Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention du travail maritime, 2006 (MLC, 2006) - Nigéria (Ratification: 2013)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes that the Government previously ratified eight maritime labour Conventions, which have been denounced following the entry into force of the MLC, 2006, for Nigeria. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 entered into force for Nigeria on 18 January 2017. It further notes that the Government’s report was received before the entry into force of the 2014 amendments. The Committee notes the important efforts undertaken by the Government and the social partners to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Scope of application. Seafarers. Masters. The Committee notes that section 64 of the Nigerian Maritime Administration and Safety Agency Act, 2007 (NIMASA Act, 2007) as well as section 444 of the Merchant Shipping Act, 2007, exclude masters and pilots from the definition of seafarer. It notes the Government’s indication that consultations are ongoing between the Government, shipowners’ and seafarers’ organizations in order to amend the definition of seafarer in the NIMASA Act, 2007, and the Merchant Shipping Act, 2007, so as to comply with the MLC, 2006. The Committee recalls that, in accordance with Article II, paragraph 1(f), the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. While pilots can be excluded from this definition, masters should be covered by the Convention. The Committee requests the Government to provide information on any measures adopted to amend the legislation in order to give full effect to this provision of the Convention.

Cadets. The Committee notes that section 444 of the Merchant Shipping Act, 2007 excludes cadets from the definition of seafarers. Recalling the definition of seafarers mentioned above, the Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that cadets are to be regarded as seafarers for the purpose of the Convention. The Committee underlines that the protection afforded by the Convention is particularly important for the more vulnerable categories of persons, such as cadets. The Committee therefore requests the Government to adopt the necessary measures in order to ensure that cadets are regarded as seafarers and that they enjoy the protection provided for by the Convention. The Committee is certainly aware of the reported and anticipated shortage of qualified officers to effectively man and operate ships engaged in international trade and the difficulties encountered to ensure that cadets meet the minimum mandatory seagoing service which forms part of the requirements prescribed in the Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) for certification. In these circumstances, the Committee recalls that, as foreseen in Article VI, paragraph 3, of the Convention, governments, in consultation with social partners, could agree on substantial equivalent measures applicable to cadets where needed, in accordance with the Convention.

Article II, paragraphs 1(i), 4, 5 and 6. Scope of application. Ships. The Committee notes that a number of provisions, including the Merchant Shipping Act, 2007, and the Regulations to the Merchant Shipping Act, 2010, exclude from its application ships under a certain gross tonnage, including those engaged on international voyages: (i) section 93(2) of the Merchant Shipping Act, 2007, with respect to the seafarer’s employment agreement, excludes from its application ships of less than 80 gross tonnage exclusively employed in trading; (ii) section 2 of the Merchant Shipping (Safe Manning and Hours of Work) Regulations 2010, with respect to the safe manning document requirements, does not apply to ships under 500 gross tonnes; (iii) Regulation 5(3) of the Merchant Shipping (Manning) Regulations, 2010, does not require ships under 1,000 gross tonnes to carry a certificated ship’s cook. The Committee recalls that the Convention applies to all ships as defined in Article II, paragraph 1(i), other than those excluded under paragraph 4. Article II, paragraph 5, provides flexibility in the event of doubt as to the application of the Convention to a ship or particular category of ship after consultation with shipowners’ and seafarers’ organizations. Article II, paragraph 6, provides additional flexibility with respect only to the application of “certain details of the Code”, that is Standard and Guidelines, to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, under certain requirements (determination of competent authority in consultation with shipowners’ and seafarers’ organizations; subject matter dealt with differently by national legislation, collective agreements or other measures). Recalling that the Convention does not contain a general or overall exclusion of ships below a certain gross tonnage, the Committee requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all ships within the meaning of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that pursuant to section 61(1) of the Labour Act CAP. L1, 2004, no young person under the age of 15 years shall be employed in any vessel. However section 61(2) allows for exceptions where: (a) the vessel is a school or training vessel and the work on which the young person is employed in: (i) work of a kind approved by the Minister; and (ii) supervised by a public officer or by a public department; or (b) only members of the young person’s family are employed, and section 61(3) states that no young person shall be employed in any vessel other than a vessel in which only persons of his family are employed unless he is in possession of a certificate signed by a registered medical practitioner to the effect that he is fit for the employment or work. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. Observing that the legislation currently in force is not in conformity with the Convention, the Committee requests the Government to provide information on any progress with respect to the amendment of its legislation to ensure full conformity with this provision of the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that pursuant to section 60(4) of the Labour Act CAP. L1, 2004, night work is prohibited to young persons under the age of 16 and pursuant to section 60(5) of the Labour Act CAP L1, the Minister may prescribe, with respect to night work for young persons over the age of 16 years but under the age of 18 years, different intervals for different areas, industries, undertakings or branches of industries or undertakings in consultation with the employers’ and workers’ associations or organizations concerned. The Committee recalls that, according to Standard A1.1, paragraph 2, night work of seafarers under the age of 18 shall be prohibited and that exceptions to the strict compliance with the night work restriction may only be made by the competent authority according to Standard A1.1, paragraph 3. Noting the Government’s indication that this law is under revision, the Committee requests the Government to ensure that the amendment to be adopted will give full effect to the requirement of Standard A1.1, paragraph 3, and ensure that exceptions to night work are only allowed in conformity with the Convention. The Committee requests the Government to provide information on the progress of this amendment.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s indication that it is in the process of adopting regulations on the list of hazardous work in Nigeria which will take into consideration the prohibition of employment of seafarers under 18 where the work is likely to jeopardize their health or safety. The Committee requests the Government to take the necessary measures, without delay, to ensure that the list of types of hazardous child labour is adopted, thereby prohibiting hazardous types of work to young seafarers and to provide information on the progress made in this regard.

