periods on board without leave is, in principle, 11 months. The Committee therefore requests the Government to indicate the maximum duration of service periods on board applicable to ships that fly the Senegalese flag and to indicate the measures adopted to ensure compliance with Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that section 391 of the CMM provides that repatriation shall be deemed to have been assured when the seafarer is provided with suitable employment on a vessel going to the Senegalese port of embarkation. When repatriated as a crew member, the seafarer shall be entitled to remuneration for services performed during the voyage. The Committee recalls that Regulation 2.5, paragraph 1, states that seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions specified in the Code. The Committee underscores that while repatriation is a right that can be waived by the seafarer, there is no provision in the Code that the shipowner may be considered to have fulfilled their duty to repatriate simply by offering a seafarer employment, albeit suitable and remunerated, on board a ship going to the repatriation destination. The Committee requests the Government to align its national legislation with the Convention on this point.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that sections 391, 393 and 394 of the CMM set out different circumstances in which the costs of repatriation may be charged to the seafarer, for example, when they have committed an error. The Committee recalls that Standard A2.5.1, paragraph 3 takes a strict view of the question of charging the costs of repatriation to the seafarer in cases where, under national law, they are entitled to be repatriated, and provides that each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligation. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s indication, with regard to the 2014 amendments, that the national legislation does not require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment, as required by Standard A2.5.2. The Committee recalls that financial security for repatriation is one of the general areas that are subject to a detailed inspection by an authorized officer in a port of a Member carrying out a port State inspection pursuant to Standard A5.2.1 (Appendix A5-III). The Committee requests the Government to indicate the measures taken or under preparation to give full effect to Standard A2.5.2. The Committee also requests the Government to provide a copy of a model certificate or any other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1 and the Code. Accommodation and recreational facilities. While noting the Government’s indication that no derogation or exemption has been granted in connection with the application of Standard A3.1, the Committee notes that the provisions of the CMM relating to accommodation do not apply to ships under 30 gross tonnage. The Committee recalls that Standard A3.1, paragraph 21, allows exemptions only where they are expressly permitted in the Standard and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee requests the Government to provide detailed information on all derogations and exemptions granted in respect of the implementation of Standard A3.1, and on the prior consultations carried out for this purpose with shipowners’ and seafarers’ organizations. The Committee notes the Government’s indication that the requirements of the Convention relating to accommodation and recreational facilities are given effect by means of sections 384 to 389 of the CMM and sections 130 to 137 of the Decree regulating the application of Act No. 2002-22 of 16 August 2002 on the Merchant Shipping Code. However, the Committee observes that these provisions anticipate and make necessary the adoption of additional regulatory measures in connection with the implementation of the detailed requirements of Standard A3.1, paragraphs 6 to 11, 13 to 16 and 19. The Committee requests the Government to indicate all measures adopted or under preparation to give full effect to Standard A3.1, paragraphs 6 to 11, 13 to 16 and 19, and to specify which measures applicable to ships built before the date of entry into force of the MLC, 2006, for Senegal ensure seafarers working or living on board these ships decent accommodation and recreational facilities consistent with promoting their health and well-being in accordance with the national legislation (Regulation 3.1, paragraph 1). The Committee notes that, under section 386 of the CMM, inspections must be conducted by the Maritime authority on any ship in order to ensure that crew accommodation complies with the legal and regulatory requirements. However, the Committee notes that while under this section such inspection is compulsory when a ship is first registered in a Senegalese port, it appears to be dependent upon the submission of a written complaint by a seafarers’ organization or by part of the crew in the event of a substantial change. The Committee recalls that Standard A3.1, paragraph 3 provides that these inspections are required when a ship is registered or re-registered and when the seafarers’ accommodation on a ship has been substantially altered, without making the conduct of such inspections conditional upon a complaint by the crew. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A3.1, paragraph 3. The Committee notes the Government’s indication that the inspections of seafarers’ accommodation to be carried out on board by or under the authority of the ship’s master are provided for by section 127 of the Decree regulating the application of Act No. 2002-22 of 16 August 2002 on the Merchant Shipping Code, which however concerns only inspections related to food and catering. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A3.1, paragraph 18.

