Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Azerbaijan

Repatriation of Seamen Convention, 1926 (No. 23) (Ratification: 1992)
Accommodation of Crews Convention (Revised), 1949 (No. 92) (Ratification: 1992)
Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Ratification: 1992)
Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) (Ratification: 1992)

Previous comment

The Committee notes the reports provided by the Government on the application of the maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Noting the Government’s information that an analysis of the compliance of domestic legislation with the provisions of the Maritime Labour Convention, 2006, as amended (MLC, 2006) is still underway, the Committee recalls that, within the framework of the Standards Review Mechanism, the Governing Body has included on the agenda of the 118th Session (2030) of the International Labour Conference an item for the abrogation, inter alia, of Conventions Nos 23, 92 and 134. As regards Convention No. 147, which had been classified as an outdated instrument, the Governing Body decided that its situation would be reviewed by the Special Tripartite Committee on the MLC, 2006 at its sixth meeting to decide on its possible abrogation or withdrawal. In this context, the Committee requests the Government to continue providing information on the prospects of ratification of the MLC, 2006. The Committee reminds the Government of the possibility to avail itself of the ILO technical assistance in this regard.

Repatriation of Seamen Convention, 1926 (No. 23)

Implementing legislation and other measures. The Committee notes that, in reply to its previous comments, the Government supplied a copy of the collective agreement between the Azerbaijan Caspian Shipping Company closed joint stock company and the National Committee of the Water Transport Workers’ Trade Union for the period 2017–19. The Committee notes that the Government provides no additional information on the national legislation giving effect to the provisions of the Convention. Referring to its previous comments, the Committee requests the Government once again to take the necessary measures to give effect to the provisions of the Convention, and to transmit copy of any relevant texts implementing the Convention with respect to all seafarers under its scope.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Article 5 of the Convention. Ship inspection in case of complaint. The Committee notes the Government’s indication in reply to its comments, that Port State Control and Flag State Control are governed by Chapter V of the Merchant Shipping Code and by the Ship Inspection Regulations, approved by Cabinet of Ministers Decision No. 59 of 4 April 2013. The Committee notes that: (i) under section 63 of the Merchant Shipping Code, the competent authority carries out the control on ships and verifies the fulfilment of the requirements of relevant international Conventions; and (ii) the Ship Inspection Regulations regulate inspections on national and foreign ships to verify compliance with the requirements of international Conventions, including working and living conditions of seafarers. The Committee further notes that the Government indicates that the competent authority, i.e. the State Maritime and Port Agency, has authorized classification societies to supervise compliance with the Convention and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). The Committee takes note of this information.

Article 13, paragraph 5. Sanitary facilities. Exceptions. Observing that the provisions of the Sanitary Rules allow for exceptions broader than those permitted by the Convention, the Committee requested the Government to bring the relevant provisions of the Rules in conformity with the Convention. The Committee notes the Government’s reference to the International Health Rules (2005), which entered into force for Azerbaijan on 15 July 2007 and are applied by the relevant Ministry of Health bodies during ship sanitation controls. Noting that this information does not address the point raised in its previous comments, the Committee reiterates its request to the Government to take the necessary measures without delay to bring the Sanitary Rules fully in line with Article 13, paragraph 5.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 3 of the Convention. Research undertaken into general trends as brought out by statistics. The Committee welcomes the Government’s indication, in reply to its previous comments that, after the creation of the State Maritime and Port Agency, under the authority of the Ministry of Digital Development and Transport, pursuant to Edict No. 1462 of 11 October 2021, a Department for the Investigation of Maritime Accidents was established. Between 1 January 2022 and 1 June 2023, there were ten ship-related accidents, in which no seafarers were injured. The Government states that, after the department completes the investigation into the accidents, the corresponding information will be sent to the Office. The Committee requests the Government to submit updated information in line with Article 3 of the Convention with its next report.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Article 2(a)(ii) of the Convention. Social security measures. Noting that the Government did not respond to its previous request on this point, the Committee requests the it once again to take the necessary measures to determine which of the three Conventions – that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130) – it intends to apply for the purposes of this Convention, bearing in mind that Conventions Nos 55 and 56 have been included on the agenda of the 118th Session (2030) of the International Labour Conference for abrogation.

Article 2(a)(iii). Shipboard conditions of employment. Record of employment. The Committee notes with interest that, in reply to its previous comments, the Government indicates that: (i) under section 6-1.1.13 of the Merchant Shipping Code, a “seafarer’s book” is to be issued to seafarers by the State Maritime and Port Agency; and (ii) the form of the seafarer’s book is approved by Order No. I/18 of the State Maritime Administration of 20 May 2008. The Committee notes that, according to Order No. I/18 and to the sample supplied by the Government, the seafarer’s book contains several data (e.g. on education and qualification, position, name of the ship, shipowner, sea experience, description of the trip, training courses), without containing any field on the quality of the seafarer’s work or the amount of the seafarer’s wages. The Committee takes note of this information, which addresses its previous request.

Article 2(d)(ii). Complaints with respect to engagement of seafarers. Noting that the Government’s report contains no new information in reply to its previous comment, the Committee requests again the Government to indicate the provisions of national legislation implementing the requirements under Article 2(d)(ii), and to describe the existing procedures, if any, for the examination of complaints made in connection with the engagement in its territory of seafarers, both nationals and non-nationals, on foreign-registered ships.