Regulation 1.2 and the Code. Medical certificate. The Committee notes that the Merchant Shipping (Medical Examination of Seafarers) Regulations, 2010, is silent with regard to the requirements: (i) that duly qualified practitioners must enjoy full professional independence in exercising their medical judgement in undertaking medical examination procedures (Standard A1.2, paragraph 4); (ii) that the maximum period of validity of the medical certificate for seafarers under the age of 18 is of one year (Standard A1.2, paragraph 7); (iii) that the period of permission to be employed without a valid medical certificate shall not exceed three months and that the seafarer concerned is in possession of an expired medical certificate of recent date (Standard A1.2, paragraph 8); and (iv) that in the circumstance where a certificate expires in the course of a voyage, it shall continue in force until the next port of call, and the period of such permission shall not exceed three months (Standard A1.2, paragraph 9). The Committee requests the Government to indicate the measures adopted or envisaged to give effect to these requirements of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee notes that the example of a seafarer’s employment agreement (SEA) submitted by the Government provides for signatures by the seafarers and the “company’s representative”. It further notes that sections 92(2) and 93 of the Merchant Shipping Act, 2007 refer to an agreement between the master and the seafarer and do not require the SEA to be signed by the shipowner or a representative of the shipowner, without clarifying whether the master acts as a representative of the shipowner. The Committee underlines the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II. In accordance with Standard A2.1, paragraph 1, every seafarer must have an original agreement that is signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer). The Committee requests the Government to indicate how it is ensured that the SEA is signed by the shipowner or shipowner’s representative as required by Standard A2.1, paragraph 1(a). The Committee further requests the Government to clarify whether, in this context, the master acts as a representative of the shipowner and to indicate the relevant provisions.

