Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre el trabajo en la pesca, 2007 (núm. 188) - Marruecos (Ratificación : 2013)

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The Committee notes the Government’s second report on the application of the Convention.

General issues. Implementation measures. In reply to its previous comment, the Committee notes the Government’s indication that Morocco is planning to revise the Code of Maritime Commerce with a view to giving full effect to the requirements of the Convention. For this purpose, the Committee notes the Government’s request for ILO technical assistance “to support this technical work”. Noting this information, the Committee hopes that the revision of the Code of Maritime Commerce will be carried out rapidly with a view to giving full effect to the provisions of the Convention and requests the Government to provide a copy of the text with its next report.

Article 5 of the Convention. Basis for measurement. In reply to its previous comment, the Committee notes the Government’s indication that, following the ratification by Morocco of the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW–F), the Department of Maritime Fishing has decided to include the reference length for the determination of the characteristics of fishing vessels, and that this is currently being implemented. The Committee requests the Government to provide information on any developments in this regard.

Article 8(1)–(3). Responsibilities of fishing vessel owners, skippers and fishers. In reply to its previous comment, the Committee notes the Government’s indication that a legislative amendment is required, particularly to sections 124 et seq. of the Code of Maritime Commerce, to achieve conformity with the requirements of the Convention. The Committee requests the Government to proceed without further delay to amend the Code of Maritime Commerce with a view to giving effect to the requirements of the Convention.

Article 9(1) and (2). Minimum age. In reply to its previous comment, the Committee notes the Government’s indication that only seafarers who are 18 years of age and over may be engaged on board fishing vessels, as work on fishing vessels is considered to be high risk work. Nevertheless, the Committee notes that section 166 of the Code of Maritime Commerce permits the presence of mousses (“ship’s boys”) on board vessels, that is, seafarers under 16 years of age, without however prescribing a minimum age. The Committee therefore once again requests the Government to indicate the measures adopted to achieve full conformity with Article 9(1) and (2) of the Convention and to provide a copy of any relevant legislative text that is adopted.

Article 9(3)–(5). Minimum age. Hazardous work. In reply to its previous comment, the Committee notes the Government’s indication that section 2 of Decree No. 2-10-183 of 16 November 2010 determining the list of types of work in which it is prohibited to employ certain categories of persons draws up a list of 33 categories of hazardous types of work in which it is prohibited to employ children under the age of 18 years. However, the Committee observes that this list does not include activities related to the fishing sector. The Committee requests the Government to clarify the hazardous types of work that are prohibited for fishers under 18 years of age, in addition to work in stokeholds or tanks, with a reference to the applicable legislation, and to indicate whether their determination was the subject of consultations.

Article 9(6). Minimum age. Night work. In reply to its previous comment, the Committee notes the Government’s indication that, under the terms of section 176(2) quinquies of the Code of Maritime Commerce, it is prohibited, on commercial vessels of over 200 gross tonnes, to have ship’s boys perform work during the night shift between 8 p.m. and 4 a.m. The Committee observes that this prohibition appears to cover commercial vessels and not fishing vessels. The Committee requests the Government to adopt the necessary measures to give full effect to Article 9(6) of the Convention.

Articles 11 and 12. Medical examination. In reply to its previous comment, the Committee notes the Government’s indication that Decree No. 2-17-788 of 22 October 2018 on the delivery of competency certificates and the conditions required for the exercise of the occupation of seafarer on board commercial ships was adopted to regulate the provisions of section 167 bis of the Code of Maritime Commerce. However, the Committee notes that the conditions and procedures for the implementation of this recognition of aptitude are still to be specified through supplementary regulations. The Government indicates that a Decree on physical aptitude for maritime fishers is currently in the process of being adopted. The Committee requests the Government to adopt this Decree rapidly to give full effect to the provisions of Articles 11 and 12 of the Convention. It also requests the Government to provide a copy of the legislative text once it has been adopted.

