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

Individual Case (CAS) - Discussion: 2023, Publication: 111st ILC session (2023)

Written information provided by the Government

The Government of Gabon reiterates its readiness and willingness to provide the first report due on the Maritime Labour Convention, 2006, as amended (MLC, 2006). In this regard, it states that the delay in drafting the report is due mainly to two factors: the legal procedure for the ratification of the Convention and the lack of awareness of the Convention among Gabon’s professionals in the maritime sector. Consequently, the Government is required to comply with the internal procedure in force for the ratification of international conventions – a procedure that was not followed for the deposit of the instrument of ratification of the MLC, 2006, in 2014 – but also to make up for the inadequacy and even the absence of information to enable it to produce the first report due.

To this end, the Government requests the technical and financial assistance of the Office in order to ensure the dissemination of the Convention among the sector’s professionals, strengthen the technical capacities of the officials, labour administration and merchant marine responsible for preparing the said report, and strengthen the capacities of the officials responsible for the implementation and monitoring of the Convention, particularly the inspectors and controllers in the maritime sector.

The Government reaffirms its commitment to ILO standards, including all the standards supervisory bodies, and undertakes to provide any useful information to enable the follow-up to the Committee’s recommendations. Lastly, the Government emphasizes that, thanks to the participation of two of its officials in a training course organized in the first half of 2023 by the International Training Centre of the ILO in Turin, with a view to strengthening the capacity of constituents to prepare reports on the implementation of MLC, 2006, and despite the official period having passed for the submission of reports under article 22 of the Constitution to the Committee of Experts, the Government assures the Committee of the submission of the first report on the implementation by Gabon of the MLC, 2006. It also requests the Committee to afford it the possibility of providing additional information at a later date.

Discussion by the Committee

Chairperson – We now turn to the first case on our agenda, and that is Gabon on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006).

Government representative – Following Gabon’s inclusion on the definitive list of individual cases submitted for examination by the Committee for failure to send the first report following ratification of the MLC, 2006, in 2014, I would like to thank you for the opportunity you are giving my country’s delegation to provide updated and detailed information on the actions and measures taken at the national level to give effect to the provisions of the Convention.

Before continuing my statement, I am pleased to present the compliments of my country to the Committee of Experts for the important work it has continuously carried out since its establishment in monitoring the implementation of international labour standards.

The Government of Gabon reaffirms its commitment to respect its obligations with regard to reporting on ratified and non-ratified Conventions, as provided for by articles 19 and 22 of the ILO Constitution, including the maritime Convention, on which the first report has been sent to the Office, albeit belatedly.

The discussion with my country’s Government regarding the delay in sending the first report on the implementation of the MLC, 2006, allows me the opportunity to provide a brief history of the situation to give detailed and specific information to the Committee members on the reasons for the delay. To recall, the Minister of Foreign Affairs of Gabon signed the instrument of ratification on 29 March 2011, which was transmitted to the ILO via the Permanent Mission of Gabon in Geneva on 27 April 2011. However, the ILO was unable to register the ratification, as it did not include the mandatory declaration concerning the applicable social security branches. On 25 September 2014, the ILO received the missing declaration and therefore, for the ILO, the ratification could be registered that same day, that is, 25 September 2014.

However, for the Government of Gabon, the internal procedures relating to the ratification of international instruments in accordance with its Constitution had to be observed to give effect to the ratification procedure. Thus, between 2014 and 2019 (so for five years), different legal interpretations persisted between the experts of the two parties on whether the ratification of the MLC, 2006, was effective, which led to the impossibility of drafting a report on this instrument. Fortunately, at a joint meeting in the margins of the International Labour Conference in 2019, the two parties agreed that the ratification of the MLC, 2006, by Gabon should definitively be considered effective, even though the regularization should continue of internal mechanisms relating to the ratification procedures for international standards.

From 2019 to 2022, further difficulties arose with the dissolution of the National Assembly (one of the main chambers of Parliament), the outbreak of the COVID-19 pandemic, a lack of communication around the instrument meaning that those involved were unaware of it, insufficient capacity in the administrations responsible for preparing the first report on the MLC, 2006, and the absence of consistent technical assistance, owing in particular to the transfer of the standards specialist in the Yaoundé office in Cameroon, without an immediate replacement.

In light of the foregoing, the delay observed in the submission of the first report by Gabon on the application of the MLC, 2006, is accounted for by a combination of the above factors.

For example, the lack of awareness of the instrument in question by a significant number of the actors in the maritime sector, the insufficient capacities of the administrations responsible for drafting the report and the lack of dissemination since its ratification have been real obstacles, as the information requested of those involved on a daily basis – the seafarers – has never been available, thus making it difficult to submit the first report due to a lack of substantial information. Beyond these explanations, we are aware that, by ratifying the MLC, 2006, Gabon is bound by its obligations, as a coastal, flag and port State, to grant seafarers access to decent work. The MLC, 2006, therefore applies to seafarers.

In this regard, we note that, irrespective of the lack of awareness of this instrument by the main actors involved, it should be mentioned that this sector is fortunately covered by a robust legislation in accordance with the requirements of the MLC, 2006. For example, at the legal level and with regard to the requirements of the MLC, 2006, the application of the provisions of Regulation No. 08/12-UEAC-088-CM-23, issuing the Community Merchant Shipping Code, is mentioned among the documents which must be carried on board ships flying the Gabonese flag and foreign ships operating in Gabonese territorial waters. In addition, it should be mentioned that through its accession to the Code of the Central African Economic and Monetary Community (CEMAC), the parties acknowledge their contribution to the improvement of safety of ships and property at sea, and safety of human lives on board ships, in order to give full effect to the provisions of this Code.

Further, prior to the accession of Gabon to the MLC, 2006, Gabon applied both Act No. 10/63 of 12 January 1963 issuing the Merchant Shipping Code of Gabon and the CEMAC Community Code to deal with questions relating to seafarers. Under Act No. 1/63, the provisions of the Community Code are applicable to all ships registered in Gabon, and all naval authorities and crew on board. Act No. 10/63 establishes no restriction as to which ships are exempt from its application. With regard to social security, for example, section 98 of Act No. 10/63 provides that “seafarers shall be cared for at the shipowner’s expense if they are injured in the service of the ship or fall ill while on board. In the event of death, funeral expenses are incurred by the shipowner.” We are nonetheless committed to taking specific measures to give fuller effect to the provisions of the Convention, for the well-being of the seafarers.

Among the measures taken to give effect to the MLC, 2006, to ensure the drafting of reports and the follow-up to its implementation, we have undertaken to strengthen the capacities of the officials in charge of this case. We therefore take this opportunity provided to us to thank the ILO for its assistance, which enabled certain personnel from the ministry responsible for labour and transport to participate in online training organized by the International Training Centre in Turin with a view to building their capacities in 2020 and 2021.

More recently, in the first half of 2023, two public officials, one from the merchant shipping administration and the other from the labour administration, have been following the sessions of the Training Centre in Turin on the presentation of reports. The results of that training have enabled us to transmit the first report on the implementation of the MLC, 2006, to the ILO.

With respect to the difficulties that my Government encountered when drafting this first report, we request ILO technical and financial assistance with a view to supporting us in the effective and regular submission of reports in accordance with the provisions of article 22 of the ILO Constitution, strengthening the technical capacities of the personnel of the labour and transport administrations so that the reports on the instrument in question are provided on a regular basis, and leveraging the support for the monitoring and implementation of the Convention.

In view of the foregoing, I would like to reiterate the commitment of my country’s Government to continue to provide on a regular basis all of the reports, as has generally been the case but also, and above all, to take measures in order to effectively implement international labour standards in general and the MLC, 2006, in particular, for the benefit of our workers.

Worker members – This is the third time that this Committee examines the application of a Convention by Gabon. This is also just the second time we are examining the application of the MLC, 2006.

As the Committee of Experts highlighted in a dedicated section of the General Report, seafarers around the world faced tremendous challenges during the COVID-19 pandemic. Hundreds of thousands of seafarers were stranded away from home for many months. Many were not paid; many were refused medical treatment and the rates of abandonment climbed to never-before-seen levels. In this regard, the Committee of Experts has indicated that it is precisely at times of crisis that the protective coverage of the MLC, 2006, assumes its full significance and needs to be most scrupulously applied. Indeed, the MLC, 2006, is a pioneering instrument designed to confront the many issues faced by workers in the most globalized of sectors – the shipping industry. The MLC, 2006, is unique in that it truly reflects the reality of the shipping industry and uses original approaches to gain widespread ratification. To date, 103 Member States responsible for regulating conditions for seafarers on more than 96.6 per cent of the world’s gross tonnage of ships have ratified the Convention. This is truly remarkable. However, ratification is just the first step – effective implementation is critical.

