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

Maritime Labour Convention, 2006 (MLC, 2006) - Congo (Ratification: 2014)

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 on the General Report of 2021 on this issue.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

The Committee notes that the Republic of the Congo did not ratify any maritime labour convention prior to the MLC, 2006. The Committee notes that the amendments to the Code of MLC, 2006, approved by the International Labour Conference in 2014 and 2016, entered into force for the Republic of the Congo on 18 January 2017 and 8 January 2019, respectively. The 2018 amendments are deemed to have been accepted and will enter into force for the Republic of the Congo on 26 December 2020. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article II, paragraphs 1(f) and 2 of the Convention. Definitions and scope. Seafarers. The Committee notes that section 95 of the Merchant Shipping Code approved by Act No. 30-63 of 4 July 1963, as amended by Act No. 63-65 of 30 December 1965, defines the term “mariner” (“marin”) as “any person of either sex engaged by a shipowner or shipowner’s representative to serve on board a seagoing ship and take up salaried employment on deck, in the engine department or in general service” and that persons on board for the purpose of handling cargo do not have the status of mariner. It also notes that, according to section 96 of the Merchant Shipping Code, the status of Congolese mariner is limited to Congolese nationals on seafarers’ registers or nationals of other States subject to a reciprocal agreement with the Republic of the Congo. Furthermore, the Committee notes that section 2(41) of Regulation 08 12 UEAC 088 CM 23 of the Central African Economic and Monetary Community (CEMAC) adopting the Community Merchant Shipping Code of 22 July 2012 (CCMM), adopting the, which is directly applicable in the Republic of the Congo, defines “seafarer” or “mariner” as any maritime navigation professional and any other person whose professional activity is conducted at sea. The Committee recalls that the Convention – which does not distinguish between “seafarers” and “mariners” – is applicable to all seafarers, a seafarer being defined as a “person who is employed or engaged or working in any capacity on board a ship to which this Convention applies” (Article II, paragraphs 1 (f) and 2). This definition encompasses not only crew members in the strict sense, but also persons working on board in any capacity. The Committee also recalls that under the terms of the resolution concerning information on occupational groups that was adopted by the 94th (Maritime) Session of the International Labour Conference in 2006, “[p]ersons who regularly spend more than short periods aboard, even where they perform tasks that are not normally regarded as maritime tasks, may still be regarded as seafarers for the purpose of this Convention regardless of their position on board.” The Committee requests the Government to indicate the measures taken or envisaged to ensure that all persons who are employed or engaged or work in any capacity on board a ship to which this Convention applies benefit from the protection required by the Convention, irrespective of whether they are on the register of seafarers and, if not, to indicate the measures that ensure them the protection required by the Convention.

Article VII. Consultations. The Committee brings the attention of the Government to the fact that a number of provisions of the Convention provide for consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to list the shipowners’ and seafarers’ organizations that the competent authority or authorities consult in matters relating to the application of the Convention, and to indicate the arrangements for consultations with such representative organizations as required by the Convention or the appropriate national regulations.

Regulation 1.1 and the Code. Minimum age. The Committee notes that the Constitution of the Republic of the Congo of 6 November 2015 (article 40), Act No. 4-2010 of 14 June 2010 concerning the protection of children (section 68) and the Labour Code (sections 11 and 116), prohibit the employment of children under 16 years of age, including as apprentices. It also notes, however, that section 98 of the Merchant Shipping Code and section 3(2) of “Decree No. 67-196 of 31 July 1967 establishing the requirements for the practice of the occupation of seafaring and the procedures for awarding vocational qualifications”, provide for a minimum age of 15 years for work on board seagoing vessels registered in the Republic of the Congo and authorize the engagement of children on board at 14 years of age on an exceptional basis when that is in the interests of the child. The Committee recalls that, under Standard A1.1, paragraph 1, the employment, engagement or work on board a ship of any person under the age of 16 is prohibited and that no exceptions are permitted in this regard. With regard to the restrictions on work on board for seafarers under the age of 18 provided for under Standard A1.1, paragraphs 2, 3 and 4 (night work and hazardous work), the Committee notes that the national legislation currently in force does not give them full effect. The Committee recalls that Standard A1.1, paragraph 3, strictly limits the possible exceptions to the prohibition of night work by persons under 18 years of age, and that, in accordance with Standard A1.1, paragraph 4, the types of work likely to jeopardize the health or safety of seafarers under 18 years of age must be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to take the necessary measures to give full effect to Standard A1.1, paragraphs 1, 2, 3 and 4.