Articles 13 and 14. Manning and hours of rest. In reply to its previous comment, the Committee notes the Government’s indication that the Department of Maritime Fishing is examining the possibility of drawing up draft regulations, or seafarers’ employment agreements, or collective agreements, which could respond to the requirements of Articles 13(b) and 14(1)(b) of the Convention. The Government adds that it will provide the text once it has been adopted. The Committee hopes that the necessary measures will be taken rapidly to give effect to Articles 13(b) and 14(1)(b) of the Convention. With regard to the suspension of hours of rest with a view to ensuring the immediate safety of the vessel, the persons on board or the catch, or for the purpose of giving assistance to other boats or ships or persons in distress at sea, the Government indicates that it is in the process of bringing the national legislation into conformity with the provisions of the Convention. The Committee hopes that the necessary measures will be taken to give effect to Article 14(4) of the Convention.

Articles 16, 19 and 20, and Annex II. Fisher’s work agreement. Conclusion and minimum particulars to be included. In reply to its previous comment, the Committee notes that the Government refers once again to the provisions of the Code of Maritime Commerce. The Committee observes that the sections to which the Government refers do not specify the particulars set out in (d), (e), (h), (i), (m) and (n) of Annex II of the Convention. The Committee therefore requests the Government to indicate the measures adopted to give effect to these provisions of the Convention.

Article 17. Fisher’s work agreement. Examination of the terms, records of service and settlement of disputes. In reply to its previous comment, the Committee notes the reference by the Government to section 170 of the Code of Maritime Commerce which provides that the authority responsible for the maritime police shall ensure, by convening the parties and, where necessary, reading out loud the clauses and terms of the agreement, that they are known and understood by the parties. The Committee notes this information. With regard to the procedures for the settlement of disputes relating to the work agreement, the Government indicates that, for the settlement of disputes relating to the work agreement, disputes that arise in relation to work agreements governed by the Code of Maritime Commerce between shipowners and their representatives and seafarers, with the exception of masters, shall be brought before the competent maritime authority for the purpose of conciliation (section 205 bis of the Code of Maritime Commerce). In the event of the failure of conciliation, the matter is referred to the competent court (section 205 quater of the Code). Noting that masters are excluded from the application of section 205 bis of the Code of Maritime Commerce, the Committee requests the Government to indicate the measures that give full effect to Article 17 of the Convention. The Committee also observes that the Government has not provided information concerning the maintenance of records of service of fishers. The Committee therefore requests the Government to indicate the measures adopted to give effect to this requirement of the Convention.

Article 21(1) and (3). Repatriation. Circumstances. In reply to its previous comment, the Committee notes the Government’s indication that it is making immediate efforts to draw up regulations to give full effect to Article 21 of the Convention. The Committee requests the Government to adopt measures rapidly to give effect to Article 21(1) and (3) and to provide a copy with its next report.

Article 21(2) and (4). Repatriation. Payment of costs. In reply to its previous comment, the Committee notes the Government’s indication that the Merchant Navy Disciplinary and Penal Code sets out in sections 193 and 194 disciplinary faults, offences and crimes and their respective sanctions. The Committee observes that these provisions are not pertinent in this context. The Committee once again requests the Government to amend the Code of Maritime Commerce in order to ensure that only fishers in serious default of their work agreement shall bear the cost of their repatriation. The Committee also requests the Government to provide information on the provisions of national laws, regulations or other applicable measures that specify the procedure to be followed and the applicable standard of proof for a seafarer to be “found in serious default of his or her employment obligations”.

Article 22. Recruitment and placement. In reply to its previous comment, the Committee notes the Government’s indication that there is no service in Morocco for the recruitment and placement of fishers on board Moroccan fishing vessels. The Committee recalls that the requirement set out in Article 22 of the Convention also covers services which operate in Morocco for the recruitment and placement of fishers for work on board ships flying foreign flags. The Committee requests the Government to report any developments in this regard and to specify whether there exist in Morocco services engaged in the recruitment and placement of Moroccan fishers on board foreign fishing vessels.

