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

In its previous comments, the Committee observed that the national legislation did not give effect to a number of requirements of these Conventions and requested the Government to take all the necessary measures to meet its international obligations in this regard. The Committee notes that, in its reports, the Government indicates that no new legislative measures have been adopted in relation to these Conventions so far. It states, however, that work is under way to bring national legislation into conformity with the relevant provisions of the Maritime Labour Convention, 2006, as amended (MLC, 2006), in preparation for its effective implementation before ratification. The Committee recalls that the MLC, 2006, revises and consolidates all the previous maritime Conventions ratified by Egypt. Referring to its previous comments under the maritime Conventions, the Committee requests the Government to take all the necessary measures to bring the national legislation into conformity with the requirements of these Conventions. The Committee further requests the Government to provide information on the developments concerning the process of ratification of the MLC, 2006.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 6–17 of the Convention. Crew accommodation requirements. In its previous comments, the Committee observed that the national legislation did not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention, such as those related to the minimum floor area of sleeping rooms, size of berths, lighting, ventilation, heating, mess rooms, sanitary facilities and hospital accommodation. In this respect, the Committee recalls that a legislative gap analysis, which was prepared in 2010 with the support of the Office with a view to assisting the Government with its preparations for the ratification of the MLC, 2006, as amended (MLC, 2006), similarly concluded that in a possible amendment to Maritime Law No. 8 of 1990, provision should be made for practically every aspect of crew accommodation contained in Title 3 of the MLC, 2006. The Committee further notes that a workshop on the MLC, 2006, was conducted by the Office in Alexandria in 2015. In its reply, the Government indicates that work is under way to bring national legislation into conformity with the provisions of Convention No. 92. The Government further indicates that the legislative committees continue their sessions so as to bring into conformity relevant national legislation with the provisions of the MLC, 2006, in preparation for its effective implementation before ratification. The Committee requests the Government to take all the necessary steps in order to bring its maritime legislation into conformity with the requirements of this Convention. The Committee also requests the Government to keep the Office informed of any developments in the process of ratification of the MLC, 2006.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Part V of the report form. Practical Application. As the Government has not provided for a number of years any concrete information concerning the application of the Convention in practice, the Committee requests the Government to provide up-to-date information including, for instance, the number of seafarers to whom the Convention applies; the number of sick, injured or deceased seafarers who have received assistance during the reporting period in accordance with the Convention, distinguishing, if possible, between persons left ashore in the territory in which the ship is registered and those left ashore elsewhere; the amounts paid by shipowners and the social security institution for sick and injured seafarers; information on settlement of individual disputes of seafarers based on the procedures set out in sections 70–72 of the Labour Law (Act No. 12 of 2003); specimen copies of any employment contracts containing provisions on material assistance in case of sickness, injury or death; and relevant extracts from activity reports of competent authorities, such as the Ministry of Manpower and Migration, the Maritime Transport Section of the Ministry of Transport and the Insurance Section of the Ministry of Finance.

Finally, the Committee recalls that the main provisions of the Convention are reflected in Regulation 4.2 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006). It considers, therefore, that compliance with Convention No. 55 will facilitate the implementation of the respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 11 of the Convention. Equality of treatment for all seafarers. The Committee recalls that since the ratification of the Convention by Egypt in 1982, it has been commenting on section 2(b) of Social Insurance Act No. 79 of 1975, which makes the equality of treatment of seafarers dependent upon reciprocity, contrary to this provision of the Convention. The Committee also recalls that the Merchant Shipping Code (Act No. 8 of 1990), sections 126–128 of which give effect to basic requirements of the Convention, does not appear to establish any similar distinction based on nationality, residence or race. Despite the Government’s numerous reassurances that the Social Insurance Act would be amended, the Committee notes with regret that the Government is still not in a position to indicate any concrete progress on this matter. The Committee again expresses the hope that the Government will not fail to take – as a matter of priority – the necessary measures to amend its legislation in order to ensure that the provisions of the Convention are applied to foreigners even in the absence of a reciprocal agreement and whatever the length of their contract of employment.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 6 to 17 of the Convention. Crew accommodation requirements. The Committee has been commenting for a number of years on the need to adopt laws or regulations implementing the specific requirements of Parts II, III and IV of the Convention. In its last report, the Government merely indicates that it is currently considering the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that consequently relevant legislation on crew accommodation will be drafted. While noting the Government’s intention to ratify the MLC, 2006, the Committee is bound to observe that at present the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6 to 17 of the Convention, such as those on minimum floor area of sleeping rooms, size of berths, lighting, ventilation, heating, mess rooms, sanitary facilities and hospital accommodation. The Committee also recalls that a legislative gap analysis, which was prepared in 2010 with the support of the Office with a view to assisting the Government with its preparations for the ratification of the MLC, 2006, similarly concluded that in a possible amendment to the Maritime Law No. 8 of 1990, provision should be made for practically every aspect of crew accommodation contained in Title 3 of the MLC, 2006. The Committee further observes that most of the provisions of Convention No. 92 have been consolidated in Regulation 3.1, Standard A3.1 and Guideline B3.1 of the MLC, 2006, and therefore ensuring compliance with Convention No. 92 will facilitate the implementation of the corresponding requirements of the MLC, 2006. The Committee hopes that the Government will take all necessary steps without further delay in order to bring its maritime legislation into conformity with the requirements of this Convention and that in doing so it will also seek to ensure compliance with the accommodation standards of Title 3 of the MLC, 2006. The Committee also requests the Government to keep the Office informed of any further progress made in the process of ratification and effective implementation of the MLC, 2006.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(1) of the Convention. Investigation of maritime occupational accidents. The Committee has been drawing for many years the Government’s attention to the fact that most of the legal texts that the Government refers to as implementing the Convention do not lay down the specific measures to be taken for the prevention of accidents that are peculiar to maritime employment, and that they are consequently not sufficient to give effect to all the provisions of this Convention. In this connection, the Committee notes that in its last report, the Government indicates that the Higher Consultative Council on Occupational Health and Safety and Security of the Work Environment is only competent to design policies on occupational health and safety at the workplace but it is not responsible for investigating occupational accidents. Recalling that under Article 2(1) of the Convention, the competent authority is required to take measures to ensure that occupational accidents are adequately reported and investigated and comprehensive statistics kept and analysed, the Committee hopes that the Government will consider appropriate action in order to give full effect to this requirement of the Convention. The Committee recalls, in this regard, that the same requirement is incorporated in Standard A4.3(1)(d) and (5)(c) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 2(3). Collection of detailed statistics. Further to its previous comment, the Committee notes the Government’s indication that detailed statistics showing the number, nature, causes and effects of on-board occupational accidents will be provided as soon as the Government receives them from the authorities concerned. Recalling that five years have elapsed since that information was requested, the Committee hopes that the Government will make every effort to collect and transmit all relevant statistical data, as prescribed by this Article of the Convention. The Committee recalls, in this regard, that the same requirement is incorporated in Standard A4.3(5)(b) and Guideline B4.3.5 of the MLC, 2006.

Article 4(3). Adoption of laws and regulations on health and safety protection and accident prevention. The Committee notes the Government’s reference to Order No. 211 of 2003 on safety limits, conditions and requirements for the prevention of physical, mechanical, biological and chemical hazards and those with negative effects and ensuring security of the work environment. The Committee observes, however, that this instrument sets out certain safety and health standards of a general nature, and accordingly does not cover most of the subjects listed in Article 4(3) of the Convention, such as structural features of the ship, special measures on and below deck, anchors, chains and lines, dangerous cargo and ballast or personal protective equipment for seafarers. The Committee again asks the Government to take the necessary steps to give effect to this provision of the Convention. The Committee recalls, in this regard, that the obligation for each ratifying member State to adopt specific laws and regulations setting standards for health and safety protection and accident prevention on board ships that fly its flag is now reflected in Regulation 4.3(3), Standard A4.3(1), (2)(a) and (3) and Guideline B4.3.1(2) of the MLC, 2006.

Article 7. Accident prevention committees. The Committee notes the Government’s indication that Order No. 985 of 2003 only refers to the High Consultative Council on Occupational Health and Safety and Security of the Work Environment but does not address the question of establishing committees on accident prevention on board vessels. The Government further explains that the Labour Code does not contain any relevant provisions as this is the responsibility of the General Maritime Safety Authority of the Ministry of Transport. Recalling that the Government has not been in a position to specify whether and how this provision of the Convention is given effect in national law and practice, the Committee once more asks the Government to indicate the legal provisions, if any, for the appointment of suitable crew members, or of suitable committees, responsible under the authority of the master for accident prevention on board Egyptian-registered vessels. The Committee recalls, in this regard, that a similar requirement for the establishment of safety committees on board all vessels with five or more seafarers is incorporated in Standard A4.3(2)(d) of the MLC, 2006.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 10(3) of the Convention. Annual report. Further to its general observation of 2004, the Committee notes the Government’s indication that the annual inspection report on food and catering is still under preparation and will be sent to the Office upon its finalization. The Committee once more requests the Government to provide the most recent annual report issued by the competent authority, as required under this Article of the Convention.

Part V of the report form. Practical application. The Government notes the monthly activity reports and inspection results of the maritime inspectorate of the Port of Alexandria in matters related to food, water, storage spaces and equipment used in food preparation that the Government has been regularly submitting in recent years. The Committee requests the Government to continue to supply up-to-date information, including, for instance, extracts from reports of the inspection services, any available information as to the number and nature of complaints which may have been made by members of ships’ crews, the penalties imposed, copies of any relevant collective agreements, information on any training courses for members of the catering department of seagoing vessels and copies of any notices issued by the competent authority to ships’ masters, agents or cooks on food and catering issues, including recommendations to avoid wastage of food or to maintain a proper standard of cleanliness.

Finally, the Committee takes this opportunity to recall that most of the provisions of Convention No. 68 have been incorporated into Regulation 3.2, Standard A3.2 and Guideline B3.2.1 of the Maritime Labour Convention, 2006 (MLC, 2006). Moreover, the MLC, 2006, introduces some new provisions regarding the obligation to take into account the differing cultural and religious backgrounds, to provide food free from charge and to carry a fully qualified cook. The Committee requests the Government to keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(a)(i) of the Convention. Safety standards. Manning of ships. The Committee again requests the Government to indicate in detail the manning requirements of officers and ratings on board Egyptian-registered merchant vessels, and to provide the text of Ministerial Orders Nos 1, 6 and 122 of 1988, as well as copies of any subsequent orders modifying the manning requirements.

Article 2(d)(i). Investigation of complaints arising in connection with the engagement of seafarers. The Committee again requests the Government to describe the procedure for the investigation of complaints arising in connection with the engagement of seafarers on Egyptian-registered ships and to specify any relevant provisions in national laws or regulations.

Article 2(f). Flag State inspections. The Committee requests the Government to specify the procedures and arrangements put in place for verifying compliance of Egyptian-flagged ships with the requirements of all applicable international labour Conventions – both those ratified and those listed in the Appendix of this Convention requiring substantial equivalence – and to describe in detail the practical functioning of those arrangements (e.g. number of inspectors, types and frequency of inspections, statistics on inspections carried out and results obtained and sample copies of inspection checklists or inspection report forms).

Article 2(g). Publication of reports on serious marine casualties. The Committee again requests the Government to provide information on specific measures taken or envisaged to ensure that the final reports of official inquiries into cases of serious marine casualties are normally made public.

Article 4(1). Port State control. The Committee notes the Government’s indication that the inspection of foreign ships visiting Egyptian ports is regulated by Presidential Decree No. 399 of 2004 establishing the Egyptian Maritime Safety Authority, and Order of 19 June 2005 of the Ministry of Transport concerning the exercise of port State control by the Maritime Safety Authority. The Committee invites the Government to continue providing detailed information on the functioning of the inspection of foreign vessels.

Finally, the Committee recalls that Convention No. 147, together with 67 other international maritime labour instruments, has been revised by the Maritime Labour Convention, 2006 (MLC, 2006). It also recalls that the notion of substantial equivalence has been incorporated and further defined in Article VI(3) and (4) of the MLC, 2006, while an innovatory and comprehensive inspection regime is established in Title 5 of the Convention. In this latter respect, the Committee wishes to highlight the adoption by an ILO tripartite experts’ meeting in September 2008 of the Guidelines for flag State inspections and the Guidelines for port State control officers, as an essential aspect of ensuring widespread harmonized implementation of the MLC, 2006. Noting that the Government has taken active steps towards the review of the national legislation which would eventually permit the early ratification and effective implementation of the MLC, 2006, the Committee requests the Government to keep the Office informed of any progress made in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(1) of the Convention. Scope of application. The Committee notes the Government’s indication that, according to the Merchant Shipping Code (MSC) No. 8 of 1990, vessels above 20 gt are covered by this Convention, whereas vessels below 20 GT are deemed to be seagoing units working within the territorial waters. The Convention, however, applies to every seagoing ship registered in the territory of a ratifying Member and ordinarily engaged in commercial maritime navigation, regardless of size. The Committee therefore requests the Government to indicate by what means it is ensured that persons working on board merchant vessels of less than 20 gt are covered by the relevant provisions giving effect to the Convention.