Regulation 1.2 and Standard A1.2, paragraphs 4, 8, 9 and 10. Medical certificate. Duly qualified medical practitioner. Period of validity. Exceptions. The Committee notes that the Merchant Shipping Code, 1963, Decree No. 67-196 of 31 July 1967, and Order No. 2247 of 7 June 1969 establishing the conditions of physical fitness for seafarers, do not address the following requirements: (i) the provisions applicable to persons authorized to issue medical certificates and certificates solely concerning eyesight, and the provision that duly qualified practitioners must enjoy full professional independence in exercising their medical judgement in undertaking medical examination procedures (Standard A1.2, paragraph 4); (ii) the validity period of the authorization given to a seafarer to work without a valid medical certificate shall not exceed three months and the seafarer shall be in possession of an expired medical certificate of recent date (Standard A1.2, paragraph 8); (iii) if the period of validity of a certificate expires in the course of a voyage, the certificate shall remain in force until the next port of call, provided that the period shall not exceed three months (Standard A1.2, paragraph 9); and (iv) the medical certificates for seafarers working on ships ordinarily engaged on international voyages must as a minimum be provided in English (Standard A1.2, paragraph 10). The Committee requests the Government to indicate the measures adopted or envisaged to give effect to these requirements of the Convention.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that new section 3 of Order No. 7088/MTMMM/CAB of 31 August 2009, as amended by “Order No. 6970 of 3 May 2011 concerning system of accreditation to exercise the activity of provider of services to seafarers”, provides that applications for accreditation shall include the payment of a deposit of 5 million CFA francs into the dedicated account opened by the Directorate General of Merchant Shipping. However, the Committee notes that no information is available as to the purpose of this deposit, including whether it may be used 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. The Committee therefore requests the Government to indicate the number of recruitment and placement services operating in the Republic of the Congo, as well as the relevant provisions which give effect to Standard A1.4, paragraph 5(c)(vi) of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreements. Minimum notice period for termination. Shorter notice period for urgent reasons. The Committee notes that section 116 of the Merchant Shipping Code provides that the notice period to be observed in the event of the termination of a seafarers’ employment agreement may not be less than 24 hours. The Committee recalls that Standard A2.1, paragraph 5, provides that the notice period shall not be shorter than seven days. The Committee also recalls that Standard A2.1, paragraph 6, provides that a notice period shorter than the minimum may be given in circumstances recognized under national law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice. In determining those circumstances, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the national legislation is in conformity with the requirements of Standard A2.1, paragraphs 5 and 6.

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes that the Merchant Shipping Code of the Republic of the Congo does not provide that shipowners shall take measures to provide seafarers with the opportunity to transmit all or part of their earnings to their families, dependants or legal beneficiaries, nor that they shall charge a reasonable amount for the services concerned, and that, unless otherwise provided, the rate of currency exchange 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. The Committee requests the Government to provide information on the manner in which effect is given to the provisions of Standard A2.2.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. The Committee notes that there is no information on legislation concerning the measures taken to prohibit the division of hours of rest into more than two periods, including one of at least six hours in length, and to ensure that the interval between two consecutive periods of rest does not exceed 14 hours, as required by Standard A2.3, paragraph 6. The Committee requests the Government to provide information on the measures giving effect to these requirements of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes that there appears to be no national provision concerning the requirements to maintain records of seafarers’ daily hours of work or hours of rest, in a standardized format, and to provide seafarers with a copy of the records pertaining to them, endorsed by the master, or a person authorized by the master, and by the seafarers, in accordance with Standard A2.3, paragraph 12. The Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that there is no information on the legislation concerning the requirements relating to minimizing the disturbance caused by various types of exercise and the granting of compensatory rest for seafarers once the normal situation has been restored in accordance with the provisions of Standard A2.3, paragraph 14. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure compliance with Standard A2.3, paragraph 14.

