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

The Committee notes the reports submitted by the Government on Conventions Nos. 108 and 146. In order to provide an overview of the issues concerning the application of the maritime Conventions, the Committee considers it appropriate to examine these reports in a single comment.

The Committee notes the observations of the Cameroon National Seafarers Union (SYNIMAC), received by the Office on 27 July 2020, on the failure to observe seafarers’ rights and the need to accelerate the ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee requests the Government to provide its comments in this regard.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 2(1). Issuance of a seafarers’ identity document (SID). In its previous comment, the Committee requested the Government to indicate the measures adopted to ensure the issuance of a SID to each of its nationals who is a seafarer, in accordance with the Convention, without regard to their level of training or professional experience. In its reply, the Government indicates that a SID is issued to each applicant and enables the identification of the holder, without regard to the status of the booklet as temporary or permanent. The Committee notes this information. The Committee notes that SYNIMAC refers to the need to establish electronic SIDs in accordance with the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185). The Committee requests the Government to provide its comments in this regard.

Article 4. Form and content of the SID. In its previous comment, the Committee requested the Government to provide an up-to-date specimen of the SID and the maritime seafarers’ booklet. The Committee observes, however, that the Government has not provided these documents. The Committee once again requests the Government to provide an up-to-date specimen of the SID and the maritime seafarers’ booklet.

Article 5. Readmission to the territory. In reply to the Committee’s previous comments, the Government indicates that the readmission of a seafarer to Cameroonian territory is not subject to the renewal of the contract. In the absence of information on the relevant legislative and regulatory provisions, the Committee requests the Government to indicate how effect is given to this provision of the Convention.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Article 5. Calculation of length of service. In its previous comment, the Committee requested the Government to provide a copy of the text of the collective agreement for maritime shipping so that it could assess whether the calculation of length of service is in conformity with the requirements of the Convention. In its reply, the Government indicates that the collective agreement for maritime shipping is in the process of being drafted. The Committee requests the Government to provide a copy of the text of the collective agreement once it has been adopted.

Article 10. Leave. In its previous comment, noting that section 432 of Regulation No. 08/12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) adopting the Merchant Shipping Community Code of 22 July 2012 (hereinafter: Community Code) reproduces the terms of Standard A2.4(2) and (3) of the MLC, 2006, the Committee requested the Government to indicate the extent to which the Community Code was applied in practice in Cameroon. In its reply, the Government indicates that the Community Code is applicable at the national level, referring to, among other provisions, section 798(2) of the Code, which specifies that the Code is directly applicable in all the member States. The Committee notes this information.

Article 11. Relinquishment of the right to leave. In its previous comment, the Committee requested the Government to indicate the manner in which section 92(5) of the Labour Code and section 432 of the Community Code prohibiting the relinquishment of the right to the minimum annual leave with pay are applied in practice and brought to the attention of the persons concerned. In its reply, the Government indicates that “section 92(5) provides that, as leave is granted to workers to allow them to rest, the payment of monetary compensation in lieu of leave is strictly prohibited in all other cases. Therefore, the provisions of the aforementioned section are applicable throughout the country.” The Committee notes this information.

Article 12. Recall of seafarers on leave. In its previous comment, the Committee requested the Government to indicate the manner in which it ensures the application of Article 12 of the Convention. In its reply, the Government indicates that, to date, the Cameroonian legislator has not legislated on this matter. However, the Committee notes that section 434(4) of the Community Code provides that seafarers on annual leave cannot be recalled except in cases of extreme emergency and with their agreement. Referring to the Government’s indications concerning the direct application of the Community Code in Cameroon, the Committee notes this information.

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

The Committee notes that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Placing of Seamen Convention, 1920 (No. 9). Article 2. Penal sanctions. The Committee notes the Government’s indication in its report that, in the absence of specific provisions in the Merchant Shipping Community Code on the penalties imposed for violations in relation to the placement of seafarers, effect is given to Article 2(2) of the Convention by section 12 of Decree No. 93/570/PM of 15 July 1993 determining the procedures for the placing of workers. The Committee notes that this section provides that violations of the provisions of the Decree shall be punished by the penalties set out in section 167 of the Labour Code. It notes that Decree No. 93/570/PM does not specifically address the placing of seafarers and that section 167 of the Labour Code establishes penalties for a series of specific violations. The Committee requests the Government to provide information on the application of these provisions, including a copy of any court rulings handed down under these provisions in relation to the placement of seafarers.

Article 3. Exceptions. In its previous comment, the Committee recalled that the coexistence of public employment services operated free of charge and of fee-paying placement agencies for seafarers is not sufficient to ensure compliance with the Convention, which explicitly prohibits the placement of seafarers for pecuniary gain, without any exceptions, in contrast with the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), and the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes that the Government has not replied to its comments on this point and refers it to the Ministry of Employment and Vocational Training (MINEFOP) and the Ministry of Transport (MINT) to provide further information. The Committee once again requests the Government to indicate the measures envisaged or adopted to separate training activities from those of placement, which cannot be carried out on a profit-making basis.

Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16). The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) contained in a communication received on 10 October 2014. With regard to the present Convention, the UGTC indicates that “Medical examinations are not carried out in ports”. In this regard, the Committee recalls that Article 2 of the Convention provides that the employment of any child or young person under 18 years of age on any vessel shall be conditional on the production of a medical certificate attesting fitness for such work, signed by a doctor who shall be approved by the competent authority. Article 3 specifies that the medical examination shall be repeated at intervals of not more than one year. The Committee requests the Government to provide its reply to the observations set out above and to specify the measures taken to ensure that full effect is given to the Convention.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 2(1). Issuance of a seafarer’s identity document. The Committee notes the Government’s indication in its report that, in accordance with section 6 of Order No. 1643 of 10 December 1975, a temporary authorization is issued to beginner seafarers without vocational qualifications, and that after six months’ actual service on board they receive a seafarer’s identity card. The Government indicates that the relevant provisions of the national collective agreement for maritime shipping and the Merchant Shipping Community Code ensure the issuance of seafarers’ identity documents without conditions in respect of training or professional experience. The Committee recalls that the Convention requires Members to issue to each of its nationals who is a seafarer a seafarer’s identity document, without regard to their level of training or professional experience. The Committee requests the Government to provide a copy of the national collective agreement for maritime shipping and to indicate the measures taken to ensure the issuance of a seafarer’s identity document to each of its nationals who is a seafarer, in accordance with the Convention.

Article 4. Form and content of the seafarer’s identity document. According to the Government’s report, the national collective agreement for maritime shipping contains relevant information concerning the form and content of the identity document. The Committee once again requests the Government to provide a specimen (not a photocopy) of the up-to-date seafarer’s identity card and maritime seafarers’ booklet.

Article 5. Readmission to the territory. The Government indicates, in its report, that it has taken due note of the Committee’s previous comment on this point and that it will take the necessary measures. The Committee recalls that the Convention requires that any seafarer who holds a valid seafarer’s identity document issued by the competent authority of a territory shall be readmitted to that territory, including during a period of at least one year after any date of expiry indicated in that document. The Committee once again requests the Government to indicate the measures taken so as to bring national law and practice into conformity with the requirements of the Convention.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Article 5. Calculation of length of service. The Committee notes the Government’s indication that, in the absence of specific provisions in the Merchant Shipping Community Code, the provisions of the Labour Code apply to seafarers. The Committee notes that the Government’s report refers to the collective agreement for maritime shipping, which provides for the calculation of entitlement to leave, but which the Government has omitted to attach to the report. The Committee requests the Government to provide a copy of the collective agreement for maritime shipping.

Article 10. Leave. The Government refers once again to section 352 of the Merchant Shipping Community Code of 2001 for the determination of the time at which leave shall be taken. However, the Committee notes that it is section 353 of the 2001 Community Code which refers to annual leave, while section 352 relates to weekly rest and contains no reference to the time at which annual leave shall be taken. The Committee also notes that, by means of Regulation 08/12 UEAC 088 CM-23, of 22 July 2012, the Council of Ministers of the Central African Economic and Monetary Community (CEMAC) adopted the new Merchant Shipping Community Code. Section 432 of the Community Code of 2012 reproduces the terms of paragraphs 2 and 3 of Standard A2.4 of the MLC, 2006, which revises the Convention, and grants four working days of leave per month of employment. Noting that section 798(2) of the Merchant Shipping Community Code of 2012 specifies that the Code is directly applicable in all member States, the Committee requests the Government to indicate the extent to which the new Community Code is applied in Cameroon and to provide a copy of any implementing text issued in this respect.

Article 11. Relinquishment of the right to leave. The Committee notes the Government’s indication that section 92(5) of the Labour Code, which formally prohibits the granting of compensation in lieu of leave, is applicable to seafarers. It also notes that section 432(2) of the Community Code of 2012 provides that any agreement to forego the minimum annual leave with pay prescribed in the Code, except in cases provided for by the competent authority, shall be prohibited. The Committee requests the Government to indicate the manner in which these provisions are applied in practice and brought to the attention of the persons concerned.

Article 12. Recall of seafarers on leave. The Government reiterates that no provisions envisaging the recall of seafarers on leave exist in the Merchant Shipping Community Code. However, in a previous report, the Government indicated that the conditions governing the recall of seafarers while they are on leave may be specified in the articles of agreement, by means of a memorandum or by decision of the shipowner or the placement agency. The Committee also notes that the Merchant Shipping Community Code of 2012 provides in section 434(4) that any seafarer taking annual leave should be recalled only in cases of extreme urgency and with their consent. The Committee therefore once again requests the Government to indicate the manner in which it ensures that, in each of these cases, seafarers on annual leave are recalled only in cases of extreme emergency and with reasonable notice.

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

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Placing of Seamen Convention, 1920 (No. 9). Article 2. Penal sanctions. The Committee notes the Government’s indication in its report that, in the absence of specific provisions in the Merchant Shipping Community Code on the penalties imposed for violations in relation to the placement of seafarers, effect is given to Article 2(2) of the Convention by section 12 of Decree No. 93/570/PM of 15 July 1993 determining the procedures for the placing of workers. The Committee notes that this section provides that violations of the provisions of the Decree shall be punished by the penalties set out in section 167 of the Labour Code. It notes that Decree No. 93/570/PM does not specifically address the placing of seafarers and that section 167 of the Labour Code establishes penalties for a series of specific violations. The Committee requests the Government to provide information on the application of these provisions, including a copy of any court rulings handed down under these provisions in relation to the placement of seafarers.

