Solicitud directa (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Marruecos (Ratificación : 2012)

General questions on application. Implementing measures. The Committee notes the first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). It notes that Morocco had previously ratified 11 maritime labour Conventions which have been denounced following the entry into force of the Convention. The Committee notes the Government’s statement that the ratification of the Convention gives its provisions the force of domestic law in accordance with the Constitution of Morocco of 1 July 2011, which gives international Conventions duly ratified by Morocco primacy over domestic law. The Committee, however, wishes to recall that member States are subject to the obligation to take measures to bring their national law and practice into conformity with the provisions of the international labour Conventions that they have ratified. The Committee draws the Government’s attention to the need to adopt the necessary measures in the near future to ensure the conformity of the national legislation with the Convention. Noting that, in previous reports, the Government indicated that a new Code of Maritime Commerce was under preparation, the Committee requests the Government to adopt the necessary laws and regulations implementing the requirements of the Convention, and to clarify the current situation with regard to the work of preparing the text and the envisaged date of adoption of the new Code of Maritime Commerce. In this respect, the Committee reminds the Government that, to this end, it may avail itself of the technical assistance of the Office. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

General questions. Article III. Fundamental rights and principles. The Committee notes that Morocco has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which is a fundamental Convention. The Committee notes in this respect that the Government has not provided information, in the context of the MLC, 2006, on the fundamental rights and principles set out in Article III of the MLC, 2006, concerning freedom of association and the effective recognition of the right to collective bargaining. The Committee therefore requests the Government to indicate how account is taken in the implementation of the Convention of freedom of association and the effective recognition of the right to collective bargaining.

Regulation 1.1 and the Code. Minimum age. While noting the Government’s statement that the requirements of Regulation 1.1 and Standard A1.1 are met in the case of Morocco, the Committee is not in a position to verify the accuracy of this statement in view of the inadequate references in the Government’s report to legislative or other provisions giving effect to these requirements, and it also notes some specific provisions with shortcomings for the implementation of the Convention.

For example, the Committee does not see any reference to the minimum age of 16 years in the measures giving effect to the Convention referred in the Government’s report (and which do not include the Memorandum of 5 August 2013 concerning minimum age, which is mentioned in the Declaration of Maritime Labour Compliance (DMLC), Part 1, the text of which has not been provided by the Government). It also notes that the Code of Maritime Commerce defines in section 166(2) the term “mousse” (ship’s boy) as being “any seafarer under the age of 16 years” and specifies in section 176quinquies that ship’s boys (or novice seafarers aged over 16 and under 18) shall form part of the crew of ships over 200 gross tonnage.

The Committee also notes that the provisions referred to by the Government do not contain any reference to the prohibition of night work by seafarers under 18 years of age, and do not contain any definition of the term “night”, in accordance with paragraph 2 of Standard A1.1 of the Convention, with the exception of section 176quinquies of the Code of Maritime Commerce, which prohibits ship’s boys from being required to perform nightshifts for a period of eight hours, between 8 p.m. and 4 a.m. In this respect, the Committee recalls a previous direct request relating to the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), in which, while noting that the provisions of the latter Convention had been consolidated in paragraphs 1 and 2 of Standard A1.1 requested the Government to take the necessary measures to bring national law and practice into conformity with the Convention and to provide more detailed explanations on the matter.