Regulation 2.5 and Standard A2.5.1, paragraphs 1, 2(a) and (c) and 3. Repatriation. Circumstances. Prohibition of advance payments and the recovery of costs from seafarers. The Committee notes that a joint reading of sections 140, 141, 143 and 144 of the Merchant Shipping Code of the Republic of the Congo, which provide for different situations in which seafarers have the right to be repatriated, does not cover all the cases in which the Convention provides for this right, in particular those mentioned in Standard A2.5.1, paragraph 1(b)(ii), and that the costs of repatriation are borne by the seafarer when put ashore on disciplinary grounds or in consequence of injury or sickness incurred due to a wilful act. Stressing the fundamental importance of the right to repatriation, the Committee requests the Government to adopt the necessary measures to ensure that any provision in the national legislation depriving seafarers of this right is limited to the circumstances envisaged in the Convention (for example, maximum period of service). With regard to the possibility provided by the Convention of recovering the costs of repatriation from the seafarer, the Committee underscores that this possibility is conditional upon the seafarer being found, in accordance with national laws or regulations or other measures of applicable collective bargaining agreements, to be in serious breach of his employment obligations. The Committee requests the Government to indicate the provisions specifying the procedure to be followed and the applicable standard of proof for a seafarer to be “in serious default of the seafarer’s employment obligations”. Furthermore, with regard to section 141(2) of the Merchant Shipping Code, which provides, in respect of a mariner engaged in a foreign port, that repatriation shall be to the port of embarkation unless it is stipulated in the employment contract that the mariner shall be repatriated to the Republic of the Congo, the Committee draws the Government’s attention to Guideline B2.5.1, paragraphs 6 and 7, which stipulates that seafarers should have the right to choose from among the prescribed destinations the place to which they are to be repatriated, which include the place at which the seafarer agreed to enter into the engagement, the place stipulated by collective agreement, the seafarer’s country of residence or such other place as may be mutually agreed at the time of engagement. The Committee requests the Government to revise the corresponding provisions of the Merchant Shipping Code, in order to ensure conformity with Regulation 2.5 and the related provisions of the Code.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that the Merchant Shipping Code 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 period of service on board must be “less than 12 months”. In this regard, it observes that, further to a joint reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, the maximum continuous period of service on board without leave is, in principle, 11 months. The Committee therefore requests the Government to indicate how it ensures conformity with Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that section 182 of the Merchant Shipping Code provides for the opening in the Treasury’s records of an “advances on repatriation costs” account endowed with State budget funds enabling the repatriation upon request of seafarers left behind without resources abroad, shipwrecked seafarers or accused persons. The Committee notes that the conditions for the implementation of this provision are not specified and that the conditions of operation of this account will be established by a decision of the Minister of Finance and the Minister in charge of Merchant Shipping. With regard to the 2014 amendments, the Committee recalls that in accordance with Standard A2.5.2, Governments must ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the attention of the Government to the following questions, included in the revised report form for the Convention: (a) was the financial security system provided for by the legislation determined after consultation with the shipowners’ and seafarers’ organizations concerned (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarer, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions and to indicate in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and the Code. Manning levels. The Committee notes that section 110 of the Merchant Shipping Code provides that the manning level shall be sufficient and efficient from the point of view of navigational safety and that the method of application of this requirement shall be established by an ordinance of the maritime authority. The Committee requests the Government to provide the measures taken by the maritime authority to ensure the application of Regulation 2.7. Recalling that under Standard A2.7, paragraph 3, the competent authority shall take into account all the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering, the Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention. Noting the absence of available information with regard to complaint mechanisms about the determination of safe manning levels, the Committee requests the Government to indicate how Guideline B2.7.1 has been taken into account.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that while the Merchant Shipping Code does not contain provisions on these matters, sections 435 and 436 of the CCMM contain requirements relating to accommodation and recreational facilities for crew members on board ship that give effect to Regulation 3.1 and the Code and provide for the possibility of exemptions by a State in accordance with the Convention, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee therefore requests the Government to provide detailed information on the manner in which effect is given to the requirements of the Convention regarding the accommodation and recreational facilities of seafarers on board ships flying the Congolese flag, specifying whether consultations have taken place with respect to the adoption of variations or exemptions under the CCMM.

