Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133) - 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).

Direct Request (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). It 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 hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Part II of the Convention. Crew accommodation requirements. For several years now, the Government has been indicating that, since Guinea has no shipyards, it has the option either of purchasing vessels that are designed in accordance with the provisions of the Convention or of ensuring that alterations of vessels are in conformity with the Convention. The Maritime Navigation Agency (ANAN) is responsible for the implementation of the provisions of the Convention, and the Marine Inspectors Division ensures the application of the Maritime Code. The Committee had requested the Government to send the texts relating to the establishment and activities of the Maritime Navigation Agency and the Marine Inspectorate, and to keep the Office informed of any future developments concerning the number of seagoing vessels covered by the Convention. Since the Government’s report does not reply to these requests, the Committee once again asks the Government to provide all relevant information on these matters.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Part II of the Convention. Crew accommodation requirements. For several years now, the Government has been indicating that, since Guinea has no shipyards, it has the option either of purchasing vessels that are designed in accordance with the provisions of the Convention or of ensuring that alterations of vessels are in conformity with the Convention. The Maritime Navigation Agency (ANAN) is responsible for the implementation of the provisions of the Convention, and the Marine Inspectors Division ensure the application of the Maritime Code. The Committee had requested the Government to send the texts relating to the establishment and activities of the Maritime Navigation Agency and the Marine Inspectorate, and to keep the Office informed of any future developments concerning the number of seagoing vessels covered by the Convention. Since the Government’s report does not reply to these requests, the Committee once again asks the Government to provide all relevant information on these matters.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Part II of the Convention. Crew accommodation requirements. For several years now, the Government has been indicating that, since Guinea has no shipyards, it has the option either of purchasing vessels that are designed in accordance with the provisions of the Convention or of ensuring that alterations of vessels are in conformity with the Convention. The Maritime Navigation Agency (ANAN) is responsible for the implementation of the provisions of the Convention, and the Marine Inspectors Division ensure the application of the Maritime Code. The Committee had requested the Government to send the texts relating to the establishment and activities of the Maritime Navigation Agency and the Marine Inspectorate, and to keep the Office informed of any future developments concerning the number of seagoing vessels covered by the Convention. Since the Government’s report does not reply to these requests, the Committee once again asks the Government to provide all relevant information on these matters.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 13 of the Convention. Application to existing ships. For several years now, the Government has been indicating that, since Guinea has no shipyards, it has the option either of purchasing vessels that are designed in accordance with the provisions of the Convention or of ensuring that alterations of vessels are in conformity with the Convention. The Maritime Navigation Agency (ANAN) is responsible for the implementation of the provisions of the Convention, and the Marine Inspectors Division ensure the application of the Maritime Code. The Committee had requested the Government to indicate the manner in which it ensures that vessels built abroad meet the requirements of the Convention. It also requested the Government to send the texts relating to the establishment and activities of the Maritime Navigation Agency and the Marine Inspectorate, and to keep it informed of any future developments concerning the number of seagoing vessels covered by the Convention. Since the Government’s report does not reply to these requests, the Committee once again asks the Government to provide the information required.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 13 of the Convention. Application to existing ships. For several years now, the Government has been indicating that, since Guinea has no shipyards, it has the option either of purchasing vessels that are designed in accordance with the provisions of the Convention or of ensuring that alterations of vessels are in conformity with the Convention. The Maritime Navigation Agency (ANAN) is responsible for the implementation of the provisions of the Convention, and the Marine Inspectors Division ensure the application of the Maritime Code. The Committee had requested the Government to indicate the manner in which it ensures that vessels built abroad meet the requirements of the Convention. It also requested the Government to send as soon as possible the texts relating to the establishment and activities of the Maritime Navigation Agency and the Marine Inspectorate, and to keep it informed of any future developments concerning the number of seagoing vessels covered by the Convention. Since the Government’s report does not reply to these requests, the Committee once again asks the Government to provide the information required.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

For several years now, the Government has been indicating that, since Guinea has no shipyards, it has the option either of purchasing vessels that are designed in accordance with the provisions of the Convention or of ensuring that alterations of vessels are in conformity with the Convention. The Maritime Navigation Agency (ANAN) is responsible for the implementation of the provisions of the Convention, and the Marine Inspectors Division ensure the application of the Maritime Code. The Committee had requested the Government to indicate the manner in which it ensures that vessels built abroad meet the requirements of the Convention. It also requested the Government to send as soon as possible the texts relating to the establishment and activities of the Maritime Navigation Agency and the Marine Inspectorate, and to keep it informed of any future developments concerning the number of seagoing vessels covered by the Convention. Since the Government’s report does not reply to these requests, the Committee once again asks the Government to provide the information required.