Article 3. Exceptions. In its previous comment, the Committee recalled that the coexistence of public employment services operated free of charge and of fee-paying placement agencies for seafarers is not sufficient to ensure compliance with the Convention, which explicitly prohibits the placement of seafarers for pecuniary gain, without any exceptions, in contrast with the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), and the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes that the Government has not replied to its comments on this point and refers it to the Ministry of Employment and Vocational Training (MINEFOP) and the Ministry of Transport (MINT) to provide further information. The Committee once again requests the Government to indicate the measures envisaged or adopted to separate training activities from those of placement, which cannot be carried out on a profit-making basis.

Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16). The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) contained in a communication received on 10 October 2014. With regard to the present Convention, the UGTC indicates that “Medical examinations are not carried out in ports”. In this regard, the Committee recalls that Article 2 of the Convention provides that the employment of any child or young person under 18 years of age on any vessel shall be conditional on the production of a medical certificate attesting fitness for such work, signed by a doctor who shall be approved by the competent authority. Article 3 specifies that the medical examination shall be repeated at intervals of not more than one year. The Committee requests the Government to provide its reply to the observations set out above and to specify the measures taken to ensure that full effect is given to the Convention.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 2(1). Issuance of a seafarer’s identity document. The Committee notes the Government’s indication in its report that, in accordance with section 6 of Order No. 1643 of 10 December 1975, a temporary authorization is issued to beginner seafarers without vocational qualifications, and that after six months’ actual service on board they receive a seafarer’s identity card. The Government indicates that the relevant provisions of the national collective agreement for maritime shipping and the Merchant Shipping Community Code ensure the issuance of seafarers’ identity documents without conditions in respect of training or professional experience. The Committee recalls that the Convention requires Members to issue to each of its nationals who is a seafarer a seafarer’s identity document, without regard to their level of training or professional experience. The Committee requests the Government to provide a copy of the national collective agreement for maritime shipping and to indicate the measures taken to ensure the issuance of a seafarer’s identity document to each of its nationals who is a seafarer, in accordance with the Convention.

Article 4. Form and content of the seafarer’s identity document. According to the Government’s report, the national collective agreement for maritime shipping contains relevant information concerning the form and content of the identity document. The Committee once again requests the Government to provide a specimen (not a photocopy) of the up-to-date seafarer’s identity card and maritime seafarers’ booklet.

Article 5. Readmission to the territory. The Government indicates, in its report, that it has taken due note of the Committee’s previous comment on this point and that it will take the necessary measures. The Committee recalls that the Convention requires that any seafarer who holds a valid seafarer’s identity document issued by the competent authority of a territory shall be readmitted to that territory, including during a period of at least one year after any date of expiry indicated in that document. The Committee once again requests the Government to indicate the measures taken so as to bring national law and practice into conformity with the requirements of the Convention.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Article 5. Calculation of length of service. The Committee notes the Government’s indication that, in the absence of specific provisions in the Merchant Shipping Community Code, the provisions of the Labour Code apply to seafarers. The Committee notes that the Government’s report refers to the collective agreement for maritime shipping, which provides for the calculation of entitlement to leave, but which the Government has omitted to attach to the report. The Committee requests the Government to provide a copy of the collective agreement for maritime shipping.

Article 10. Leave. The Government refers once again to section 352 of the Merchant Shipping Community Code of 2001 for the determination of the time at which leave shall be taken. However, the Committee notes that it is section 353 of the 2001 Community Code which refers to annual leave, while section 352 relates to weekly rest and contains no reference to the time at which annual leave shall be taken. The Committee also notes that, by means of Regulation 08/12 UEAC 088 CM-23, of 22 July 2012, the Council of Ministers of the Central African Economic and Monetary Community (CEMAC) adopted the new Merchant Shipping Community Code. Section 432 of the Community Code of 2012 reproduces the terms of paragraphs 2 and 3 of Standard A2.4 of the MLC, 2006, which revises the Convention, and grants four working days of leave per month of employment. Noting that section 798(2) of the Merchant Shipping Community Code of 2012 specifies that the Code is directly applicable in all member States, the Committee requests the Government to indicate the extent to which the new Community Code is applied in Cameroon and to provide a copy of any implementing text issued in this respect.

Article 11. Relinquishment of the right to leave. The Committee notes the Government’s indication that section 92(5) of the Labour Code, which formally prohibits the granting of compensation in lieu of leave, is applicable to seafarers. It also notes that section 432(2) of the Community Code of 2012 provides that any agreement to forego the minimum annual leave with pay prescribed in the Code, except in cases provided for by the competent authority, shall be prohibited. The Committee requests the Government to indicate the manner in which these provisions are applied in practice and brought to the attention of the persons concerned.

Article 12. Recall of seafarers on leave. The Government reiterates that no provisions envisaging the recall of seafarers on leave exist in the Merchant Shipping Community Code. However, in a previous report, the Government indicated that the conditions governing the recall of seafarers while they are on leave may be specified in the articles of agreement, by means of a memorandum or by decision of the shipowner or the placement agency. The Committee also notes that the Merchant Shipping Community Code of 2012 provides in section 434(4) that any seafarer taking annual leave should be recalled only in cases of extreme urgency and with their consent. The Committee therefore once again requests the Government to indicate the manner in which it ensures that, in each of these cases, seafarers on annual leave are recalled only in cases of extreme emergency and with reasonable notice.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in reply to its previous comments concerning the application of Article 6 of the Convention. It notes the formulation of a list and classification of types of maritime employment by the joint mixed commission responsible for the formulation and negotiation of the national collective agreement for the maritime sector. The Committee would be grateful if the Government would provide additional information in its next report on the following points.

