Accommodation of Crews Convention (Revised), 1949 (No. 92) - Iraq (RATIFICATION: 1977)

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The Committee notes the Government’s reports on Conventions Nos 22, 23, 92, 146 and 147. In order to provide a comprehensive view of the issues relating to the application of these maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as set out below.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006) classified Conventions Nos 22, 23, 92, 146 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos 22, 23, 92 and 146 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by Conventions Nos 22, 23, 92, 146 and 147. The Committee notes the Government’s indication that it is in favour of ratifying the MLC, 2006 and that several meetings were held on issues relating to this process with the participation of the General Federation of Workers’ Unions in Iraq and the Iraqi Federation of Industries. The Committee therefore requests the Government to provide information on any progress made towards the ratification of the MLC, 2006 and reminds it of the possibility to avail itself of the technical assistance of the Office.

Impact of the COVID-19 pandemic. The Committee notes with  deep concern  the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Conventions.  In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Articles 3–14 of the Convention. Seafarers’ employment agreements and record of employment. The Committee requested the Government to indicate the measures adopted to give effect to these requirements of the Convention. The Committee notes the Government’s indication that there is a signed agreement between the State Company for Maritime Transport and the seafarers working on board its ships providing seafarers with decent working and living conditions on board ship and giving full effect to the Convention. While noting this information, the Committee requests the Government to clarify whether the Maritime Civil Service Act of 1975 is still in force, thereby giving to seafarers the status of public employees engaged on a permanent basis. It further requests the Government to indicate the specific provisions that ensure compliance with the different Articles of the Convention for all seafarers working on board its ships.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 5. Repatriation expenses. The Committee requested the Government to specify the laws and regulations implementing Article 5 of the Convention ensuring that the repatriation expenses are paid to all seafarers irrespective of whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s statement that the State Company for Maritime Transport is committed to the right of seafarers to repatriation upon completion of their period of service aboard ship or in the event of sickness, termination of their employment with the contracting company, injury or death during the course of work. P&I Insurance Club covers the expenses of repatriation of seafarers injured as a result of accidents. While noting this information, the Committee requests the Government to indicate the relevant legislative provisions giving effect to Article 5 of the Convention.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Articles 3 and 6–17. Implementing legislation. Crew accommodation requirements. Noting the absence of legislation giving effect to Articles 3 and 6–17 of the Convention, the Committee requested the Government to adopt the necessary measures in this regard. In the absence of new information, the Committee requests the Government to adopt the necessary measures, without delay, taking into account its previous comment on this matter.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146)

Application of the Convention. The Committee requested the Government to take steps to implement the obligations under Articles 3–12 of the Convention. The Committee notes the Government’s indication that the State Company for Maritime Transport grants persons working on board its ships paid annual leave under appropriate conditions, in accordance with the annual leave regulations under the international Code, which applies to seafarers working on board its ships, taking into consideration the special needs of seafarers with regard to such leave and that this matter is implemented in full. In the absence of specific reference to new legislative provisions, the Committee once again requests the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to the following provisions of the Convention: Article 4 (proportionate leave if length of service is insufficient for full entitlement), Article 6 (justified absence from work and temporary shore leave not to be counted in the minimum annual leave), Article 8 (annual leave in principle consisting of an uninterrupted period), Article 10 (return to the place of engagement or recruitment at the employer’s cost) and Article 11 (prohibition of agreement to relinquish the right to annual leave) of the Convention. The Committee also requests the Government to consider appropriate action to ensure that seafarers employed on board privately owned vessels enjoy the coverage of Article 3 (30-day annual leave), Article 6 (public holidays and periods of incapacity for work not to be counted as annual leave), Article 8 (division of leave into parts and accumulation of leave) and Article 10 (free transportation to place of engagement or recruitment) of the Convention as the existing Labour Code does not appear to give effect to any of these provisions.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