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

For several years now, the Government has been indicating that, since Guinea has no shipyards, it has the option either of purchasing vessels that are designed in accordance with the provisions of the Convention or of ensuring that alterations of vessels are in conformity with the Convention. The Maritime Navigation Agency (ANAN) is responsible for the implementation of the provisions of the Convention, and the Marine Inspectors Division ensure the application of the Maritime Code. The Committee had requested the Government to indicate the manner in which it ensures that vessels built abroad meet the requirements of the Convention. It also requested the Government to send as soon as possible the texts relating to the establishment and activities of the Maritime Navigation Agency and the Marine Inspectorate, and to keep it informed of any future developments concerning the number of seagoing vessels covered by the Convention. Since the Government’s report does not reply to these requests, the Committee once again asks the Government to provide the information required.

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

The Committee notes with regret that the Government’s report does not contain any new information.

For several years now, the Government has been indicating that, since Guinea has no shipyards, it has the option either of purchasing vessels that are designed in accordance with the provisions of the Convention or of ensuring that alterations of vessels are in conformity with the Convention. The Maritime Navigation Agency (ANAN) is responsible for the implementation of the provisions of the Convention and the marine inspectors ensure the application of the Maritime Code. The Committee requests the Government to indicate, in its next report, the manner in which it ensures that vessels built abroad meet the requirements of the Convention. It also requests the Government to send as soon as possible the texts relating to the establishment and activities of the Maritime Navigation Agency and the marine inspectorate, and to keep it informed of any future developments concerning the number of seagoing vessels covered by the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee noted that the Government’s report did not contain full information on each of the provisions of the Convention and on each question in the report form approved by the Governing Body. The Committee noted that by virtue of sections 682, 684, 685 and 690 of the Merchant Marine Code, adopted and enacted by Act L/95/23/CTRN of 12 June 1995, published in the Official Journal of 30 November 1995, the Minister responsible for the Merchant Marine shall issue orders under various provisions of the Code relating to the application of the Convention. The Committee also notes from the Government’s report that there is a national directorate, called the Maritime Navigation Agency (ANAM) within the Ministry of Transport, which includes marine inspectors who ensure the application of the Code. It notes in particular the statement that the Government will transmit to the office the legal texts and regulations respecting the establishment, organization and functioning of the above Authority. The Committee also notes the Government’s statement in its report that, since Guinea does not have any shipyards, it has the alternative of purchasing vessels which are in accordance with the provisions of the Convention or ensuring that vessels are altered to comply with the Convention.

The Committee trusts that the Government will indicate the measures which have been taken or are envisaged to ensure that vessels which are registered in Guinea and lie within the scope of the Convention are in conformity with its requirements. It hopes that the Government will endeavour to provide a detailed report, in accordance with the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

In its previous comments, the Committee noted that the Government's report did not contain full information on each of the provisions of the Convention and on each question in the report form approved by the Governing Body. The Committee noted that by virtue of sections 682, 684, 685 and 690 of the Merchant Marine Code, adopted and enacted by Act L/95/23/CTRN of 12 June 1995, published in the Official Journal of 30 November 1995, the Minister responsible for the Merchant Marine shall issue orders under various provisions of the Code relating to the application of the Convention. The Committee also notes from the Government's report that there is a national directorate, called the Maritime Navigation Agency (ANAM) within the Ministry of Transport, which includes marine inspectors who ensure the application of the Code. It notes in particular the statement that the Government will transmit to the Office the legal texts and regulations respecting the establishment, organization and functioning of the above Authority. The Committee also notes the Government's statement in its report that, since Guinea does not have any shipyards, it has the alternative of purchasing vessels which are in accordance with the provisions of the Convention or ensuring that vessels are altered to comply with the Convention.

The Committee trusts that the Government will indicate the measures which have been taken or are envisaged to ensure that vessels which are registered in Guinea and lie within the scope of the Convention are in conformity with its requirements. It hopes that the Government will endeavour to provide a detailed report, in accordance with the report form approved by the Governing Body.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's very brief first report. It asks the Government to provide full information on each provision of the Convention and on each question in the report form approved by the Governing Body.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's very brief first report. It asks the Government to provide full information on each provision of the Convention and on each question in the report form approved by the Governing Body.