This needs to be the starting point for our discussion of Gabon’s application of the Convention in law and practice. Gabon ratified the MLC, 2006, in 2014 and has also accepted the amendments adopted by the International Labour Conference in 2016 and 2018. While we do not know the number of seafarers working in the Gabonese merchant marine, from the public data available, we understand that there are around 146 ships that fly the Gabonese flag, which are made up of crude oil tankers, chemical or oil products tankers and general cargo ships. It has been reported that in terms of percentage growth, the Gabonese flag is now the fastest growing in the world. It is therefore extremely concerning that the Government has still not sent its first report on the MLC, 2006, to the Committee of Experts, six years after it was due. As the Committee of Experts has highlighted, the provisions of the Convention are mainly implemented through a Regulation of the CEMAC issuing the Community Merchant Shipping Code of 22 July 2012, which is directly applicable to Gabon and is one of the documents that must be carried on board ships flying the Gabonese flag and foreign ships operating in Gabonese territorial waters.

We note positively that section 1 of the Labour Code does not exclude seafarers from its scope of application. However, we are unable to say whether Gabonese unions and shipowners were consulted in the ratification process or in relation to any determinations made under the Convention. The Government needs to clarify this as a matter of priority.

We also note that, in accordance with Standard A4.5(2) and (10), the Government has specified the following branches of social security: old-age benefit, employment injury benefit, family benefit, invalidity benefit and survivors’ benefit. However, without an Article 22 report, we do not have information regarding steps taken in accordance with Regulation 4.5, paragraph 2 of the Convention, to extend protection to other branches. Therefore, it is with regret that we note that the Committee of Experts was unable to make any observations on the application of several provisions of the Convention due to the Government’s failure to respond.

Despite the many innovative features of the MLC, 2006, including an elaborate inspection regime by port States, the usual oversight role taken by the Committee of Experts in reviewing Member States’ national implementation of the Convention remains a critical and essential part of effective application.

We recall that the very essence of the ILO supervisory system is the dialogue between its constituents at the national and international levels. This dialogue is based on information provided on the application of Conventions in law and practice. Failure to submit reports, comments or replies severely undermines the supervisory system and the very functioning of the ILO. The Government must, as a matter of urgency, seek ILO technical assistance to ensure that it complies with its reporting obligations.

Ships of ratifying Member States, including Gabonese-flagged vessels, are required to carry a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance (DMLC) on board. The DMLC must not only “identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions”, but also provide “to the extent necessary, concise information on the main content of the national requirements”. Flag States are also expected to ensure that national laws and regulations implementing the Convention’s standards are respected on smaller ships, including those that do not go on international voyages that are not covered by the certification system. This provision is especially important in the Gabonese context as a major coastal State and its reliance on maritime transport. Also, without adequate national implementation of the Convention, it is unclear how Gabonese port State inspectors can carry out effective ship inspections in line with the MLC, 2006.

It is evident that the need for the proper transposition of international labour standards at the national level is even more important when it comes to the MLC, 2006. It is therefore imperative that the Government urgently put in place a process to ensure the adequate national implementation of the Convention in consultation with the social partners.

Finally, although the MLC, 2006, is a technical Convention, the life and wellbeing of the world’s 1.6 million seafarers depend on its proper application. Indeed, the MLC, 2006, sets out seafarers’ rights to decent conditions of work on pretty much every aspect of their working and living conditions including minimum wage, employment agreements, hours of work and social security. The Convention also provides that every foreign ship calling, in the normal course of its business or for operational reasons, into the port of an ILO Member State may be the subject of inspection in accordance with paragraph 4 of Article V for the purpose of reviewing compliance with the Convention. Therefore, it is no surprise that the application of this Convention has significantly improved the lives of the world’s seafarers – a group of workers who are often out of sight, out of mind.

The MLC, 2006, is a vital instrument for the world’s seafarers. This Committee needs to send a strong message that its effective implementation requires ratifying Member States to comply with their obligations, including those related to reporting and national implementation. We urge the Government to comply with its reporting obligations and submit its first report to the Committee of Experts before its next session.

Employer members – The Employer members thank the Government of Gabon for the written and oral information provided. We take note of Gabon’s expressed intent to rectify the issue under consideration. This case concerns Gabon’s compliance with the MLC, 2006. The MLC, 2006, is the product of five years of tripartite work by governments, seafarers trade unions as well as shipowners. Not only is it a landmark legal instrument for the ILO, but it also plays a crucial role in safeguarding seafarers’ working conditions and welfare and contributes to sustainable shipping based on a level playing field. The MLC, 2006, represents one of the most up-to-date and dynamic ILO legal instruments: it has been amended four times since the adoption, and two more ratifications added up to an already long list this year.

It is therefore of the outmost importance that this legal instrument is not undermined. Gabon has ratified all fundamental Conventions except the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), as well as 41 other ILO Conventions. In particular, Gabon’s ratification of the MLC, 2006, dates back to September 2014.

It is not the first time the Committee of Experts has raised concerns regarding Gabon’s compliance with its commitments under the MLC, 2006. The Committee of Experts has provided three observations since 2020, which were repeated twice due to the Government’s failure to submit its first report, despite an urgent appeal was made. This is however, the first time the case is discussed in this Committee. The Employer members also take note that Gabon has asked for technical and financial assistance for the implementation of this Convention. There are two main issues in this case, namely:

- the timely reporting on the implementation of the MLC, 2006, by Gabon.

- the adoption of measures implementing, both in law and practice, the obligations set forth under the MLC, 2006, to secure the right of all seafarers to decent employment.

On the first issue, the Employer members regret that the Government of Gabon has not submitted its first report on the implementation of MLC, 2006, for four consecutive years. We would like to highlight that, with ratification of any legal instrument, come legal obligations. In particular, according to article 22 of the ILO constitution, not only does ratification of ILO Conventions entail compliance with the substantial obligations set forth therein, but also with procedural ones, notably obligations to report on the implementation of the ratified Conventions both in law and practice. In this regard, submitting timely and detailed first reports is of vital importance as it represents the precondition for the effective functioning of the supervisory system that this Committee embodies. The Employer members highlight that States should not ratify comprehensive ILO Conventions, such as the MLC, 2006, unless the ratifying States are assured that they have the ability to implement the Conventions’ obligations, and the capacity to report on its application in law and practice.

The Employer members further take note of the information provided by the Government on this matter, notably that the failure to submit the first report is due, first, to the legal procedure leading to the ratification of the Convention and, second, to the lack of knowledge of the Convention among Gabonese maritime professionals.

We also appreciate the effort undertaken by the Government to fill such gaps, including taking part in ILO training courses. Stressing that failure to report strongly impacts on the proper functioning and work of this Committee, we call on the Government to fill this reporting gap and send its first report on the application of the MLC, 2006, without any further delay. We take note of the Government’s request for financial and technical assistance from the Office, and we request it to avail itself of such assistance as soon as possible to be able to fulfil its reporting obligations.

On the second issue, the Employer members take note that the provisions of the Convention are mainly implemented through a Regulation of the Central African Economic and Monetary Community issuing the Community Merchant Shipping Code of 22 July 2012, which is directly applicable to Gabon. We further take note that section 1 of the Labour Code does not exclude seafarers from its scope of application. With this in mind, the Employer members request the Government to adopt without delay the necessary measures to implement the Convention, taking into account the matters raised in the request addressed directly to the Government by the Committee of Experts. In this regard, the Employer members remind the Government that it may avail itself of the technical assistance of the Office. Based on the information provided by the Government of Gabon, the Employer members trust that the Government will make all the necessary efforts to comply with its obligations.

Government member, Cameroon – It is a real pleasure for me to take the floor on behalf of the Government of Cameroon.