Regulation 2.1 and Standard A2.1, paragraph 1(c). Seafarers’ employment agreements. Signed original. The Committee notes that section 95(4) of the Merchant Shipping Act, 2007, provides that when the crew is first engaged, an agreement under this section shall be signed in duplicate, and one part retained by the superintendent, and the other shall be delivered to the master and shall contain a special place for the descriptions and signatures of substitutes or persons engaged subsequent to the first departure of the ship. The Committee requests the Government to clarify whether the crew agreement is concluded on an individual basis for each seafarer, and if that is the case, to explain the meaning of section 95 (4) of the Merchant Shipping Act, 2007. Furthermore, recalling that Standard A2.1, paragraph 1(c) provides that the shipowner and seafarer concerned shall each have a signed original of the SEA, the Committee requests the Government to indicate how effect is given to this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ record of employment. The Committee notes that section 110(1) of the Merchant Shipping Act, 2007, provides that, upon discharge of the seafarer before the superintendent, the master shall make and sign, in the prescribed form, a report of the conduct, character and qualifications of the seaman discharged, or may state in the form that he declines to give any opinion upon any or all of the particulars. The Committee recalls that Standard A2.1, paragraph 3, requires that a seafarer’s record of employment or discharge book do not contain any statement as to the quality of the seafarer’s work. The Committee requests the Government to indicate the measures taken to ensure full compliance with this requirement of the Convention and to provide a copy of a seafarer’s record of employment.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the majority of the matters to be included in a SEA listed under Standard A2.1, paragraph 4, are reflected in section 93(3) of the Merchant Shipping Act, 2007. However, it observes that the following particulars listed under Standard A2.1, paragraph 4, of the Convention are not included in the employment agreement requirements provided for under the Merchant Shipping Act, 2007: … (b) the shipowner’s name and address; … (i) the seafarer’s entitlement to repatriation; and (j) reference to the collective bargaining agreement, if applicable. The Committee requests the Government to indicate how it ensures that these matters are also included in SEAs.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreements. Minimum notice period for termination. The Committee observes that the example of SEA provided by the Government states that the minimum notice period to be given by both parties is one month. However, it notes that section 94 of the Merchant Shipping Act, 2007, with respect to termination does not provide for minimum notice periods. The Committee recalls that pursuant to Standard A2.1, paragraph 5, each Member shall adopt laws or regulations establishing minimum notice periods to be given by the seafarers and shipowners for the early termination of a seafarer’s employment agreement. The Committee requests the Government to indicate the measures taken or envisaged to establish minimum notice periods as required by the Convention.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee notes that the Government does not indicate which are the provisions ensuring that any charge for the service of transmitting earnings to seafarers’ families is reasonable in amount and the rate of currency exchange, unless otherwise provided, is, in accordance with national laws or regulations, at the prevailing market rate or the official published rate and not unfavourable to the seafarer. The Committee requests the Government to indicate how effect is given to this requirement of the Convention, in accordance with Standard A2.2, paragraph 5.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours. The Committee observes that section 13 of the Labour Act, CAP. L1, 2004 states that normal hours of work in any undertaking shall be those fixed: (a) by mutual agreement; or (b) by collective bargaining within the organization or industry concerned; or (c) by an industrial wages board (established by or under an enactment providing for the establishment of such boards) where there is no machinery for collective bargaining. While the provisions of the National Joint Industrial Council (NJIC) Collective Agreement on the Conditions of Service of Nigerian Crew for Coastal and Fishing Sectors state that the normal hours of duty shall in no case exceed eight hours per day, from Monday to Friday, the example of SEA provided by the Government states that the salary is based on twelve (12) hours per day, seven days a week on board the designated vessel. The Committee draws the attention of the Government to the need to eliminate any inconsistencies in the applicable provisions so as to ensure full conformity with the Convention and recalls that, under Standard A2.3, paragraph 3, each Member acknowledges that the normal working hours’ standard for seafarers, like that for other workers, shall be based on an eight-hour day with one day of rest per week and rest on public holidays. The Committee therefore requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 2.3 and Standard A2.3, paragraphs 5, 6 and 13. Hours of work and hours of rest. Division of hours of rest. The Committee notes the Government’s indication that the working hours standard is based on the minimum hours of rest requirements. It further notes that section 6(5)(c) of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations, 2010, provides that seafarers receive a minimum of ten hours of rest in any 24-hour period, which may be divided into no more than two periods, one of which shall be at least six hours in length so that the minimum period of rest may be reduced to no less than six consecutive hours on the condition that the reduction does not extend beyond two days and not less than 70 hours of rest is provided for in each seven-day period. The Committee observes that the provisions of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations, 2010, are not in conformity with the Convention as they do not provide for minimum hours of rest which shall not be less than 77 hours in any seven-day period. The Committee therefore requests the Government to indicate the measures taken or envisaged to modify its legislation in order to ensure that effect is given to the requirement of ten hours of rest in any 24-hour period and 77 hours in any seven-day period, stated in Standard A2.3, paragraph 5(b).

Regulation 2.5 and Standard A2.5.1, paragraph 2. Repatriation. Circumstances. Maximum period of service on board. The Committee notes that the existing legislative provisions give effect to Standard A2.5.1, paragraphs 1 and 2(a), on repatriation. The Committee notes however that Article 18.4 of the NJIC Collective Agreement on the Conditions of Service of Nigerian Crew for Coastal and Fishing Sectors provides that a seafarer is entitled to repatriation except when termination of the employment arises: (i) following the misconduct or incompetence of the crew (Clause 17.2(b)); and (ii) following the termination of the employment by the crew with one month’s written notice of termination to the company or the master of the ship (Clause 17.3(a)). The Committee recalls that according to Standard A2.5.1, paragraph 1(b)(ii), seafarers are entitled to repatriation when the seafarer’s employment agreement is terminated by the seafarer for justified reasons. The Committee requests the Government to indicate how it ensures that seafarers are entitled to repatriation in the circumstances foreseen in Standard A2.5.1, paragraph 1(b)(ii).