Article 2, paragraph 1. Issuance of a seafarer’s identity document. According to the Government’s report, a temporary authorization is issued to beginner seafarers without vocational qualifications, and after six months’ actual service on-board, the latter receive an identity card. Article 2 of the Convention establishes the requirement for Members to issue an identity document “to each of its nationals who is a seafarer” without conditions relating to training or vocational experience, with the purposes of the identity document including facilitating shore leave for temporary periods while the vessel is in port, joining a ship or transferring to another ship, and facilitating transit or repatriation. The Committee requests the Government to take the necessary measures to ensure that the issuance of a seafarer’s identity document is not subject to any condition of training or professional experience, in accordance with the provisions of the Convention.

Article 4. Form and content of the seafarer’s identity document. According to the Government’s report, the joint mixed commission responsible for formulating and negotiating the national collective agreement will henceforth be the forum for social dialogue in the maritime sector and will be responsible for determining the form and content of the seafarer’s identity document. The Committee requests the Government to keep the Office informed of the measures adopted or envisaged by the joint mixed commission for the determination of the form and content of the seafarer’s identity document.

Specimen of the maritime seafarer’s booklet and identity card. Up to now, the Committee only received a sample of the seafarer’s maritime booklet in 1989. In 2001, it received a photocopy of the maritime seafarer’s booklet that had been entirely modified in relation to the previous model. The Committee requests the Government to provide, with its next report, a sample of the seafarer’s identity card and of the maritime seafarer’s booklet.

Article 5. Readmission to the territory. The Government refers in its report to section 25 of the Labour Code of Cameroon, which provides that the contracts of workers of foreign nationality may only be renewed following approval by the minister responsible for labour. This provision means that the readmission to the territory of a seafarer in possession of an identity document is subject to the signature of a new contract. Section 25 is thus not in conformity with the Convention, which establishes that any seafarer who holds a valid seafarer’s identity document issued by the competent authority of a territory, shall be readmitted to that territory. The Convention further provides that the seafarer shall also be readmitted to the territory during a period of at least one year after any date of expiry indicated in the seafarer’s identity document. The Committee requests the Government to take the necessary measures to bring its law and practice into conformity with the requirements of the Convention.

The Committee invites the Government to envisage ratifying the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185) (the ratification of which would involve the immediate denunciation of Convention No. 108), or giving effect to it in practice, in accordance with Article 9 of Convention No. 185. The Committee would be grateful if the Government would provide information in its next report on any consultations held in this respect.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in reply to its previous comments concerning the application of Article 4 of the Convention. The Committee also notes that national collective agreements for maritime personnel are in the process of being negotiated and therefore requests the Government to provide a copy of these texts once they have been adopted. It would be grateful if the Government would provide further information in its next report on the following points.

Article 5. Calculation of length of service. The method of calculating the length of service provided for in the Community Code on Merchant Shipping, counts leave as part of the actual service. However, the Code contains no provisions on absences from work to attend an approved maritime vocational training course or for reasons beyond the control of the seafarers concerned, such as illness, injury or maternity, which, under the Convention, shall be counted as part of the period of service. In contrast, for the purpose of determining leave entitlement, section 89 of the Labour Code regards periods of unavailability due to an industrial accident or occupational disease, absences for medically certified illness, maternity leave and temporary lay-offs as periods of actual service. Furthermore, section 91 of the Labour Code provides that periods of training shall be treated as periods of actual work. The Committee requests the Government to indicate in its next report whether the provisions of the Labour Code concerning the calculation of the period of service apply to seafarers. If not, the Committee asks the Government to indicate the specific provisions which provide for the method of calculating the length of service.

Article 7, paragraph 1. Remuneration of leave. In its previous comments, the Committee had requested the Government to provide a copy of Order No. 148 of 26 November 1962 establishing the general employment conditions of seafarers. The Committee once again requests the Government to provide a copy of the Order or any new text or collective agreement which give effect to the provisions of the Convention on the remuneration of leave.

Article 10. Leave. The Government refers to section 352 of the Community Code on Merchant Shipping with regard to the determination of the time at which leave shall be taken. However, this provision concerns weekly rest and contains no reference to the time and place of annual leave. The Committee once again requests the Government to specify the measures taken or envisaged to ensure that: (i) the determination by the master of the time at which the leave is to be taken is made after consultation and, in so far as possible, in agreement with the seafarer concerned; (ii) leave is taken at the place of engagement or recruitment; and (iii) transportation costs to one of these places, if seafarers are required to take their annual leave from another place, are borne by the employer, without deducting the travel time involved from the annual leave with pay due to the seafarer.

Article 6. Calculation of annual leave with pay. The Committee once again asks the Government to keep the Office informed of any further developments in this regard, and to provide a copy of the collective agreement and the relevant legislation once adopted.