Turning to the item on the agenda, the Government of Cameroon wishes to thank the Government of Gabon for the preliminary information submitted to our Committee, first oral information, as we have just heard, on the implementation in law and practice of the MLC, 2006. It is clear from all this information that Gabon has spared no effort to comply with the constitutional obligations under the ratification of the MLC, 2006. We therefore encourage the Government of Gabon, in its capacity as flag State and port State, to continue with all the steps it has taken to comply with the those obligations. Stanislaw Jerzy once said “ignorance of the law does not exempt from liability”. In light of this quote, the Government of Cameroon welcomes the commitment of the Government of Gabon to respect its constitutional obligations.

In the same vein, while thanking the Office which, through the International Training Centre in Turin, has strengthened the capacity of Gabonese officials to draft reports, we support the request for technical and financial assistance made by the Government of Gabon. We request the Office to respond favourably to this request, in order to assist the Government in disseminating the Convention among professionals in the sector concerned, while strengthening the technical capacities of all the tripartite constituents in charge of preparing the report required, and monitoring and implementing the Convention. To conclude, the Government of Cameroon encourages Gabon to leverage the expertise requested of the Office, to thereby comply with all its constitutional obligations.

Worker member, Eswatini – I take the floor on behalf of the workers of the Kingdom of Eswatini. The Worker delegates of the Commonwealth countries align themselves with this statement. At the outset, we congratulate the Government of Gabon for having taken the necessary steps to ratify the MLC, 2006, in 2014. The necessary implication of the ratification is that Gabon should give complete effect to the provisions of the Convention in order to secure the right of all seafarers to decent employment as dictated by Article I of the Convention, which includes the periodic reporting on its application.

The failure of the Government to report on the application of the Convention is of great concern to us. We want to remind the Government of Gabon that it is in breach of its obligation under the ILO Constitution, which provides in Articles 22 and 23 that: “each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request. … Each Member shall communicate to the representative organizations recognized for the purpose of Article 3 copies of the information and reports communicated to the Director-General in pursuance of Articles 19 and 22.”

Gabon must consult the social partners on the development and compilation of these reports and any other reforms designed to give effect to the application of the MLC, 2006, in the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), to which it is already a party. In this respect, we urge the Government of Gabon in consultation with the stakeholders to, without further delay, submit the report as requested by the Committee of Experts and put in place necessary measures including through legislative reforms for the full implementation of the Convention.

Worker member, Australia – I am speaking on behalf of the Australian Unions and the Commonwealth Trade Union Group. We would like to raise examples of good practices of countries implementing the MLC, 2006. I would like to provide the example of my country, Australia, in this regard. The Australian Maritime Safety Authority (AMSA) is the competent authority responsible for the regulation of the Convention and its requirements in Australia. As Australia is a large user of international ships and only has a small domestic shipping fleet, its port State control function is the key mechanism through which it implements the MLC, 2006, in practice in Australia. AMSA ensures compliance with the conditions under the MLC, 2006, and the welfare of seafarers by processing all MLC, 2006, complaints in relation to vessels in or coming into Australian ports; conducting port and flag State control inspection of vessels coming into Australian ports; ensuring registered Australian vessels are certified in accordance with the MLC, 2006; and taking a leading role in supporting the Australian Seafarers’ Welfare Council (ASWC), which promotes seafarer welfare services in Australian ports to support and protect seafarers. The International Transport Workers’ Federation (ITF) and its Australian affiliated unions are members of the ASWC. Within Australia, all foreign flag vessels are subject to port State inspections detailed in regulation 5.2 of the Convention, irrespective of whether their flag State has ratified the Convention. Where the flag State has not ratified the MLC, 2006, such vessels must be able to provide documentary evidence of compliance with its regulations and standards. Seafarers have a right to make a complaint to MSA regarding breaches of the requirements of the MLC, 2006. Marine Order 11 provides that a seafarer may report such a breach to AMSA to facilitate a prompt and practical means of redress.

AMSA works closely with the shipping inspectorate of the ITF in the implementation of its port State control functions and maintains a memorandum of understanding with the Fair Work Ombudsman to help ensure compliance with the seafarer’s labour rights under the MLC, 2006. The majority of complaints received by AMSA are related to conditions of employment, Title 2 of the MLC, 2006. This includes seafarer employment agreements, wages, hours of work and rest, entitlement to leave, repatriation, seafarer compensation, crewing levels and career development. AMSA actively follows up complaints and seeks a resolution. Some are referred back to the flag State, many are resolved on the ship, but a significant number result in deficiency notices being issued, which are followed up to ensure deficiencies are rectified.

The AMSA inspections include an examination of seafarer employment agreements to ensure they reference a collective bargaining agreement, to ensure the seafarers wages and entitlements are specified and that seafarers are being repatriated to their home port at the expiry of the contracted duration of employment. AMSA provides occupational health and safety inspectorate functions for Australian seafarers and applies the same principles to international seafarers under the MLC, 2006. AMSA has a strong risk-based ship safety inspection programme to address ship deficiencies that are hazards to safe work and require rectification before a ship can leave port and works closely with the Maritime Union of Australia dockworkers occupational safety and health (OSH) representative to ensure onboard OSH issues are resolved. Regarding skills development, AMSA consistently checks on seafarers’ occupational certificates to ensure seafarers are qualified and certified to safely perform functions on ships and be able to respond to emergencies at sea.

Observer, International Transport Workers’ Federation (ITF) – As stated by the Worker spokesperson, this is only the second time in the history of this Committee that we are examining the application of the MLC, 2006, in law and practice.

It took over five years of international tripartite consultation to develop an instrument designed to achieve near universal ratification. We managed to embed in international law strong labour standards for seafarers and a unique enforcement mechanism in an industry that is notorious for poor employment practices, including abandonment and forced labour.

Despite the Convention’s innovations and the role of the Special Tripartite Committee of the MLC, 2006, the review of national implementation of the MLC, 2006, by the Committee of Experts, and indeed this Committee, remains fundamental to its proper application in law and practice. Therefore, it is very disappointing that the Government of Gabon has not submitted a first report on the MLC, 2006, six years after the original deadline. It is also concerning that there appear to be limited national implementation measures almost a decade after ratification. Nevertheless, we have already heard this morning some information on national provisions that is encouraging. Indeed, the Committee of Experts has noted that provisions of the Convention are mainly implemented through a Regulation of the Central African Economic and Monetary Community and certainly we would like to learn more about national implementation. We would note that a serious failure to report is not only a procedural issue, but something that can have an adverse impact on seafarers working on board Gabonese-flagged vessels and seafarers that call at its ports every year.

Since 2021, the ITF’s maritime inspectorate has inspected 14 different currently Gabonese-flagged vessels. They have identified several problem types reported on the vessels, including abandonment (once), breach of contract (ten instances), international standards non-compliance (twice), medical concerns (twice) and owed wages (once), among others. Regarding flag State and port State inspections, however, it is unclear whether there are any national procedures that would ensure effective enforcement. We would need to see details in the Article 22 report. We are heartened by the Government’s request for ILO technical assistance and its stated commitment to furnish the Committee of Experts with the first Article 22 report. In addition to training at the International Training Centre of the ILO in Turin, the Office of course has an excellent suite of guidelines, FAQs and literature on the MLC, 2006. Peer learning on best practice is also a major part of “getting it right” when it comes to the MLC, 2006. And of course, global unions and shipowner groups will also be happy to assist the Gabonese Government. Finally, we trust that the Government will indeed transmit the report to the Committee of Experts before its next session.

Government representative – On behalf of my Government, I thank the various speakers for their rich contributions to this debate. As highlighted in my first intervention, Gabon is committed to continuing to cooperate with the ILO supervisory bodies by providing all reports on a regular basis, as has generally been the case.

In the course of this year, the Government had 16 reports on ratified Conventions to provide to the ILO. Of these 16, 15 were transmitted to the Office, which demonstrates my country’s commitment and willingness to uphold its international obligations. Only the first report concerning the MLC, 2006, for reasons evoked earlier, and for which we are before the Committee this morning, was not provided within the prescribed time limits.

With respect to effective implementation, the Government will progressively take the necessary measures for the interests of seafarers. Hence why it is taking this opportunity to request ILO assistance to give effect to certain concerns raised by the speakers. We will also draw on the good practices that have been shared in this room.

Employer members – We thank the various speakers who took the floor, and most notably the Government of Gabon. Once again, the Employer members wish to highlight the essential duty of any ratifying State to implement ratified legal instruments both in law and practice. We reiterate that the MLC, 2006, provides for fundamental international legal standards in the maritime sector – an industry that has been subjected to ILO standards for a long period of time.