The Committee further notes that the Government states that the maximum duration of service period on board following which a seafarer is entitled to repatriation is to be less than 12 months without indicating however the relevant legislative provision. The Committee recalls that Standard A2.5.1, paragraph 2(b), provides that national laws or regulations, other measures, or collective bargaining agreements, should prescribe “the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months”. The Committee requests the Government to specify the measures which give effect to Standard A2.5.1, paragraph 2(b).

Regulation 2.5, Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that there are no laws, regulations or other measures prohibiting shipowners from requiring that the seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarer’s wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations (Standard A2.5.1, paragraph 3). The Committee requests the Government to indicate the measures taken or envisaged in order to prohibit any advance payment towards the cost of repatriation by the seafarer and to prevent shipowners from recovering the cost of repatriation, except in the cases provided for under Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and Standard A2.6. Seafarer compensation for the ship’s loss or foundering. In a direct request adopted in 2012 on the application of the Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8) by Nigeria, the Committee noted that section 152(3) of the Merchant Shipping Act of 2007 excludes a seafarer from any entitlement to receive wages in the event of shipwreck if it is proven that the seafarer has not exerted himself to the utmost to save the ship, cargo and stores. The Committee drew the Government’s attention to the fact that such restriction was not authorized by Article 2 of the Convention and requested the Government to amend section 152(3) of the Merchant Shipping Act so as to bring it into full conformity with the requirements of the Convention. Convention No. 8 has been revised by the MLC, 2006, and the content of its Article 2 reflected in Regulation 2.6 and Standard A2.6, paragraph 1, which stipulates that ratifying Members shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering. The Committee recalls that a restriction of the type indicated under section 152(3) of the Merchant Shipping Act is not provided for under Standard A2.6 and, therefore, requests the Government to amend the Act in order to fully comply with the requirements of the Convention.

Regulation 2.7 and Standard A2.7, paragraphs 1 and 3. Manning levels. The Committee notes that some provisions of the Merchant Shipping (Safe Manning and Hours of Work) Regulations, 2010, do not apply to ships under a certain tonnage. The Committee observes that section 2 of the Merchant Shipping (Safe Manning and Hours of Work) Regulations 2010 states that a company to which these Regulations apply shall ensure that in relation to each ship of 500 gross tonnes or more: (a) a safe manning document is in force in respect of the ship and the manning of the ship; (b) the safe manning document is kept on board the ship at all times; and (c) the manning of the ship is maintained at all times to at least the levels specified in the safe manning document. Regulation 5(3) of the Merchant Shipping (Manning) Regulations 2010, provides that a foreign-going ship to which these Regulations apply, which is 1,000 gross tonnes or upwards, shall carry a certificated ship’s cook. The Committee recalls that Regulation 2.7 applies to all ships that fly the flag of a Member and, with respect to the requirement for ships to carry a fully qualified cook, the only exception allowed applies to ships operating with a prescribed manning of less than ten. Referring to its comments under Article II of the Convention, the Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that all ships have a sufficient number of seafarers on board to ensure that ships are operated safely, efficiently and with due regard to security as required by Standard A2.7 of the Convention.

Regulation 3.1 and Standard A3.1. Accommodation and recreational facilities. The Committee notes that Nigeria had ratified the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). The Committee notes the Government’s indication that the provisions of the Merchant Shipping Act, 2007, continue to apply to ships whose keels were laid before 20 August 2013 and that the Merchant Shipping (Crew Accommodation) Regulations, 2010, provide minimum standards for ships whose keels were laid after 20 August 2013 in accordance with the provisions of the MLC, 2006. However, the Committee observes that the provisions of the Merchant Shipping Act, 2007, do not give effect to many of the requirements of Convention No. 133. The Committee recalls that Regulation 3.1, paragraph 2, provides that, for ships constructed before the date of the entry into force of the MLC, 2006, the requirements relating to ship construction and equipment that are set out in Convention No. 133 shall continue to apply to the extent that they were applicable, prior to that date, under the law or practice of the Member concerned. The Committee requests the Government to indicate how it ensures compliance with the requirements of Convention No. 133 for ships that continue to fall under the application of this Convention.