Regulation 3.2 and the Code. Food and catering. The Committee notes that section 383 of the CMM provides that seafarers have the right to food throughout the duration of their registration on the crew list but does not specify whether they are provided with food free of charge. Recalling that Regulation 3.2, paragraph 2 provides that seafarers on board a ship shall be provided with food free of charge during the period of engagement, the Committee requests the Government to indicate how it ensures that full effect is given to this requirement of the Convention. The Committee notes the Government’s indication that the requirements of the Convention relating to food and catering are given effect through sections 382 and 383 of the CMM and sections 122 to 129 of the Decree regulating the application of Act No. 2002-22 of 16 August 2002 on the Merchant Shipping Code. However, the Committee observes that these provisions anticipate and make necessary the adoption of additional regulatory measures notably specifying: (1) the composition of the daily minimum rations that must be provided to seafarers on the different categories of ships; (2) the conditions of inspection, on board ships that fly the Senegalese flag, of food and water supplies and of the accommodation, arrangements and equipment on board ship for the storage, handling and preparation of food; (3) the conditions under which, at specified intervals, the ship’s master or an officer specially designated by the master for that purpose, accompanied by a member of the ship’s crew, inspects the food and water supplies, as well as the equipment and facilities for food and water storage and for the preparation and service of meals; (4) the conditions for the issuance of diplomas or certificates of competence to staff members for whom specific qualifications are required. The Committee requests the Government to indicate the measures adopted or under preparation under sections 382 and 383 of the CMM and sections 122 to 129 of the associated decree, necessary to give full effect to Standard A3.2, paragraphs 2 to 7.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that while section 432 of the CMM stipulates that the shipowner shall be obliged to defray, under certain circumstances, the expenses of seafarers’ medical care, the Government indicates that the measures currently in force do not guarantee that, under certain circumstances, the shipowner and/or the ship’s master authorize seafarers to consult without delay a qualified medical doctor or dentist in ports of call, where practicable. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A4.1, paragraph 1(c). The Committee notes that section 21(c) of Decree No. 2016-933 of 5 July 2016 on the health of seafarers provides that the ships required to have a doctor or nurse on board shall be determined by an order of the Minister responsible for merchant shipping, according to the duration and conditions of the voyage, the type of ship and the number of seafarers and passengers on board. Noting that the current laws and regulations do not require every ship carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration to carry a qualified medical doctor responsible for providing medical care, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A4.1, paragraph 4(b).

Regulation 4.2 and Standard A4.2.1, paragraphs 1(a) and (c). Shipowners’ liability. Minimum standards. Sickness and injury. Expenses of medical care and board and lodging away from home. The Committee notes that section 431 of the CMM provides that “if the seafarer is injured while in service on board ship or falls ill at sea, after the ship has left the port or the seafarer is no longer on board the latter is entitled to all necessary medical care, the cost of which shall be borne by the shipowner.” It also provides that the shipowner shall be responsible for “seafarers who fall ill between the date of their boarding and the departure date of the ship, or after the date of their boarding and before boarding any other ship with the same shipowner. In the latter case, it must be established that the illness was contracted in the service of the ship.” The Committee requests the Government to clarify whether shipowners are liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates, in accordance with Standard A4.2.1, paragraph 1(a). The Committee notes that section 424 of the CMM provides that a seafarer “who is injured in service of the ship or who falls ill while on board shall be treated at the expense of the ship.” “A seafarer who is landed as a result of an accident or injury far from a Senegalese port shall retain their right to care and wages until the date of their repatriation, irrespective of the cause of the injury or illness.” The Committee recalls that Standard A4.2.1, paragraph 1(c) provides that shipowners shall be liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character. The Committee requests the Government to clarify whether the right to care includes board and lodging for the sick or injured seafarer away from home and whether this right to care continues until the seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character, as required by Standard A4.2.1, paragraph 1(c).