Article 1(2). Commercial maritime fishing. The Committee notes that the Government states that the MSC is applicable also to fishing vessels as their activities, according to the Commercial Code No. 17 of 1999, are commercial in nature. As laid down in Article 1(2), the application of this Convention to maritime fishing requires prior consultations with the representative organizations of fishing-vessel owners and fishers. The Committee therefore requests the Government to indicate whether consultations with the representative organizations of fishing vessel owners and fishers have been held on the matter.

Article 2(1). Entitlement to repatriation. The Committee notes that under section 129(1) of the MSC, seafarers are entitled to repatriation only when circumstances arising during a voyage require their disembarkation. The general wording of this provision makes it difficult to assess whether it covers all the different situations provided for in Article 2(1) of the Convention. Therefore, the Committee again requests the Government to clarify whether a seafarer is entitled to repatriation within the meaning of section 129(1) of the MSC in the following circumstances: (a) shipwreck; (b) the expiry of the engagement period; (c) an illness or injury or other medical condition requiring repatriation; (d) the expiry of a period of notice duly given; (e) the shipowner’s inability to continue to fulfil legal or contractual obligations by reason of bankruptcy, sale of ship, change of ship’s registration etc.; and (g) the termination of employment in accordance with an industrial award or collective agreement.

Article 2(2). Maximum period of service. The Committee notes that the Government states that a maximum service period of 11 months, following which a seafarer is entitled to repatriation, is implied by the fact that section 13 of the Decision of the Minister of Transport No. 393/2006 provides for 30 days of annual leave for every year of service. The Committee considers, however, that the conditions for exercising the rights to leave and repatriation are not necessarily connected, and therefore Decision No. 393/2006 cannot be considered to be conclusive as to the maximum duration of service periods following which seafarers are entitled to repatriation. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the maximum duration of the period of service (not exceeding 12 months) triggering the entitlement to repatriation is prescribed in national laws or regulations, or otherwise provided for in applicable collective agreements.

Article 4(1), (2) and (6). Shipowner’s duty to repatriate and right to recover repatriation costs from employer. The Committee notes that section 129(1) of the MSC does not distinguish between employer and shipowner, but requires the almujahhiz, the person who uses a ship for a voyage, to cover repatriation expenses. The Government explains that using the ship in this sense could also refer to renting and section 164 of the MSC requires the almujahhiz to pay seafarers other entitlements incumbent upon the employer. The Committee recalls in this connection that the Convention provides that the shipowner is responsible for arranging and paying for the repatriation of the seafarer, it being understood, however, that the term “shipowner” refers to the owner of the ship or another person who has assumed the responsibility for the operation of the ship from the owner, and who has agreed to take over the duties and responsibilities imposed on shipowners in accordance with the Convention. The Committee therefore requests the Government to confirm that the term “almujahhiz” in section 129 of the MSC has the same meaning as the term “shipowner” used in the Convention.

Article 4(1). Means of repatriation. The Committee notes that the Government states that according to maritime custom, which according to section 2 of the Civil Code constitutes a source of law, the normal mode of transport is by air. While noting the Government’s explanations, the Committee requests the Government to closely follow the implementation of this provision of the Convention and to take further measures, if necessary, to ensure that shipowners arrange for repatriation by appropriate and expeditious means, normally by air.

Article 4(3). Recovery of repatriation costs from the seafarer. The Committee notes the Government’s reference to section 181(1) of the Civil Code which provides that “whoever receives, by way of payment that is not due to him is bound to return it”. This provision is worded in such general terms that fail to give effect to the specific requirement of the Convention that the shipowner may only recover the cost of repatriation from the seafarer, if the latter is found to be in default of his/her obligations. The Committee requests the Government to take all appropriate measures to ensure that national laws, regulations or collective bargaining agreements permit a shipowner to recover repatriation costs from the seafarer only when repatriation has taken place as a result of a seafarer being found to be in serious default of his/her employment obligations.

Article 4(4)(c). Pay and allowances. The Committee notes that with regard to pay, section 1(3) of Decision No. 393/2006 includes both days of departure and of arrival at the registration port as part of the voyage. Section 3 of Decision No. 393/2006 stipulates that an allowance or a periodical annual entitlement of at least 5 per cent has to be paid irrespective of whether the seafarer is abroad or in the country. The Committee requests the Government to provide more detailed explanations on the pay entitlements during repatriation, in particular as to whether the payment for the entire time is covered between leaving the ship and reaching the repatriation destination, which could also be outside Egypt’s national territory.

Article 4(4)(d). Transportation of luggage. In the absence of a reply in the Government’s report on this point, the Committee again requests the Government to indicate by what means it is ensured that the cost to be borne by the shipowner includes transportation of 30 kg of the seafarer’s personal luggage to the repatriation destination.

Article 4(4)(e). Medical treatment. Further to its previous comment on this point, the Committee notes that the Government refers to section 50 of the Social Security Act No. 79 of 1975, which provides that the party responsible for the payment of wages has to bear the travel costs between workplace and treatment place of an injured person. According to section 126(1) of the MSC, the employer has to provide free medical care to a seafarer who is hurt or suffers from disease while on duty. However, information is not available whether the shipowner is required to cover the costs of the seafarer’s medical treatment after having left the ship and until he/she is medically fit to travel to the repatriation destination. Please clarify whether the repatriation expenses to be borne by the shipowner include such medical care.

Moreover, section 126(1) of the MSC also provides that, if the injury results from a seafarer’s disobedience, insobriety or bad conduct, an employer will be able to deduct medical care expenses from the seafarer’s wages. The Committee refers to its comments under Article 4(3) above concerning the limited right of the shipowner to recover from the seafarer the cost of repatriation (including cost of medical treatment) and again requests the Government to indicate measures taken or envisaged to ensure that the shipowner is entitled to recover repatriation costs from the seafarer only when repatriation has taken place as a result of a seafarer being found – in accordance with national laws or regulations or collective agreements – to be in serious default of his/her employment obligations.

Article 4(5). Prohibition of advance payments and deductions. The Committee notes that the Government refers to the general prohibition of arbitrary or humiliating conditions in contracts under section 149 of the Civil Code presumably as a legal provision implementing the prohibition of advance payments or deductions for repatriation. It considers, however, that this provision of the Convention requires the explicit prohibition of both, advance payments towards the cost of repatriation, and the recovery of repatriation costs from the seafarer’s wages or entitlements. The Committee accordingly requests the Government to indicate specific laws or regulations ensuring that the shipowner neither requires seafarers to make an advance payment towards the cost of repatriation at the beginning of their employment, nor recovers the cost of repatriation from the seafarers’ wages or other entitlements, except under the strict conditions provided for in Article 4(3).

Article 4(6)(a). Arrangement for repatriation by the competent authority. While noting the Government’s reference to section 94 of the Diplomatic and Consular Corps Act, No. 45 of 1982 which provides, in general terms, that consular missions are charged with helping, protecting and taking care of the interests of Egyptian citizens, the Committee again requests the Government to indicate the specific provisions, if any, giving effect to this Article of the Convention.

Article 7. Paid leave. In the absence of a reply in the Government’s report on this point, the Committee again requests the Government to indicate by what means it is ensured that time spent awaiting repatriation and repatriation travel time may not deducted from paid leave accrued to the seafarer.

Article 8. Limitation of claim. In the absence of a reply on this point, the Committee is obliged to recall once more that the Convention requires a reasonable period of time within which the seafarers have to exercise their right to repatriation to be determined by national laws, regulations or collective agreements. The Committee accordingly requests the Government to take the necessary measures to ensure that the period of time after which seafarers are time-barred from claiming or exercising their right to repatriation is defined by national laws or regulations, or collective agreements.

Article 9. Means of implementation. The Committee recalls that in its report submitted in 2007, the Government had mentioned that certain provisions of the Convention are made effective by means of collective agreement. Please supply the texts of any collective agreements giving effect to the requirements of the Convention.

Article 11 of the Convention and Part III of the report form. Supervision. In the absence of a reply in the Government’s report on this point, the Committee again requests the Government to provide information on the methods ensuring the control and supervision of the application of the relevant national legislation.

Article 12. Convention text. The Committee again asks the Government to indicate by what means it is ensured that the text of this Convention is available in an appropriate language to the crew members of every ship registered in Egypt to which this Convention applies.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the practical application of the Convention, including, for instance, the number of seafarers covered by the measures giving effect to the Convention, extracts from inspection reports showing the number and nature of infringements reported and any difficulties encountered in the application of the Convention.

Finally, the Committee takes this opportunity to recall that the main provisions of Convention No. 166 have been incorporated in Regulation 2.5 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006), and therefore ensuring compliance with Convention No. 166 would facilitate compliance with the MLC, 2006. The Committee understands that the Government – with technical support and guidance from the Office – has initiated a review of the national legislation which would facilitate the ratification of the MLC, 2006. The Committee accordingly requests the Government to keep the office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

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

The Committee notes the information provided by the Government concerning the application of Articles 5(1) and 14(1) of the Convention. The Committee also notes the Government’s intention to amend the relevant provisions of the national legislation to bring them into conformity with Articles 5(2) (records of employment), and 6(3)(1), (3) and (10)(b) (particulars to be included in the agreement), of the Convention. The Committee requests the Government to inform the Office of any progress achieved in this respect, and to provide a copy of the amendments when they have been adopted.

It would be grateful if the Government would provide additional information in its next report on the following point.

Article 10(c). Termination of the articles of agreement in the event of the loss or unseaworthiness of the vessel. In reply to the Committee’s previous comment, the Government indicates that, under the terms of section 134(2) of the Maritime Trade Act No. 8 of 1990, the employer may, in the event of shipwreck, detention or unseaworthiness of the vessel, terminate the articles of agreement without notice. However, the Committee recalls that, as the provisions of the Egyptian legislation differ from the wording of Article 10(c) of the Convention, under the terms of which an agreement shall be duly terminated in the event of loss or total unseaworthiness of the vessel, the seafarer must also in such circumstances have the capacity to terminate the agreement without notice, under the same conditions as the employer.

In this context, the Committee draws the Government’s attention to Standard A2.1 of the Maritime Labour Convention, 2006 (MLC, 2006), as, according to the information available to the Office, Egypt is preparing to ratify the Convention. Paragraph 5 of this Standard provides that the minimum notice period for the early termination of a seafarer’s employment agreement shall not be shorter than seven days, with this notice period being applicable to both shipowners and seafarers. Furthermore, under the terms of paragraph 6 of the Standard, a notice period shorter than the minimum may be given in circumstances which are recognized under national law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice. In determining those circumstances, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account.

The Committee once again requests the Government to indicate the measures envisaged or adopted to ensure that the seafarer can request the termination of the agreement in the event of loss or unseaworthiness of the vessel, under the same conditions as the shipowner or the master.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that a proposal to adopt a law on seafarers’ social security has been made. However, in view of the Government’s statement that the work of the committee that made the proposal has had to be suspended temporarily, the Committee requests the Government to report on the progress made in this area.

Article 4, paragraph 1, of the Convention. Payment of sickness benefit to family members. For many years the Committee has been asking the Government to indicate the provisions of laws and regulations that ensure that when a seafarer falls ill or is injured abroad, sickness benefit is paid to the family members designated by the seafarer for this purpose. It notes that in its last report, as well as in the legislation already sent (which does not cover this situation – sections 126 and 127 of the Merchant Navy Act of 1990), the Government refers to article 16 of Regulation No. 40 of 1998 dealing with matters that concern crew members of Merchant Navy vessels. According to the Government’s report, the latter provision, which entitles seafarers to request their employers to pay all or part of their wages to their dependants, is to be read in conjunction with the abovementioned provisions of the Merchant Navy Act and to be construed as providing that, in the event of sickness, seafarers are entitled to have all earnings owed to them to be paid either to them personally or to their dependants. The Committee notes, however, that the provisions referred to in the Government’s report apply to the contingency in which the seafarer is still entitled to his wages, whereas Article 4, paragraph 1, of the Convention applies where a seafarer is abroad and has lost his entitlement to wages, or part thereof, owing to sickness. The Convention provides that in such instances the indemnity to which he would have been entitled if he had not been abroad must be paid to his family, in full or in part, until he returns to his country. The Committee therefore expresses the firm hope that the Government will indicate in its next report the specific provisions of the national laws or regulations that allow effect to be given to this provision of the Convention.