The Employer members repeat that first reports are vital to provide the basis to start a timely dialogue between the Committee of Experts and the ILO Member States on the application of a ratified Convention.

In light of the above, we request the Government of Gabon to:

- fill the serious reporting gap and send its first report on the application of the MLC, 2006, without any further delay;

- take all the necessary measures to ensure it complies in law and practice with the MLC, 2006;

- provide full information regarding the application in law and in practice of the MLC, 2006, in Gabon, notably:

(i) a copy of any legislative texts or other regulatory instruments, once adopted;

(ii) full information on the implementation of the Convention;

(iii) updated statistics on the number of seafarers who are nationals or residents of Gabon or who work on ships that fly the Gabonese flag.

Finally, the Employer members request the Government to avail itself of the technical assistance of the Office for the implementation of the above-mentioned recommendations.

Worker members – We thank the Government of Gabon for its comments, including provisions of national laws implementing certain elements of the Convention. We also thank the speakers who took the floor for their contributions to the discussion.

As we have heard today, the effective application of the MLC, 2006, requires thorough national implementation in consultation with the social partners. To this end, the Government must meaningfully engage with the social partners without delay.

We note that the Convention seeks to be firm on rights and flexible on implementation, meaning that the MLC, 2006, sets out the basic rights of seafarers to decent work, but leaves a large measure of flexibility to ratifying countries as to how they will implement these standards for decent work in their national laws. This flexibility should allow the Government to implement the Convention as relevant to its shipping sector. Of course, any such flexibility must be exercised in consultation with the social partners, with any determinations that are made reported to the ILO.

We also recall the importance of Article III of the Convention on fundamental principles and rights at work. The governments must satisfy themselves that the provisions of their national legislation respect fundamental rights, in the context of the MLC, 2006, and report to the Committee of Experts accordingly.

We support the Government’s request for ILO technical assistance and hope that this can be arranged before the next Conference. We are also encouraged by the Government’s indication that two of its officials recently participated in a training course organized by the Training Centre in Turin with a view to building the capacity of constituents in the preparation of reports on the implementation of the MLC, 2006. We trust that the Government will also assist maritime trade union representatives to attend similar training sessions. As we have heard from our benches today, there are also some great examples of effective implementation of the MLC, 2006, in law and practice – peer learning is a critical part of the process.

We further expect the Government to submit its report on the MLC, 2006, to the Committee of Experts before its next session. Should a declaration of acceptance of the amendments to the Convention that have not already been accepted be submitted shortly, the report should also take these into account. In this regard, we note that the report form for the MLC, 2006, has helpfully been modified to take into account the amendments to the Code of the Convention.

Finally, it was also once again suggested that governments should conduct an analysis before ratification. We want to assure everyone, as we have previously done in the Committee that to our knowledge no government proceeds with ratification lightly, including in relation to technical Conventions. It is often the result of a long process that includes social dialogue with constituents at the national level with the assistance of the ILO when requested. The Office remains available to continue to provide technical assistance to support the implementation of the obligations. We ask the Government to take advantage of this.

Chairperson – I wish to inform the Committee members that the Government of Gabon sent the first report on the application of the MLC, 2006, which was received by the Office yesterday. With this, we conclude the discussion on this case.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

The Committee insisted on the need to effectively apply the Maritime Labour Convention, 2006 as amended (MLC, 2006) at the national level, and to ensure that the Government meets its obligations to regularly report within the prescribed time limits.

Taking into account the discussion, the Committee urges the Government to:

- take all necessary measures to ensure it complies in law and practice with the Convention, in consultation with the social partners;

- provide full information to the Committee of Experts regarding the application of the Convention in law and practice, including:

(i) a copy of all legislative texts or other regulatory instruments, once adopted;

(ii) updated statistics on the number of seafarers who are nationals or residents of Gabon, or who work on board ships flying the Gabonese flag.

The Committee urges the Government to provide the information mentioned before 1 September 2023.

The Committee also requests the Government to request ILO technical assistance for the implementation of the above recommendations.

Government representative – The Government of the Republic of Gabon wishes to thank the Committee for the important work carried out before and during its appearance before it.

With a view to providing information relating to the difficulties encountered in transmitting its first report on the MLC, 2006, the Government notes the conclusions and recommendations of the Committee aimed at enabling it to better fulfil its constitutional obligations in the future, and reaffirms its readiness and willingness to cooperate with all of the ILO supervisory bodies within the framework of the implementation and monitoring of ratified and non-ratified Conventions in this area, and in accordance with its commitment to multilateralism.

In cooperation with the social partners in the maritime sector, the Government is committed to providing the additional information requested within the time limits indicated by the Committee. It also undertakes to request the technical assistance to support and realize its efforts to give effect to the provisions of the MLC, 2006, in order to ensure more effective protection of seafarers.

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

Previous comment

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), submitted following an initial examination by the Committee on the basis of publicly available information, in the context of the “urgent appeals” procedure. The Committee recalls that Gabon has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference and is therefore not bound by these amendments.

Article II, paragraphs 1(f) and (i), 2 and 4 of the Convention. Definitions and scope of application. Seafarers. Ships. With reference to its previous comment, the Committee notes the Government’s reply that no categories of persons or ships have been exempted from the application of the Convention. The Committee notes this information.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum Age. Hazardous work. The Committee notes that the Government provides no new information in reply to its previous comment. The Committee therefore once again requests the Government to indicate the measures adopted to ensure that the employment of seafarers under the age of 18 years is prohibited where the work is likely to jeopardize their health or safety, as required by Standard A1.1, paragraph 4. It also requests the Government to specify whether a list of such types of work exists and, if so, to indicate whether it was adopted after consultation with shipowners’ and seafarers’ organizations.

Regulation 1.2 and Standard A1.2, paragraphs 2, 4, 5 and 7. Medical certificate. Nature of medical examination. Duly qualified medical practitioner. Right to have a further examination. Period of validity. With reference to its previous comment, the Committee notes the Government’s reply that a bill establishing the physical fitness requirements for navigation is being drafted to give effect to these provisions of the Convention. The Committee requests the Government to adopt this bill expeditiously and to provide a copy thereof with its next report.

Regulation 1.4 and the Code. Recruitment and placement. In reply to the Committee’s previous comment, the Government indicates that while in practice private services for the placement of seafarers do exist, the authorities do not carry out any controls because a list of these services has not yet been drawn up. The Committee requests the Government to adopt the necessary measures to give effect to Standard A1.4.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. With reference to its previous comment, the Committee notes that the Government has decided on a method to calculate the maximum hours of work as eight hours daily and 48 hours weekly, without, however, indicating the legislative base for doing so. The Committee requests the Government to indicate the applicable national provisions giving effect to these requirements of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. Noting that the information requested is not available, the Committee reiterates its previous comment.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. Noting that the Government has not replied to its question, the Committee reiterates its previous comment.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. Noting that the information requested is not available, the Committee reiterates its previous comment.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. Noting that the information requested is not available, the Committee reiterates its previous comment.

Regulation 2.5, paragraph 2. Repatriation. Financial security. Noting that to date, there is no text implementing the provisions of the 2014 amendments, the Committee reiterates its previous comment.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. Noting that the Government has not replied to its question, the Committee reiterates its previous comment.

Regulation 3.2 and the Code. Food and catering. Noting that the Government has not replied to its question, the Committee reiterates its previous comment.

Regulation 4.5 and the Code. Social security. Noting that the information requested has not been provided, the Committee reiterates its previous comment.

Regulation 5.1 and the Code. Flag State responsibilities. With reference to its previous comment, the Committee notes the Government’s reply that section 18 of Act No. 10/63 of 12 January 1963 issuing the Merchant Shipping Code provides that before leaving a Gabonese port, any Gabonese vessel may be subject to an outbound visit. Such visits are conducted by a navigation inspector or by an official designated by the maritime authority. The Government specifies that the navigation inspector may prohibit or postpone, until these requirements are met, the departure of any vessel which, owing to its state of repair, instability, loading conditions or for any other reason appears to the inspector unfit to sail without endangering the crew or persons on board. 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, concerning flag State responsibilities. The Committee requests the Government to adopt without further delay the measures necessary to give effect to Regulation 5.1 of the Convention in its entirety, in particular in relation to Regulation 5.1.3 on the Maritime Labour Certificate and Declaration of Maritime Labour Compliance and Regulation 5.1.4 on inspection.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. In reply to its previous comment, the Committee notes the Government’s indication that recognized organizations were authorized to act on behalf of the Government without, however, providing further details. The Committee also notes that section 212(1) of the Community Merchant Shipping Code (CCMM) provides that “the authorization of classification societies meeting the criteria established by Resolution No. A.739(18) of the International Maritime Organization (IMO) and Regulation 5.1.2 of the MLC, 2006, on the authorization of recognized organizations shall result in an agreement, conforming to the model distributed by the IMO, between the competent maritime authority and the authorized classification society, specifying in particular the obligations that the latter must fulfil in carrying out its mandate.” Section 215 provides that authorized classification societies shall periodically provide information 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 delegated to perform inspection and certification functions under the Convention, specifying the functions authorized (Standard A5.1.2, paragraph 4).