With regard to the prohibition of the employment of seafarers under the age of 18 where the work is likely to jeopardize their health or safety, the Committee notes that the Government has supplied a list of the types of work determined as being likely to jeopardize the health or safety of seafarers under the age of 18 years, without identifying them and providing the decisions issued on this matter, and without indicating whether the shipowners’ and seafarers’ organizations concerned were consulted when drawing up this list, in accordance with paragraph 4 of Standard A1.1. The Committee therefore requests the Government to provide information ensuring that the requirements of Regulation 1.1 and the Code are fully implemented in the law and practice of Morocco.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that, at least at present, there is no public or private recruitment service authorized to operate in the country. However, it notes that the Government had nevertheless provided information on this subject in its successive reports on the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), according to which the Ministry of Employment has set up a system for the authorization of recruitment agencies and has drawn up rules and procedures. The Committee also notes the Government’s indication under Part IV of the report form that there are around 1,251 seafarers working on ships flying the Moroccan flag and resident on its territory or with Moroccan nationality. The Committee therefore requests the Government, on the one hand, to indicate how seafarers resident in Morocco are generally recruited for ships flying the Moroccan flag and for ships flying the flags of other countries and, on the other, to provide information on the legislation applicable for the establishment and operation of public and private recruitment services in Morocco.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes the Government’s indication that the minimum notice period to be given by seafarers and shipowners for the early termination of a seafarer’s employment agreement is six months for the master and chief engineer, three months for other officers and eight days for seafarers, which is in conformity with the minimum notice period of seven days set out in paragraph 5 of Standard A2.1 of the Convention. In light of paragraph 6 of Standard A2.1, the Committee requests the Government to indicate the circumstances in which a seafarer is authorized to terminate the employment agreement, without penalty, on shorter notice or without notice for compassionate or other urgent reasons.

The Committee also notes that the copy of the DMLC, Part II, provided by the Government indicates that seafarers’ employment agreements shall be in conformity with the requirements of the Convention. The copy provided by the Government also indicates that seafarers shall receive a copy of their agreement before embarkation and shall be given an opportunity to examine and seek advice on the agreement before signing. However, the Committee notes that sections 167 and 170 of the Code of Maritime Commerce do not provide guarantees of the opportunity for seafarers to seek advice before signing their employment agreement, as required by paragraph 1(b) of Standard A2.1. The Committee also notes that these provisions do not explicitly provide that it shall be ensured that clear information as to the conditions of employment of seafarers, including the ship’s master, can be easily obtained, in accordance with paragraph 1(d) of Standard A2.1. In this regard, the Committee notes that the seafarers’ employment agreements provided as examples by the Government are sometimes worded in general terms, for example establishing the right to a wage “in accordance with the collective agreement in force”. The Committee therefore requests the Government to indicate how the national legislation has been brought into conformity with the aforesaid provisions of paragraph 1(b) and (d) of Standard A2.1.

Finally, the Committee notes that the DMCL, Part I, provided by the Government, indicates that in the absence of a seafarers’ employment agreement, the payslip, seafarer’s book, certificate of embarkation and the clauses of the applicable collective agreements respecting wages, overtime hours and paid leave shall be considered as being substantially equivalent to such an agreement. However, the Committee notes that this reference does not identify the substantially equivalent provision adopted in accordance with paragraph 3 of Article VI of the Convention. The Committee also emphasizes that it is not sufficient for there to exist a series of documents replacing the seafarers’ employment agreement by virtue of substantial equivalence, but that this series of documents should also be in conformity with the requirements of the Convention governing such agreements: it should in particular include all the indications listed in paragraph 4 of Standard A2.1, and in particular be freely accepted (paragraph 2 of Regulation 2.1) and, accordingly, signed by the seafarer (paragraph 1(a) of Standard A2.1). The Committee draws the Government’s attention to the fact that, without having recourse to substantial equivalence, the agreement envisaged by the Convention, could be drawn up in a few lines referring to the relevant clauses of the applicable collective agreements and providing the other information required by Standard A2.1 (and possibly referring to appendices, such as the seafarers’ book) and shall be signed by the seafarer and the shipowner or a representative of the shipowner. In view of the flexibility of this Standard, the Committee considers that the Government cannot claim that it is not in a position to give effect to the rights and principles of Part A of the Code relating to Regulation 2.1 and that accordingly recourse to substantially equivalent provisions in accordance with paragraph 3 of Article VI of the Convention is not permitted. Consequently, if the reference in the DMLC is based on a provision of a law, regulation or another measure adopted under the terms of paragraph 3 of Article VI of the Convention, the Committee requests the Government to provide a copy of the relevant legislation or other provisions referred to, and to provide justification for having recourse to substantial equivalence taking into account, in particular, the Committee’s general observation concerning the concept of substantial equivalence.

Regulation 2.2 and the Code. Wages. The Committee notes that the DMLC, Part II, provided by the Government in annex provides that shipowners shall ensure that seafarers have the possibility to transmit all or part of their earnings to their families or dependants or legal beneficiaries, in accordance with paragraph 3 of Standard A2.2. However, the Committee notes that the Government has not provided details of the measures taken by shipowners to give effect to this requirement of the Convention. The Committee requests the Government to indicate the manner in which effect is given in practice to this requirement under paragraph 4 Standard A2.2.