Article 7. Right to insurance benefit following the termination of employment. In reply to the Committee’s previous comments on the lack of any provisions giving effect to this Article of the Convention, the Committee refers to the proposal, temporarily suspended, to adopt new legislation on seafarers’ social security. In these circumstances, the Committee can but hope that the Government will shortly take all necessary steps to give effect to Article 7 of the Convention, which requires that if a seafarer’s affiliation to the insurance ceases upon termination of an engagement, he should continue to enjoy full rights to the benefits provided by the insurance for a period, to be fixed by national laws or regulations, after the termination of the last engagement. This period must be so set as to cover the normal interval between successive engagements.

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

Further to its previous direct request of 2007, the Committee notes that no copies of reports on inspectors’ activities covering provinces other than Alexandria have been transmitted to the Office. Furthermore, with reference to the comments it has been making since 2004, the Committee again notes that no copy of the annual report on food and catering, produced by the competent (central) authority, has as yet been communicated to the Office. The Committee reiterates its request to the Government to transmit, as soon as possible, copies of reports on inspectors’ activities and a copy of the annual report on food and catering, covering the territory of Egypt in its entirety, in accordance with Articles 9(3) and 10(3) of the Convention.

[The Government is asked to report in detail in 2010.]

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

Article 11 of the Convention. Equality of treatment for foreign seafarers. The Committee notes with regret that, according to the Government’s report, the amendment of the Social Insurance Act (No. 79 of 1979) has not yet been completed. It recalls the comments that it has been making for many years on the need to ensure the application of the Convention to foreign seafarers, irrespective of the duration of their contracts and whether or not a reciprocity agreement has been concluded. The Committee asks the Government to refer to the observation under the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the periodical reports on inspectors’ activities, framed in accordance with Article 9, paragraph 3, of the Convention, and transmitted by the Government. It notes, however, that these activity reports only concern the Province of Alexandria. It asks the Government to transmit reports on inspectors’ activities in other provinces.

Furthermore, recalling its 2004 general observation, the Committee requests again the Government to transmit, in its next report, a copy of the annual report on food and catering, framed by the competent central authority and covering the entire territory of Egypt, as required under Article 10 of the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

Article 1, paragraph 1, of the Convention. Scope of application. According to its section 2, Act No. 158 of 1959 concerning seafarers’ contracts of employment (Act No. 158/1959) does not apply to persons working on board merchant vessels of less than 500 GRT. The Convention, however, applies to every seagoing ship registered in the territory of a ratifying Member and ordinarily engaged in commercial maritime navigation, regardless of size. The Committee therefore requests the Government to indicate by what means it is ensured that persons working on board merchant vessels of less than 500 GRT are covered by the relevant provisions giving effect to the Convention.

Article 1, paragraph 2. Commercial maritime fishing. According to section 114(2) of the Merchant Shipping Code of 1990 (MSC), the provisions concerning maritime labour contracts of the MSC, and thus section 129 governing repatriation, apply to all maritime vessels of more than 20 GT. Act No. 158/1959 applies to merchant vessels of more than 500 GRT (section 2). Since fishing vessels are not expressly excluded from the scope of application of the legislation, the Committee asks the Government to indicate whether the MSC and Act No. 158/1959 apply to commercial maritime fishing, and to indicate whether consultations with the representative organizations of fishing vessel owners and fishers have been held on the matter.

Article 2, paragraph 1. Entitlement to repatriation. According to section 14 of Act No. 158/1959, shipwreck entitles the employer to terminate the maritime labour contract. Section 15(a) of the Act provides that the employer shall, where a contract expires or is terminated, return the seafarer to the prescribed port and, thus, confers on the seafarer the right to repatriation in the cases of termination of employment set out in subparagraphs (a), (b), (d) and (g) of Article 2(1). Act No. 158/1959, however, only applies to ships of more than 500 GRT.

Furthermore, section 129(1) of the MSC, which applies to ships of all sizes, including those of less than 500 GRT, requires the employer to repatriate the seafarer when his landing is due to “circumstances arising during the course of the voyage”, unless the landing is ordered by foreign authority or results from an agreement between the employer and the seafarer.

The Committee asks the Government to clarify whether: (a) shipwreck; (b) the expiry of the engagement period; (c) an illness or injury or other medical condition requiring repatriation; (d) the expiry of a period of notice duly given; (e) the shipowner’s inability to continue to fulfil legal or contractual obligations by reason of bankruptcy, sale of ship, change of ship’s registration etc.; (f) the ship being bound for a war zone to which the seafarer does not consent to go; or (g) the termination of employment in accordance with an industrial award or collective agreement, are considered as “circumstances arising during the course of the voyage” that trigger the obligation of the employer to repatriate the seafarer under the MSC. If this is not the case, the Committee requests the Government to take the necessary measures to ensure that all seafarers, including those working on vessels of less than 500 GRT, are entitled to repatriation in each of the circumstances described in Article 2, paragraph 1.

Please also indicate by what means it is ensured that, as required in subparagraph (f), the term “war zone” is defined in national laws or regulations or collective agreements, and supply the relevant texts.

Article 2, paragraph 2. Maximum period of service. National legislation does not specify the maximum limit of the service period on board, following which seafarers are entitled to repatriation, and the Government indicates that this is to be specified in a contract or collective agreement. According to the Convention, the maximum duration of service periods on board, following which seafarers are entitled to repatriation needs, however, to be prescribed by national laws or regulations or collective agreements, and not only laid down in contracts.

The Committee therefore asks the Government to indicate the measures taken or envisaged to ensure that a maximum duration of the period of service triggering the entitlement to repatriation shall be prescribed in accordance with this provision of the Convention. Please also state the factors taken into account in determining such duration and the measures envisaged to reduce it.

Article 4, paragraphs 1, 2 and 6. Shipowner’s duty to repatriate and right to recover repatriation costs from employer. The wording of section 129(1) of the MSC, according to which the employer has the duty to repatriate the seafarer, appears to place the burden of repatriation on the employer rather than on the shipowner. Since the shipowner is not necessarily directly responsible for the employment of a particular seafarer, shipowner and employer do not always coincide. The Convention designates the shipowner as responsible for arranging and paying for the repatriation of the seafarer.

The Committee therefore requests the Government to take the necessary measures to ensure that it is the shipowner who shall arrange for and bear the cost of repatriation, without prejudice to his right, where appropriate, to recover the cost of repatriation of seafarers from their employer.

Article 4, paragraph 1. Means of repatriation. The Committee asks the Government to describe all measures adopted to ensure that shipowners arrange for repatriation by appropriate and expeditious means, the normal mode of transport being by air.

Article 4, paragraph 3. Recovery of repatriation costs from the seafarer. National legislation does not appear to specify the shipowner’s right to recover the cost of repatriation from the seafarer, if the latter is found to be in default of his obligations. The Government indicates that this is to be laid down in a contract or collective agreement.

According to the Convention, the right of recovery from the seafarer of repatriation costs or part thereof needs to be prescribed by national laws or regulations or collective agreements, and not only laid down in contracts. Moreover, this right of recovery is limited to instances where repatriation has taken place as a result of a seafarer being found, in accordance with national laws or regulations or collective agreements, to be in serious default of his employment obligations.

The Committee asks the Government to take measures to ensure: (i) that the shipowner’s right of recovery of repatriation costs or part thereof from the seafarer is prescribed by national laws or regulations or collective agreements; and (ii) that the shipowner is entitled to recover repatriation costs from the seafarer only where repatriation has taken place as a result of a seafarer being found, in accordance with national laws or regulations or collective agreements, to be in serious default of his employment obligations.

Article 4, paragraph 4(c). Pay and allowances. Please indicate whether, and which, national laws or regulations provide that the cost to be borne by the shipowner shall include pay and allowances from the moment the seafarer leaves the ship until he reaches the repatriation destination.

Article 4, paragraph 4(d). Transportation of luggage. The Committee asks the Government to indicate by what means it is ensured that the cost to be borne by the shipowner includes transportation of 30 kg of the seafarer’s personal luggage to the repatriation destination.

Article 4, paragraph 4(e). Medical treatment. According to section 126(1) of the MSC, the employer shall provide free medical care to a seafarer who is hurt or suffers from disease while on duty. This legislation does not, however, mention medical treatment in cases of repatriation, as required by this provision of the Convention. Please clarify whether the repatriation expenses to be borne by the shipowner include medical care.

Furthermore, section 126(1) provides that, if the injury results from a seafarer’s disobedience, insobriety or bad conduct, an employer will be able to deduct medical care expenses from the seafarer’s wages. The Committee refers to its comments under Article 4, paragraph 3, concerning the limited right of the shipowner to recover from the seafarer the cost of repatriation (including cost of medical treatment) and asks the Government to take measures to ensure that the shipowner is entitled to recover repatriation costs from the seafarer only where repatriation has taken place as a result of a seafarer being found, in accordance with national laws or regulations or collective agreements, to be in serious default of his employment obligations.

Article 4, paragraph 5. Prohibition of advance payments and deductions. The Committee asks the Government to indicate by what means it is ensured that the shipowner shall neither require the seafarer to make an advance payment towards the cost of repatriation at the beginning of his employment, nor recover the cost of repatriation from the seafarer’s wages or other entitlements, except as provided for in Article 4, paragraph 3.

Article 5, subparagraph (a). Arrangement for repatriation by the competent authority. According to the Government’s report, if the shipowner fails to repatriate the seafarer, the competent authority shall do so through diplomatic channels.

The Committee requests the Government to describe in more detail the measures adopted to ensure that, if a shipowner of a ship registered in Egypt fails to make arrangements for, or to meet the cost of repatriation of a seafarer who is entitled to be repatriated, the competent Egyptian authority shall arrange for and meet the cost of the repatriation of the seafarer concerned.

Article 6. Passport and other identity documents. Please indicate how it is ensured that seafarers who are to be repatriated are able to obtain their passport and other identity documents for the purpose of repatriation.

Article 7. Paid leave. The Committee asks the Government to indicate by what means it is ensured that time spent awaiting repatriation and repatriation travel time shall not be deducted from paid leave accrued to the seafarer.

Article 8. Limitation of claim. The Government indicates that the period during which the seafarer can demand repatriation is not to be specified in national legislation, but rather in the contract. According to this Article of the Convention, however, the period of time within which the seafarer has to claim his entitlement to repatriation needs to be determined by national laws or regulations or collective agreements, and not by contract.

The Committee requests the Government to take the necessary measures to ensure that the period of time after which the seafarer can no longer claim his entitlement to repatriation is defined by national laws or regulations or collective agreements.

Article 9. Means of implementation. According to the Government’s report, certain provisions of the Convention are made effective by means of collective agreement. Please supply the texts of collective agreements giving effect to the requirements of the Convention.

Article 11 and Part III of the report form. Supervision. The Committee requests the Government to state by what methods the competent authority or authorities supervise the application of the relevant national legislation.

Article 12. Convention text. The Committee asks the Government to indicate by what means it is ensured that the text of this Convention is available in an appropriate language to the crew members of every ship registered in Egypt to which this Convention applies.

Part V of the report form. Please supply information on the practical application of the Convention, in particular on the number of seafarers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information in the Government’s report. The Committee also notes that three years after it had formulated its previous direct request, replies from the Maritime Transport Sector (competent authority) are still outstanding. It hopes that the Maritime Transport Sector will provide them soon.

Article 5, paragraph 1, of the Convention. The Committee has not received a reply to the request concerning this provision. It requests the Government again to indicate whether national legislation contains any provisions relating to the particulars to be recorded in a seafarer’s employment record.

Article 5, paragraph 2.  Since a reply to the Committee’s previous request has not been received, the Committee once again recalls that under this provision, the document given to the seafarer containing a record of his employment on board the vessel shall not contain any statement as to the quality of the seafarer’s work or as to his wages. It notes that the national seafarer’s passport contains an entry for "conduct" under the general heading "report of character". The Committee asks the Government to take all necessary measures in order to bring national legislation into conformity with the Convention, and to keep it informed on any progress made.

Article 6, paragraph 3(1). The Committee notes that the word "mawten" (موطن) in the Arabic text of section 116, paragraph 2, of the Maritime Trade Act No. 8 of 1990 has several meanings (e.g. country of origin, birthplace or domicile). It requests the Government to indicate how it is ensured that the place of birth is entered into the articles of agreement and not, for example, the domicile. The Committee hopes to receive the reply to its previous request with the Government’s next report.

Article 6, paragraph 3(3). The Committee recalls that the name of the vessel or vessels on board which the seafarer undertakes to serve must be entered into the articles of agreement. By entering the name(s) only into the seafarer’s passport, but not into his articles of agreement, the Convention is not applied adequately. The Committee asks the Government to take the necessary measures in order to give effect to this provision of the Convention and to keep it informed on any progress made.