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes the Government’s indication that, in the context of collective bargaining, the principle of payment of a death benefit, payable by the shipowner, in the event of the death of a seafarer in the performance of their seafarers’ employment agreement was retained. The amount is established by agreement and included in the provisions of the agreement. The Committee notes, however, that the current laws and regulations do not take into account the 2014 amendments relating to shipowners’ liability (Standards A4.2.1 and A4.2.2). The Committee recalls that, in accordance with Standards A4.2.1 and A4.2.2, in order to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, national laws or regulations must provide for financial security meeting certain minimum requirements. Recalling that financial security for shipowners’ liability is one of the general areas that are subject to a detailed inspection by the port State carrying out an inspection pursuant to Standard A5.2.1 (Appendix A5-III), the Committee requests the Government to adopt the necessary measures to give full effect to Standards A5.2.1, paragraphs 8 to 14, and A2.5.2 and to provide detailed information on the effect given to these provisions. It also requests the Government to provide a copy of a model certificate or any other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that section 350 of the CMM provides that the shipowner is required to ensure compliance with hygiene, habitability and safety requirements at work on board ship. The Committee notes that Decree No. 2016-933 of 5 July 2016 on the health of seafarers defines the mandate of the Seafarers’ Health Service with regard to occupational risk prevention. The Committee notes that the Government refers to decrees from 2006 although it does not indicate which decrees or their scope. Noting that the legislation and other measures necessary to give full effect to Regulation 4.3 and Standard A4.3 have not yet been adopted, the Committee requests the Government to provide detailed information on all measures under preparation for this purpose.

Regulation 4.5 and the Code. Social security. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: medical care, employment injury benefit and family benefit. The Committee notes that several sections of the CMM provide that seafarers are entitled to benefits under the general social security scheme (in particular with regard to family benefits) or through the Senegal Pension Insurance Institution. The Committee notes that the Social Security Code, which covers the family benefits and employment injury branches, is applicable to employees covered by the CMM. The Committee notes that the CMM provides for the affiliation of seafarers on board Senegalese ships to the social security scheme. For seafarers on board foreign ships, this affiliation must be provided for in the seafarers’ employment agreement and the contributions must actually have been paid. The Committee notes that the Government provides no information in its report on the manner in which effect is given to Regulation 4.5 and to Standard A4.5. The Committee recalls that Standard A4.5, paragraph 3 provides that each Member shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. This responsibility could be satisfied, for example, through appropriate bilateral or multilateral agreements or contribution-based systems. The resulting protection shall be no less favourable than that enjoyed by shoreworkers resident in their territory. The Committee requests the Government to indicate all measures adopted or under preparation giving full effect to Regulation 4.5 and to Standard A4.5. The Committee requests the Government to provide detailed information on the manner in which the social security coverage provided for by the CMM and the Social Security Code is granted in practice to seafarers ordinarily resident in Senegal and on any obstacles encountered with regard to their affiliation or access to benefits. The Committee requests the Government to provide detailed statistics on the number of seafarers actually affiliated to Senegalese social security institutions.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s indication that periodic and/or unannounced inspections are organized by a team of maritime safety inspectors, with the occasional participation of the Seafarers’ Medical Service and the Seafarers’ Directorate, for the purpose of checking seafarers’ working and living conditions on board ships as well as hygiene and habitability conditions and the compliance and validity of seafarers’ documents. The Committee notes that several sections of the CMM establish a system of inspection visits under the authority of a central committee and local ships’ safety committees. However, the Committee notes that pending the adoption of the measures necessary to give effect to the Convention, the inspection procedures provided for by the CMM do not reflect the requirements of Regulation 5.1.4 and Standard A5.1.4, on the establishment of an effective and coordinated system of regular inspections, monitoring and other control measures, to verify that Senegalese ships comply with the requirements of the MLC, 2006, as implemented in national laws and regulations. The Committee also notes that section 82 of the CMM provides that “approved classification societies may be authorized to participate in the inspections carried out by safety committees on Senegalese ships. The tasks entrusted to them shall be established by order of