Regulation 3.2 and the Code. Food and catering. The Committee notes that section 437(1) of the CCMM provides that ships flying the flag of each member State shall (a) provide food and drinking water supplies of suitable quantity, nutritional value, quality and variety taking into account the number of seafarers on board, their religious requirements and cultural practices as they pertain to food, and the duration and nature of the voyage; (b) organize and equip the catering department in such a manner as to permit the provision to the seafarers of adequate, varied and nutritious meals, prepared and served in hygienic conditions. The Committee also notes that according to section 135 of the Merchant Shipping Code, mariners are entitled to food or an equivalent allowance during their statutory holidays, and to the provision of food. The Committee observes, however that this provision does not specify whether shipowners are required to provide seafarers on board with drinking water free of charge, in accordance with the requirements of Regulation 3.2, paragraph 1 and of Standard A3.2, paragraph 2(a). The Committee requests the Government to indicate how this requirement of the Convention is implemented. The Committee further notes that there is no information available on training courses approved or recognized by the competent authority for ships’ cooks. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Standard A3.2, paragraphs 2(c), 3 and 4 of the Convention. The Committee also requests the Government to indicate whether dispensations have been issued to permit non-fully qualified cooks to serve as ships’ cooks in accordance with Standard A3.2, paragraph 6, and, if so, to specify the frequency and nature of the cases in which these dispensations were issued.

Regulation 4.1 and the Code. Medical care on board ship and ashore. The Committee notes that certain provisions of the Merchant Shipping Code and other regulations provide for medical care on board and ashore in general terms, without giving effect to the detailed requirements of Regulation 4.1 and the Code. The Committee recalls, however, with regard to medical care on board ship and ashore, that Standard A4.1, paragraphs 1, 2 and 4, require Members to adopt the necessary legislation and measures and that the above-mentioned legislation does not address several aspects of these paragraphs, including: (i) the specifics of the medicine chest and medical equipment and intervals between inspections (Standard A4.1, paragraph 4(a), and Guideline B4.1.1, paragraph 4); (ii) the requirement to carry a medical doctor on board certain ships and the required level of training in medical care and first aid (Standard A4.1, paragraph 4(b) and (c)); (iii) the provision of a system using radio or satellite or other forms of communication, to provide medical advice, free of charge, 24 hours a day to all ships (Standard A4.1, paragraph 4(d)). The Committee requests the Government to provide information on the national measures taken or envisaged to give full effect to these requirements of the Convention. The Committee also requests the Government to indicate the cases in which a consultation with a qualified medical doctor or dentist in ports of call, where practicable, may be refused (Standard A4.1, paragraph 1(b) and (c)). It also requests the Government to provide a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraph 4(a)), and of the standard medical report form adopted by the competent authority in accordance with Standard A4.1, paragraph 2.