Article 6, paragraph 3(10)(b). Section 116(2) of the Maritime Trade Act No. 8 of 1990, regulates that if the contract is made for one voyage, the contract shall mention the date of the voyage and the ports of departure and destination. The Committee requests the Government to indicate how it is ensured that the time, which has to expire after arrival at the destination before the seafarer shall be discharged, is entered in the articles of agreement.

Article 10(c). Section 134, paragraph 2, of the Maritime Trade Act No. 8 of 1990 implies that only the employer may terminate the contract in case of shipwreck, but not the seafarer. The Committee recalls that Article 10, paragraph (c), and Article 15 of the Convention require a contract to be terminated by law in case of loss or total unseaworthiness of the vessel. Termination of the contract shall not only depend on the will of the employer. The Committee requests the Government to take the necessary steps to adjust the national legislation.

Article 13. Seafarer’s right to claim his discharge. The Committee notes the information supplied.

Article 14, paragraph 1. The Government states that in case of termination of the maritime contract, an entry shall be made in the maritime passport at the request of the seafarer. The Convention, however, requires an entry to be made, whether or not the seafarer has requested it. It further requires that whatever the reason for the termination or rescission of the agreement, an entry shall be made both in the document issued to the seafarer in accordance with Article 5 and in the list of crew showing that he has been discharged, and such entry shall, at the request of either party, be endorsed by the competent public authority. The Committee requests the Government to take the necessary measures to ensure that this provision of the Convention is applied in law and practice.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that in reply to its previous comments the Government indicates, in its report, that a proposal to adopt a law on seafarers’ social security has recently been made. However, in view of the Government’s statement that the work of the committee that made the proposal has had to be suspended temporarily, the Committee requests the Government to report on the progress made in this area.

Article 4, paragraph 1, of the Convention. For many years the Committee has been asking the Government to indicate the provisions of laws and regulations that ensure that when a seafarer falls ill or is injured abroad, sickness benefit is paid to the family members designated by the seafarer for this purpose. It notes that in its last report, as well as in the legislation already sent (which does not cover this situation - sections 126 and 127 of the Merchant Navy Act of 1990), the Government refers to article 16 of Regulation No. 40 of 1998 dealing with matters that concern crew members of Merchant Navy vessels. According to the Government’s report, the latter provision, which entitles seafarers to request their employers to pay all or part of their wages to their dependants, is to be read in conjunction with the abovementioned provisions of the Merchant Navy Act and to be construed as providing that, in the event of sickness, seafarers are entitled to have all earnings owed to them to be paid either to them personally or to their dependants. The Committee notes, however, that the provisions referred to in the Government’s report apply to the contingency in which the seafarer is still entitled to his wages, whereas Article 4, paragraph 1, of the Convention applies where a seafarer is abroad and has lost his entitlement to wages, or part thereof, owing to sickness. The Convention provides that in such instances the indemnity to which he would have been entitled if he had not been abroad must be paid to his family, in full or in part, until he returns to his country. The Committee therefore expresses the firm hope that the Government will indicate in its next report the specific provisions of the national laws or regulations that allow effect to be given to this provision of the Convention.

Article 7. In reply to the Committee’s previous comments on the lack of any provisions giving effect to this Article of the Convention, the Committee refers to the proposal, temporarily suspended, to adopt new legislation on seafarers’ social security. In these circumstances, the Committee can but hope that the Government will shortly take all necessary steps to give effect to Article 7 of the Convention, which requires that if a seafarer’s affiliation to the insurance ceases upon termination of an engagement, he should continue to enjoy full rights to the benefits provided by the insurance for a period, to be fixed by national laws or regulations, after the termination of the last engagement. This period must be so set as to cover the normal interval between successive engagements.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report. It notes the adoption of the Labour Code, No. 12 of 2003.

Articles 2 and 3 of the Convention. Detailed statistics on accidents, and investigations to ascertain their causes and circumstances. The Committee takes note of the statistics of occupational accidents appended to the Government’s report. It notes, however, that they do not show neither the nature, causes or consequences of the accident nor do they specify the part of the vessel (for example, deck, engine or catering) nor the place at sea or in port where the accident occurred. Recalling Article 2, paragraph 3, of the Convention, it requests the Government to provide with its next report statistics covering the information required under this provision of the Convention. With regard to investigations into causes and circumstances of occupational accidents, the Committee notes that under section 229 of the Labour Code, 2003, the National Centre for Industrial Studies on Hygiene is responsible for establishing investigation schedules. To this end, section 230 of the Labour Code provides for the creation of a Higher Consultative Council on occupational, health and safety matters. The Committee notes that this Council was established by Ministerial Decree No. 985 of 2003. It requests the Government to indicate whether the Council is already operational and, if so, to provide information on the investigations undertaken and their results.

Article 4, paragraph 3. The Committee notes that according to the Government the provisions of Chapter VI of the Labour Code, 2003, which deal with the organization of the committees responsible for occupational safety and health matters, give effect to this provision of the Convention. The Committee points out in this connection that Article 4 of the Convention requires the adoption of substantive provisions applicable to seafarers on the prevention of occupational accidents covering the subjects listed in paragraph 3. The Committee accordingly asks the Government to take the necessary steps to give effect to this provision of the Convention. It invites the Government to consult the Code of Practice on Accident Prevention On-board Ship at Sea and in Port to find out the type of measure that should be required in laws or regulations, codes of good practice and any other relevant instruments.

Article 7. Committee for accident prevention. The Committee notes that according to the Government, under Ministerial Decree No. 985 of 2003, committees for accident prevention have been formed and are in operation on Egyptian vessels pursuant to the relevant provisions of the Labour Code. It requests the Government to indicate in its next report whether, as this Article of the Convention requires, the committees are chosen from amongst the crew of the ship and are responsible, under the Master, for accident prevention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information in the Government’s response to its previous direct request with regard to Article 2, subparagraphs (b)(ii), (c), (d)(ii) and (e). It requests the Government to provide further information on the following points:

Article 2, subparagraph (a)(i) of the Convention. Standards of manning. The Government states in its report in a general manner that laws and ministerial orders specify minimum standards for the crew working on board a vessel and each vessel shall be issued with a certificate for minimum standards for the crew’s safety in order to be ready for inspection at foreign ports. The Committee requests the Government again to indicate in detail the manning requirements for officers and ratings on board Egyptian merchant vessels and to provide the text of Ministerial Orders Nos. 1, 6 and 122 of 1988 as well as copies of any subsequent orders modifying the manning requirements.

Article 2, subparagraph (d)(i). Procedure for investigation of complaints arising in connection with the engagement of seafarers on ships registered in the territory of Egypt. The reply made by the Government to the previous direct request does not refer to a procedure for the investigation of complaints arising in connection with the engagement of seafarers on ships registered in the territory of Egypt. The Committee again requests the Government to describe the procedure for the investigation of such complaints and to indicate the specific provisions of national laws or regulations prescribing such procedure.

Article 2, subparagraph (f). Inspections of ships registered in Egypt. Taking note of the information provided by the Government on the inspection of foreign ships in accordance with the Memorandum of Understanding on port state control in the Mediterranean, the Committee would appreciate receiving information on inspections of ships registered in Egypt (for example: size of inspection staff, number and results of inspections and investigations of complaints, penalties imposed).

Article 2, subparagraph (g). Publication of reports on serious marine casualties. The Government’s reply to the Committee’s previous direct request does not refer to the publication of reports on serious marine casualties. The Committee again requests the Government to provide information on any specific measures taken or envisaged to ensure that the final reports of official inquiries into cases of serious marine casualties are normally made public.

Article 3. Awareness raising. The Government states that the Maritime Inspection Office and the Manpower Offices shall disseminate awareness among seafarers on international maritime Conventions applicable to Egypt. The Committee asks the Government to describe the concrete measures taken to implement this Article of the Convention.

Article 4, paragraph 1. Legislation governing port state control inspections. The Committee notes that there is no national legislation empowering the competent authority to inspect foreign ships calling in the ports of Egypt. It requests the Government to indicate any other texts laying down the powers of the competent authority to inspect foreign ships calling into the ports of Egypt. Furthermore, the Government states that 15 per cent of foreign ships are inspected on an annual basis in accordance with the Memorandum on port state control. The Committee requests the Government to provide more detailed information on the number of inspections carried out (in numbers) and the nature of any action taken as a result of these inspections.

Article 4, paragraph 2. Notification procedure. The Committee notes that no foreign ship was detained at Egyptian ports and that consequently, no cases have been examined. It requests the Government to inform it of any cases of detention which may occur in the future, and to describe the procedure applied for notification of the maritime, consular or diplomatic representative of the flag State of a ship which does not conform to the standards of this Convention.

Noting the enactment of Order No. 213 of 2003, the Committee requests the Government to provide further information on the working conditions of seafarers employed in the informal sector and on further measures the Government takes in this regard.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

For many years, the Committee has pointed out that section 2(b) of the Social Insurance Act (No. 79, 1975) - one of the pieces of legislation ensuring the implementation of the Convention - subjects equal treatment for foreign workers to two requirements, namely the holding of a contract of at least one year and the conclusion of a reciprocity agreement, which is contrary to the provisions of Article 11 of the Convention. The Government indicated in its previous report of 2001 that the Ministry of Social Insurance was in the process of revising the Social Insurance Act and that it would take due account of the Committee’s comments on the abovementioned section of the Act in the course of such revision. The Committee notes from the Government’s last report, sent in 2004, that the said amendment is still in progress and that the Act as amended to give effect to the Convention has not yet been promulgated. The Committee trusts that the amendment envisaged will take effect very shortly and will ensure, in law and in practice, that the provisions of the Convention are applied to foreign seafarers whatever be the length of their contract and whether or not a reciprocity agreement has been concluded. The Committee requests the Government to provide a copy of the text of the amended law as soon as it is adopted.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the general provision, contained in section 25 of Order No. 211 of 2003, that accommodation on board vessels shall be in conformity with the conditions approved by national and international legislation. Once again the Committee urges the Government to take - where this has not already been done - the necessary action to adopt laws or regulations giving full effect to each specific requirement prescribed by Parts II, III and IV of the Convention and to provide information on any progress made in this regard.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Articles 6 to 13, and 15 of the Convention. In its previous observation the Committee asked the Government to provide information on the legislation giving effect to these provisions of the Convention. It notes that in its latest report the Government refers to Law No. 158 of 1959 on maritime labour contracts, Law No. 8 of 1990 on maritime trade, Law No. 232 of 1989 on ship safety, and Order No. 143 of the Minister of Transport on ship safety of 1990, as the legislation applying the provisions of the Convention. The Government has also reiterated that Egyptian shipyards took due account of the requirements adopted by international bodies responsible for maritime supervision with respect to accommodation of crews as regards space, height, type of flooring, ventilation, keeping away from sources of heating etc.

The Committee notes that while acts referred to by the Government prescribe general requirements with respect to ships’ safety, they do not specifically deal with the subject matter of the above provisions of the Convention. It recalls that under Article 3, paragraph 1, of the Convention, each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure the application of the provisions of Parts II, III and IV of this Convention. The Committee urges the Government to take the necessary action to adopt laws or regulations giving effect to each specific requirement prescribed by Articles 6 to 13 and 15 of the Convention and to provide information on any progress made in this regard.

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

Article 4, paragraph 1, of the Convention. In its previous reports, the Government indicated that, where a seafarer falls sick or is injured abroad, sickness benefit is paid to the family members designated by the seafarer for this purpose. The Committee requested the Government to provide copies of the relevant laws and regulations. It notes with regret that the Government indicates once again extracts of the legislation (provisions of the Act respecting the merchant navy of 1990) which do not cover this situation. The Committee trusts that in its next report the Government will specify the provisions under which, in accordance with this provision of the Convention, when the insured person is abroad and by reason of sickness has lost his right to wages, even in part, the cash benefit to which he would have been entitled had he not been abroad shall be paid in full or in part to his family until his return to the territory of the Member. Please provide copies of these provisions.

Article 7. For many years the Committee has been drawing the Government’s attention to the fact that the national legislation does not appear to contain provisions giving effect to this Article of the Convention. It recalls that Article 7 requires that if a seafarer’s affiliation to the insurance ceases upon termination of an engagement, he should continue to enjoy full rights to the benefits provided for by the insurance for a period fixed by national laws and regulations after the termination of the last engagement. This period must be set so as to cover the normal interval between successive engagements. In its last report, the Government states that it has contacted the competent authority in this field and that it will forward the reply of the competent authority as soon as it is received. The Committee notes this information. It requests the Government to indicate whether, and under which provisions, the insurance ceases at the end of the engagement or whether, despite the ending of the engagement, entitlement to the benefit guaranteed by the insurance continues for a certain period. If the insurance ceases after the termination of the engagement, please indicate whether and under which provisions the right to insurance benefit is accorded for a specific period by national laws and regulations after the termination of the last engagement, in accordance with Article 7 of the Convention.

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

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 4, paragraphs 1 and 2, of the Convention. Please indicate how effect is given to these provisions of the Convention.