The Committee further notes that the Government has provided no information on how it gives effect to Standard A3.1, paragraph 2(a), establishing that the competent authority, after consulting the shipowners’ and seafarers’ organizations concerned, shall take into account Regulation 4.3 and associated Code provisions on health and safety protection and accident prevention, in light of the specific needs of seafarers that both live and work on board ship. The Committee therefore requests the Government to indicate how its regulations establishing the minimum standards for seafarers’ on-board accommodation and recreational facilities take account of the requirements in Regulation 4.3 and the Code regarding occupational safety and health and accident prevention.

Regulation 3.1 and Standard A3.1, paragraph 9. Sleeping accommodation. The Committee notes the detailed provisions on crew accommodation contained in the Merchant Shipping (Crew Accommodation) Regulations, 2010, and those concerning the minimum floor area for sleeping rooms. However, it observes that the floor area per person does not seem to take into account the different requirements of Standard A3.1, paragraph 9. The Committee further notes that regulation 17(11) of the Merchant Shipping (Crew Accommodation) Regulations, 2010, concerning the minimum size of the beds provided for the crew, is not in conformity with the requirements of Standard A3.1, paragraph 9(e). The Committee requests the Government to indicate how effect is given to the different requirements of Standard A3.1, paragraph 9.

Regulation 3.1 and Standard A3.1, paragraphs 20 and 21. Exemptions in relation to crew accommodation. The Committee notes that several provisions of the Merchant Shipping (Crew Accommodation) Regulations, 2010, provide that certain categories of ships may be exempted from the requirements of these Regulations. The Committee observes that these Regulations allow more specifically exemptions with respect to the requirements of Standard A3.1, paragraphs 6 (headroom), 10 (mess rooms), 11 (sanitary facilities), and 12 (hospital accommodation). The Committee recalls that while certain limited exceptions are permitted under Standard A3.1, paragraph 20, for ships of less than 200 gross tonnage, paragraph 21 makes clear that any exemptions concerning the requirements of Standard A3.1 are limited to those expressly permitted under the Standard and only for certain circumstances. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all exemptions to the application of the Regulations are made within the limitations provided for under Standard A3.1, paragraphs 20 and 21.

Regulation 3.2, paragraph 2. Food free of charge. The Committee notes that regulation 29(1) of the Merchant Shipping (Crew Accommodation) Regulations, 2010, provides that in every ship to which these Regulations apply, not being a ship in which each member of the crew provides his own food, one or more store rooms shall be provided for the storage of dry provisions for the crew. The Committee recalls that, under Regulation 3.2, seafarers on board a ship shall be provided with food free of charge during the period of engagement and that no exception is permitted in this regard. The Committee requests the Government to indicate how it ensures that the requirement of Regulation 3.2, paragraph 2, is given full effect.

Regulation 3.2 and Standard A3.2, paragraph 2(b). Organization and equipment of the catering department. The Committee notes the Government’s indication that the Nigerian Maritime Administration and Safety Agency requires that frequent documented inspections be carried out on board ships, by or under the authority of the master with respect to: (a) supplies of food and drinking water; (b) all space and equipment used for the storage and handling of food and drinking water; and (c) galley and other equipment for the preparation and service of meals. The Committee recalls that this Standard provides that the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions. Observing the absence of information on the provisions that implement this requirement of the Convention, the Committee requests the Government to indicate how effect is given to Standard A3.2, paragraph 2(b).

Regulation 3.2 and Standard A3.2, paragraph 5. Ships operating with a prescribed manning of more than ten to carry a fully qualified cook. The Committee notes that regulation 5(3) of the Merchant Shipping (Manning) Regulations, 2010, provides that a “foreign-going” ship to which these Regulations apply, which is 1,000 gross tonnes or upwards, shall carry a certificated ship’s cook. The Committee recalls that, in accordance with Standard A3.2, paragraph 5, on ships operating with a prescribed manning of less than ten which, by virtue of the size of the crew or the trading pattern, may not be required by the competent authority to carry a fully qualified cook. Recalling its comments under Article II, the Committee requests the Government to indicate the measures taken or envisaged to ensure that all ships operating with a prescribed manning of more than ten carry a fully qualified cook, as required by the Convention.

Regulation 4.1 and Standard A4.1, paragraph 1(c). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. The Committee notes that article 20.1 of the NJIC Collective Agreement on the Conditions of Service of Nigerian Crew for Coastal and Fishing Sectors provides that a member of crew shall be entitled to immediate medical attention when required. The Committee, however, notes that this provision does not specify whether seafarers working on ships flying its flag have the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)). The Committee therefore requests the Government to indicate how effect is given to the requirement of this provision of the Convention.