Regulation 4.2 and Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. The Committee notes that section 137 of the Merchant Shipping Code provides that in order to take into account the particular risks arising in the occupation of seafaring, the shipowner shall supplement, by means of a special insurance, the allowances and benefits paid by the national social welfare fund, until the seafarer recovers, stabilizes or is declared incurable or in a chronic state, for a maximum period of four months, so as to fully cover the amount of wages and, as appropriate, of food and pharmaceutical costs. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons authorized to bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating the applicable national provisions in each case. The Committee also requests the Government to provide a copy of a model certificate or 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, while section 444 of the CCMM provides for the health and safety protection of seafarers, no information is available as to whether national guidelines have actually been adopted in accordance with Regulation 4.3, paragraph 2. The Committee requests the Government to indicate the legislation and measures giving effect to paragraphs 1 and 2 of Standard A4.3. It also requests the Government to indicate whether it is a requirement to establish a safety committee on board a ship on which there are five or more seafarers. The Committee further requests the Government to provide an example of a document (for example, Part II of the declaration of maritime labour compliance (DMLC)) outlining a shipowner’s practices or on-board programmes (including risk evaluation) for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8), as well as a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)).

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the absence of available information in this regard. Recalling the importance of access to welfare facilities for seafarers, the Committee requests the Government to provide information on all measures adopted in the future to give full effect to the provisions of Regulation 4.4 of the Convention.

Regulation 4.5 and Standard A4.5. Social security. The Committee notes that, at the time of ratification and in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: medical care; sickness benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit and survivors’ benefit. The Committee notes that according to sections 136 and 137 of the Merchant Shipping Code, mariners are entitled to family benefits under the general benefits system and are registered with the national social welfare fund, which provides them with the allowances and benefits guaranteed under its insurance schemes. The Committee requests the Government to provide detailed information on the manner in which the social security coverage provided for under sections 136 and 137 of the Merchant Shipping Code is provided in practice for seafarers who are ordinarily resident in the Republic of the Congo and for those who are ordinarily resident in the Republic of the Congo but work on a ship flying a foreign flag. The Committee also notes that foreign seafarers who, under reciprocal agreements between their country of origin and the Republic of the Congo, have been allowed to sail on board Congolese ships may, insofar as the regulations governing their status permit, continue to enjoy all of the social benefits to which they are entitled; in this case, shipowners and seafarers shall be exempt from paying contributions to Congolese social security schemes (section 1 of the Merchant Shipping Code). The Committee recalls that while the primary obligation to provide social security coverage rests with the State in which the seafarer is ordinarily resident, under the terms of Standard A4.5, paragraph 6, each Member shall give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers working on board ships flying its flag in the absence of adequate coverage. The Committee requests the Government to provide information on all measures taken or envisaged to give effect to paragraphs 5 and 6 of Standard A4.5. The Committee also requests the Government to indicate the bilateral or multilateral agreements to which the Republic of the Congo is a party relating to social security protection covering seafarers, including the maintenance of acquired rights or rights in the course of acquisition (Regulation 4.5, paragraph 2, and Standard A4.5, paragraphs 3, 4 and 8).

Regulation 5.1 and the Code. Flag state responsibilities. The Committee notes that the Merchant Shipping Code establishes a mechanism for the issuance and verification of maritime navigation certificates and safety certificates through the maritime authorities and by a central safety committee and ships inspection committees. The Committee also notes that the delegation of these functions to recognized bodies is possible under section 41 of the aforementioned Code. The Committee notes, however, that these provisions have not been updated to incorporate the specific procedures and requirements provided for under Regulation 5.1 of the Convention with regard to flag State responsibilities. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Regulation 5.1 of the Convention, including with regard to Regulation 5.1.3 on the maritime labour certificate and declaration of maritime labour compliance and Regulation 5.1.4 on inspection.