Article 5, paragraph 1. Please indicate whether national legislation has any provisions relating to the particulars to be recorded and the manner in which such particulars are to be entered in a seafarer’s employment record.

Article 5, paragraph 2. The Committee recalls that under this provision of the Convention, the document given to the seaman containing a record of his employment on board the vessel shall not contain any statement as to the quality of the seaman’s work or as to his wages. It notes that the seafarer’s passport contains an entry for "conduct" under the general heading "report of character". The Committee asks the Government to take all necessary measures in order to bring national legislation into conformity with the Convention, and to keep it informed on any progress made in this respect.

Article 6, paragraph 3(1). Please indicate whether the maritime labour contract shall indicate the birthplace of the seaman.

Article 6, paragraphs 3(3) and 3(10)(b). The Committee recalls that under these provisions of the Convention, the name of the vessel or vessels on board which the seaman undertakes to serve and, if the agreement has been made for a single voyage, the port of destination and the time which has to expire after arrival before the seaman can be discharged shall be contained in the agreement. It notes the Government’s indication that in Egypt these particulars are included not in the maritime labour contract, but in the seafarer’s passport. The Committee asks the Government to take all necessary measures in order to give effect to these provisions of the Convention and to keep it informed on any progress made in this respect.

Article 10, paragraph (a). Please indicate provisions of the national legislation providing for the possibility to terminate the maritime labour contract by mutual consent of the parties.

Article 10, paragraph (c). Please indicate whether in cases listed in section 14 of the Act on Maritime Labour Contracts the seafarer also has the right to terminate a contract.

Article 12. Please indicate specific provisions of the national legislation defining the circumstances in which the seafarer may demand his immediate discharge.

Article 13, paragraphs 1 and 2. Please indicate specific provisions of the national legislation which establish the right of the seafarer to claim his discharge in the circumstances  described in Article 13 of the Convention.

Article 14, paragraph 1. The Committee asks the Government to clarify whether in case of termination of the maritime labour contract an entry shall be made in the list of the crew showing that the seafarer has been discharged, whether such entry and the similar entry in the seafarer’s passport shall, at the request of either party, be endorsed by the competent public authority, and which are the respective provisions of the national laws or regulations establishing such requirements.

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

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 1, paragraph 1, of the Convention. Please clarify whether Order No. 166 of 1961 is still effective or whether it was replaced by Order No. 36 of 1994.

Article 1, paragraph 2. Please indicate specific provisions of national laws or regulations which establish the definition of a "seagoing vessel".

Article 2, paragraph (a). Please indicate: (i) which legislation governs the construction, location, ventilation, heating, lighting, water system and equipment of galleys and other catering department spaces on board ship, including store rooms and refrigerated chambers; and (ii) which authority is responsible for its enforcement.

Article 2, paragraph (d). The Committee asks the Government to indicate: (i) how the functions described in subparagraph (d) are discharged; and (ii) whether they are carried out by the competent authority or in virtue of collective agreements, and, in the latter case, to indicate relevant provisions of the collective agreements.

Article 3, paragraphs 1 and 2. Please indicate specific arrangements made to ensure cooperation of the competent authority with shipowners’ and seafarers’ organizations and the national or local authorities concerned; and specific measures taken to ensure coordination between the activities of various authorities.

Article 5, paragraph 2(b). Please indicate specific provisions of national laws or regulations requiring the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to the crew.

Article 9, paragraph 1. Please indicate whether inspectors have authority to make recommendations to the owner of a ship, or to the master or other person responsible, with a view to the improvement of the standard of catering.

Article 9, paragraph 2(b). The Committee asks the Government to indicate provisions of national laws or regulations prescribing penalties for any attempt to obstruct an inspector in the discharge of his duties.

Article 9, paragraph 3. Please indicate measures envisaged to ensure that the inspection service responsible for the supervision of the application of the Convention shall submit regularly to the competent authority reports framed on uniform lines.

Article 10, paragraphs 1 and 2. Please clarify which authority prepares an annual report as required under this provision of the Convention; and indicate the timing of issuance of the annual report.

Article 11, paragraphs 1 and 2. The Committee asks the Government to provide information on the practical application of these provisions of the Convention.

Article 12, paragraphs 1-3. Please provide particulars on the specific measures taken by the competent authority to discharge the functions described in this Article.

Article 13. Please indicate to which authorities the certification of the catering department staff, and the collection and distribution of information has been entrusted.

The Committee also asks the Government to supply copies of the following documents:

-  Presidential Order No. 332 concerning the Department of Ports and Lighthouses;

-  the annual report prepared pursuant to Article 10; and

-  any manuals, brochures, etc., made available to the persons referred to in Article 12.

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

The Committee notes the Government’s latest report. It requests the Government to provide further information on the following points.

Article 2, paragraph (a), of the Convention. Standards of manning. Please indicate the specific manning requirements for officers and ratings on board Egyptian merchant vessels. Safety standards other than standards of competence, hours of work and manning. Please indicate the minimum age for admission to employment or work on the seagoing ships flying the flag of Egypt and specific provisions of national laws or regulations prescribing such age.

Article 2, paragraph (b)(ii). Please describe measures taken to ensure effective control in respect of the observance of laws and regulations dealing with social security matters and, in particular, how the inspection over their observance is organized.

Article 2, paragraph (c). The Committee asks the Government to provide information whether any collective agreements in the maritime sector have been concluded and, if so, which measures for the effective control of other shipboard conditions of employment and living arrangements, where the Government has no effective jurisdiction, have been agreed between shipowners or their organizations and seafarers’ organizations.

Article 2, paragraph (d)(i). Please clarify whether Egyptian citizens can be engaged on board vessels registered in Egypt directly without the intermediary of the maritime employment agencies and, if so, which are the respective provisions of national laws or regulations establishing such right; and describe the existing procedure for the investigation of complaints arising in connection with the engagement of seafarers on ships registered in the territory of Egypt and indicate the specific provisions of national laws or regulations prescribing such procedure.

Article 2, paragraph (d)(ii). Please indicate whether there have been any complaints made in connection with the engagement of Egyptian seafarers on ships registered in a foreign country and, if so, transmit copies of such complaints to the Director-General of the ILO as required under this provision of the Convention.

Article 2, paragraph (e). Please indicate specific measures that have been undertaken or envisaged in order to give due regard to the Vocational Training (Seafarers) Recommendation, 1970 (No. 137).

Article 2, paragraph (f). Please provide details of the functioning in the latest reporting period of the inspection or other arrangements which exist to verify compliance with the various standards mentioned in Article 2(f) of the Convention (the size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed).

Article 2, paragraph (g). Please provide information on any specific measures taken or envisaged to ensure that the final reports of official inquiries into cases of serious marine casualties are normally made public.

Article 3. Please describe measures taken to give effect to this Article.

Article 4, paragraph 1. Please indicate specific provisions of the national legislation laying down the powers of the competent authority to inspect foreign ships calling into the ports of Egypt from the point of view of their conformity with the standards of Convention No. 147 and provide information on the functioning of these measures (such as the number and nature of cases considered and the nature of any action taken).

Article 4, paragraph 2. Please describe the procedure for notification of the maritime, consular or diplomatic representative of the flag State of a ship which does not conform to the standards of this Convention.

The Committee also asks the Government to provide the text of Ministerial Orders Nos. 1, 6 and 22 of 1988, referred to in the report as well as copies of any subsequent orders modifying the manning requirements.

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

For many years the Committee has pointed out that section 2(b) of the Social Insurance Act (No. 79, 1975) - one of the pieces of legislation ensuring implementation of the Convention - subjects equal treatment for foreign workers to two requirements, namely the holding of a contract of at least one year and the conclusion of a reciprocity agreement, which is contrary to the provisions of Article 11 of the Convention. In its last report, the Government states that the Ministry of Social Insurance, which is currently revising the Social Insurance Act, will take due account of the Committee’s comments on the abovementioned section of the Act. The Committee takes due note of this information. It trusts that the amendments envisaged will take effect very shortly and will ensure, in law and in practice, that the provisions of the Convention are applied to foreign seafarers whatever the length of their contract and whether or not a reciprocity agreement has been concluded. The Committee would be grateful if the Government would provide a text of the amended law as soon as the amendments are effected.

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

Articles 6 to 13 and 15 of the Convention. For a number of years the Committee has been asking the Government to provide information on the legislation which gives effect to these provisions. The Committee notes with regret that the Government’s latest report again provides no information in this regard. Recalling also the Government’s earlier indications concerning the work of the tripartite committee responsible for reviewing the legislation, the Committee requests the Government in its next report to provide information on any specific measures taken or envisaged to adopt the respective legislation.

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

With reference to the comments that it has been making for a number of years, the Committee notes that the Government simply refers to the information provided in its previous reports. In this situation, the Committee cannot but once again ask the Government to take the necessary measures in the near future to give effect to the Convention on the following points.

Article 4, paragraph 1, of the Convention.  In reply to previous comments, the Government states in its report that when a seaman is sick or injured abroad, sickness benefit is paid to his family members, as designated by the seafarer for this purpose. The Committee notes this information and requests a copy of the relevant law or regulations.

Article 7.  The Government explains in its report that every seafarer has the right to health-care benefit during his transfer from one vessel to another and after the termination of his service, so long as he receives his pension. The Committee notes this information. The Committee recalls that Article 7 requires that if a seafarer’s affiliation to the insurance ceases upon termination of an engagement, he should continue to enjoy, as of right, the benefits provided for by the insurance for a period fixed by national laws and regulations in such a way as to cover the normal interval between successive engagements. The Committee again requests information on what provisions have been taken or are envisaged to give full effect to the Convention on this point.

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

With reference to the comments that it has been making for a number of years, the Committee notes that the Government simply refers to the information provided in its previous reports. In this situation, the Committee cannot but once again ask the Government to take the necessary measures in the near future to give effect to the Convention on the following points.

Article 11 of the Convention.  In its previous comments, the Committee drew the Government’s attention to the fact that section 2(b), in fine, of the Social Insurance Act No. 79, 1975, restricts application of its provisions to foreigners holding a contract of at least one year and is subject to a reciprocal agreement having been concluded, contrary to this provision of the Convention. In its last report, the Government indicated that the abovementioned section 2(b) states that its application is subject to the provisions of international Conventions ratified by Egypt. The Committee takes due note of this information. The Committee would be grateful if the Government would provide in its next report detailed information on the measures taken to ensure, both in law and in practice, that the provisions of the Convention are applied to foreigners even in the absence of a reciprocal agreement and whatever the length of their contract, particularly in the context of the Egyptian Social Insurance Institute. Please send the text of any implementing regulations (administrative memoranda, circulars, etc.) issued to this effect.

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

1. Further to its previous comments, the Committee takes note of the information supplied by the Government in its report according to which Ministerial Order No. 38, adopted 20 May 1997, provides for the establishment of a tripartite committee in charge of preparing both a draft Order and a draft law to regulate the affairs of ships' crews and reviewing the previous Orders promulgated on this subject, taking into consideration international labour standards. The Committee requests the Government to provide information on any progress made in this regard and to provide a copy of any texts adopted.

2. The Committee takes note with interest of Ministerial Order No. 36 of 8 October 1994 relating to minimum food supply and inspection of food and water supplies, storage, handling and preparing food.

3. Articles 5, 6, 7, 8 and 10 of the Convention. The Committee notes that inspections by the Maritime Inspectorate should be conducted on a written complaint, that daily inspections should be carried out on board by the master or his deputy and results be recorded and, at the end of each voyage, submitted to the Maritime Inspectorate which can also act on the basis of a written complaint. The Committee requests the Government to provide particulars on the inspections carried out on board as well as on complaints, including on the number and nature of complaints. It hopes that the Government will soon send to the Office the most recent report issued by the competent authority.

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

The Committee notes the information supplied by the Government in reply to its previous comments contained in its reports of 1994 and 1996, in particular with regard to the application of Article 1, paragraph 1, Article 4, paragraph 1, and Article 10 of the Convention. The Committee requests the Government to supply additional information on the following points.

Articles 2 and 3. Further to its previous comments, the Committee notes the statistical information on occupational accidents for the period 1992-93, showing type of job, nature of accident, date and place of accident and measures taken. Please supply copies of relevant reports of accident investigations and of reports on research undertaken into general trends and particular hazards of maritime employment as are brought out by statistics.

Article 4, paragraph 3. The Committee notes the information provided in answer to its previous comments. While some of the provisions of national legislation referred to would contribute to safety on board ships, their primary purpose is the safety of the ship. Other provisions cited are essentially safety and health standards of a general nature. The requirements of Article 4, paragraph 3, are more specific and relate to the safe working and living conditions on board ships with respect to: (b) structural features of the ship; (g) anchors, chains and lines; and (h) dangerous cargo and ballast. Please refer to the 1994 ILO Code of practice on accident prevention on board ship at sea and in port for the kind of matters that have to be provided for in laws or regulations, codes of practice or other appropriate means. Please provide a copy of Order No. 134 of 1990 (implementing the provisions of Law No. 232 of 1989) and Order No. 75 of 1993 (implementing Law No. 137 of 1981), both referred to in the Government's report of 1994.