Article 23. Payment of fishers. Monthly payment or other regular payment. In reply to its previous comment, the Committee notes the Government’s indication that fishers engaged on board fishing vessels of a length of 24 metres or over shall receive their wages on a monthly basis (Fishers’ work agreement – Industrial fishing), while fishers engaged on board fishing vessels of a length of 24 metres or less shall be paid on the basis of a share of the catch, in accordance with sections 169, 177, 178 and 179 of the Code of Maritime Commerce. The Committee recalls that under the terms of the Convention fishers who are paid a wage shall be ensured a monthly or other regular payment, irrespective of the length of the vessel. Noting that the Government has not availed itself of the optional clause for the exclusion of certain categories of vessels (for example, those under 24 metres in length) under Article 3 of the Convention, the Committee requests it to indicate the manner in which effect is given to Article 23 in relation to vessels under 24 metres in length.

Article 24. Payment of fishers. Right to transfer payments to families. In reply to its previous comment, the Committee notes the Government’s indication that section 184 quater of the Code of Maritime Commerce provides that the shipowner shall be required “at the intervals specified to pay the remissions indicated and make the provisional payments requested by the seafarer”. The Committee observes that the provisions of the Code do not specify whether the transmission of all or part of wages of seafarers to their families is at no cost. The Committee requests the Government to adopt the necessary measures to give effect to Article 24 of the Convention

Articles 25–28; Annex III. Accommodation and food. In reply to its previous comment, the Committee notes the Government’s indication that the safety committees envisaged in the Code of Maritime Commerce (sections 36 et seq.) inspect the conditions of accommodation and food on vessels before their navigation permit is issued. Implementing regulations are envisaged in this regard. The Committee requests the Government to proceed rapidly with the adoption of these implementing regulations with a view to guaranteeing fishers conditions of accommodation and food that are in conformity with those set out in the Convention, drawing a distinction, in respect of accommodation, between the measures applicable to existing fishing vessels and to new fishing vessels within the meaning of paragraph 1 of Annex III to the Convention.

Articles 29 and 30. Medical care. In reply to its previous comment, the Committee notes the Government’s indication that there are 22 health units in operation at the national level to undertake medical consultations and examinations of physical aptitude for seafarers. The Government specifies that the medical doctors in those units may make use of the satellite communications, including VHF radio, with which Maritime Fishing Departments are equipped to communicate with ships crews, without however referring to any legislative texts. In the absence of specific information, the Committee requests the Government to indicate the laws, regulations or other measures that have been adopted or are envisaged to give effect to Article 29 of the Convention. With reference to Article 30, the Committee observes that the Government has not provided information on this subject. The Committee requests the Government to provide information on national laws and other regulations and other measures adopted to give effect to the additional requirements relating to medical care established by Article 30 in relation to fishing vessels of 24 metres in length and over.

Articles 31–33. Occupational safety and health and accident prevention. In reply to its previous comment, the Committee notes the Government’s reference to Decree No. 2-18-103 of 25 February 2019 determining the general rules to be complied with by fishing vessels in relation to rescue and Order No. 3287-20 of 31 December 2020 setting minimum standards of general education and vocational training required for inclusion as seafarers on the crew registers of maritime fishing vessels. The Government adds that annual awareness-raising and dissemination campaigns are organized at the national level on occupational safety and health conditions. The Committee observes that the provisions of the Decree referred to above do not appear to give effect to the requirements set out Articles 31–33 of the Convention. The Committee once again requests the Government to indicate the measures adopted to give effect to the occupational safety and health and accident prevention requirements set out in Articles 31 and 32, with an indication of the measures that are specifically applicable to fishing vessels of 24 metres in length and over normally remaining at sea for more than three days and, after consultation, to other vessels, taking into account the number of fishers on board, the area of operation and the duration of the voyage. The Committee requests the Government to indicate the measures that give effect to Article 33 concerning risk evaluation on board fishing vessels and to explain the manner in which fishers or their representatives participate in this preventive action.