The Committee also recalls that, under the terms of paragraph 5 of Standard A2.2, any charge for the service under paragraphs 3 and 4 of this Standard shall be reasonable in amount, and the rate of currency exchange, unless otherwise provided, shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer. The Committee notes that the DMLC, Part II, supplied by the Government provides that no charges shall be deducted for the service of remittance. The Committee however notes that the DMLC, Part II, does not specify the rate of currency exchange applicable to this service, as required by the Convention. The Committee requests the Government to provide additional information on the rate of currency change applicable to the remittance service, and particularly on the manner in which it is ensured that the latter is not unfavourable to the seafarer.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that Morocco does not appear to have fixed a maximum number of hours of work or a minimum number of hours of rest, as required under Regulation 2.3. Indeed, the Committee notes that the DMLC, Part II, provided by the Government specifies that national requirements are based on a minimum number of hours of rest, although the collective agreement for commercial seafarers provides in clause 21 for a calculation based on a maximum number of hours of daily rest. The Committee requests the Government to provide additional information on this point and to indicate clearly the method of calculation on which the national requirements giving effect to Regulation 2.3 are based.

The Committee further notes that the Government has not provided information on the implementation of paragraph 4 of Standard A2.3, and that nothing in the national provisions takes into account the danger posed by the fatigue of seafarers. The Committee therefore requests the Government to indicate how effect is given to this provision of the Convention.

The Committee notes that the Government has not provided any detailed information on the measures adopted 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 consecutive periods of rest shall not exceed 14 hours. Recalling that these requirements are set out in paragraph 6 of Standard A2.3, the Committee requests the Government to provide information on the measures adopted for their implementation.

The Committee notes that the Government has not specified the requirements relating to minimizing the disturbance caused by the various types of drills, in accordance with paragraph 7 of Standard A2.3. The Committee requests the Government to provide adequate information on the effect given to this requirement of the Convention.

The Committee notes that section 5 of the Vizierial Order of 21 January 1953 provides that “at sea and in accordance with the needs of the service of which the master shall be sole judge, all members of the crew shall carry out the work they are ordered to do, regardless of its duration”. Section 26 of the Order also provides that exceptions regarding hours of actual work may be allowed without limit of time, irrespective of the categories of staff and on board all vessels: (i) where a sick or injured crew member has been disembarked in the course of the voyage and cannot be replaced immediately; and (ii) in the event of illness or exemption from service, or in any other instance causing a shortage of personnel at sea. In line with its previous comments on the application of the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), the Committee recalls that exceptions to the limits on hours of work and hours of rest, other than those necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea, may only be adopted by collective agreement in the context of paragraph 13 of Standard A2.3. It notes, from the information provided in the report, that collective agreements allowing exceptions have not yet been adopted. The Committee therefore requests the Government to take the necessary measures to ensure the conformity of any exceptions that are permitted.

The Committee also notes that, in accordance with section 27 of the Vizierial Order of 21 January 1953, any hours of work which may be required in excess of eight hours a day shall be compensated, for all members of the crew, by equivalent actual rest calculated on the basis of 24 hours of rest for eight hours of additional work. The compensation will be granted either at the home port or at the vessel’s port of return or, by mutual agreement, at ports of call. Section 31 of the Order further provides that no compensation shall be granted for work necessitated by circumstances of force majeure or where the safety of the ship, the persons on board or the cargo is at stake. The Committee however notes from its previous comments on the application of Convention No. 180 the Government’s indications that in practice an adequate period of rest is granted to compensate work required in cases of force majeure. The Committee requests the Government to take the necessary measures to bring its legislation into line with established practice.

Finally, the Committee recalls that, under the terms of paragraph 12 of Standard A2.3, each seafarer shall receive a copy of the records pertaining to him or her, which shall be endorsed by the master, or a person authorized by the master, and by the seafarer. However, the national legislation does not contain any provision on the signing and provision of a copy of these documents to the seafarer. The Committee therefore requests the Government to indicate whether, in accordance with the requirements of the Convention, seafarers sign the records relating to them and whether they receive a copy.

