Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) - Guinea (Ratification: 1977)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s indication, in its reports on the application of the maritime Conventions, that the Merchant Navy Code of 1995 is the principal item of legislation giving effect to the provisions of these Conventions. Noting the Government’s indication that a review of this Code was launched in early 2015 with a view to adapting it to current realities taking account of ratified international Conventions, the Committee hopes that the Government will take the opportunity afforded by the review to give full effect to these Conventions. The Committee recalls that the Government may avail itself of assistance from the International Labour Office in the context of this review process. The Committee also notes the Government’s indication that a submission study will be undertaken to enable Guinea to adopt a position regarding possible ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and the Work in Fishing Convention, 2007 (No. 188). The Committee invites the Government to provide information on any developments in this respect. In order to provide an overview of matters relating to the application of the maritime Conventions, the Committee considers it useful to examine them in the same comment, as follows.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). Articles 5–12. Crew accommodation requirements. The Committee recalls that it has been asking the Government for many years to take the necessary steps to ensure that full effect is given to all the provisions of the Convention. The Committee notes that sections 678–690 of the Merchant Navy Code establish a general framework for the on-board accommodation of seafarers and, as regards more specific implementing procedures, frequently refer to ministerial orders or other regulatory texts concerning which, however, the Government does not supply any information. The Committee therefore requests the Government once again to provide information on any order or other regulatory text adopted by the competent authority pursuant to the relevant sections of the Merchant Navy Code, particularly sections 682 (layout of cabins and sleeping quarters), 684 (sanitary installations) and 685 (recreation areas). The Committee further requests the Government to specify the number and the tonnage of vessels flying its flag.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). Articles 2–10. Prevention of occupational accidents to seafarers. The Committee recalls that it has been asking the Government for many years to take the necessary steps to ensure that full effect is given to all the provisions of the Convention. The Committee notes that sections 52–97 of the Merchant Navy Code establish a general framework concerning the safety of human life at sea and, as regards more specific implementing procedures, frequently refer to ministerial orders or other regulatory texts concerning which, however, the Government does not supply any information. The Committee therefore requests the Government once again to provide information on any order or other regulatory text adopted by the competent authority pursuant to the relevant sections of the Merchant Navy Code, particularly sections 52 (provisions applicable to vessels not undertaking international voyages) and 69 (regulatory texts).

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

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Article 2 of the Convention. Prevention of occupational accidents for seafarers. The Committee recalls its previous comments in which it asked the Government to take all the necessary steps to ensure that full effect is given to the provisions of the Convention. The Government indicates in its last report that, with the return to constitutional order and the resumption of the activities of the Labour and Social Legislation Advisory Committee, steps will be taken to prepare laws and regulations which will give effect to the Convention. The Committee understands that the Labour and Social Legislation Advisory Committee was revived under the provisions of section 96 of Presidential Decree No. D/2008/040/PRG/SGG of 28 July 2008 establishing the competencies and structure of ministerial departments, general secretariats and the Prime Minister’s Office. The Committee therefore hopes that the Government will make every effort to ensure that the legislative texts giving effect to the Convention will be adopted in the very near future. It requests the Government to keep the Office informed of any progress made in this field and to send a copy of these texts once they have been adopted.

Finally, the Committee hopes that the Government will soon be in a position to ratify the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 134 and 36 other international maritime labour Conventions and whose Regulation 4.3 and corresponding Code contain detailed provisions on maritime occupational safety and health and accident prevention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2 of the Convention. Prevention of occupational accidents for seafarers. The Committee recalls its previous comments in which it asked the Government to take all the necessary steps to ensure that full effect is given to the provisions of the Convention. The Government indicates in its last report that, with the return to constitutional order and the resumption of the activities of the Labour and Social Legislation Advisory Committee, steps will be taken to prepare laws and regulations which will give effect to the Convention. The Committee understands that the Labour and Social Legislation Advisory Committee was revived under the provisions of section 96 of Presidential Decree No. D/2008/040/PRG/SGG of 28 July 2008 establishing the competencies and structure of ministerial departments, general secretariats and the Prime Minister’s Office. The Committee therefore hopes that the Government will make every effort to ensure that the legislative texts giving effect to the Convention will be adopted in the very near future. It requests the Government to keep the Office informed of any progress made in this field and to send a copy of these texts once they have been adopted.

