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

Guinea

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133) (Ratification: 1977)
Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Ratification: 1977)

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

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

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