The Committee previously requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention is ensured in law and practice. This obligation, in the case of Iraq, relates to the following Conventions: the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements. The Committee notes the Government’s indication that the State Company for Maritime Transport relies on laws and regulations pertaining to global safety standards, including standards of competency and hours of work. The Committee requests the Government to provide information on the matters raised in its previous comment with respect to the implementation of Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. Noting that the absence of new information in this respect, the Committee once again requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. Noting the absence of new information in this respect, the Committee once again requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable to collective agreements and ratified international labour Conventions.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. 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 matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1997 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his family at the national going rate for at least 26 weeks (Articles 2 and 4); medical benefit (Article 3); maternity benefit (Article 5); and death or survivor’s benefit (Article 6); benefits should cover the normal interval between engagements (Article 7); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements in respect of the education of officers, prescribe requirements in respect of a minimum period of professional experience, and provide for the organization and supervision of examinations, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in respect of seafarers on ships registered in the national territory of the following four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (ii) those organizations should have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); and (iv) the organizations should have the right to establish and join federations and confederations and affiliate with international organizations of workers and employers (Article 5 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. 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 matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his family at the national going rate for at least 26 weeks (Articles 2 and 4); medical benefit (Article 3); maternity benefit (Article 5); and death or survivor’s benefit (Article 6); benefits should cover the normal interval between engagements (Article 7); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements in respect of the education of officers, prescribe requirements in respect of a minimum period of professional experience, and provide for the organization and supervision of examinations, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in respect of seafarers on ships registered in the national territory of the following four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (ii) those organizations should have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); and (iv) the organizations should have the right to establish and join federations and confederations and affiliate with international organizations of workers and employers (Article 5 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. 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 matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his family at the national going rate for at least 26 weeks (Articles 2 and 4); medical benefit (Article 3); maternity benefit (Article 5); and death or survivor’s benefit (Article 6); benefits should cover the normal interval between engagements (Article 7); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements in respect of the education of officers, prescribe requirements in respect of a minimum period of professional experience, and provide for the organization and supervision of examinations, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in respect of seafarers on ships registered in the national territory of the following four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (ii) those organizations should have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); and (iv) the organizations should have the right to establish and join federations and confederations and affiliate with international organizations of workers and employers (Article 5 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. 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 matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his family at the national going rate for at least 26 weeks (Articles 2 and 4); medical benefit (Article 3); maternity benefit (Article 5); and death or survivor’s benefit (Article 6); benefits should cover the normal interval between engagements (Article 7); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements in respect of the education of officers, prescribe requirements in respect of a minimum period of professional experience, and provide for the organization and supervision of examinations, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in respect of seafarers on ships registered in the national territory of the following four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (ii) those organizations should have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); and (iv) the organizations should have the right to establish and join federations and confederations and affiliate with international organizations of workers and employers (Article 5 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. 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 matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his family at the national going rate for at least 26 weeks (Articles 2 and 4); medical benefit (Article 3); maternity benefit (Article 5); and death or survivor’s benefit (Article 6); benefits should cover the normal interval between engagements (Article 7); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements in respect of the education of officers, prescribe requirements in respect of a minimum period of professional experience, and provide for the organization and supervision of examinations, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in respect of seafarers on ships registered in the national territory of the following four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (ii) those organizations should have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); and (iv) the organizations should have the right to establish and join federations and confederations and affiliate with international organizations of workers and employers (Article 5 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

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The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. 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 matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• -Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his family at the national going rate for at least 26 weeks (Articles 2 and 4); medical benefit (Article 3); maternity benefit (Article 5); and death or survivor’s benefit (Article 6); benefits should cover the normal interval between engagements (Article 7); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• -Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• -Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• -Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.
• -Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements in respect of the education of officers, prescribe requirements in respect of a minimum period of professional experience, and provide for the organization and supervision of examinations, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• -Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in respect of seafarers on ships registered in the national territory of the following four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (ii) those organizations should have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); and (iv) the organizations should have the right to establish and join federations and confederations and affiliate with international organizations of workers and employers (Article 5 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

[The Government is asked to reply in detail to the present comments in 2016.]

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Articles 3 and 6–17 of the Convention. Implementing legislation. Crew accommodation requirements. The Committee recalls its previous comments in which it noted the lack of laws or regulations implementing the specific technical requirements of Part III of the Convention. As the Committee has pointed out, section 70 of the Civil Marine Service Act No. 201 of 1975 only requires in general terms the provision of necessary lodgings for the accommodation of seafarers as well as the supply of furniture and necessary conveniences, while the Instructions No. 22 of 1987, which have been issued under sections 152 and 108 of the Labour Code, are not specific to the maritime sector and give only partial effect to some of the requirements of the Convention. The Committee requests once again the Government to formulate and adopt in a timely manner laws or regulations giving full effect to the provisions of the Convention concerning, in particular, construction and design (Article 6), ventilation (Article 7), heating (Article 8), lighting (Article 9), sleeping rooms (Article 10), mess rooms (Article 11), recreational facilities (Article 12), sanitary accommodation (Article 13) and hospital accommodation (Article 14). In addition, the Government is requested to keep the Office informed of any further developments regarding the programme for the rebuilding of a merchant fleet and the establishment of a maritime authority, following the approval in May 2010 of the final draft of the Maritime Authority Act.