Regulation 5.1.3 and Standard A5.1.3. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Noting that the information requested has not been provided, the Committee reiterates its previous comment.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 4, 6, 11(a) and 17. Flag State responsibilities. Inspection and enforcement. Intervals of inspection. Training, status independence, authority and impartiality of inspectors. Noting that the Government does not provide information on measures taken to give effect to these provisions of the Convention, the Committee recalls that the requirements of this Standard stipulate that measures must be adopted to ensure that inspectors have the status and independence necessary to enable them to verify the application of the Convention. Therefore, the Committee requests the Government to indicate the manner in which effect is given to Standard A5.1.4, paragraphs 3, 4, 6, 11(a) and 17.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Powers of inspectors. The Committee notes that the Government does not provide information on measures taken to give effect to this provision of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to give effect to these requirements of the Convention.

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Compensation in the event of a ship being unduly detained. Noting that the information requested is not available, the Committee reiterates its previous comment.

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

Previous comment

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111th Session, June 2023)

The Committee recalls that in 2021, in the framework of the procedure of “urgent appeal”, it examined the implementation of the Convention by Gabon on the basis of publicly available information given that the Government had failed to submit a first report for four consecutive years. The Committee welcomes the Government’s first report which was submitted during the June 2023 session of the Conference Committee on the Application of Standards (hereinafter, the “Conference Committee”). The Committee notes the discussion, which took place during the same session of the Conference Committee concerning the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), by Gabon. It notes that the Conference Committee recalled the critical importance of effective national implementation of the Convention and the need for ratifying Member States to ensure they meet their regular reporting obligations within the prescribed time limits. The Conference Committee requested the Government to take all necessary measures to ensure its compliance in law and practice with the Convention, in consultation with the social partners; and to provide full information to the Committee of Experts regarding the application of the Convention in law and practice, including: (i) a copy of all legislative texts or other regulatory instruments, once adopted; and (ii) updated statistics on the number of seafarers who are nationals or residents of Gabon, or who work on board ships flying the Gabonese flag. The Committee also requested the Government to seek ILO technical assistance for the implementation of the above recommendations.

The Committee notes that two Government representatives participated in a course offered by the ILO Training Centre on reporting on the MLC, 2006, which led to the finalization of the report. It also notes that after the International Labour Conference, a number of exchanges and a follow-up meeting took place between the Office and the Government and that discussions are taking place concerning the most appropriate way to provide technical assistance. The Committee hopes that the Government will avail itself of the technical assistance of the Office to address the numerous issues still pending with a view to fully implementing the Convention.

Article I of the Convention. General questions on application. Implementing measures. In its previous comment, the Committee requested the Government to adopt without delay the necessary measures to implement the Convention. The Committee observes that, according to the Government’s report, legislative texts implementing the requirements of the Convention have not yet been adopted. The Committee recalls that under Article I of the Convention, each Member which ratifies the Convention undertakes to give complete effect to its provisions in the manner set out in Article VI in order to secure the right of all seafarers to decent employment. The Committee therefore requests the Government to adopt without further delay the necessary measures to give effect to all provisions of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern 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.

Repetition

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 Gabon was not bound by any of the maritime labour conventions until its ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the Government has not submitted a declaration of acceptance of the amendments to the Code of the Convention, approved in 2014 by the International Labour Conference, and is not therefore bound by these amendments. The Committee notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2016, entered into force for Gabon on 8 January 2019. The amendments of 2018 are deemed to be accepted and will enter into force for Gabon on 26 December 2020. Further to its initial examination of the available information and documents, the Committee draws the Government’s attention to the matters raised below and reserves the possibility to address other matters at a later stage, if necessary.

Article II, paragraphs 1(f) and (i), 2 and 4 of the Convention. Definitions and scope of application. Seafarers. Ships. 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), defines “seafarers” and “mariners” (“marins”) as any maritime shipping professional and any other person whose occupational activity is performed at sea. It also notes that section 2(47) of the CCMM defines a “ship” as any vessel used to transport goods at sea. A “passenger ship” is any ship that transports more than 12 passengers. The Committee recalls that the Convention applies to all the seafarers and all the ships specified in Article II, paragraphs 1(f) and (i) of the Convention, other than those that are excluded under paragraphs 2 and 4. The Committee requests the Government to indicate whether categories of persons or ships have been exempted from the application of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work.The Committee notes the lack of legislative information available on the effect given to this provision of the Convention. In this regard, the Committee recalls that, in line with Standard A1.1, paragraph 4, the types of work likely to jeopardize the health or safety of seafarers shall be determined by national laws or regulations of by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures adopted to ensure that the employment of seafarers under the age of 18 is prohibited where the work is likely to jeopardize their health or safety, as required by Standard A1.1, paragraph 4. It also requests the Government to specify whether a list of such types of work exists and, if so, to indicate whether it was adopted after consultation with shipowners’ and seafarers’ organizations.

Regulation 1.2 and Standard A1.2, paragraphs 2, 4, 5 and 7. Medical certificate. Right of recourse. Duly qualified medical practitioner. Period of validity of the medical certificate. The Committee notes that section 404(3) of the CMM provides that “the competent authority, medical practitioners, examiners, shipowners, seafarers’ representatives and all other persons concerned with the conduct of medical examinations to certify as medically fit future and serving seafarers shall follow the ILO/WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, including any subsequent versions, and any other applicable international guidelines published by the International Labour Organization (ILO), International Maritime Organization (IMO) or World Health Organization (WHO)”. However, this provision of the CMM does not specify the requirements or directives that have been established concerning the nature of the medical examination, the right of recourse or the requirements applicable to persons authorized to issue medical certificates and certificates concerning sight only, nor the period of validity of the medical certificate. The Committee requests the Government to indicate how effect is given to Standard A1.2, paragraphs 2, 4, 5 and 7 of the Convention.

Regulation 1.4 and the Code. Recruitment and placement.The Committee notes the lack of available information on the application of Regulation 1.4 and the Code. The Committee requests the Government to indicate whether private services for the recruitment and placement of seafarers operate in Gabon and to indicate the legal framework applicable to these services.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes that section 431 of the CMM of the CEMAC allows each member State to choose the system governing hours of work and hours of rest. The Committee recalls that Standard A2.3, paragraph 2 requires each Member to fix either a maximum number of hours of work, which shall not be exceeded in a given period of time, or a minimum number of hours of rest, which shall be provided in a given period of time, within the limits set out in Standard A2.3, paragraph 5. The Committee requests the Government to specify the system selected regarding hours of work and hours of rest and to indicate all the applicable measures that give effect to Standard A2.3, paragraphs 2 and 5.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. The Committee notes the lack of information concerning the measures taken to prohibit the division of hours of rest into more than two periods, one of which shall be 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 of the Convention. The Committee requests the Government to provide information on the measures taken to give effect to these requirements 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 observes that there is no legislative information concerning the requirements relating to the mitigation of the disturbance caused by the various types of exercise and the provision of compensatory rest for seafarers once a normal situation has been restored, in conformity with Standard A2.3, paragraph 14. The Committee recalls that, in conformity with Standard A2.3, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the application of Standard A2.3, paragraph 14.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. The Committee observes that there is no available legislative information concerning the normal hours of work that seafarers must perform and, accordingly, the measures that have been adopted for seafarers under the age of 18. The Committee requests the Government to indicate how it ensures that the normal hours of work of seafarers include one day of rest per week and rest on public holidays, as required by Standard A2.3, paragraph 3.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes that there do not appear to be any national provisions concerning the requirements for records of daily hours of work or rest to be maintained, in a standardized format, and for seafarers to receive a copy of the records pertaining to them, endorsed by the master, or a person authorized by the master, and by the seafarers, in conformity 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 2.5, paragraph 2. Repatriation. Financial security. The Committee observes that there do not seem to be any legislative provisions giving effect to these provisions of the Convention. The Committee recalls that, in conformity with Regulation A2.5, paragraph 2, each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this requirement of the Convention.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. The Committee notes that there is no information available about the legislation giving effect to this provision of the Convention. The Committee recalls that, in conformity with Standard A2.7, paragraph 3, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to indicate the measures taken or envisaged to give effect to Regulation 2.7, paragraph 3.