Article 11. Relinquishment of the right to leave. The Government emphasizes that the relinquishment of leave is not mentioned in the Community Code on Merchant Shipping. However, section 92(5) of the Labour Code specifically prohibits the granting of compensation in place of leave. The Committee therefore requests the Government to indicate whether these provisions apply to seafarers, in accordance with the Convention, and, if so, to indicate the extent to which these provisions are applied in practice and brought to the attention of the persons concerned.

Article 12. Recall of seafarers on leave. The Government indicates that the Community Code on Merchant Shipping contains no provisions envisaging the recall of seafarers on leave. In its previous report, the Government had indicated that the conditions governing the recall of seafarers while they are on leave may be specified in the articles of agreement, by means of a memorandum or by decision of the shipowner or the placement agency. The Committee requests the Government to indicate the manner in which it ensures that, in each of these cases, seafarers on annual leave are recalled only in cases of extreme emergency and with reasonable notice.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in reply to its previous comments relating to the application of Article 5 of the Convention. In particular, it notes the establishment of a joint mixed commission to draw up and negotiate the national collective agreement for the maritime sector in Cameroon. The Committee would be grateful if the Government would provide additional information in its next report on the following points.

Article 2, paragraph 2. Penal sanctions. In its previous comments, the Committee recalled the requirements set out in the Convention that the law of each country shall provide for penal sanctions for any violation of the provisions of the Convention. The Government indicates that it has noted these requirements, without, however, providing information on the measures adopted to give effect to them. The Committee therefore once again requests the Government to indicate the penal sanctions applicable in the event of violations of the provisions of the Community Merchant Shipping Code relating to the placing of seafarers.

Article 3. Exceptions. The Government emphasizes in its report that it could not refuse to authorize the placement of seafarers by an enterprise engaged in the training of seafarers, which applies for such authorization in accordance with the conditions established by Decree No. 93/570 of 15 July 1993 determining the arrangements for the placement of workers. It reiterates the existence of the National Employment Fund and the decentralized services of the Ministry of Employment and Vocational Training, which are responsible for the placement of workers free of charge and which offer an alternative to the fee-paying placement of seafarers. However, the co-existence of public employment services free of charge and of fee-paying placement agencies for seafarers does not suffice to ensure compliance with the Convention, since the latter expressly prohibits the placement of seafarers for pecuniary gain, without any exceptions. The Committee notes that the Government has taken note of its previous comments. It requests the Government to indicate the measures envisaged or adopted to separate training activities from those of placement, which cannot be carried out on a profit‑making basis.

The Committee welcomes the Central African Economic and Monetary Community (CEMAC) Subregional Workshop on the Maritime Labour Convention, 2006 (MLC, 2006), organized by the Government in Douala from 30 May to 2 April 2009, which provided an opportunity for Cameroon to obtain further information on this instrument. It invites the Government to envisage ratifying the MLC, 2006, following which the existence of profit-making recruitment and placement agencies would be allowed under the conditions established in its Title 1.4. The Committee would be grateful if the Government would provide information in its next report on any consultations held to this end.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the adoption of Regulation No. 03/01-UEAC-088-CM-06 of 3 August 2001 approving the revised Community Code on Merchant Shipping of the Monetary and Economic Community of Central Africa (CEMAC Code). It draws the Government’s attention to the following points.

Article 2, paragraph 1, of the Convention. Issuance of seafarers’ identity documents. According to section 330 of the CEMAC Code on Merchant Shipping, every seafarer embarking on a vessel receives, as appropriate, either a maritime identity card or a seafarer’s book. The Committee asks the Government to indicate any existing differences between the maritime identity card and the seafarer’s book, and clarify in which cases and for what reasons a maritime identity card would rather be issued than a seafarer’s book.

Article 4. Form and content of the seafarers’ identity document. The Committee requests the Government to supply, with its next report, a specimen of the maritime identity card and of the seafarer’s book. It also asks the Government to give particulars of the consultations held pursuant to paragraph 6 of this Article, which provides for consultations with the shipowners’ and seafarers’ organizations concerned, in order to determine the precise form and content of the seafarer’s identity document.

Article 5. Readmission to the territory. According to section 306(2) of the CEMAC Code on Merchant Shipping, any seafarer entered in the register of a Member State of the Monetary and Economic Community of Central Africa (CEMAC) may be embarked on a vessel flying the flag of a CEMAC Member State. Section 328 of the Code provides that one of the required conditions is to be a national of the State in which registration is requested. Nationals of landlocked CEMAC Member States, however, may request to be entered in the seafarer’s register of any coastal CEMAC Member State. The Committee requests the Government to indicate whether each seafarer who is national of a landlocked CEMAC Member State and a holder of a valid seafarer’s identity document issued by Cameroon, is readmitted to Cameroon. It also asks the Government to indicate whether, after any fixed date of expiry of the validity of his seafarer’s identity document, such seafarer would be readmitted to Cameroon.

Article 6. Entry into the territory. The Committee requests the Government to indicate whether Cameroon authorizes the entry into its territory of any seafarer in possession of a valid seafarer’s identity document when entry is requested for temporary shore leave while the ship is in port.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the adoption of Regulation No. 03/01-UEAC-088-CM-06 of 3 August 2001 approving the revised Community Code on Merchant Shipping of the Monetary and Economic Community of Central Africa (CEMAC Code). It notes that, with regard to certain questions, the Government further refers to the Cameroonian Merchant Shipping Code. The Committee asks the Government to indicate whether the Cameroonian Merchant Shipping Code is still in force, and to clarify which one of the two legislative texts prevails.