Article 7. The Committee notes the information provided in reply to its previous comments. It notes that the provisions cited mostly concern medical services on board vessels. It would like to draw the Government's attention to the requirement of this Article of the Convention which is for provision to be made for the appointment, from among the crew of the ship, of a suitable person or suitable persons or of a suitable committee responsible, under the master, for accident prevention. The Government refers to the Labour Code, Act No. 137 of 1981, as being applicable to vessels. The Committee notes that section 128 of the Code in fact requires the establishment of an occupational safety and health committee in each establishment and in each of its departments for accident prevention and study working conditions of the causes of employment accidents and occupational diseases. The Committee would be grateful if the Government would confirm that by the application of this provision of the Labour Code, such accident prevention committees are established and functioning on Egyptian vessels.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 4, paragraph 1, of the Convention. In reply to previous comments, the Government states in its report that when a seaman is sick or injured abroad, sickness benefit is paid to his family members, as designated by the seafarer for this purpose. The Committee notes this information and requests a copy of the relevant law or regulations.

Article 7. The Government explains in its report that every seafarer has the right to health-care benefit during his transfer from one vessel to another and after the termination of his service, so long as he receives his pension. The Committee notes this information. The Committee recalls that Article 7 requires that if a seafarer's affiliation to the insurance ceases upon termination of an engagement, he should continue to enjoy, as of right, the benefits provided for by the insurance for a period fixed by national laws and regulations in such a way as to cover the normal interval between successive engagements. The Committee again requests information on what provisions have been taken or are envisaged to give full effect to the Convention on this point.

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

The Committee notes the information supplied by the Government in its reports in answer to its comments.

Article 3, paragraph 4, of the Convention. The Committee notes from the Government's report that the cooperation of the Trade Union of Seafarers of the Merchant Navy and the Maritime Inspection Service consists of providing seafarers with information on working conditions. In addition, the seafarer deposits a copy of the articles of agreement at the Maritime Inspection Service which examines its clauses and ascertains that the seafarer has understood them. As a rule, the seafarer signs the agreement only after reading and understanding them. No problems have ever arisen because of failure to understand the clauses of the agreement. The Committee notes this statement.

Article 5. The Committee had previously noted that the specimen of the seafarer's passport sent by the Government contained an entry for "ability". It notes in this connection the Government's statement that this term refers to the seafarer's suitability and not the quality of his work.

The Committee observes that the document in question contains an entry for "conduct" under the general heading "report of character". Indications of this nature are likely to hamper the seafarer's prospects of finding a new job and are therefore inconsistent with the Convention. The Committee notes the Government's statement in its report that the Maritime Inspection Service also requires the ship's master to indicate in the seafarer's passport that he has fully discharged his obligations under the agreement. Such an entry appears to imply an assessment which could be contrary to the Convention.

The Committee takes due note of the Government's statement that the committee responsible for examining international maritime labour Conventions, constituted by Decision No. 28 of 1993 of the Ministry of Shipping, recommends that the Maritime Inspection Service should check the headings in English in the seafarer's passport. The Committee trusts that the above committee will re-examine the headings in the passport and delete any which imply an assessment, in order to ensure full conformity with the provisions of the Convention.

Article 6, paragraph 3(11). The Committee duly notes that section 43 of the Labour Code applies to seafarers' annual leave with pay.

Article 14. The Committee notes the Government's statement that under section 114(1) of Act No. 8 of 1990 concerning the Shipping Code, section 74 of Labour Code No. 137 of 1981 governs the issuing to the seafarer of a work certificate and a certificate concerning his professional experience and ability.

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

With reference to the comments that it has been making for a number of years, the Committee notes that the Government simply refers to the information provided in its previous reports. In this situation the Committee cannot but once again ask the Government to take the necessary measures in the near future to give effect to the Convention by:

(a) providing, in accordance with Article 4, paragraph 1, of the Convention, when the seafarer is abroad and has lost his right, even partially, to wages by reason of sickness, for the payment of the benefit, in whole or in part, due to him if he has not been abroad, to his family until his return; and

(b) granting, in accordance with Article 7, the right to insurance benefit in respect of sickness occurring during a definite period after the termination of the last engagement of the seafarer, which period shall be fixed by national laws or regulations in such a way as to cover the normal interval between successive engagements.

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

The Committee notes the information concerning the committee responsible for examining international maritime labour Conventions, constituted by decision No. 28 of 1993 of the Ministry of Shipping, to the effect that the above committee has indicated that Ministerial Order No. 166 of 1961 was in the process of being revised. The first committee has recommended that the committee established in 1990 (in accordance with decision No. 93 of 14 May 1990) and made up of several bodies should be continued, that the text of the present Convention should be submitted to it together with the observations of the Committee of Experts so that they can be taken into account in the drafting of the ordinance. The Committee has also taken note of Order No. 36, dated 8 October, 1994, on maritime transport.

Article 4 of the Convention. The Committee notes the information supplied by the Government to the effect that the inspectors responsible for supervising food and catering on board ship are agricultural experts (food inspectors) and doctors (health inspectors).

Article 6(b) and (c). The Committee notes that under section 2 of Order No. 36/94, areas used for storing, handling and preparing food on board ship shall be inspected. It asks the Government to give full details in this respect.

Article 9, paragraph 3. The Committee hopes that the inspection service responsible for the application of Article 4 and 6 will in due course prepare its reports on uniform lines, in accordance with this provision of the Convention.

Article 10. The Committee hopes that, in accordance with this Article, an annual report will be drawn up and sent to the International Labour Office.

Article 11. The Committee hopes that information on vocational training in catering on board ship will be provided for.

Article 12. The Committee hopes that legislative provisions or other measures will be adopted on the collection and dissemination of information on catering and asks the Government to provide full particulars of activities currently conducted for this purpose.

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

Further to its previous comments the Committee notes the information supplied by the Government to the effect that the committee responsible for examining maritime Conventions has indicated that Act No. 232 of 1989 on the safety of ships and Order No. 143 of 1990 concerning the implementing rules of certain provisions of the Act are in the process of being amended, and has recommended that the amendments should take account of the Convention.

In this connection, the Committee would like to draw the Government's attention to the following points.

Article 3 of the Convention. Paragraph 1 of this provision requires the application of the provisions of Parts II, III and IV of the Convention to be ensured by laws or regulations which must fulfil several of the requirements in paragraph 2.

The Committee requests the Government to take all necessary steps to take account of this Article in the above-mentioned amendments, particularly with regard to the following Articles.

Article 4. The application of this provision must be ensured not only in practice, but also in law.

The Committee notes the Government's statement that the above-mentioned Committee has recommended the promulgation of legislation to cover this provision.

Article 5 (measures to ensure full application of this provision). The Committee notes the information supplied by the Government to the effect that under section 14 of Act No. 232 of 1989, the Central Directorate for Maritime Inspection of the Department of Ports and Lighthouses inspects every vessel in accordance with Order No. 143 of 1990. The Committee asks the Government to state which legal texts currently govern the above inspection: this provision too must be applied by law.

Article 14. The law must provide expressly, in addition to existing provisions, that separate hospital accommodation must be provided in any ship, including cargo ships, carrying a crew of 15 or more and engaged in a voyage of more than three days (paragraph 1). Under Order No. 143, certain provisions (sections 49, 50, 55, 56 and 58) apply only to vessels carrying at least 100, 300 or 1,500 people, as the case may be: the Convention does not provide for such restrictions.

Articles 6 to 15. The Committee noted previously that no legislation (except for Order No. 143 referred to in connection with Article 14 above) had been adopted to give effect to the provisions of the Convention (see Article 3 above).

In this connection the Committee notes the Government's indications concerning the work of the committee responsible for reviewing the legislation.

The Committee requests the Government in its next report to provide information on progress in the work of the above committee and to provide any legislation adopted that concerns the application of the present Convention.

In addition, the Committee once more asks the Government in its next report to provide extracts of official inspection reports, in accordance with point V of the report form.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided by the Government in its report, in particular regarding Article 9 of the Convention.

Article 11. In its previous comments, the Committee drew the Government's attention to the fact that section 2(b), in fine, of the Social Insurance Act No. 79, 1975, restricts application of its provisions to foreigners holding a contract of at least one year and is subject to a reciprocal agreement having been concluded, contrary to this provision of the Convention. In its last report, the Government indicated that the above-mentioned section 2(b) states that its application is subject to the provisions of international Conventions ratified by Egypt. The Committee takes due note of this information. The Committee would be grateful if the Government would provide in its next report detailed information on the measures taken to ensure both in law and in practice, that the provisions of the Convention are applied to foreigners even in the absence of a reciprocal agreement and whatever the length of their contract, particularly in the context of the Egyptian Social Insurance Institute. Please send the text of any implementing regulations (administrative memoranda, circulars, etc.) issued to this effect.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

In reply to the Committee's previous comments, the Government states that the payment as well as the method of payment of sickness benefit to insured persons who are sick or the victims of an accident is covered by section 78 of the Social Security Act, No. 79 of 1975, and that the manner in which this benefit is paid is set out in sections 14 to 22 of Order No. 310 of 1976 to issue certain provisions respecting insurance against occupational risks. The Committee notes this statement. It notes, however, that Order No. 310 of 1976 only covers benefits payable in the event of employment injury and occupational diseases. The Committee is therefore bound once again to hope that the Government will take the necessary measures in the near future to give effect to the Convention by:

(a) providing, in accordance with Article 4, paragraph 1, of the Convention, for the payment of the benefit in whole or in part to the family of the insured person when the seafarer is abroad and has lost his right to wages by reason of sickness, until the return of the insured person; and

(b) granting, in accordance with Article 7, the right to insurance benefit in respect of sickness occurring during a definite period after the termination of the last engagement of the seafarer, which period shall be fixed by national laws or regulations in such a way as to cover the normal interval between successive engagements.

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

The Committee notes the general information sent in reply to its previous direct request concerning the interministerial committee which is to examine the legislation's consistency with the Conventions. It also notes the statement made by the maritime transport holding company concerning the variety and quantity of ships' supplies, and the committees to supervise food on board ships. It hopes that the next report will contain specific information on the questions raised in the Committee's previous request, which read as follows:

Article 4 of the Convention. The Committee has noted the provisions relating to the status of marine inspectors. It hopes the Government will supply further information on the qualifications of inspectors responsible for the supervision of food and catering on board ship.

Article 5, paragraph 2(b). Please indicate the provisions placing responsibility for the arrangement and equipment of the catering department on the shipowner.

Article 6(b) and (c). Please provide any available information as to the working of the inspection system, for example extracts from inspection reports, particularly in relation to food and water storage and galley equipment. Please give a general appreciation of the application of the Convention in this respect (cf. Parts III and V of the report form).

Article 7. In its latest report, the Government indicates that inspections are made by an administrative officer on board under the captain's control. Since the legislation referred to by the Government and examined by the Committee does not appear to deal with this point, the Committee hopes the Government will in the near future be able to indicate the legislation or collective agreements providing for inspection at sea and the recording of inspection results, as required by this Article.

Article 8. The Government has referred to a procedure for the investigation of catering complaints by a single crew member, although there does not appear to be legislation dealing specifically with this matter. Please describe the practical working of this procedure (cf. Part V of the report form).

Article 9, paragraph 3. The Committee hopes that in due course the marine inspection authorities referred to in connection with Articles 4 and 6 of the Convention will adopt uniform lines for inspection reports, in conformity with this provision.

Article 10. The Committee hopes that an annual inspection report will be prepared and forwarded to the Office, as required by this Article.

Article 11. The Committee hopes that information on training in on-board catering will become available soon.

Article 12. The Committee hopes that, in the absence of legislation dealing specifically with the collection and dissemination of up-to-date catering information, the Government will consider taking appropriate steps to apply this Article, and that it will provide all available information on any procedures currently operating.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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

The Committee notes the Government's reply to its previous comments and the contents of Title 4 (medical and health services on board Egyptian vessels and maritime units) of Order No. 143 of 1990 issued by the Minister of Transport, Communications and Maritime Transport to issue the regulations under certain provisions of Act No. 232 of 1989.

In particular, the Committee notes the Government's statement that a committee made up of representatives of the Ministry of Maritime Transport, the Ministry of Manpower and Training and the services concerned will soon be established to examine the provisions of Conventions in relation to national legislation, give better effect to the Conventions and avoid any comments on this subject. It hopes that the Government will supply all the required information concerning the work of this committee, taking into account the following points.