the Minister responsible for merchant shipping, approving these companies in Senegal.” The Committee notes that the Government refers to an order concerning recognized organizations and classification societies, without however providing it. The Committee also notes that the Government has not provided the International Labour Office with a list of recognized organizations authorized to act on its behalf, specifying the functions that they have been authorized to carry out (Standard A5.1.2, paragraph 4). The Committee notes that the requirements of Regulation 5.1.3 and Standard A5.1.3 concerning the maritime labour certificate and declaration of maritime labour compliance are not taken into account by the current laws and regulations. The Committee notes that sections 709 et seq, of the CMM establish a complaints procedure whereby seafarers’ complaints are dealt with by the ship’s master or, when that is not possible, by the shipowner or the maritime authority. The Committee notes, however, that this provision does not meet certain requirements of Regulation 5.1.5 and Standard A.5.1.5, including the right of the seafarer to be accompanied or represented during the procedure or prevention of the victimization of seafarers for filing complaints (Standard A.5.1.5, paragraph 3). The Committee notes that section 269 of the CMM provides for the opening of a maritime inquiry particularly in the event of the death of or serious bodily injury to a person on board the ship; when the death or serious bodily injury occur during the operation of the ship; in the event of the disappearance during the voyage or the imprisonment of a person who was on board the ship; in the event of serious poisoning of a person on board the ship during the voyage. However, the Committee notes that this provision does not appear to provide that the final report of this inquiry shall be made public (Regulation 5.1.6, paragraph 1). The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to all of the Regulations and associated provisions of the Code under Regulation 5.1. The Committee requests the Government to provide the list of recognized organizations authorized to act on its behalf, specifying the functions that they have been authorized to carry out (Standard A5.1.2, paragraph 4).

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes the Government’s indication that Senegal implements the requirements of the Convention on Port State Control through the Abuja Memorandum of Understanding. While recognizing the value of the coordinated implementation of port State control inspections at the level of this regional organization, the Committee recalls that the national authorities are under the obligation to give full effect to the provisions of the MLC, 2006, in their own legislation. The Committee notes that under section 62 of the CMM, foreign ships are subject to the regulations on safety inspections and section 69 provides that a foreign ship may be detained if it does not produce valid certificates or if it is not compliant with the requirements of international Conventions. Noting that the Government provides no information on how these provisions are given effect in the context of the implementation of the MLC, 2006, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Regulation 5.1.2 and Standard A5.1.2. Noting that the Government provides no information on the implementation of the requirements of the Convention relating to the onshore handling of seafarers’ complaints, the Committee requests it to indicate all of the measures taken or being prepared to give full effect to Regulation 5.2.2 and Standard A5.2.2.

Additional documents and information requested. The Committee requests the Government to provide the following documents and information : an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); an example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); a copy in English of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1); an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see also Guideline B4.1.2, paragraph 1); an example of a document (for example, Part II of the DMLC) outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for the inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); an example or examples of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); if available in your country, a copy, in English, of the national interim maritime labour certificate (Regulation 5.1.3); a copy in English, French or Spanish of the annual reports on inspection activities issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see also Guideline B5.1.4, paragraphs 7 and 8), together with a summary in English, French or Spanish if the document is not in one of those languages; a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7, with an indication of the content in English, French, or Spanish if the guidelines are not in one of those languages; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see also Guideline B5.1.4, paragraph 3), with an indication of the content in English, French or Spanish if the documentation is not in one of those languages; a copy of your country’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag, with a translation into English, French or Spanish if the procedures are not in one of those languages (Regulation 5.1.5); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7, with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages; a copy of a document, if any, that describes the onshore complaint-handling procedures (Regulation 5.2.2).