Furthermore, it draws the Government’s attention to the following points.

Article 4 and Article 5, paragraphs 1 and 2, of the Convention. Length of service of less than one year; calculation of length of service. The Government refers to section 35(3) of the CEMAC Code as implementing these Articles of the Convention. Yet, section 35 concerns the annotations to be entered in the crew list. The Committee thus requests the Government to indicate, in its next report, the specific provisions in national legislation ensuring that seafarers whose length of service in any year is less than one year shall be entitled, in respect of that year, to annual leave with pay proportionate to his length of service during that year (Article 4); as well as the manner in which the length of service is calculated (Article 5).

Article 5, paragraph 3. Absence from work for reasons of vocational training, illness, injury or maternity considered as period of service. The Government indicates in its report that the modalities for taking into account absence from work for reasons of vocational training and other particulars will be laid down in a sectoral collective agreement. The Committee asks the Government to keep it informed of any progress achieved in this respect and supply a copy of the sectoral collective agreement once adopted.

Article 6. Annual leave with pay, holidays, periods of incapacity, temporary shore leave and compensatory leave. According to the Convention, the following shall not be counted as part of the minimum annual leave with pay prescribed in Article 3, paragraph 3, of this Convention: (a) public and customary holidays recognized as such in the country of the flag, whether or not they fall during the annual leave with pay; (b) periods of incapacity for work resulting from illness, injury or maternity, under conditions to be determined by the competent authority or through the appropriate machinery in each country; (c) temporary shore leave granted to a seafarer while on articles; and (d) compensatory leave of any kind, under conditions to be determined by the competent authority or through the appropriate machinery in each country. The Government indicates that no steps have yet been taken for the purposes of this Article but that measures will be adopted in the framework of the reform of the Merchant Shipping Code and the negotiation of a collective agreement concerning maritime labour. The Committee requests the Government to keep it informed of any further development in this regard and communicate copies of the collective agreement and the relevant amended legislation once adopted.

Article 7, paragraph 1. Remuneration of leave. The Committee asks the Government to supply, with its next report, a copy of Order No. 148 of 26 November 1962 concerning the general employment conditions of seafarers referred to in its report.

Article 10. Time and place of leave. The Government refers to section 145 of the Cameroonian Merchant Shipping Code which stipulates that the time for taking leave is determined by the master according to the interests of the ship. The Committee points out that, under the Convention, the time at which the leave is to be taken shall be determined by the employer after consultation and, as far as possible, in agreement with the seafarer concerned or his representatives. No seafarers shall be required, without their consent, to take annual leave due to them at a place other than that where they were engaged or recruited, whichever is nearer their home, except under the provisions of a collective agreement or of national laws or regulations. If seafarers are required to take annual leave from a place other than the place where they were engaged or recruited, they shall be entitled to free transportation to one of these places, whichever is nearer their home, and subsistence and other costs directly involved in their return there shall be for the account of the employer; the travel time involved shall not be deducted from the annual leave with pay due to the seafarers. The Committee requests the Government to specify the measures taken or envisaged to ensure that: (i) the determination by the master of the time at which the leave is to be taken is made after consultation and, as far as possible, in agreement with the seafarer concerned; (ii) leave is taken at the place of engagement or recruitment; and (iii) transportation costs to one of these places, if a seafarer is required to take his annual leave from another place, are borne by the employer, without deducting the travel time involved from the annual leave with pay due to the seafarer.

Article 11. Relinquishment of the right to annual leave. The Government indicates that section 145 of the Cameroonian Merchant Shipping Code gives full effect to the Convention. This section does not contain any provision specifying that agreements to relinquish the right to annual leave with pay shall be null and void. The Committee asks the Government to indicate by what means effect is given to this Article of the Convention.

Article 12. Recall of seafarers on leave. The Government indicates that there are no provisions on the matter but that the modalities for recalling seafarers while they are on leave may be specified in the contract of employment, by means of a memorandum and by decision of the shipowner or the placement agency. The Committee asks the Government to indicate by what means it is ensured that in each of these instances seafarers on annual leave shall only be recalled in cases of extreme emergency, with due notice.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraph 2, of the Convention. Penal sanctions. In its report, the Government indicates that section 325 of the Merchant Shipping Code of the Central African Economic and Monetary Community expressly reproduces the first paragraph of this provision of the Convention. The Committee draws the Government’s attention to the fact that the Convention states that, "The law of each country shall provide punishment for any violation of the provisions of this Article" (Article 2, paragraph 2). Consequently, the Committee requests the Government to take all necessary measures to introduce into the national legislation and apply the appropriate penal sanctions relating to any violation of this Article.

Article 3. Exceptions. The Committee notes that there are eight private employment agencies carrying on the work of finding employment for seafarers in Douala. It recalls that, pursuant to this provision, "Each Member which ratifies this Convention agrees to take all practicable measures to abolish the practice of finding employment for seaman as a commercial enterprise for pecuniary gain as soon as possible". Any exceptional practices may only be permitted to continue temporarily (Article 3, paragraph 1). Under this Article of the Convention, the Government shall abolish the practice of finding employment for seafarers as a commercial enterprise for pecuniary gain as soon as possible. Thirty-five years have passed since the ratification of the Convention by Cameroon and the Government has had sufficient time to take the measures necessary to abolish the practice of finding employment for seafarers as a commercial enterprise for pecuniary gain. It notes that the Government places great emphasis on the seafarer training activities carried out by these employment agencies. It requests the Government to separate these training activities (which may be carried out for pecuniary gain) from placing activities and to ensure that placing is not carried out for pecuniary gain.