Regulation 2.5 and the Code. Repatriation. The Committee notes that section 192bis of the Code of Maritime Commerce provides that the right to repatriation cannot be claimed “if the illness or injury has been caused by a wilful act or an inexcusable fault of the seafarer, or if it occurred under the influence of drunkenness or was the result of an act of indiscipline by the seafarer”. The Committee also notes that, under the terms of section 194 of the Code of Maritime Commerce, the shipowner is not required to cover the cost of repatriation of seafarers disembarked as a result of sickness or injury where the shipowner is not responsible for the provision of medical care. The Committee requests the Government to indicate the circumstances under which the seafarer may accordingly be dispensed with the payment of the cost of repatriation and, in particular, to indicate whether such exemption is limited to the cases covered by section 192bis of the Code of Maritime Commerce.

Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. The Committee notes that the compensation that has to be paid by the shipowner to seafarers in the case of injury, loss or unemployment resulting from the ship’s loss or foundering is taken into account by clause 35 of the collective agreement for officers of the merchant navy and clause 14 of the collective agreement for commercial seafarers. However, it notes that nothing in these provisions, nor in the national legislation, sets out either the method of calculation of the compensation, or the restrictions which may be applicable. Recalling that the payment by the shipowner of an indemnity against unemployment resulting from the loss or foundering of the ship is a requirement under paragraph 1 of Standard A2.6 of the Convention, the Committee requests the Government to provide detailed information on the method of calculation of the indemnity and any restrictions which may apply to it.

Regulation 2.7 and the Code. Manning levels. The Committee notes that nothing in the national legislation or the information supplied by the Government provides that the competent authority shall take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue by seafarers when determining the manning levels of ships, in accordance with Regulation 2.7 and paragraphs 1 and 2 of Standard A2.7. The Committee requests the Government to indicate how effect is given to this requirement of the Convention.

Furthermore, while noting that the documentation provided by the Government indicates that the presence of a cook is required, the Committee considers that the Government has not provided sufficient information concerning the manner in which the requirements of Regulation 3.2 and Standard A3.2 are taken into account when determining manning levels so as to ensure the safe operation of the ship and compliance with the requirements of the Convention. Recalling that this requirement is set out in paragraph 3 of Standard A2.7, the Committee requests the Government to provide sufficient information concerning the effect given to the said Standard. The Committee also requests the Government to provide additional information on the content of the training provided to ships’ cooks.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that the Government has not provided sufficient information on the measures taken to give effect to the requirements of the Convention relating to accommodation and recreational facilities for seafarers, and particularly the basic requirement set out in paragraph 1(a) of Standard A3.1. The Committee notes the Government’s indication that no laws or regulations have been adopted on this subject. It indicates solely that the requirements of Conventions respecting the construction of ships, and particularly those of the International Convention for the Safety of Life at Sea, 1974 (SOLAS), are applied. The Committee notes that the DMLC, Part I, refers to the Code of Maritime Commerce and the applicable collective agreements. However, the Committee has not found any provision in the Code of Maritime Commerce governing accommodation and only a few clauses in this field in the collective agreements provided by the Government. Nevertheless, the Committee notes that the copy of Part II of the DMLC provided by the Government indicates that the shipowner shall ensure that accommodation and criteria relating to recreation on board are in conformity with the requirements set out in Standard A3.1. As the legislation required by Standard A3.1 has not been adopted, the Committee is not in a position to ascertain this claim. The Committee emphasizes the need to adopt the necessary provisions to give effect to the requirements of Regulation 3.1 and the Code with regard to accommodation and recreational facilities on board.

Regulation 3.2 and the Code. Food and catering. The Committee notes that section 188bis of the Code of Maritime Commerce, and clause 32 of the collective agreement for commercial seafarers and clause 26 of the collective agreement for officers of the merchant navy, provide that shipowners shall be required to provide free of charge to seafarers, until the completion of their period of engagement on board, food and drinking water of appropriate quality, nutritional value and quantity. However, the Committee notes that these provisions do not specify that the religious and cultural backgrounds of the seafarers on board shall be taken into account, in accordance with the requirements of paragraph 1 of Regulation 3.2 and paragraph 2(a) of Standard A3.2. The Committee requests the Government to indicate how effect is given to this requirement of the Convention.

