Certification of Able Seamen Convention, 1946 (No. 74) - Angola (Ratification: 1976)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee takes note of the Government’s reports on several maritime Conventions. In this regard, it further notes that the Government has provided contradictory information regarding the legislation giving effect to the Conventions. The Committee therefore strongly requests the Government to provide clear information on the specific provisions of the national legislation implementing the Conventions, as explained in detail below. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these issues in a single comment, as follows.

Certification of Ships’ Cooks Convention, 1946 (No. 69)

Article 4 of the Convention. Examinations for the granting of certificates of qualification. The Committee notes the information provided by the Government in its report regarding the fact that there is currently no specific body in Angola dealing with the vocational training and professional certification of ships’ cooks. It further notes that, as a result, the Maritime Administration authorizes exceptions under the provisions of Article 3 of the Convention in order to allow persons not holding a certificate of qualification to be engaged as ships’ cooks on board ships. The Committee also notes the Government’s indication that there are no legal instruments that regulate the examinations to grant certificates of qualification for ships’ cooks. The Committee recalls however that, in previous reports, the Government had referred to Legislative Decree No. 45968 of 15 October 1964, and the Regulations of application approved by Decree No. 45969, as being the implementing legislation. The Committee therefore strongly requests the Government to clarify whether, in relation to the application of the Convention, the provisions contained in the abovementioned decrees are still in force and if not, to indicate the current legislation implementing Article 4 of the Convention. It further requests the Government to provide information on the measures taken to make arrangements for the holding of examinations and for the granting of certificates of qualification as required by this Article of the Convention.

Medical Examination (Seafarers) Convention, 1946 (No. 73)

Articles 4, 5 and 8 of the Convention. Nature of medical examination. Particulars and validity of medical certificate. Medical referee. The Committee notes the Government’s information that there is no specific regulation for the purpose of issuing medical certificates to seafarers. In this connection, the Committee recalls however the Government’s reference, in its previous reports, to Legislative Decree No. 45968 of 15 October 1964, and the Regulations of application approved by Decree No. 45969, as being the implementing legislation. The Committee therefore strongly requests the Government to clarify whether, in relation to the application of the Convention, the provisions contained in the abovementioned decrees are still in force and if not, to indicate the current legislation giving effect to these provisions of the Convention.

Certification of Able Seamen Convention, 1946 (No. 74)

Article 1 of the Convention. Obligation for able seafarers to hold certificates of qualification. The Committee notes the Government’s indication that Legislative Decree No. 45968 of 15 October 1964, and the Regulations of application approved by Decree No. 45969, are still in force and serve as the implementing legislation. The Committee further notes the Government’s statement that, given that the abovementioned legislation has become obsolete, a new regulation touching upon the subject matter covered by the Convention is currently under elaboration. The Committee requests the Government to provide information on any progress achieved in this respect, and to provide a copy of the relevant legal text once adopted.

Article 2(3) of the Convention. Certification requirements for able seafarers – Minimum age. Noting the Government’s statement in its previous report that the minimum age prescribed by national legislation for taking the examination of proficiency and for being granted a certificate of qualification as able seafarer was 14 years, the Committee had requested the Government to take the necessary steps to bring its legislation in conformity with Article 2 of the Convention which fixes 18 as the minimum age. In this regard, the Committee notes the Government’s indication that section 137 of Decree No. 45969 provides that the minimum age for being granted a certificate of qualification as able seafarer is 21. The Committee takes note of this information.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Articles 3 and 6 of the Convention. Continuous possession of a seafarer’s identity document. Permission to enter a territory. The Committee had previously noted that according to section 25 of Decree No. 45969 of 15 October 1964 the seafarer’s identity document shall be kept by the master or any other officer during the validity of the engagement (durante a vigência da matrícula), whereas Article 3 of the Convention provides that the said document shall remain in the seafarer’s possession at all times. The Committee had also noted that no effect was given to the provisions of Article 6 of the Convention according to which Members shall permit the entry into a territory for which the Convention is in force of a seafarer holding a valid seafarer’s identity document, when entry is requested for temporary short leave while the ship is in port. In this respect, the Committee notes the information provided by the Government in its report that a new regulation dealing with the subject covered by the Convention is being prepared. The Committee further notes the Government’s reference to Presidential Decree No. 108/11 of 25 May 2011 approving the Regulation on the legal status of foreign nationals. Section 93 of the said Decree provides that “a foreign national who is transferred to a ship or an oil platform on the high seas to either work on it or to travel from there for the purpose of entering or leaving the country via another means of transport, has to obtain a ‘transhipment visa’”. Moreover, paragraph 2 of section 93 stipulates that the embarkation or disembarkation has to be requested at least 72 hours in advance either by the agent or the shipowner. In this connection, while noting that the said provision is meant to respond to security concerns, the Committee recalls that a valid seafarer’s identity document is the only document needed by the seafarer to enter the territory of a country for which the Convention is in force for temporary shore leave or – provided that the document contains space for appropriate entries – for the purpose of joining a ship, passing in transit to join a ship or for repatriation. The Committee requests the Government to adopt measures to bring its legislation into conformity with Articles 3 and 6 of the Convention and to inform the Committee accordingly.