Regulation 4.2 and Standard A4.2.1, paragraphs 2 and 4. Period of shipowners’ liability. The Committee notes that articles 20 and 21 of the NJIC Collective Agreement on the Conditions of Service of Nigerian Crew for Coastal and Fishing Sectors provide for different periods of liability of the shipowner depending on whether the seafarer is sick or injured. Articles 20 and 21 limit the liability of the shipowner with respect to the expense of medical care and wages: (a) in the case of sickness for up to 60 days after repatriation; and (b) in the case of injury, for so long as medical attention is required or until a medical determination is made. The Committee recalls that Standard A4.2.1, paragraphs 2 and 4, allow national laws or regulations to limit the liability of the shipowner in such cases but specify that the period of shipowners’ liability should “not be less than 16 weeks from the day of the injury or the commencement of the sickness”. The Committee requests the Government to indicate how it ensures that the period of shipowners’ liability, in respect of a seafarer no longer on board, is not less than 16 weeks from the day of the injury or the commencement of the sickness.

Regulation 4.2 and Standard A4.2.1, paragraph 5. Exemptions of shipowners’ liability. The Committee notes that section 183(1) of the Merchant Shipping Act, 2007, provides that where a master, seaman or cadet belonging to a Nigerian ship is hurt or injured in the course of his service on the ship or suffers from any illness, not being an illness due to his own wilful act or default or to his own misbehaviour, the financial consequences of sickness, injury or death occurring in connection with their employment shall be defrayed by the owner of the ship without any deduction on that account from the wages of the master, seaman or cadet. The Committee observes however that the exclusion of the shipowner’s liability in the circumstance of “own misbehaviour” of a master, seaman or cadet is broader than the exemption permitted under Standard A4.2.1, paragraph 5, which refers to “wilful misconduct”. Recalling that Standard A4.2.1, paragraph 5, only excludes the liability of the shipowner if the injury or sickness is due to the “wilful misconduct” of the seafarer, the Committee requests the Government to indicate how it ensures that any exclusion to the shipowner’s liability to bear costs is limited to the cases foreseen in Standard A4.2.1.

Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that section 191(1) of the Merchant Shipping Act, 2007, refers to the powers of the Minister to make regulations for the prevention of accidents, the protection of health in employment and specify measures for the prevention of accidents which are peculiar to maritime employment. Section 191(3) also states that these Regulations shall clearly specify the obligations of the shipowners, seamen and others concerned, to comply with them and for the use of the equipment and safeguards by seamen and a requirement that they comply with the relevant accident prevention measures. Observing that the Government has not provided information on the adoption of any such regulations or other specific measures adopted to implement Standard A4.3 on health and safety protection and accident prevention, the Committee requests the Government to indicate the measures taken or envisaged in this regard.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification of the Convention, Nigeria declared that the branches for which it provides protection in accordance with Standard A4.5, paragraphs 2 and 10, are medical care; sickness benefit; old-age benefit; employment injury benefit; family benefit; maternity benefit and invalidity benefit. The Committee notes the Government’s indication that these benefits are provided for under the NJIC Collective Agreement on the Conditions of Service of Nigerian Crew for Coastal and Fishing Sectors. Observing however that the Government has not indicated the national measures providing the required protection, the Committee requests the Government to provide detailed information on the measures that give effect to the requirements contained in Regulation 4.5 and Standard A4.5.

Regulation 5.2.1. Port State responsibilities. The Committee notes the Government’s indication that Nigeria has adhered to the Abuja Memorandum of Understanding on Port State Control for West and Central Africa (Abuja MoU). The Committee recognizes the value of the coordinated implementation of inspections under port State control at the level of this regional organization and also recalls that national authorities are under the obligation to give full effect to the provisions of the MLC, 2006, in their own legislation. With regard to the establishment of an effective port State control inspection and monitoring system to verify conformity with the requirements of the MLC, 2006, the Committee requests the Government to provide detailed information on the procedures established at the national level to implement its port State responsibilities under the MLC, 2006.

Additional documents requested. The Committee observes that the DMLC, Part II, provided by the Government is a blank form and is not an example of an approved DMLC, Part II, that has been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b), of the Convention. The Committee requests the Government to provide one or more examples of an approved DMLC, Part II.

[The Government is asked to reply in full to the present comments in 2021.]