Regulation 5.1.1 and Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006, on board. Recalling that pursuant to Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the Convention available on board, the Committee requests the Government to indicate how it ensures compliance with this requirement of the Convention.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that section 212(1) of the CCMM provides that “the accreditation of classification societies meeting the criteria established by International Maritime Organization (IMO) resolution A.739(18) and Regulation 5.1.2 of the ILO Maritime Labour Convention, 2006, on the authorization of recognized organizations, shall give rise to an agreement, consistent with the model circulated by the IMO, between the competent maritime authority and the accredited classification society, specifying in particular the obligations that the latter must fulfil in the discharge of its functions”. Section 215 provides that recognized classification societies shall periodically report on their activities to the competent maritime authority. The Committee requests the Government to provide information on the manner in which effect is given to Standard A5.1.2, paragraph 1 (review of the competency and independence of recognized organizations) and Standard A5.1.2, paragraph 3 (system to ensure the adequacy of work performed by recognized organizations). The Committee also requests the Government to provide the list of recognized organizations which have been authorized to carry out the inspection and certification functions provided for by the Convention, specifying the functions that they have been authorized to carry out (Standard A5.1.2, paragraph 4).

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the absence of information concerning legislation giving effect to this provision of the Convention. The Committee requests the Government to indicate any steps taken to issue a DMLC, Part I in conformity with the requirements of the Convention and to supply a copy thereof. It also requests the Government to supply an example or examples of Part II of the DMLC prepared by a shipowner and certified by the competent authority or a recognized organization in accordance with Standard A5.1.3, paragraph 10(b). In view of the lack of information concerning legislation in this regard, the Committee requests the Government to specify the provisions governing: (a) the maximum validity period of the maritime labour certificate (Standard A5.1.3, paragraph 1); (b) requirements relating to intermediate inspection (Standard A5.1.3, paragraph 2);(c) renewal of the certificate (Standard A5.1.3, paragraphs 3 and 4); (d) requirements relating to the issuance of an interim maritime labour certificate (Standard A5.1. 3, paragraphs 5 to 8); (e) requirements relating to the posting on board ship and availability of the maritime labour certificate and the DMLC (Standard A5.1.3, paragraphs 12 and 13); (f) the circumstances under which a maritime labour certificate ceases to be valid (Standard A5.1.3, paragraphs 14 and 15); and (g) the circumstances under which a maritime labour certificate shall be withdrawn (Standard A5.1.3, paragraphs 16 and 17).

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that the available legislation does not give effect to the detailed requirements of Regulation 5.1.4 with regard to the status of inspectors, the system of inspections and the applicable penalties. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to these provisions of the Convention.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes that the available national legislation does not give effect to the detailed requirements of Regulation 5.1.5.  The Committee requests the Government to indicate the measures taken or envisaged to give full effect to these provisions of the Convention. It also requests the Government to provide the text of the model for on-board complaint procedures in force, if such a model has been established, or of the procedures that are normally followed on ships flying the Congolese flag.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that the Republic of the Congo is a party to the Memorandum of Understanding on Port State Control for West and Central African Region (Abuja MoU). The relevant statistical report for 2019 indicates that 197 inspections were conducted by the Congolese maritime authorities under this control mechanism. Among the relevant instruments providing a basis for its provisions respecting port State inspections, the Abuja MoU refers to the MLC, 2006, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended and the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). The Committee recognizes the value of the coordinated implementation of inspections within the context of port State control at the level of this regional organization. The Committee recalls, however, that the obligation to give full effect to the provisions of the MLC, 2006, in their own legislation rests with the national authorities. With regard to compensation for loss or damage suffered as a result of a ship being unduly detained or delayed by the port authorities, the Committee notes that the national legislation does not address this matter.  The Committee draws the Government’s attention to the need to adopt the necessary measures to ensure the conformity of the national legislation with the Convention. It requests the Government to indicate the provisions or legal principles on the basis of which compensation shall be paid for any loss or damage suffered as a result of a ship being unduly detained or delayed, in accordance with Standard A5.2.1, paragraph 8. The Committee also requests the Government to provide information on the number of complaints lodged with and settled by the maritime authority, as well as a copy of any document describing onshore complaint-handling procedures (Regulation 5.2.2).

Additional documents and information. The Committee requests the Government to provide the documents and statistical information requested in the report form.