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

The Committee takes note of the adoption of the Merchant Marine, Harbours and Related Activities Law (Law No. 27/12 of 28 August 2012) and the General Labour Law (Law No. 7/15 of 21 April 2015). The Committee requests the Government to indicate the provisions of these new laws which give application to the Convention.

In addition, the Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the application of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. 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 comments.

Repetition

Article 2(3) of the Convention. Certification requirements for able seafarers – Minimum age. The Committee notes the Government’s indication that the minimum age prescribed by national legislation for taking the examination of proficiency and for being granted a certificate of qualification as able seaman is 14 years. In this respect, the Committee wishes to draw the Government’s attention to Article 2(3) of the Convention, which provides that a person must be at least 18 years of age before being granted a certificate of qualification as able seaman. The Committee therefore requests the Government to take the necessary steps for bringing its legislation into line with the requirements of the Convention on this point.

Moreover, the Committee notes the Government’s statement that the Convention is implemented through Decree No. 363/70 of 14 December 1970 which remains in force. Recalling that in all previous reports, the Government referred to Legislative Decree No. 45968 of 15 October 1964, and the Regulations of application approved by Decree No. 45969, as being the implementing legislation, the Committee requests the Government to provide further clarifications in this respect. The Committee would also appreciate receiving a copy of Decree No. 363/70 as this text has not been previously communicated to the Office.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistical data on the number of AB certificates delivered during the reporting period and relevant extracts from inspection reports showing any infringements of the relevant legislation.

Finally, the Committee recalls that the Convention, together with 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006). It also recalls that, in the course of the negotiations that eventually led to the adoption of the MLC, 2006, it was agreed that the responsibility for the training and certification requirements for able seafarers – except for ships’ cooks – should be transferred to the International Maritime Organization (IMO) and that the provisions of the present Convention would be eventually superseded by new mandatory provisions to be adopted under the IMO’s STCW Convention. The Committee notes, in this respect, that the Manila amendments to the STCW Convention and Code, adopted in June 2010 and due to enter into force on 1 January 2012, contain in Regulation II/5 new requirements for certification of ratings as able seafarers deck. Recalling that the Government continues to be bound by the provisions of Convention No. 74 until the MLC, 2006 enters into force for Angola, the Committee requests the Government to keep the Office informed of any developments regarding the ratification and effective implementation of the MLC, 2006.

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

Article 2(3) of the Convention. Certification requirements for able seafarers – Minimum age. The Committee notes the Government’s indication that the minimum age prescribed by national legislation for taking the examination of proficiency and for being granted a certificate of qualification as able seaman is 14 years. In this respect, the Committee wishes to draw the Government’s attention to Article 2(3) of the Convention, which provides that a person must be at least 18 years of age before being granted a certificate of qualification as able seaman. The Committee therefore requests the Government to take the necessary steps for bringing its legislation into line with the requirements of the Convention on this point.

Moreover, the Committee notes the Government’s statement that the Convention is implemented through Decree No. 363/70 of 14 December 1970 which remains in force. Recalling that in all previous reports, the Government referred to Legislative Decree No. 45968 of 15 October 1964, and the Regulations of application approved by Decree No. 45969, as being the implementing legislation, the Committee requests the Government to provide further clarifications in this respect. The Committee would also appreciate receiving a copy of Decree No. 363/70 as this text has not been previously communicated to the Office.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistical data on the number of AB certificates delivered during the reporting period and relevant extracts from inspection reports showing any infringements of the relevant legislation.

Finally, the Committee recalls that the Convention, together with 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006). It also recalls that, in the course of the negotiations that eventually led to the adoption of the MLC, 2006, it was agreed that the responsibility for the training and certification requirements for able seafarers – except for ships’ cooks – should be transferred to the International Maritime Organization (IMO) and that the provisions of the present Convention would be eventually superseded by new mandatory provisions to be adopted under the IMO’s STCW Convention. The Committee notes, in this respect, that the Manila amendments to the STCW Convention and Code, adopted in June 2010 and due to enter into force on 1 January 2012, contain in Regulation II/5 new requirements for certification of ratings as able seafarers deck. Recalling that the Government continues to be bound by the provisions of Convention No. 74 until the MLC, 2006 enters into force for Angola, the Committee requests the Government to keep the Office informed of any developments regarding the ratification and effective implementation of the MLC, 2006.

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

The Committee notes the adoption of the General Labour Act of 2000. This text appears to be of a general scope, which does not contain provisions specifically enacting the Articles of the Convention.

The Committee requests the Government to advise whether Legislative Decree No. 45968 of 15 October 1964 to promulgate regulations respecting the exercise of trades and occupations falling within the jurisdiction of the maritime authority, and the regulations of application, approved by Decree No. 45969 of the same date, respecting maritime enrolment and the registration of ships of the merchant navy and fishing, are still in force. If not, please inform the Committee by what other relevant text the Convention is now implemented.