Regulation 4.1 and the Code. Medical care on board ship and ashore. The Committee notes that none of the documents requested in the report form concerning the implementation of Regulation 4.1 and the Code have been provided. It adds that the medical certificate referred to in this respect by the Government does not correspond to the standard medical report form for seafarers referred to in paragraph 2 of Standard A4.1 and paragraph 1 of Guideline B4.1.2.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that sections 189 et seq. of the Code of Maritime Commerce contain provisions which are not in conformity with Standard A4.2 of the Convention. The Committee notes that the abovementioned section 189 limits the protection (in relation to costs incurred after seafarers have disembarked) to sickness contracted in the service of the ship after the seafarer has left the ship and before any other engagement. The Committee emphasizes that Standard A4.2, in this latter situation, on the one hand, does not provide for any cessation of protection in the event of a further period of service and, on the other, does not allow the exclusion of sickness where it has not been contracted in the service of the ship. Furthermore, the Committee notes that section 190 of the Code of Maritime Commerce determines the rules applicable to the payment of wages to seafarers in the event of sickness, but does not clearly provide that these rules also apply in the event of accident or injury. The Committee also notes that section 192bis of the Code of Maritime Commerce excludes the liability of the shipowner if the sickness or injury has been caused by a wilful act or “inexcusable misconduct” of the seafarer, while paragraph 5 of Standard A4.2 only authorizes such exclusion if the injury or sickness is due to the “wilful misconduct” of the seafarer. The Committee therefore requests the Government to ensure that the provisions of Standard A4.2, are given full effect. It also requests the Government to provide information on the measures adopted in order to bring to the knowledge of shipowners of ships flying the Moroccan flag (and the insurers of such ships) that the liability of shipowners includes not only that set out in the relevant provisions of the current Code of Maritime Commerce, but also that of Standard A4.2, the provisions of which (according to the statement by the Government referred to above) prevail over the Code of Maritime Commerce.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the reference by the Government in the DMLC, Part II, provided in the annex, to the implementation of section 3 of the International Safety Management (ISM) Code. While appreciating the value of these provisions, the Committee notes that they do not give full effect to the requirements of the Convention. The Committee would therefore be grateful to receive fuller information, particularly concerning the regular review of laws and regulations, in consultation with the organizations of shipowners and seafarers, as required by paragraph 3 of Standard A4.3. The Committee also notes the Government’s indications that ships with five or more seafarers on board are not required to establish a ship’s safety committee, contrary to the requirements of paragraph 2(d) of Standard A4.3. The Committee therefore requests the Government to provide further information on the measures taken to give effect to the requirements of the Convention in relation to health and safety protection and accident prevention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes that a welfare facility has been established on shore in Morocco and that all seafarers have access to it without restriction, in accordance with the Convention, but that no welfare board has been established for regularly reviewing welfare facilities as indicated by paragraph 3 of Standard A4.4. The Committee therefore requests the Government to take these requirements into account in its next report.

Regulation 4.5 and the Code. Social security. The Committee notes the Government’s indications that measures have been taken to ensure the protection of seafarers habitually resident in Morocco under eight of the nine branches of social security: medical care, sickness benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors’ benefit. The Committee also notes that a project is under examination with regard to unemployment benefit and that the benefits available are not less favourable than those enjoyed by Moroccan residents working on shore. The Committee invites the Government to provide a detailed list of the relevant bilateral agreements to which Morocco is a party and which relate to social security protection.

Regulation 5.1.1. Flag Sate responsibilities. General principles. The Committee notes that the Government has provided in annex information on the structure and objectives of the system for the inspection and certification of maritime labour conditions, and particularly the activities carried out by these services, as well as the duties and powers of inspectors. The Committee would also be interested in receiving, as envisaged in paragraph 5 of Regulation 5.1.1 and paragraph 1 of Standard A5.1.1 information on the method used for assessing the effectiveness of the inspection and certification system. The Committee therefore requests the Government to provide information in its next report on the method for assessing the inspection and certification system.