Regulation 3.2 and the Code. Food and catering. Provision of food free of charge. The Committee notes that section 437(1) of the CMM provides that ships flying the flag of each member State shall comply with the following minimum standards: (a) an adequate supply of food and drinking water, of nutritional value and of satisfactory 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; and (b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in satisfactorily hygienic conditions. The Committee observes, however, that this provision does not specify whether shipowners are required to provide food free of charge to seafarers on board, in conformity with the requirements of Regulation 3.2, paragraph 1 and Standard A3.2, paragraph 2(a). The Committee requests the Government to indicate how effect is given to this requirement of the Convention.

Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification, and in conformity with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: old-age benefit, employment injury benefit, family benefit, invalidity benefit and survivors’ benefit. The Committee recalls that Standard A4.5, paragraph 3 provides that each Member shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. The Committee notes the lack of available information on the possible coverage by a social security scheme of seafarers ordinarily resident in the territory of Gabon, irrespective of their nationality or the flag of the ship on which they work. The Committee requests the Government to provide detailed explanations on all of the measures that give effect to Standard A4.5 and that guarantee seafarers ordinarily resident in Gabon the protection of the branches declared applicable.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that no information is available on the measures taken to give effect to these provisions of the Convention. The Committee requests the Government to provide information on all the regulations governing the inspection and certification of ships that fly the Gabonese flag, in conformity with Regulations 5.1.1, 5.1.3, 5.1.4 and 5.1.5, in order to ensure that the working and living conditions of the seafarers on ships that fly the flag of Gabon meet and continue to meet the Standards of the Convention.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that section 212 of the CMM refers to Resolution No. A739(18) of the IMO and to Regulation 5.1.2 of theMLC, 2006, governing recognized organizations. The Committee requests the Government to indicate whether it has decided to authorize recognized organizations to carry out inspections or to issue certificates, or both. If so, the Committee requests the Government to provide information concerning the legislative or other texts governing this authorization and the list of recognized organizations that it has authorized to act on its behalf, indicating the functions they are authorized to perform.

Regulation 5.1.3 and Standard A5.1.3. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the lack of information on the measures giving effect to these provisions of the Convention. The Committee therefore requests the Government to specify the provisions giving effect to Regulation 5.1.3 and Standard A5.1.3. The Committee requests the Government to provide a copy of the maritime labour certificate and the declaration of maritime labour compliance, Part I and one or more copies of the declaration of maritime labour compliance, Part II drawn up by a shipowner and certified by your country upon the inspection of one or more ships.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that Gabon adheres to the Memorandum of Understanding on Port State Control for the West and Central African Region (Abuja MoU). The statistical report of the Memorandum for 2019 states that two inspections were carried out by the maritime authorities of Gabon under this control mechanism. The Abuja MoU identifies the MLC, 2006, as one of the relevant instruments underpinning its Port State control mechanism. The Committee requests the Government to provide information on the number of complaints reported and resolved by the maritime authority (Regulation 5.2.2).

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities.Inspections in port. Compensation in the event of a ship being unduly detained.The Committee requests the Government to indicate the provisions or legal principles pursuant to which compensation shall be paid for any loss or damage suffered if a ship is unduly detained or delayed, in conformity with Standard A5.2.1, paragraph 8.

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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes with deep regret that the Government has failed to submit its first report on the application of the Convention for the fourth consecutive year. As the requested report has not been received, the Committee examined the application of the Convention on the basis of publicly available information.

Article I. General questions on application. Implementing measures. The Committee notes that the provisions of the Convention are mainly implemented through Regulation No. 08/12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) issuing the Community Merchant Shipping Code of 22 July 2012 (hereinafter, CCMM), which is directly applicable to Gabon and is one of the documents that must be carried on board ships flying the Gabonese flag and foreign ships operating in Gabonese territorial waters. The Committee also notes that section 1 of the Labour Code does not exclude seafarers from its scope of application. The Committee notes the lack of available information on the implementation of several provisions of the Convention. It recalls that, in conformity with Article I of the Convention, each Member which ratifies it undertakes to give complete effect to its provisions in order to secure the right of all seafarers to decent employment.The Committee therefore requests the Government to adopt without delay the necessary measures to implement the Convention, taking into account the matters raised in the request addressed directly to the Government. It further requests the Government to provide a copy of any legislative texts or other regulatory instruments once adopted, as well as full information on the implementation of the Convention, including updated statistics on the number of seafarers who are nationals or residents of Gabon or who work on ships that fly the Gabonese flag. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

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 Gabon was not bound by any of the maritime labour conventions until its ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the Government has not submitted a declaration of acceptance of the amendments to the Code of the Convention, approved in 2014 by the International Labour Conference, and is not therefore bound by these amendments. The Committee notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2016, entered into force for Gabon on 8 January 2019. The amendments of 2018 are deemed to be accepted and will enter into force for Gabon on 26 December 2020. Further to its initial examination of the available information and documents, the Committee draws the Government’s attention to the matters raised below and reserves the possibility to address other matters at a later stage, if necessary.

Article II, paragraphs 1(f) and (i), 2 and 4 of the Convention. Definitions and scope of application. Seafarers. Ships. 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), defines “seafarers” and “mariners” (“marins”) as any maritime shipping professional and any other person whose occupational activity is performed at sea. It also notes that section 2(47) of the CCMM defines a “ship” as any vessel used to transport goods at sea. A “passenger ship” is any ship that transports more than 12 passengers. The Committee recalls that the Convention applies to all the seafarers and all the ships specified in Article II, paragraphs 1(f) and (i) of the Convention, other than those that are excluded under paragraphs 2 and 4. The Committee requests the Government to indicate whether categories of persons or ships have been exempted from the application of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the lack of legislative information available on the effect given to this provision of the Convention. In this regard, the Committee recalls that, in line with Standard A1.1, paragraph 4, the types of work likely to jeopardize the health or safety of seafarers shall be determined by national laws or regulations of by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures adopted to ensure that the employment of seafarers under the age of 18 is prohibited where the work is likely to jeopardize their health or safety, as required by Standard A1.1, paragraph 4. It also requests the Government to specify whether a list of such types of work exists and, if so, to indicate whether it was adopted after consultation with shipowners’ and seafarers’ organizations.