Article 5. Consultative committees. The Committee notes that since 1985 the Government has been considering the establishment of representative committees of seafarers and shipowners in the port of Douala which would be consulted with regard to the functioning of employment agencies. The situation has not changed in the past 20 years and this provision of the Convention remains unapplied to date. The Committee hopes that the Government will take all such measures as are necessary in order to ensure the establishment of committees composed of an equal number of representatives of the shipowners and the seafarers.

Article 10. Statistics. The Committee notes the renewal of the request for technical assistance made to the International Labour Office by the Government. In order to guarantee the Government the best assistance possible, the Committee once again invites the Government to communicate all the information available to it in this regard.

The Committee recalls that the Governing Body of the International Labour Office invited States parties to Convention No. 9 to envisage ratifying the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), the ratification of which would, ipso jure, involve the immediate denunciation of Convention No. 9 (see paragraphs 47 to 51 of document GB.273/LILS/4(Rev.1) of November 1998) and which would allow employment agencies to operate for pecuniary gain, under the conditions contained in the above Convention. The Committee would be grateful if the Government would provide, in its next report, information on any consultations held to this end.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report for the period ending September 2002, in which it expresses its regret for the delay incurred in establishing the representative committee of seafarers and shipowners in the port of Douala. It indicates that this delay is due to the problem of identifying the most representative trade unions for the committee. A team will once again visit the port to determine the representativeness of potential members and the procedures for the establishment of the committee. The Committee of Experts hopes that the Government will pursue its efforts for the establishment of committees consisting of an equal number of representatives of shipowners and seafarers to advise on any matters relating to the operation of employment offices for seafarers, as required by Article 5 of the Convention.

Article 10. The Government indicates in its report that it would be prepared to accept the cooperation of the ILO in this respect. The Committee trusts that the respective units of the ILO will be able to provide the desired technical assistance and that the Government will be able to provide information on unemployment among seafarers and the work of employment agencies for seafarers, and particularly the data available on the activities of employment offices in the ports which are of interest to seafarers.

The Committee recalls that the Governing Body has invited States parties to Convention No. 9 to examine the possibility of ratifying the Recruitment and Placement of Seafarers’ Convention, 1996 (No. 179), which would automatically result in the denunciation of Convention No. 9 (see paragraphs 47-51 of document GB.273/LILS/4(Rev.1) of November 1998). The Committee requests the Government to provide information in its next report on any consultations held on this matter.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report and particularly the fact that the Convention is applied in domestic law by the Merchant Shipping Code and the 1994 Merchant Shipping Code of the Central African Customs and Economic Union (UDEAC). It requests the Government to supply a copy of the latter.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report, in particular the fact that the Convention is implemented in national law by means of the Merchant Marine Code and by the UDEAC Merchant Marine Code of 1994. It asks the Government to send a copy of the text of the latter. It would also be grateful if the Government would provide additional information on the following point.

Article 12 of the Convention. The Government indicates in its report that seafarers taking annual leave may be recalled in the event of an "exceptionally heavy workload". The Committee reiterates that under the terms of the Convention seafarers taking annual leave shall be recalled only in cases of extreme emergency, with due notice. The Committee asks the Government to indicate the provisions of national law implementing this Article of the Convention and hopes that, if appropriate, any measures necessary to bring national law into conformity with the Convention on this point will be adopted in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 5 of the Convention. In its latest report, the Government indicates that a mission of the Ministry of Employment, Labour and Social Welfare to the ports of Kribi, Douala and Limbé in July 2001 held a working session with the authorities of the merchant service, the seamen’s union and the shipowners’ representative. The Committee notes that a resolution on the setting up of committees was taken at this meeting. It hopes that the Government will be in a position to report on the progress made with a view to constituting committees consisting of an equal number of representatives of shipowners and of seamen which will be consulted on all issues relating to the operation of employment offices for seamen as required by Article 5 of the Convention.

Article 10. The Committee notes that, according to the Government, there are no seamen at Kribi port. It also notes that the census of seamen is in progress at Douala port and that Limbé port has eight seamen. It hopes that the Government will continue to supply information on unemployment among seamen and the operation of employment offices for seamen, in particular information concerning the activities of employment offices in the ports of interest of seamen.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

The Committee notes the Government’s report, received in June 1999. In reply to the Committee’s previous comments, the Government states that the harmonization of the legislation with Article 5 of the Convention is one of its constant concerns. It would appear that the maritime authority and the labour administration have met several times for this purpose. The Committee is therefore bound once again to ask the Government to take the necessary steps to set up committees consisting of an equal number of representatives of shipowners and seamen, as required by Article 5 of the Convention, to advise on matters concerning the operation of employment offices for seamen.

  Article 10.  The Government is also asked to supply any available information, statistical or otherwise, concerning unemployment among seamen and the work of seamen’s employment agencies, particularly available data on the activities of the employment offices in Kribi, Limbé and Douala which are relevant to seamen.