Regulation 5.1.2 and the Code. Authorization of recognized organizations. The Committee notes the Government’s indication that the organizations recognized for the purposes of carrying out inspection and certification functions follow the guidelines established by the International Maritime Organization in its Resolution No. A.739(18). The Committee emphasizes the need to take into account specific standards in this field, including Standard A5.1.2 and Guideline B5.1.2 of the Convention. The Committee also notes that the Government has not provided information concerning the relevant legislation or other measures governing the authorization of such recognized organizations. Finally, while noting in the Government’s report the names of the five recognized organizations in question, the Committee observes that the Government has not provided the Office with the list of recognized organizations and the other information required by paragraph 4 of Standard A5.1.2. The Committee therefore requests the Government, on the one hand, to provide information on the laws and regulations or other measures governing the authorization of recognized organizations and, on the other, to provide the Office forthwith with the list of recognized organizations authorized to act on its behalf, with an indication of the functions that they are authorized to carry out.

Regulation 5.1.3 and the Code. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes that the Government refers to the supremacy of the relevant provisions of the MLC, 2006, in relation to national law, under the terms of the Constitution of the Kingdom of Morocco. The Committee however considers that the implementation of these provisions needs to be improved in relation to the DMLC, in accordance with paragraph 10(a) of Standard A5.1.3 and paragraph 1 of Guideline B5.1.3. The Committee notes in particular that Part I of the national DMLC only contains references to the relevant laws and regulations and other measures, without other indications of the content of these texts. The Committee also notes that the example provided by the Government of an approved Part II of the DMLC (a document which is intended to identify the measures taken by shipowners to give effect to national requirements) essentially only contains references to other documents (with the exception of the section on health and safety and accident prevention). Unless all the documents referred to are available on board ships and all the persons concerned can consult them easily, it will be difficult for port State inspectors and seafarers to understand the national requirements on these matters. The Committee notes that the documents it examined (DMLC, Parts I and II) do not appear to achieve the objective which is set under the Convention, namely to help all persons concerned, such as port State inspectors, authorized port State officials and seafarers, to ensure that the national requirements in the 14 areas set out in the list are duly implemented on board the ship (see paragraph 10 of Standard A5.1.3 and paragraphs 4 and 5 of Guideline B5.1.3). The Committee therefore requests the Government to amend its DMLC, Part I, and to provide instructions to this effect to shipowners as regards Part II, so as to fully implement the requirements of the Convention as noted above.

Regulation 5.1.4 and the Code. Inspection and enforcement. The Committee notes that, while laws and regulations and other provisions indicate that ships covered by the Convention are subject to inspections within the time limits required by the Convention, the Government has not provided any documentary evidence indicating that the inspections are intended to verify compliance with the requirements of the Convention. In this regard, the Committee emphasizes in particular that, in accordance with paragraph 7(c) of Standard A5.1.4, inspectors shall be empowered, “where they have grounds to believe that deficiencies constitute a serious breach of the requirements of this Convention (including seafarers’ rights), or represent a significant danger to seafarers’ safety, health or security, to prohibit a ship from leaving port …”, whereas the Code of Maritime Commerce only establishes such a prohibition on leaving port (section 36ter) in the event of “danger for the crew or the persons on board”. Furthermore, the sample copy, provided by the Government, of the form used by inspectors to establish the report by the Government appears to cover essentially verification of requirements relating to the safety of ships and their crew, rather than the requirements of the Convention. The Government indicated that no guidelines for inspections under the Convention have been provided to inspectors, as requested by paragraph 7 of Standard A5.1.4, because inspections of ships under the Convention are delegated to recognized organizations. However, the Committee recalls the obligation of each Member, under the terms of paragraph 3 of Standard A5.1.2, to ensure the adequacy of work performed by recognized organizations and to establish procedures for communication with and oversight of such organizations. The Committee requests the Government to provide information on measures taken to ensure the adequacy of work performed by recognized organizations, and also to provide documentation, such as copies of some of the inspection reports prepared by such organizations and submitted to the competent authority in accordance with paragraph 12 of Standard A5.1.4.

