Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 163) sur le bien-être des gens de mer, 1987 - Mexique (Ratification: 1990)

The Committee notes the Government's statement in its report to the effect that the General Directorate of the Merchant Navy and the Education and Training Trust of Merchant Navy Personnel is responsible for the application and observance of the Convention. The Committee also notes that both institutions guarantee to provide the benefits established in law to crew in the Naval Academy (Náutica México). The Committee asks the Government to supply information on the following provisions, some of which have been the subject of its previous comments:

Article 1, paragraph 2, of the Convention. The Committee notes the information provided by the Government in respect of the various naval vessels and structures included in the legislation. The Committee again requests the Government to indicate which vessels are considered to be seagoing for the purposes of the Convention and to provide information concerning the consultations which have been held in accordance with this paragraph of the Convention.

Article 1, paragraph 3. The Committee had requested the Government to indicate the extent to which the Convention applies to commercial maritime fishing and to provide information on the consultations which have been held with the representative organizations of fishing-vessel owners and fishermen in this regard. The Committee notes the Government's statement in its report to the effect that the Act respecting fishing and the National Regulation of the Ministry for Fisheries give effect to the provisions of the Convention. The Committee requests the Government to provide a copy of the above legislative texts.

Article 2, paragraph 1. With reference to its previous comments, the Committee notes the Government's statement in its report to the effect that "seafarers' houses" provide economical accommodation and meals to seafarers. The Committee had also requested information concerning welfare facilities and services offered on board all vessels covered by the Convention. In this regard, the Committee notes the information provided by the Government in its report to the effect that accommodation, meals, cultural activities and recreation (libraries, sports facilities and smoking lounges) are provided to crew members of the respective maritime agencies. The Committee also refers to the Seafarers' Welfare Recommendation, 1987 (No. 173) (the text of which is reproduced in the report form), which provides examples in respect of the welfare facilities and services, recreation and information that should be provided to seafarers in port and on board ship, and requests the Government to continue to provide information in respect of the facilities and services which are provided to seafarers.

Article 2, paragraph 2. The Committee notes the information that the "seafarers' houses" are supported by modest contributions of national or foreign commercial vessels according to their respective tonnage. The Committee requests the Government to provide more full and detailed information in respect of the arrangements made for financing the welfare facilities and services provided in port and, in particular, in respect of the upkeep of "seafarers' houses".

Article 3, paragraph 2. The Committee notes the Government's statement relative to the effects given to this provision in the ports of Tampico, Veracruz and Mazatlán. The Committee again requests the Government to provide information in respect of consultations held in compliance with this Article of the Convention.

Article 4. In its previous comments, the Committee had requested the Government to provide information relative to the purpose of the inspections undertaken by the General Directorate of the Federal Labour Inspection Service and the General Directorate of Ports and the Merchant Navy and how the above Directorates ensure that the welfare facilities and services on every seagoing vessel are made available to all seafarers on board. The Committee notes that the Government has not provided a direct response to its previous request and, consequently, is bound to reiterate its request that the Government provides this information in its next report. The Committee had also requested information in respect of the review of the regulations governing the Naval Deck and Engines Inspection Service and to provide a copy of the definitive text in this regard. The Committee also notes the Government's statement in its report to the effect that the revision of these regulations have not been completed. The Committee requests the Government to provide a copy of the regulations as soon as they have been completed.

Article 5. The Committee notes the information provided by the Government in its report to the effect that the welfare facilities and services are constantly reviewed. The Committee requests the Government to indicate in its next report which are the welfare facilities and services most frequently reviewed in ports (in particular, in the ports of Tampico, Veracruz and Mazatlán) as well as the manner in which the needs of seafarers resulting from technical, operational and other developments in the shipping industry are taken account of.

Article 6. The Committee notes the information provided by the Government in its report to the effect that it has cooperated in various agreements, promptly applying the agreements adopted and in the manner required in each case. The Committee would be grateful if the Government would provide a copy of the above agreements and more detailed information in respect of their practical application. The Committee also requests the Government to indicate the measures adopted or envisaged to ensure the application of paragraph (b) of this Article of the Convention.

Point V of the report form. The Committee notes that the information provided by the Government in its report does not correspond with the statistical information required under this point of the report form, namely the nature, location and number of welfare services and facilities in ports and on board ships and the number of seafarers having access to these services and facilities. Consequently, the Committee hopes that the Government will provide the information required in its next report.