Part II of the Convention

Article 4. The Committee notes the Government's statement that in practice the procedures for the submission of plans to modify or rebuild existing vessels are the same as for the submission of plans to build new vessels. However, it draws the Government's attention to the fact that the application of this provision also has to be ensured at the legislative level, by virtue of Article 3, paragraph 1. The Committee requests the Government to indicate in its next report the measures taken or envisaged to give full effect to this Article of the Convention.

Article 5. The Committee notes the information provided by the Government that the Ports and Lighthouses Authority examines complaints made by seafarers to the competent authority, under section 14 of Act No. 232 of 1989, and takes the necessary measures to organize an inquiry on the subject, including a visit of the ship, and to require the elimination of the grounds of the complaint. Please indicate in the next report the measures taken or envisaged to give full effect to this Article of the Convention in law.

Part III of the Convention

Article 14. The Committee notes that Title 4 of Order No. 143 deals with requirements relating to the medical and health services on board passenger vessels which only partly correspond to the requirements of this provision of the Convention. The Committee notes that the above legal text does not explicitly provide that separate hospital accommodation should be provided in any ship, including any ship transporting merchandise, carrying a crew of 15 or more and engaged in a voyage of more than three days (paragraph 1). Furthermore, sections 49, 50, 55, 56 and 58 of the above Order only apply to ships transporting at least 100, 300 or 1,500 persons respectively. The Committee requests the Government to supply information in its next report on the measures taken or envisaged to give full effect to this provision of the Convention.

Furthermore, the Committee notes that no legislation has yet been adopted to give effect to Articles 6 to 15 of the Convention, with the exception of Order No. 143 in the case of Article 14 of the Convention. It hopes that the Government's next report will contain information on the measures taken or envisaged in this respect.

Part V of the report form

The Committee once again requests the Government to include in its next report extracts from official reports of the inspection services.

Finally, the Committee notes the statement by the Maritime Transport Holding Company with reference to the Merchant Shipping Code (No. 8 of 1990) concerning the accommodation of crews. It would be grateful if the Government would supply a copy of any provision of the Code which may facilitate the application of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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

The Committee notes the information supplied by the Government in its latest reports and in its reply to the previous direct request, in particular with regard to the application of Articles 5, 6, 8 and 9 of the Convention. The Committee requests the Government to supply additional information on the following points.

1. Article 1(1) and Article 4(1) and (2) of the Convention. In its earlier comments the Committee had observed that the provisions of Chapter V of the Labour Code respecting occupational safety and health and those of Act No. 158 of 1959 respecting seafarers' contracts of employment as well as of Orders Nos. 55 of 1983 and 36 of 1982 issued under the Labour Code and referred to by the Government in its reports do not specify measures for the prevention of accidents which are peculiar to maritime employment, as provided for in Article 4(2) of the Convention. The Committee had asked the Government to indicate whether there are specific provisions (in law, in regulations or in codes of practice) regarding the prevention of accidents for seafarers, as required in Article 4 of the Convention, and if so, whether these provisions are applicable to all persons who are employed in any capacity on board any ship, other than ships of war, in accordance with Article 1 of the Convention, and not only to seafarers working on board merchant ships, as set forth in Act No. 158, to which the Government referred.

In its reply the Government refers to section 6 of Act No. 97 of 1960, concerning in particular medical services on board ship, and to occupational safety instructions which apply fully to merchant ships under the supervision of the competent services of the Labour and Training Ministry.

The Committee requests the Government to supply copies of Act No. 97 of 1960 and of the instructions referred to, as well as of any other text giving effect to the above-mentioned provisions of the Convention, that is, specifying measures for the prevention of accidents which are peculiar to maritime employment on board any ship and not merely merchant ships.

2. Articles 2 and 3. Referring to provisions of a general scope of the Labour Code and of Order No. 36 of 1982 the Committee had, in its previous comments, asked the Government to indicate whether detailed statistics were compiled of occupational accidents occurring to seafarers and whether these statistics were analysed; whether investigations were undertaken into the causes and circumstances of occupational accidents resulting in loss of life or serious personal injury, as well as research into general trends regarding accidents which are due to the particular hazards of maritime employment. It had asked the Government to supply copies of any statistics compiled of occupational accidents of seafarers, as well as copies or extracts of relevant reports and inquiries.

The Committee notes that, having answered all these questions in the affirmative, the Government indicates that accidents occurring on board ships are registered in the log-book with a description of the accident and indication of its place, date and circumstances, as well as the measures taken by the captain in this connection.

The Committee accordingly requests the Government to supply copies of relevant extracts from these documents and samples of statistics compiled in accordance with the above-mentioned Articles of the Convention.

3. Article 4(3). In its earlier comments the Committee had asked the Government to indicate the provisions on the prevention of accidents bearing more particularly on the following points of Article 4(3); (b) structural features of the ship; (g) anchors, chains and lines; (h) dangerous cargo and ballast.

The Committee again requests the Government to indicate how effect is given to the Convention on these points.

4. Article 7. In its earlier comments, the Committee had asked the Government to indicate whether safety and health committees as laid down in section 128 of the Labour Code also operate on board ship, or whether responsibility for the prevention of accidents is entrusted to one or more suitable persons from among the crew of the ship.

In reply the Government has mentioned the competent services of the Labour Ministry as the authority supervising the observance of occupational safety instructions, and it has referred to Act No. 97 of 1960 on the safety of ships as the instrument governing occupational safety on board ship. The Committee hopes that a copy of Act No. 97 of 1960 on the safety of ships will be provided with the next report.

5. Article 10. In its earlier comments the Committee had asked the Government to indicate the manner in which cooperation with other governments was ensured, with the assistance as appropriate of intergovernmental and other international organizations, in order to achieve the greatest possible measure of uniformity of other action for the prevention of occupational accidents.

In the absence of information on this matter, the Committee again requests the Government to indicate in its next report any measures taken to give effect to Article 10 of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied in reply to its last direct request.

Article 2(a). (Conventions included in the Appendix to the Convention No. 147 but not ratified by Egypt): Conventions Nos. 7 or 58. The Committee notes that none of the provisions cited in the report adequately addresses the points raised in its previous comments. The Committee urges the Government to refer to paragraph 111 of its 1990 General Survey on Convention No. 147, in which it indicated that the requirement of substantial equivalence in Article 2(a) and the need to ensure the safety of life on board ship may be met as regards minimum age where under legislation a minimum age of 14 applies except on vessels where only members of the same family are employed or authorised school or training ships; in order to facilitate enforcement (also required under Article 2(f) of Convention No. 147) there should be provision for the keeping of registers. It hopes measures will be taken soon by the Government to ensure due application of the Convention in this respect.

Article 2(a)(i). Further to its previous comments, the Committee notes that neither Act No. 232 of 1989 nor Ministerial Order No. 143 of 1960 contains manning requirements to ensure the safety of life on board ship as required by the Convention. It requests the Government to take legislative measures to ensure conformity with the Convention.

Article 2(d). Further to its previous comments, the Committee notes the text of Act No. 167 of 1960 regarding security, order and discipline on board ship. It notes however that this Act does not deal with engagement procedures of seafarers and the related investigations of complaints or the reporting to the competent authorities of the country of registration of the ship concerned with a copy to the Director-General of the International Labour Office. The Committee requests the Government to indicate what procedures exist in relation to the engagement of seafarers, and if necessary to take measures to bring its national legislation into conformity with this provision of the Convention.

Article 2(f). Further to its previous comments, the Committee notes that the Government's report contains no information concerning the functioning of inspection or other verification arrangements in relation to maritime labour standards, as requested in the report form. It hopes the Government will deal with this question in the next report.

Article 2(g). The Committee notes the information on maritime accidents between 1989 and 1991. It further notes the texts of the Ministerial Order No. 3140 of 1960 on discipline on board ship and Act No. 79 of 1961 on maritime disasters. The Committee requests information on arrangements regarding the holding of the required official inquiry into such serious marine casualties, particularly involving injury or loss of life. It notes also that Act No. 79 does not require the publication of the final report of such official inquiries, even though access is guaranteed to anyone interested on payment of fees. The Committee draws the Government's attention to paragraphs 257 and 258 of its 1990 General Survey, as to the need to have the conclusions announced publicly. It hopes the Government will provide information on measures taken or proposed in this regard, and that it will also provide full details of other marine casualties occurring in the reporting period and measures taken as a result.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the information supplied by the Government in reply to its previous comments.

Article 9 of the Convention. The Government indicates that Title III, Chapter 4 of the Labour Code of 1981 respecting the organisation of individual labour relations applies in the event of individual disputes. It adds that the relationship between the seafarer and the employer is also governed by Act No. 158 of 1959 respecting seamen's contracts of employment and that the Merchant Shipping Code, the Civil Code and the Labour Code apply to all cases not provided for in Act No. 158. The Committee observes, however, that national laws (and particularly the Merchant Shipping Code) make no provision, as required by Article 9 of the Convention, for securing a rapid and inexpensive settlement of disputes concerning the liability of the shipowner under this Convention. It therefore hopes that appropriate steps will be taken shortly to give effect to this provision of the Convention. It requests the Government, in its next report, to provide information on any progress made in this respect.

Article 11. The Goverment refers to section 1 of Act No. 158 of 1959 respecting seafarers' contracts of employment, under which "the provisions of this Act govern any contract whereby a person undertakes to work in return for remuneration under the direction or supervision of the master of a merchant vessel of the United Arab Republic". The Government indicates that this Act applies to all persons employed on board a vessel, whether or not they are of Egyptian nationality, which, the Government considers, ensures equality of treatment between Egyptians and foreigners employed on board an Egyptian vessel. While noting this information, the Committee is bound to recall that the Social Insurance Act No. 79, 1975, as amended, whose provisions also ensure implementation of the Convention, makes the equality of treatment of seamen depend upon residence and reciprocity (section 2(b), in fine), contrary to this provision of the Convention. Accordingly, the Committee must again express the hope that the Government will not fail to take the necessary measures to amend the legislation to ensure that full effect is given to this provision of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its report in reply to its previous comments.

Article 3, paragraph 4, of the Convention. The Committee notes that the trade union for seamen working in the merchant marine, in collaboration with the Maritime Inspection Service, is responsible for providing seamen with information on the provisions of Act No. 158 of 1959 respecting seamen's articles of agreement. The Committee requests the Government to indicate whether that collaboration is sufficient to ensure that seamen also understand the meaning of the clauses of the articles of agreement.

Articles 5 and 14. The Committee notes that the document transmitted by the Government with its report is a copy of the seaman's passport which does not mention the work carried out by him on board the vessel, in accordance with Article 5, paragraph 1, but that it contains a heading relating to the seaman's "ability". If this word is equivalent to "quality of the work" the provisions of Article 5, paragraph 2, would not be applied. The Committee hopes that the Government will provide particulars in this respect and that seamen will be given a document containing a record of their employment on board the vessel, as provided for in the Convention. It also hopes that the Government will indicate the provisions which give effect to Article 14, paragraph 2 (the right of the seaman to obtain from the master a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement).

Article 6, paragraph 3(11). Please state whether national law provides that annual leave with pay shall be granted to the seaman after one year's service with the same shipping company.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 4, paragraph 1, of the Convention. In its previous comments, the Committee requested the Government to indicate whether, when the insured person is abroad and has lost his right to wages, even partially, by reason of sickness, the cash benefit to which he would have been entitled had he not been abroad is paid in whole or in part to his family until his return to Egyptian territory. In its reply, the Government refers once again to section 78 of the Social Security Act, No. 79 of 1975, as amended. The Committee is bound to remind the Government that, although section 78 above defines the right to sickness benefit and specifies its amount and duration, it does not lay down the manner in which this benefit shall be paid to the members of the insured person's family when the sick seafarer is abroad (for example, if he has been taken ashore in the event of sickness or, being on shore, is incapable of returning to his post on board ship by reason of his state of health) and has lost his right to wages, even partially. The Committee therefore hopes that the Government's next report will contain full information on the measures that have been taken or are contemplated to implement the Convention on this point.

Article 7. In its previous comments, the Committee requested the Government to indicate the measures that have been taken or are envisaged to ensure that insurance benefit shall be provided even in respect of sickness occurring during a definite period after the termination of the seafarer's last engagement, which period shall be fixed by national laws or regulations in such a way as to cover the normal interval between successive engagements. In its reply, the Government indicates that the seafarer continues to receive sickness insurance benefit during the intermediary periods between the end of an engagement and the beginning of a new one on board another vessel, and even after the termination of his service, since he is then provided with a pension. While noting this information, the Committee wishes to emphasise that Article 7 of the Convention does not cover the right to sickness insurance of seafarers who are entitled to a pension (the case covered in section 76 of Act No. 79 of 1975), but the case of a seafarer who continues to suffer from sickness after the termination of his contract or who falls sick during a definite period after the termination of the last engagement without suffering from permanent incapacity to work. The Committee therefore hopes that the Government's next report will contain information on all the measures that have been taken or are envisaged to give full effect to Article 7 of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has noted the Government's reply to its previous comments, and the contents of the Law No. 232 of 1989.

