Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2022, entered into force for Gabon on 23 December 2024. In this regard, the Committee draws the Government’s attention to the questions contained in the revised report form and requests it to reply to them in its next report, indicating in each case the applicable national provisions.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum Age. Hazardous work. In reply to its previous comment, the Committee notes the Government’s reference to the preparation of a first draft of a decree implementing the Convention, with a view to supplementing the existing legislative provisions. The Committee requests the Government to adopt without further delay the necessary measures to give effect to Standard A1.1, paragraph 4, including the adoption of the list of the types of work likely to jeopardize the health or safety of seafarers, 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. In reply to its previous comment, the Committee notes the Government’s indication that the draft decree seeks to give full effect to the requirements of this provision. The Committee requests the Government to adopt without further delay the necessary measures to give full effect to these provisions of the Convention.

Regulation 1.4 and the Code. Recruitment and placement. In reply to its previous comment, the Committee notes sections 26–28 of the collective agreement of 29 October 2013 between seafarers and shipowners in the Gabonese Republic (the collective agreement), which specify that the placement of seafarers must be free of charge and cannot constitute a lucrative activity for any person, enterprise or establishment. The State must organize and maintain an effective system of free placement services, either managed jointly by the representative associations of shipowners and seafarers under the monitoring of the competent maritime authority, or directly by that authority in the absence of joint management. The Committee also notes that the draft decree regulates certain aspects of the operation of seafarer recruitment or placement agencies. Noting this information, the Committee requests the Government to adopt without further delay the necessary measures to give full effect to Regulation 1.4 and the Code.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. In reply to its previous comment, the Committee notes the Government’s confirmation that weekly rest is mandatory and must be at least 24 consecutive hours per week, starting on the seventh day after boarding. Section 54 of the collective agreement specifies that seafarers must be granted a full day of rest for any engagement exceeding six days. It also notes that the draft decree establishes 8 hours per day and 48 hours per week as normal working hours and gives effect to the requirements of Standard A2.3, paragraphs 2 and 5.The Committee requests the Government to adopt without further delay the necessary measures to give effect to these provisions 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. In reply to its previous comment, the Committee notes the Government’s indication that the draft decree seeks to give full effect to this requirement of the Convention. While noting this information, the Committee requests the Government to adopt the necessary measures to give effect to Standard A2.3, paragraph 14.

Regulation 2.5, paragraph 2, and the Code. Repatriation. Financial security. In reply to its previous comment, the Committee notes the Government’s indication that the draft decree seeks to implement Regulation 2.5, paragraph 2, and the Code. The Committee requests the Government to adopt without further delay the necessary measures to give effect to these provisions of the Convention.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. In reply to its previous comment, the Committee notes the Government’s indication that the draft decree seeks to give full effect to these requirements of the Convention. The Committee requests the Government to adopt without further delay the necessary measures to give full effect to Standard A2.7, paragraph 3.

Regulation 3.2 and the Code. Food and catering. In reply to its previous comment, the Committee notes that section 61 of the collective agreement stipulates that seafarers are entitled to food for the entire duration of their time on board. The food provided must be healthy, of good quality, in sufficient quantity, of a certain nutritional value and sufficiently varied. The Committee also notes the Government’s indication that the draft decree seeks to give full effect to these requirements of the Convention. Noting this information, the Committee requests the Government to adopt without further delay the necessary measures to give effect to Regulation 3.2 and the Code.

Regulation 4.5 and the Code. Social security. The Committee recalls that, at the time of ratification, and in accordance 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. In reply to its previous comment, the Committee notes that the Government refers to section 62 of the collective agreement, which provides that seafarers are covered by the social security system of their State, which provides them with the benefits guaranteed by its insurance schemes. The Government adds that social security protection is guaranteed under said collective agreement, in accordance with Standard A4.5, paragraph 7. Noting this information, the Committee requests the Government to provide detailed explanations on the protection afforded, through the collective agreement, to seafarers ordinarily resident in Gabon for the branches it has declared applicable. The Committee also requests confirmation as to whether the collective agreement also applies to foreign seafarers ordinarily resident in Gabon.

Regulation 5.1 and the Code. Flag State responsibilities. In reply to its previous comment, the Committee notes the Government’s reference to the draft decree stipulating that any ship flying the national flag, with a gross tonnage of 500 tonnes or over and engaged in international voyages, is subject to the inspections and certifications provided for in the MLC, 2006. Noting this information, the Committee requests the Government to adopt without further delay the necessary measures to give effect to Regulation 5.1 and the Code.

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 Gabon has mandated the recognized organizations Bureau Veritas and INSB to carry out the inspection and certification of Gabonese ships, in accordance with section 212 of the Community Merchant Shipping Code (CCMM). It also notes that Title 6, Chapter 2, of the draft decree provides that the competent authority may delegate certain inspection and certification tasks to recognized organizations, provided that they offer every guarantee of independence, technical competence and impartiality. These organizations must be approved in accordance with the requirements of the MLC, 2006, and remain under the supervision and constant monitoring of the competent authority, which retains full responsibility for compliance with and implementation of the Convention. The Committee notes this information and requests the Government to provide, in its next report, an up-to-date list of recognized organizations delegated to carry out the inspection and certification required by the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 7 and 9. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. In reply to its previous comment, the Committee notes the Government’s indication that the draft decree specifies the powers of inspectors, including the possibility of ordering the technical immobilization of a ship or prohibiting its navigation in the event of a violation of the relevant provisions of the Convention. While noting this information, the Committee requests the Government to adopt without further delay the necessary measures to give full effect to Standard A5.1.4, paragraph 7.

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Compensation in the event of a ship being unduly detained. In reply to its previous comment, the Committee notes the Government’s indication that a legal mechanism must be developed on this issue. The Committee therefore requests the Government to take the necessary measures to fully implement Standard A5.2.1, paragraph 8.