Placing of Seamen Convention, 1920 (No. 9) - Cameroon (Ratification: 1970)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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