Articles 34–37. Social security. The Committee notes the Government’s indication, in reply to its previous comment, that the general social security scheme governed by the Dahir issuing Act No. 1-72-184 of 27 July 1972 on the social security scheme, as amended and supplemented, is applicable to maritime fishers (section 2) and guarantees to employees family allowances, short-term benefits including daily sickness and maternity benefits, and the grant on death, as well as long-term benefits including invalidity, old-age and survivors’ benefits. It also notes the Government’s indication that social security is provided to all maritime fishers engaged in deep-sea fishing, coastal fishing and small-scale fishing. The Government also specifies that foreign seafarers who are ordinarily resident in Moroccan territory and work on vessels flying the Moroccan flag are affiliated to the National Social Security Fund. The Committee also notes that the compulsory health insurance scheme (AMO), governed by Act No. 65 issuing the basic medical coverage code, covers employees and workers and guarantees them basic medical coverage. Workers who are not employees benefit not only from the AMO scheme, but also from a pension scheme. The Government specifies that, in comparison with workers in other sectors, fishers enjoy equality of treatment in terms of the social benefits they receive, irrespective of their nationality. The Committee observes that the Government does not specify whether foreign fishers who are ordinarily resident in Moroccan territory but work on foreign fishing vessels benefit from equality of treatment with Moroccan fishers who are resident in Morocco and work on foreign fishing vessels. The Committee requests the Government to indicate the legislative and regulatory measures that give full effect to Article 34 of the Convention guaranteeing equality of treatment in access to social security between foreign and national fishers who are ordinarily resident in Morocco and who work on fishing vessels flying a foreign flag. The Committee also requests the Government to provide statistical information on the number of fishers currently registered with the general social security scheme and the AMO scheme, indicating, if possible, the number of foreign nationals among them who are ordinarily resident in Morocco.

Articles 38 and 39. Protection in the case of work-related sickness, injury or death. The Committee notes the Government’s indication, in reply to its previous comment, that section 5 of Act No. 18-12 on compensation for employment accidents provides that the employer or employer’s insurer shall defray certain expenses incurred by the workers covered by this Act as a result of the occurrence of an accident, including fees for diagnosis, medical, surgical and pharmaceutical treatment, hospitalization, analyses and examinations, as well as the fees of doctors and medical assistants. In the event of death, the funeral expenses and costs of transporting the body to the place of burial shall be covered. Noting this information, the Committee requests the Government to clarify whether the coverage of medical expenses provided for in Act No. 18-12 includes related material assistance and support, as required by Article 39(1). Furthermore, in the absence of a reply, the Committee once again requests the Government to specify the protection afforded to seafarers working for vessel owners who only operate boats fitted out for small-scale fishing, in the event of injury caused by employment accident or occupational disease.

Articles 40–42. Compliance and enforcement. Flag State responsibilities. Valid documentation and inspections. In reply to its previous comment, the Committee notes the Government’s reference to Decree No. 2-63-401 of 25 October 1963 recognizing the classification societies authorized to issue freeboard marks to Moroccan fishing vessels, as amended and supplemented. While noting this information, the Committee requests the Government to describe in detail how it exercises its jurisdiction and control over fishing vessels flying the Moroccan flag through monitoring and the imposition of appropriate penalties. It also requests the Government to provide a copy of a valid document issued by the competent authority stating that the vessel has been inspected by the competent authority or on its behalf, for compliance with the provisions of the Convention concerning living and working conditions. The Committee finally requests the Government to provide statistical information on the findings of the inspections carried out on board fishing vessels.

Article 43(1) and (4). Compliance and enforcement. Complaints and investigations. In reply to its previous comment, the Committee notes the Government’s indication that the Department of Maritime Fishing has not received any complaints concerning cases of non-conformity on vessels flying the Moroccan flag. While noting this information, the Committee recalls that each Member is required to adopt measures so that it is able to undertake an investigation of cases of non-conformity with the requirements of the Convention on board fishing vessels flying the national flag and ensure that action is taken to remedy any deficiencies found. The Committee therefore requests the Government to indicate how effect is given to these provisions of the Convention.