The Committee also notes that the Government has not provided, in accordance with the requirements set out in the report form in this regard, a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint, as the document submitted by the Government relates more to the on-board complaint procedures covered by Regulation 5.1.5 of the Convention. The Committee therefore requests the Government to indicate the measures which have or will be taken to investigate the matter covered by a complaint concerning a ship flying the flag of Morocco, in accordance with paragraph 5 of Standard A5.1.4, and to ensure that inspectors treat as confidential the source of any complaint, in accordance with paragraph 10 of Standard A5.1.4.

Regulation 5.1.5 and the Code. On-board complaint procedures. The Committee notes the Government’s indication that the provisions of the Labour Code and of common law are applicable with regard to the prohibition of the victimization of seafarers for filing a complaint. However, it notes that nothing in the national legislation, nor in Note No. 217/3/DMM/DGMF provided in the annex, nor in the DMLC, gives effect to this requirement of the Convention. The Committee recalls in this respect that, under the terms of paragraph 2 of Regulation 5.1.5, each Member shall prohibit and penalize any kind of victimization of a seafarer for filing a complaint. The Committee therefore requests the Government to indicate precisely how effect is given to this requirement of the Convention. The Committee also notes that Service Note No. 217/3/DMM/DGMF referred to above does not appear to recognize the right of seafarers to complain directly to the master, as envisaged in paragraph 2 of Standard A5.1.5. The Committee requests the Government to provide explanations on this matter.

Regulation 5.1.6 and the Code. Marine casualties. The Committee notes the Government’s indication that the provisions of section 36bis of Code of Maritime Commerce and Decree No. 2-63-397 of 25 October 1963 determining the composition and functions of nautical safety and investigation committees are the applicable provisions giving effect to this Regulation. However, it notes that these provisions do not explicitly relate to inquiries carried out into marine casualties, but to the composition and functions of ship’s safety committees concerning the inspections to be carried out. Recalling that, under the terms of paragraph 1 of Regulation 5.1.6, each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag, and that the final report of such an inquiry shall normally be made public, the Committee requests the Government to indicate the national provisions or any other measures implementing the requirements set out in this Regulation.

Regulation 5.2.2 and the Code. Onshore seafarer complaint-handling procedures. The Committee notes that the information provided by the Government is insufficient concerning the procedures that enable seafarers on ships calling at Moroccan ports to report a complaint of a breach of the requirements of the Convention. It requests the Government to provide more detailed information on the mechanism established to receive and deal with complaints in Moroccan ports, and particularly the steps taken to safeguard the confidentiality of complaints made by seafarers. The Committee also wishes to remind the Government that paragraph 6 of Standard A5.2.2 provides that statistics and information regarding complaints that have been resolved shall be regularly submitted by the port State to the Director-General of the International Labour Office. It therefore requests the Government to provide specific information on the complaints resolved during the period covered by the present report.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee would be grateful if the Government would provide the following documents and information: a copy in English of the approved standardized table for shipboard working arrangements (paragraphs 10 and 11 of Standard A2.3); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (paragraph 1 of Standard A2.7), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; a copy of the requirements for the medicine chest and medical equipment and for the medical guide (paragraph 4(a) of Standard A4.1); an example of the standard medical report form for seafarers (paragraph 2 of Standard A4.1; see also the guidance in paragraph 1 of Guideline B4.1.2), referred to above in relation to Regulation 4.1; a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (paragraph 1(d) of Standard A4.3); a report or other document containing information on the objectives and standards established for the inspection and certification system, including the procedures for its assessment (paragraph 5 of Regulation 5.1.1); an example or examples of authorizations given to recognized organizations (paragraph 2 of Regulation 5.1.2); a copy in English of the national interim maritime labour certificate (Regulation 5.1.3); a standard document issued to or signed by inspectors setting out their functions and powers (paragraph 7 of Standard A5.1.4; paragraphs 7 and 8 of Guideline B5.1.4); a copy of any national guidelines issued to inspectors in implementation of paragraph 7 of Standard A5.1.4; the following statistical information for the period covered by the present report: number of more detailed inspections carried out according to paragraph 1 of Standard A5.2.1, number of cases where significant deficiencies were detected, number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or that constitute a serious or repeated breach of the requirements of the Convention (including seafarers’ rights).

[The Government is asked to reply in detail to the present comments in 2017.]