Finally, the Committee hopes that the Government will soon be in a position to ratify the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 134 and 36 other international maritime labour Conventions and whose Regulation 4.3 and corresponding Code contain detailed provisions on maritime occupational safety and health and accident prevention. The Committee requests the Government to keep the Office informed of any decisions taken on this matter.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Article 2 of the Convention. Prevention of occupational accidents. For many years, the Committee has been asking the Government to indicate the specific instruments that govern the prevention of occupational accidents of seafarers. The Government has so far indicated that appropriate regulatory texts were in preparation and would be reviewed with the technical assistance of the ILO to ensure their compliance with the provisions of the Convention. In its last report, the Government refers only to the provisions of the Labour Code and Merchant Shipping Code, noting that they provide for the adoption of regulations on occupational safety and health. The Government further indicates that the authorities responsible for framing and supervising maritime regulations were also to draft a whole series of texts in this area. The Committee emphasizes that Guinea ratified this Convention more than 30 years ago. It also points out that the provisions of the national legislation are general in nature and do not always ensure that full effect is given to the requirements of the Convention. Consequently, the Committee once again asks the Government to adopt legislative texts giving full effect to the Convention and requests it to provide copies of them as soon as these texts have been enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. Prevention of occupational accidents. For many years, the Committee has been asking the Government to indicate the specific instruments that govern the prevention of occupational accidents of seafarers. The Government has so far indicated that appropriate regulatory texts were in preparation and would be reviewed with the technical assistance of the ILO to ensure their compliance with the provisions of the Convention. In its last report, the Government refers only to the provisions of the Labour Code and Merchant Shipping Code, noting that they provide for the adoption of regulations on occupational safety and health. The Government further indicates that the authorities responsible for framing and supervising maritime regulations were also to draft a whole series of texts in this area. The Committee emphasizes that Guinea ratified this Convention more than 30 years ago. It also points out that the provisions of the national legislation are general in nature and do not always ensure that full effect is given to the requirements of the Convention. Consequently, the Committee once again asks the Government to adopt legislative texts giving full effect to the Convention and requests it to provide copies of them as soon as these texts have been enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

For many years, the Committee has been asking the Government to indicate the specific instruments that govern the prevention of occupational accidents of seafarers. The Government has so far indicated that appropriate regulatory texts were in preparation and would be reviewed with the technical assistance of the ILO to ensure their compliance with the provisions of the Convention. In its last report, the Government refers only to the provisions of the Labour Code and Merchant Shipping Code, noting that they provide for the adoption of regulations on occupational safety and health. The Government further indicates that the authorities responsible for framing and supervising maritime regulations were also to draft a whole series of texts in this area. The Committee emphasizes that Guinea ratified this Convention 32 years ago, in 1977. It also points out that the provisions of the national legislation are general in nature and do not always ensure that full effect is given to the requirements of the Convention. Consequently, the Committee once again expresses the hope that the Government will make every effort to ensure that legislative texts giving full effect to the Convention are adopted in the very near future. It requests the Government to provide a copy of them as soon as they have been enacted.

Part IV of the report form. Court decisions. The Committee requests the Government to indicate whether the courts of law or any other tribunals have handed down decisions involving matters of principle pertaining to the application of the Convention and, if so, to provide copies of them with its next report.

Part V of the report form. Application in practice. The Committee also asks the Government to provide general information on the manner in which the Convention is applied, supplying extracts of reports of inspection services, information on the number of workers covered by the legislation, and the number and nature of contraventions and of occupational accidents reported.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

For many years, the Committee has been asking the Government to indicate the specific instruments that govern the prevention of occupational accidents of seafarers. The Government has so far indicated that appropriate regulatory texts were in preparation and would be reviewed with the technical assistance of the ILO to ensure their compliance with the provisions of the Convention. In its last report, the Government refers only to the provisions of the Labour Code and Merchant Navy Code, noting that they provide for the adoption of regulations on occupational safety and health. The Government further indicates that the authorities responsible for framing and supervising maritime regulations were also to draft a whole series of texts in this area. The Committee points out that Guinea ratified this Convention 31 years ago, in 1977. It also points out that the provisions of the national legislation are general in nature and do not always ensure that full effect is given to the provisions of the Convention. Consequently, the Committee once again expresses the hope that the Government will make every effort to ensure that texts giving full effect to the Convention are adopted in the very near future. It requests the Government to provide a copy of them as soon as they have been enacted.

Part IV of the report form. The Committee requests the Government to indicate whether the courts of law or any other tribunals have handed down decisions involving matters of principle pertaining to the application of the Convention and, if so, to provide copies of them with its next report.

Part V of the report form. The Committee also asks the Government to provide general information on the manner in which the Convention is applied, supplying extracts of reports by the inspection services, information on the number of workers covered by the legislation, and the number and nature of contraventions and of occupational accidents reported.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

For many years, the Committee has been asking the Government to indicate the specific instruments that govern the prevention of occupational accidents of seafarers. The Government has so far indicated that appropriate regulatory texts were in preparation and would be reviewed with the technical assistance of the ILO to ensure their compliance with the provisions of the Convention. In its last report, the Government refers only to the provisions of the Labour Code and Merchant Navy Code, noting that they provide for the adoption of regulations on occupational safety and health. The Government also indicates that the authorities responsible for framing and supervising maritime regulations were also to draft a whole series of texts in this area. The Committee points out that Guinea ratified this Convention 28 years ago, in 1977. It also points out that the provisions of the national legislation are general in nature and do not always ensure that full effect is given to the provisions of the Convention. Consequently, the Committee once again expresses the hope that the Government will make every effort to ensure that texts giving full effect to the Convention are adopted in the very near future. It requests the Government to provide a copy of them as soon as they have been enacted.