Part II of the Convention

Article 4. The Committee notes that section 4 of Law No. 232 now provides for the submission for the competent authority's approval of the plans of a new ship prior to construction. The Committee notes, however, that there is no such requirement in the said Law for submission of plans of alteration or reconstruction of existing ships. The Committee therefore requests the Government to indicate in its next report the measures taken or contemplated to give full effect to this Article of the Convention.

Article 5. The Committee has noted that section 14 of Law No. 232 of 1989 authorises the presentation of a complaint to the competent authority by the seafarers on board an Egyptian ship. The Committee requests the Government to provide information on measures taken or contemplated requiring the competent authority to inspect the ship after a complaint has been made, as required by clause (c) of this Article.

Part III

The Committee has noted the information provided by the Government in its last report on the working of inspection in compliance with Articles 4, 5 and 17 (points III and V of the report form). It requests the Government to include in its next report extracts from official reports and information on any practical difficulties in the application of the Convention.

The Committee regrets to note the provisions of Law No. 232 of 1989 do not appear to give effect to Articles 6 to 15 of the Convention as required, although section 12 of the Law authorises the Minister of Maritime Transport to regulate the establishment of a medical and sanitary service. The Committee hopes that the Government's next report will include information on the measures taken to implement section 12 of the Law, as well as all other measures taken or proposed to be taken to give full effect to Articles 6 to 15 of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has noted the information supplied in reply to its last direct request and the contents of the Merchant Shipping Code of 22 April 1990 and Order No. 3366 of 1960 concerning the employment of young persons on board ship.

Article 1(1) of the Convention. The Committee notes the Government's statement in its last report that all commercial vessels flying the flag of the Arab Republic of Egypt, irrespective of whether they are publicly or privately owned, are subject to the Merchant Shipping Code as well as to title 5 of the Labour Code No. 137 of 1981.

The Committee repeats its previous request for a copy of Act No. 32 of 1971.

Article 2(a). (Conventions included in the Appendix to Convention No. 147 but not ratified by Egypt): Conventions Nos. 7 or 58. The Committee noted earlier that under section 5 of Act No. 158 of 1959 young persons over the age of 12 may work or serve a period of training on board ship, subject to such conditions as the competent authority lays down. The Committee has noted the Government's last report and section 2 of Order No. 3366 of 1960 which provides that no seafarer under 15 years of age may be employed on board a vessel, unless his father, brother, uncle, or grandfather is employed on the same vessel. The Committee again refers to paragraph 111 of its 1990 General Survey on Convention No. 147, in which it indicated that the requirement of substantial equivalence in Article 2(a) and the need to ensure the safety of life on board ship may be met as regards minimum age where under legislation a minimum age of 14 applies except on vessels where only members of the same family are employed on authorised school or training ships; in order to facilitate employment there should also be provision for the keeping of registers. It hopes measures will be taken by the Government to ensure due application of the Convention in this respect.

Article 2(a)(i). In previous comments, the Commitee requested information on safe manning legislation. Although the Government refers again to Order No. 1 of 1957, the Committee points out that this does not provide for safe manning requirements as required by the Convention. It therefore requests the Government to indicate precisely the legislation on this subject.

Article 2(d). The Committee notes the Government's reply that the text of Act No. 167 of 1960 has been requested from the competent authorities and that it will be forwarded to the ILO when received. It hopes this will be done shortly. It also hopes that copies of complaints in respect of engagement, if any are made, will be communicated to the ILO.

Article 2(f) and (g). The Committee notes that the Government's report contains no reply to its previous comments. It must therefore repeat its request for particulars as to numbers of inspections and inquiries into serious maritime casualties and their results, as specified in the report form. The Committee also repeats its request for copies of Act No. 314 of 1960 concerning discipline and Act No. 79 of 1961 concerning maritime disasters.

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

The Committee has noted the information supplied in reply to its last direct request.

Article 1(1) of the Convention. The Government indicates that only ships of war and those used for non-commercial purposes are excluded from Act No. 32 of 1971 concerning maritime authorisation. The Committee recalls that all sea-going merchant vessels should be covered by national provisions, except in so far as they may be excluded under Article 1 of the Convention: it noted earlier that only sections 108 and 109 of the Labour Code (occupational safety and health matters) apply to publicly owned ships. It would be glad if the Government would clarify whether there are any commercially operated, publicly owned ships registered in Egypt, and if so under what provisions the application of the whole of the Convention to them is guaranteed. The Committee again requests a copy of the Merchant Shipping Code, not received with the Government's report. Please also supply a copy of Act No. 32.

Article 1(2) and (3). The Committee notes the information provided, from which it appears that no tugs are regarded as sea-going for purposes of the Convention.

Article 2(a). (Conventions included in the Appendix to Convention No. 147 but not ratified by Egypt):

- Conventions Nos. 7 or 58. The Committee noted earlier that under section 5 of Act No. 158 of 1959 young persons over the age of 12 may work or serve a period of training on board ship, subject to such conditions as the competent authority lays down, and it requested information as to the application of section 51. The Government replies that that Act applies to all Egyptian ships. The Committee would be grateful if, having regard to Articles 2, 3 and 4 of Convention No. 7 or Convention No. 58, the Government would indicate the conditions laid down under section 51, so as to ensure that the minimum age requirement in Convention No. 147 is observed (see also paragraphs 108-111 of the Committee's 1990 General Survey). Please provide a copy of Order No. 3366 of 1960 concerning the employment of young persons on board ship.

Article 2(a)(i). The Committee has noted with interest the contents of Order No. 1 of 1957 prescribing hours of work on board ship. It repeats its request for information as to legislation dealing with safe manning.

Article 2(d). The Committee again requests the Government to supply a copy of Act No. 167 of 1960 regarding security, order and discipline on board ship, not received with its latest report. It has noted that complaints in respect of engagement are rare, but that copies of any made will be communicated to the ILO.

Article 2(f) and (g). The Committee again requests the Government to supply the particulars requested in the report form as to numbers of inspections and inquiries into serious marine casualties and their results. Please provide copies of Act No. 314 of 1960 concerning discipline and Act. No. 79 of 1961 concerning maritime disasters.

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

The Committee takes note of the information supplied by the Government in reply to its previous comments.

Article 9 of the Convention. The Committee notes that Title IV of the Labour Code of 1981, concerning disputes, covers only collective labour disputes. It therefore recalls in this connection that this Article of the Convention provides that national laws or regulations should make provision for securing the rapid and inexpensive settlement of disputes concerning the liability of the shipowner under this Convention. The Committee trusts that appropriate measures will shortly be taken to give effect to this Article; it requests the Government to supply information on any progress made in this respect in its next report.

Article 11. In its earlier comments, the Committee noted that the national legislation (Social Insurance Act No. 79, 1977, section 2(b) in fine; Labour Code, section 26) makes the equality of treatment of seamen depend upon reciprocity, contrary to this provision of the Convention. The Committee notes from the Government's report that it intends to take the necessary steps to ensure that the Labour Code (section 26) is amended in the near future. It again expresses the hope that the Government will not fail to take the necessary measures to ensure such amendment so that full effect is given to this Article of the Convention.

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

The Committee takes note of the information supplied by the Government in its report.

Article 4, paragraph 1, of the Convention. In the comments it made in 1986 and 1988, the Committee requested the Government to indicate whether, when the insured person is abroad and has lost his right to wages, even partially, by reason of sickness, the cash benefit is paid in whole or in part to the family of the insured, and, if only in part, then in what proportion. Since sections 19, 20 and 21 of the Regulations implementing Act No. 50 of 1978 concerning the insurance of Egyptian workers employed abroad, to which the Government refers in its reply, cover only the cases of total invalidity or death and, consequently, do not apply to the case where the insured person is abroad and has lost his right to wages by reason of sickness, the Committee can only ask the Government yet again to provide the information requested.

Article 7. The Committee takes note of the Government's reply to its previous comments. It notes, in particular, that every shipping company establishes an insurance scheme for seafarers in its employment. It also notes the Government's statement that no amendments have been made to the sickness insurance scheme for Egyptian seafarers since its last report. However, it recalls that, under Article 7 of the Convention, "the right to insurance benefit shall continue even in respect of sickness occurring during a definite period after the termination of the last engagement, which period shall be fixed by national laws or regulations in such a way as to cover the normal interval between successive engagements". Accordingly, the Committee can only repeat its request to the Government to indicate in its next report the measures taken or under consideration to ensure that effect is given to this provision of the Convention.

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

The Committee has noted the information provided in reply to the previous direct request.

Article 4 of the Convention. The Committee has noted the provisions relating to the status of marine inspectors. It hopes the Government will supply further information on the qualifications of inspectors responsible for the supervision of food and catering on board ship.

Article 5, paragraph 2(b). Please indicate the provisions placing responsibility for the arrangement and equipment of the catering department on the shipowner.

Article 6(b) and (c). Please provide any available information as to the working of the inspection system, for example extracts from inspection reports, particularly in relation to food and water storage and galley equipment. Please give a general appreciation of the application of the Convention in this respect (cf. Parts III and V of the report form).

Article 7. In its latest report, the Government indicates that inspections are made by an administrative officer on board under the captain's control. Since the legislation referred to by the Government and examined by the Committee does not appear to deal with this point, the Committee hopes the Government will in the near future be able to indicate the legislation or collective agreements providing for inspection at sea and the recording of inspection results, as required by this Article.

Article 8. The Government has referred to a procedure for the investigation of catering complaints by a single crew member, although there does not appear to be legislation dealing specifically with this matter. Please describe the practical working of this procedure (cf. Part V of the report form).

Article 9, paragraph 3. The Committee hopes that in due course the marine inspection authorities referred to in connection with Articles 4 and 6 of the Convention will adopt uniform lines for inspection reports, in conformity with this provision.

Article 10. The Committee hopes that an annual inspection report will be prepared and forwarded to the Office, as required by this Article.

Article 11. The Committee hopes information on training in on-board catering will become available soon.

Article 12. The Committee hopes that, in the absence of legislation dealing specifically with the collection and dissemination of up-to-date catering information, the Government will consider taking appropriate steps to apply this Article, and that it will provide all available information on any procedures currently operating.

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

The Committee has noted the Government's reply to its previous comments, and the contents of Law No. 97 of 1960 concerning safety on board ship.

Part II of the Convention

Article 4. The Committee notes that Law No. 97 appears to contain no provision for the submission for the competent authority's approval of the plans of a ship or the crew accommodation before construction or alteration, as required by this Article. Please indicate any measures taken or contemplated to this effect.

Article 5. The Committee has noted with interest the provisions in sections 2, 4, 7, 8 and 10 of Law No. 97 relating to the inspections required under clauses (a) and (b) of this Article. Please indicate any measures taken or contemplated in relation to inspections after a complaint has been made, as provided for in clause (c).

Part III

The Committee has noted the Government's indication that regular inspections of crew accommodation are to take place in conformity with Article 17. Please include in the next report any available information on the working of inspection in compliance with Articles 4, 5 and 17 (Points III and V of the report form).

The Committee hopes that with its next report the Government will provide copies of the orders giving effect to Articles 6 to 15 of the Convention. [The Government is asked to report in detail for the period ending 30 June 1990.]

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Further to its previous comments, the Committee notes the information supplied in the Government's report. Please provide additional information on the following points:

Article 1, paragraph 2(g), of the Convention. The Committee once again requests the Government to specify the provisions of the Civil Code and of the Merchant Marine Code which ensure the application of the Convention in respect of persons working on board vessels of less than 500 tons. It hopes that the Government will not fail to transmit copies of the above provisions with its next report.

Article 3, paragraph 4. The Committee once again requests the Government to indicate the provisions adopted to ensure that the seaman understands the meaning of the clauses of the articles of agreement.

Articles 5 and 14. The Committee notes the Government's statement to the effect that in practice the document provided for in Article 5 is issued to the seaman by the master. It recalls that the Convention prescribes that national law shall determine the form of the document, the particulars to be recorded and the manner in which such particulars are to be entered in it. It once again requests the Government to transmit a copy of the document currently issued in the Egyptian Merchant Marine and to indicate the provisions which give effect to Article 14, paragraph 2.

Article 6, paragraph 3, subparagraphs 3, 10(b), and 11. The Committee notes that these particulars are not included amongst those which under section 4 of Act No. 158 of 1959 (quoted by the Government in its report) are to be included in the articles of agreement. Please indicate the measures which are under consideration in this respect.

Article 7. The Government indicates that in practice a list of the crew is carried on board vessels. Please specify whether the articles of agreement are recorded in this list or annexed to it.