Regulation 1.2 and Standard A1.2, paragraphs 2, 4, 5 and 7. Medical certificate. Right of recourse. Duly qualified medical practitioner. Period of validity of the medical certificate. The Committee notes that section 404(3) of the CMM provides that “the competent authority, medical practitioners, examiners, shipowners, seafarers’ representatives and all other persons concerned with the conduct of medical examinations to certify as medically fit future and serving seafarers shall follow the ILO/WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, including any subsequent versions, and any other applicable international guidelines published by the International Labour Organization (ILO), International Maritime Organization (IMO) or World Health Organization (WHO)”. However, this provision of the CMM does not specify the requirements or directives that have been established concerning the nature of the medical examination, the right of recourse or the requirements applicable to persons authorized to issue medical certificates and certificates concerning sight only, nor the period of validity of the medical certificate. The Committee requests the Government to indicate how effect is given to Standard A1.2, paragraphs 2, 4, 5 and 7 of the Convention.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the lack of available information on the application of Regulation 1.4 and the Code. The Committee requests the Government to indicate whether private services for the recruitment and placement of seafarers operate in Gabon and to indicate the legal framework applicable to these services.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes that section 431 of the CMM of the CEMAC allows each member State to choose the system governing hours of work and hours of rest. The Committee recalls that Standard A2.3, paragraph 2 requires each Member to fix either a maximum number of hours of work, which shall not be exceeded in a given period of time, or a minimum number of hours of rest, which shall be provided in a given period of time, within the limits set out in Standard A2.3, paragraph 5. The Committee requests the Government to specify the system selected regarding hours of work and hours of rest and to indicate all the applicable measures that give effect to Standard A2.3, paragraphs 2 and 5.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. The Committee notes the lack of information concerning the measures taken to prohibit the division of hours of rest into more than two periods, one of which shall be 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 of the Convention. The Committee requests the Government to provide information on the measures taken to give effect to these requirements 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 observes that there is no legislative information concerning the requirements relating to the mitigation of the disturbance caused by the various types of exercise and the provision of compensatory rest for seafarers once a normal situation has been restored, in conformity with Standard A2.3, paragraph 14. The Committee recalls that, in conformity with Standard A2.3, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the application of Standard A2.3, paragraph 14.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. The Committee observes that there is no available legislative information concerning the normal hours of work that seafarers must perform and, accordingly, the measures that have been adopted for seafarers under the age of 18. The Committee requests the Government to indicate how it ensures that the normal hours of work of seafarers include one day of rest per week and rest on public holidays, as required by Standard A2.3, paragraph 3.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes that there do not appear to be any national provisions concerning the requirements for records of daily hours of work or rest to be maintained, in a standardized format, and for seafarers to receive a copy of the records pertaining to them, endorsed by the master, or a person authorized by the master, and by the seafarers, in conformity 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 2.5, paragraph 2. Repatriation. Financial security. The Committee observes that there do not seem to be any legislative provisions giving effect to these provisions of the Convention. The Committee recalls that, in conformity with Regulation A2.5, paragraph 2, each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this requirement of the Convention.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. The Committee notes that there is no information available about the legislation giving effect to this provision of the Convention. The Committee recalls that, in conformity with Standard A2.7, paragraph 3, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to indicate the measures taken or envisaged to give effect to Regulation 2.7, paragraph 3.

Regulation 3.2 and the Code. Food and catering. Provision of food free of charge. The Committee notes that section 437(1) of the CMM provides that ships flying the flag of each member State shall comply with the following minimum standards: (a) an adequate supply of food and drinking water, of nutritional value and of satisfactory 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; and (b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in satisfactorily hygienic conditions. The Committee observes, however, that this provision does not specify whether shipowners are required to provide food free of charge to seafarers on board, in conformity with the requirements of Regulation 3.2, paragraph 1 and Standard A3.2, paragraph 2(a). The Committee requests the Government to indicate how effect is given to this requirement of the Convention.

Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification, and in conformity with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: old-age benefit, employment injury benefit, family benefit, invalidity benefit and survivors’ benefit. The Committee recalls that Standard A4.5, paragraph 3 provides that each Member shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. The Committee notes the lack of available information on the possible coverage by a social security scheme of seafarers ordinarily resident in the territory of Gabon, irrespective of their nationality or the flag of the ship on which they work. The Committee requests the Government to provide detailed explanations on all of the measures that give effect to Standard A4.5 and that guarantee seafarers ordinarily resident in Gabon the protection of the branches declared applicable.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that no information is available on the measures taken to give effect to these provisions of the Convention. The Committee requests the Government to provide information on all the regulations governing the inspection and certification of ships that fly the Gabonese flag, in conformity with Regulations 5.1.1, 5.1.3, 5.1.4 and 5.1.5, in order to ensure that the working and living conditions of the seafarers on ships that fly the flag of Gabon meet and continue to meet the Standards of the Convention.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that section 212 of the CMM refers to Resolution No. A739(18) of the IMO and to Regulation 5.1.2 of the MLC, 2006, governing recognized organizations. The Committee requests the Government to indicate whether it has decided to authorize recognized organizations to carry out inspections or to issue certificates, or both. If so, the Committee requests the Government to provide information concerning the legislative or other texts governing this authorization and the list of recognized organizations that it has authorized to act on its behalf, indicating the functions they are authorized to perform.

Regulation 5.1.3 and Standard A5.1.3. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the lack of information on the measures giving effect to these provisions of the Convention. The Committee therefore requests the Government to specify the provisions giving effect to Regulation 5.1.3 and Standard A5.1.3. The Committee requests the Government to provide a copy of the maritime labour certificate and the declaration of maritime labour compliance, Part I and one or more copies of the declaration of maritime labour compliance, Part II drawn up by a shipowner and certified by your country upon the inspection of one or more ships.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that Gabon adheres to the Memorandum of Understanding on Port State Control for the West and Central African Region (Abuja MoU). The statistical report of the Memorandum for 2019 states that two inspections were carried out by the maritime authorities of Gabon under this control mechanism. The Abuja MoU identifies the MLC, 2006, as one of the relevant instruments underpinning its Port State control mechanism. The Committee requests the Government to provide information on the number of complaints reported and resolved by the maritime authority (Regulation 5.2.2).

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation in the event of a ship being unduly detained. The Committee requests the Government to indicate the provisions or legal principles pursuant to which compensation shall be paid for any loss or damage suffered if a ship is unduly detained or delayed, in conformity with Standard A5.2.1, paragraph 8.

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

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

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

Repetition

The Committee notes with deep regret that the Government has failed to submit its first report on the application of the Convention for the fourth consecutive year. As the requested report has not been received, the Committee examined the application of the Convention on the basis of publicly available information.

Article I. General questions on application. Implementing measures. The Committee notes that the provisions of the Convention are mainly implemented through Regulation No. 08/12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) issuing the Community Merchant Shipping Code of 22 July 2012 (hereinafter, CCMM), which is directly applicable to Gabon and is one of the documents that must be carried on board ships flying the Gabonese flag and foreign ships operating in Gabonese territorial waters. The Committee also notes that section 1 of the Labour Code does not exclude seafarers from its scope of application. The Committee notes the lack of available information on the implementation of several provisions of the Convention. It recalls that, in conformity with Article I of the Convention, each Member which ratifies it undertakes to give complete effect to its provisions in order to secure the right of all seafarers to decent employment. The Committee therefore requests the Government to adopt without delay the necessary measures to implement the Convention, taking into account the matters raised in the request addressed directly to the Government. It further requests the Government to provide a copy of any legislative texts or other regulatory instruments once adopted, as well as full information on the implementation of the Convention, including updated statistics on the number of seafarers who are nationals or residents of Gabon or who work on ships that fly the Gabonese flag. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that Gabon was not bound by any of the maritime labour conventions until its ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the Government has not submitted a declaration of acceptance of the amendments to the Code of the Convention, approved in 2014 by the International Labour Conference, and is not therefore bound by these amendments. The Committee notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2016, entered into force for Gabon on 8 January 2019. The amendments of 2018 are deemed to be accepted and will enter into force for Gabon on 26 December 2020. Further to its initial examination of the available information and documents, the Committee draws the Government’s attention to the matters raised below and reserves the possibility to address other matters at a later stage, if necessary.

Impact of the COVID-19 pandemic. The Committee notes the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020, respectively, according to which the States that have ratified the Convention have not complied with certain of its provisions during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as set out in the Convention, the Committee refers to its general observation of 2020 on this subject.

Article II, paragraphs 1(f) and (i), 2 and 4 of the Convention. Definitions and scope of application. Seafarers. Ships. 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), defines “seafarers” and “mariners” (“marins”) as any maritime shipping professional and any other person whose occupational activity is performed at sea. It also notes that section 2(47) of the CCMM defines a “ship” as any vessel used to transport goods at sea. A “passenger ship” is any ship that transports more than 12 passengers. The Committee recalls that the Convention applies to all the seafarers and all the ships specified in Article II, paragraphs 1(f) and (i) of the Convention, other than those that are excluded under paragraphs 2 and 4. The Committee requests the Government to indicate whether categories of persons or ships have been exempted from the application of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the lack of legislative information available on the effect given to this provision of the Convention. In this regard, the Committee recalls that, in line with Standard A1.1, paragraph 4, the types of work likely to jeopardize the health or safety of seafarers shall be determined by national laws or regulations of by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures adopted to ensure that the employment of seafarers under the age of 18 is prohibited where the work is likely to jeopardize their health or safety, as required by Standard A1.1, paragraph 4. It also requests the Government to specify whether a list of such types of work exists and, if so, to indicate whether it was adopted after consultation with shipowners’ and seafarers’ organizations.