Part IV of the report form. The Committee requests the Government to indicate whether the courts of law or any other tribunals have handed down decisions involving matters of principle pertaining to the application of the Convention and, if so, to provide copies of them with its next report.

Part V of the report form. The Committee also asks the Government to provide general information on the manner in which the Convention is applied, supplying extracts of reports by the inspection services, information on the number of workers covered by the legislation, and the number and nature of contraventions and of occupational accidents reported.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

For many years, the Committee has been asking the Government to indicate the specific instruments that govern the prevention of occupational accidents of seafarers. The Government has so far indicated that appropriate regulatory texts were in preparation and would be reviewed with the technical assistance of the ILO to ensure their compliance with the provisions of the Convention. In its last report, the Government refers only to the provisions of the Labour Code and Merchant Navy Code, noting that they provide for the adoption of regulations on occupational safety and health. The Government also indicates that the authorities responsible for framing and supervising maritime regulations were also to draft a whole series of texts in this area. The Committee points out that Guinea ratified this Convention 28 years ago, in 1977. It also points out that the provisions of the national legislation are general in nature and do not always ensure that full effect is given to the provisions of the Convention. Consequently, the Committee once again expresses the hope that the Government will make every effort to ensure that texts giving full effect to the Convention are adopted in the very near future. It requests the Government to provide a copy of them as soon as they have been enacted.

Part IV of the report form. The Committee requests the Government to indicate whether the courts of law or any other tribunals have handed down decisions involving matters of principle pertaining to the application of the Convention and, if so, to provide copies of them with its next report.

Part V of the report form. The Committee also asks the Government to provide general information on the manner in which the Convention is applied, supplying extracts of reports by the inspection services, information on the number of workers covered by the legislation, and the number and nature of contraventions and of occupational accidents reported.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

For many years, the Committee has been asking the Government to indicate the specific instruments that govern the prevention of occupational accidents of seafarers. The Government has so far indicated that appropriate regulatory texts were in preparation and would be reviewed with the technical assistance of the ILO to ensure their compliance with the provisions of the Convention. In its last report, the Government refers only to the provisions of the Labour Code and Merchant Navy Code, noting that they provide for the adoption of regulations on occupational safety and health. The Government also indicates that the authorities responsible for framing and supervising maritime regulations were also to draft a whole series of texts in this area. The Committee points out that Guinea ratified this Convention 28 years ago, in 1977. It also points out that the provisions of the national legislation are general in nature and do not always ensure that full effect is given to the provisions of the Convention. Consequently, the Committee once again expresses the hope that the Government will make every effort to ensure that texts giving full effect to the Convention are adopted in the very near future. It requests the Government to provide a copy of them as soon as they have been enacted.

Part IV of the report form. The Committee requests the Government to indicate whether the courts of law or any other courts have handed down decisions involving matters of principle pertaining to the application of the Convention and, if so, to provide copies of them with its next report.

Part V of the report form. The Committee also asks the Government to provide general information on the manner in which the Convention is applied, supplying extracts of reports by the inspection services, information on the number of workers covered by the legislation, and the number and nature of contraventions and of occupational accidents reported.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

The Committee has noted that no specific instrument for the prevention of occupational accidents of seafarers, giving effect to the provisions of the Convention, has been adopted, be it a statutory instrument, a code of practice or any other appropriate means. In its report for the period ending 30 June 1989, the Government had indicated that appropriate regulations were being prepared and would be reviewed with the technical assistance of the ILO to ensure their compliance with the provisions of the Convention. In its latest report the Government indicates that draft specific provisions for seafarers are still being examined by the specialized technical services and that the merchant marine has recently finalized a draft maritime code. The Committee takes due note of these indications. It trusts that the Government will do what is possible to ensure that provisions giving effect to the Convention will be adopted in the very near future and that it will supply copies thereof as soon as they have been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's latest report.

It again notes that no specific instrument for the prevention of occupational accidents of seafarers, giving effect to the provisions of the Convention, has been adopted, be it a statutory instrument, a code of practice or any other appropriate means.

In its report for the period ending 30 June 1989, the Government had indicated that appropriate regulations were being prepared and would be reviewed with the technical assistance of the ILO to ensure their compliance with the provisions of the Convention. In its latest report the Government indicates that draft specific provisions for seafarers are still being examined by the specialized technical services and that the merchant marine has recently finalized a draft maritime code.

The Committee takes due note of these indications. It trusts that the Government will do what is possible to ensure that provisions giving effect to the Convention will be adopted in the very near future and that it will supply copies thereof as soon as they have been adopted.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the national legislation contains provisions of a general nature respecting occupational health and safety, but that it contains no specific text giving effect to the provisions of the Convention. It also notes that, by virtue of section 171(2) of the Labour Code, ministerial orders shall determine the specific requirements either for certain occupations or for certain methods of work.

The Government states in its report that the appropriate texts to issue regulations are being prepared and will be reviewed with the technical assistance of the ILO to ensure that they are in conformity with the provisions of the Convention.

The Committee hopes that the above texts will be adopted in the very near future and that they will give effect to the Convention. It requests the Government to supply a copy of these texts when they have been adopted.