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

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report, received in June 1999. In reply to the Committee's previous comments, the Government states that the harmonization of the legislation with Article 5 of the Convention is one of its constant concerns. It would appear that the maritime authority and the labour administration have met several times for this purpose. The Committee is therefore bound once again to ask the Government to take the necessary steps to set up committees consisting of an equal number of representatives of shipowners and seamen, as required by Article 5 of the Convention, to advise on matters concerning the operation of employment offices for seamen.

Article 10. The Government is also asked to supply any available information, statistical or otherwise, concerning unemployment among seamen and the work of seamen's employment agencies, particularly available data on the activities of the employment offices in Kribi, Limbé and Douala which are relevant to seamen.

[The Government is asked to report in detail in 2000.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its 1995 observation which read as follows:

Article 5 of the Convention. The Committee notes the information supplied by the Government in its reports for the periods 1989-92 and 1992-93, and particularly the adoption of Act No. 92/007 of 14 August 1992 establishing the Labour Code. The Committee notes that the reports contain no new information in answer to its previous direct requests and that the new Labour Code of 1992 contains no provisions for the constitution of committees which are required under this Article to consist of an equal number of representatives of shipowners and seamen to advise on matters concerning the carrying on of employment offices for seamen. The Committee observes that for several years there has been no progress in giving effect to this Article of the Convention. It is therefore bound to reiterate the hope that the Government will not fail to take the necessary measures in the near future to ensure application of this Article and asks it to indicate in its next report any progress made in this respect. Article 10. The Committee again expresses the hope that in its future reports the Government will provide the statistical or other information required by this Article, and particularly all available information on the activities concerning seamen carried on by the employment offices of Kribi, Limbé and Donala.

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

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention.The Committee notes the information supplied by the Government in its reports for the periods 1989-92 and 1992-93, and particularly the adoption of Act No. 92/007 of 14 August 1992 establishing the Labour Code. The Committee notes that the reports contain no new information in answer to its previous direct requests and that the new Labour Code of 1992 contains no provisions for the constitution of committees which are required under this Article to consist of an equal number of representatives of shipowners and seamen to advise on matters concerning the carrying on of employment offices for seamen. The Committee observes that for several years there has been no progress in giving effect to this Article of the Convention. It is therefore bound to reiterate the hope that the Government will not fail to take the necessary measures in the near future to ensure application of this Article and asks it to indicate in its next report any progress made in this respect. Article 10. The Committee again expresses the hope that in its future reports the Government will provide the statistical or other information required by this Article, and particularly all available information on the activities concerning seamen carried on by the employment offices of Kribi, Limbé and Donala.

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

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 5 of the Convention. The Committee notes the information supplied by the Government in its reports for the periods 1989-92 and 1992-93, and particularly the adoption of Act No. 92/007 of 14 August 1992 establishing the Labour Code. The Committee notes that the reports contain no new information in answer to its previous direct requests and that the new Labour Code of 1992 contains no provisions for the constitution of committees which are required under this Article to consist of an equal number of representatives of shipowners and seamen to advise on matters concerning the carrying on of employment offices for seamen. The Committee observes that for several years there has been no progress in giving effect to this Article of the Convention. It is therefore bound to reiterate the hope that the Government will not fail to take the necessary measures in the near future to ensure application of this Article and asks it to indicate in its next report any progress made in this respect.

Article 10. The Committee again expresses the hope that in its future reports the Government will provide the statistical or other information required by this Article, and particularly all available information on the activities concerning seamen carried on by the employment offices of Kribi, Limbé and Dovala.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee refers to its observation. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. The Committee notes the Government's intention to introduce new measures in order to give effect to this Article of the Convention. The Committee would be grateful if the Government would indicate the measures taken in this respect in its next report (the constitution of committees consisting of an equal number of representatives of shipowners and seamen to advise on matters concerning the carrying on of placement offices).

Article 10. The Committee hopes that the Government will supply in its next reports the statistics and other information that is required to be transmitted by this Article. In particular, please supply the available data concerning the activities in respect of seamen of the employment agencies in Kribi, Limbé and Dovala.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous observation, the Committee notes that the Government's report has not been received. It must therefore return to the questions raised in its previous comments in a new direct request. It hopes that the Government will not fail to take the necessary steps and supply the information requested.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 4, paragraph 3(f), of the Convention. With reference to its previous comments, the Committee notes with interest the specimen of the seafarers' identity document sent by the Government with its report. The Committee hopes that the space where the bearer signs the booklet may be used for a thumbprint when the bearer is unable to sign.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes that the Government's report does not contain a reply to its previous comments. It is therefore bound to repeat its previous direct request, which read as follows:

Article 5 of the Convention. The Committee notes the Government's intention to introduce new measures in order to give effect to this Article of the Convention. The Committee would be grateful if the Government would indicate the measures taken in this respect in its next report (the constitution of committees consisting of an equal number of representatives of shipowners and seamen to advise on matters concerning the carrying on of placement offices).

Article 10. The Committee hopes that the Government will supply in its next reports the statistics and other information that is required to be transmitted by this Article. In particular, please supply the available data concerning the activities in respect of seamen of the employment agencies in Kribi, Limbé and Dovala.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes that, as the Government's report gives no further particulars in reply to the earlier direct requests, the Committee must return to the question in a new direct request. It hopes that the Government will without fail take the necessary steps and supply the information requested.