Regulation 1.2 and Standard A1.2, paragraphs 2, 4, 5 and 7. Medical certificate. Right of recourse. Duly qualified medical practitioner. Period of validity of the medical certificate. The Committee notes that section 404(3) of the CMM provides that “the competent authority, medical practitioners, examiners, shipowners, seafarers’ representatives and all other persons concerned with the conduct of medical examinations to certify as medically fit future and serving seafarers shall follow the ILO/WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, including any subsequent versions, and any other applicable international guidelines published by the International Labour Organization (ILO), International Maritime Organization (IMO) or World Health Organization (WHO)”. However, this provision of the CMM does not specify the requirements or directives that have been established concerning the nature of the medical examination, the right of recourse or the requirements applicable to persons authorized to issue medical certificates and certificates concerning sight only, nor the period of validity of the medical certificate. The Committee requests the Government to indicate how effect is given to Standard A1.2, paragraphs 2, 4, 5 and 7 of the Convention.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the lack of available information on the application of Regulation 1.4 and the Code. The Committee requests the Government to indicate whether private services for the recruitment and placement of seafarers operate in Gabon and to indicate the legal framework applicable to these services.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes that section 431 of the CMM of the CEMAC allows each member State to choose the system governing hours of work and hours of rest. The Committee recalls that Standard A2.3, paragraph 2 requires each Member to fix either a maximum number of hours of work, which shall not be exceeded in a given period of time, or a minimum number of hours of rest, which shall be provided in a given period of time, within the limits set out in Standard A2.3, paragraph 5. The Committee requests the Government to specify the system selected regarding hours of work and hours of rest and to indicate all the applicable measures that give effect to Standard A2.3, paragraphs 2 and 5.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. The Committee notes the lack of information concerning the measures taken to prohibit the division of hours of rest into more than two periods, one of which shall be 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 of the Convention. The Committee requests the Government to provide information on the measures taken to give effect to these requirements 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 observes that there is no legislative information concerning the requirements relating to the mitigation of the disturbance caused by the various types of exercise and the provision of compensatory rest for seafarers once a normal situation has been restored, in conformity with Standard A2.3, paragraph 14. The Committee recalls that, in conformity with Standard A2.3, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the application of Standard A2.3, paragraph 14.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee observes that there is no available legislative information concerning the normal hours of work that seafarers must perform and, accordingly, the measures that have been adopted for seafarers under the age of 18. The Committee requests the Government to indicate how it ensures that the normal hours of work of seafarers include one day of rest per week and rest on public holidays, as required by Standard A2.3, paragraph 3.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes that there do not appear to be any national provisions concerning the requirements for records of daily hours of work or rest to be maintained, in a standardized format, and for seafarers to receive a copy of the records pertaining to them, endorsed by the master, or a person authorized by the master, and by the seafarers, in conformity 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 2.5, paragraph 2. Repatriation. Financial security. The Committee observes that there do not seem to be any legislative provisions giving effect to these provisions of the Convention. The Committee recalls that, in conformity with Regulation A2.5, paragraph 2, each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this requirement of the Convention.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. The Committee notes that there is no information available about the legislation giving effect to this provision of the Convention. The Committee recalls that, in conformity with Standard A2.7, paragraph 3, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to indicate the measures taken or envisaged to give effect to Regulation 2.7, paragraph 3.

Regulation 3.2 and the Code. Food and catering. Provision of food free of charge. The Committee notes that section 437(1) of the CMM provides that ships flying the flag of each member State shall comply with the following minimum standards: (a) an adequate supply of food and drinking water, of nutritional value and of satisfactory 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; and (b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in satisfactorily hygienic conditions. The Committee observes, however, that this provision does not specify whether shipowners are required to provide food free of charge to seafarers on board, in conformity with the requirements of Regulation 3.2, paragraph 1 and Standard A3.2, paragraph 2(a). The Committee requests the Government to indicate how effect is given to this requirement of the Convention.

Regulation 4.5 and Code. Social security. The Committee notes that, at the time of ratification, and in conformity with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: old-age benefit, employment injury benefit, family benefit, invalidity benefit and survivors’ benefit. The Committee recalls that Standard A4.5, paragraph 3 provides that each Member shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. The Committee notes the lack of available information on the possible coverage by a social security scheme of seafarers ordinarily resident in the territory of Gabon, irrespective of their nationality or the flag of the ship on which they work. The Committee requests the Government to provide detailed explanations on all of the measures that give effect to Standard A4.5 and that guarantee seafarers ordinarily resident in Gabon the protection of the branches declared applicable.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that no information is available on the measures taken to give effect to these provisions of the Convention. The Committee requests the Government to provide information on all the regulations governing the inspection and certification of ships that fly the Gabonese flag, in conformity with Regulations 5.1.1, 5.1.3, 5.1.4 and 5.1.5, in order to ensure that the working and living conditions of the seafarers on ships that fly the flag of Gabon meet and continue to meet the Standards of the Convention.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that section 212 of the CMM refers to Resolution No. A739(18) of the IMO and to Regulation 5.1.2 of the MLC, 2006, governing recognized organizations. The Committee requests the Government to indicate whether it has decided to authorize recognized organizations to carry out inspections or to issue certificates, or both. If so, the Committee requests the Government to provide information concerning the legislative or other texts governing this authorization and the list of recognized organizations that it has authorized to act on its behalf, indicating the functions they are authorized to perform.

Regulation 5.1.3 and Standard A5.1.3. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the lack of information on the measures giving effect to these provisions of the Convention. The Committee therefore requests the Government to specify the provisions giving effect to Regulation 5.1.3 and Standard A5.1.3. The Committee requests the Government to provide a copy of the maritime labour certificate and the declaration of maritime labour compliance, Part I and one or more copies of the declaration of maritime labour compliance, Part II drawn up by a shipowner and certified by your country upon the inspection of one or more ships.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that Gabon adheres to the Memorandum of Understanding on Port State Control for the West and Central African Region (Abuja MoU). The statistical report of the Memorandum for 2019 states that two inspections were carried out by the maritime authorities of Gabon under this control mechanism. The Abuja MoU identifies the MLC, 2006, as one of the relevant instruments underpinning its Port State control mechanism. The Committee requests the Government to provide information on the number of complaints reported and resolved by the maritime authority (Regulation 5.2.2).

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation in the event of a ship being unduly detained. The Committee requests the Government to indicate the provisions or legal principles pursuant to which compensation shall be paid for any loss or damage suffered if a ship is unduly detained or delayed, in conformity with Standard A5.2.1, paragraph 8.

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

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep regret that the Government has failed to submit its first report on the application of the Convention for the fourth consecutive year. As the requested report has not been received, the Committee examined the application of the Convention on the basis of publicly available information.

Article I. General questions on application. Implementing measures. The Committee notes that the provisions of the Convention are mainly implemented through Regulation No. 08/12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) issuing the Community Merchant Shipping Code of 22 July 2012 (hereinafter, CCMM), which is directly applicable to Gabon and is one of the documents that must be carried on board ships flying the Gabonese flag and foreign ships operating in Gabonese territorial waters. The Committee also notes that section 1 of the Labour Code does not exclude seafarers from its scope of application. The Committee notes the lack of available information on the implementation of several provisions of the Convention. It recalls that, in conformity with Article I of the Convention, each Member which ratifies it undertakes to give complete effect to its provisions in order to secure the right of all seafarers to decent employment. The Committee therefore requests the Government to adopt without delay the necessary measures to implement the Convention, taking into account the matters raised in the request addressed directly to the Government. It further requests the Government to provide a copy of any legislative texts or other regulatory instruments once adopted, as well as full information on the implementation of the Convention, including updated statistics on the number of seafarers who are nationals or residents of Gabon or who work on ships that fly the Gabonese flag. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee deeply regrets to note that the Government has failed to submit its first report on the application of the Convention for the third consecutive year. The Committee draws the Government’s attention to the fact that if the requested report is not received on time (before 1 September 2020) for examination by the Committee at its next session, it will proceed to review the application of the Convention on the basis of publicly available information. The Committee emphasizes the particular importance of the first report, which provides the basis for the initial assessment of the implementation of the Convention both in law and in practice. The Committee is aware that, where no report has been sent for some time, it is likely that administrative or other problems are at the origin of the difficulties encountered by the Government in fulfilling its constitutional obligations. In such cases, it is important for governments to request technical assistance from the Office and for such assistance to be provided rapidly. The Committee requests the Government to adopt the necessary measures to implement the Convention without delay and to submit the requested first report for its examination at its next session. The Committee reminds the Government that it may avail itself of the technical assistance of the Office.

[The Government is asked to send a detailed report in 2020.]