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Article 3 of the Convention. Crew accommodation on board. Further to its previous comment, the Committee notes the Government’s renewed reference to section 70 of the Maritime Civil Act No. 201 of 1975 which deals with the accommodation of seafarers and officers on board publicly-owned vessels in very general terms. It also notes the Government’s statement that amendments to the Maritime Civil Service Act may be considered as soon as possible in order to implement the requirements of the Convention. The Committee is obliged to recall, in this regard, that section 70 of the Act does not suffice to ensure compliance with the detailed technical standards set out in the Convention and that specific laws or regulations need to be adopted to give effect to the provisions among others concerning construction and design (Article 6); ventilation (Article 7); heating (Article 8); lighting (Article 9); sleeping rooms (Article 10); mess rooms (Article 11); recreational facilities (Article 12); sanitary accommodation (Article 13); and hospital accommodation (Article 14). While noting that the Government has recently launched a programme for the rebuilding of a merchant fleet and also noting that a draft Maritime Authority Act has been approved for the development of the maritime sector, the Committee requests the Government to indicate any concrete measures taken or envisaged with a view to regulating crew accommodation on board ships in accordance with the requirements of the Convention.

Finally, the Committee recalls that most of the provisions of this Convention have been consolidated in Regulation 3.1, Standard A3.1 and Guideline B3.1 of the Maritime Labour Convention, 2006 (MLC, 2006), and therefore ensuring compliance with Convention No. 92 will facilitate the implementation of the corresponding requirements of the MLC, 2006. The Committee accordingly invites the Government to consider the possibility of ratifying the MLC, 2006 in the very near future and to keep the Office informed of any decision taken in this respect.

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The Committee notes the Government’s report on the application of the Convention, received in 2008. While in its previous reports the Government had indicated that the Maritime Civil Service Act No. 201 of 1975 was the relevant legislation regarding accommodation of crews, in its latest report the Government points to the Labour Code as the relevant legislation in the maritime sector, at least as regards the private, mixed or cooperative sectors. The Committee requests the Government to confirm: whether the Maritime Civil Service Act No. 201 of 1975 is still in force regulating the crew accommodation on board publicly owned vessels; and whether the crew accommodation on board vessels of the private, mixed or cooperative sectors is regulated by Labour Code No. 71 of 1987 and Instructions No. 22 of 1987 issued thereunder.

If the Labour Code is the relevant legislation applicable to vessels of the private, mixed and cooperative sectors, and in view of the present efforts to draft a new Labour Code, the Committee draws the Government’s attention to the following shortcomings.

Articles 4, 14 and 18 of the Convention. The Labour Code and Instructions No. 22 of 1987 issued hereunder do not appear to contain provisions implementing these Articles of the Convention, and the Government has not provided any information regarding their application. The Committee therefore requests the Government to indicate the legislative and other measures taken or envisaged to give effect to Article 4 (ship plans); Article 14 (hospital accommodation); and Article 18 (existing ships).

Article 5. Inspection. Section 139 of the Labour Code merely enumerates the matters over which labour courts have jurisdiction. The Code and the related Instructions No. 22 of 1987 do not appear to contain further, more detailed provisions on the subject. The Committee requests the Government to indicate by what means it is ensured that, on every occasion when: (a) a ship is registered or re-registered; (b) the crew accommodation of a ship has been substantially altered or reconstructed; or (c) complaint has been made to the competent authority by a union or by a prescribed number of crew members, the competent authority inspects the ship as to compliance with relevant laws and regulations.

Article 6. Construction and design. According to section 5(2) of Instructions No. 22 of 1987, which rather apply to the workspaces of an enterprise than spaces for living (accommodation) on ships, the employer shall provide the workers with convenient spaces where they can rest and have their meals. Those spaces shall be adequately equipped with means of comfort and hygiene such as air conditioning and ventilation, heating, seats and berths. Section 5(10) provides that the employer shall foresee all appropriate fire-fighting equipment and keep all inflammable and explosive substances away from heating facilities and heat in general. Section 5(15) and (16) provides that the employer shall take measures to avoid vibrations and diminish noise in the workspaces so that the noise level does not exceed 85db.

These provisions in the Instructions only partially address the provisions in paragraphs 1 and 8 of this Article. The Committee requests the Government to indicate the legislative measures taken or envisaged to give full effect to the requirements of Article 6.

Article 7. Ventilation. Section 5(2) of Instructions No. 22 of 1987 appears to partly give effect to paragraph 1 of this Article. The Committee requests the Government to adopt national laws or regulations to ensure conformity with the requirements of Article 7.

Article 8. Heating. Section 5(2) and (10) of Instructions No. 22 of 1987 only partially address the provisions in paragraphs 1 and 6 of this Article. The Committee asks the Government to take the necessary legislative measures to give full effect to all requirements of Article 8.

Article 9. Lighting. In addition to section 5(2) of Instructions No. 22 of 1987, section 5(16) specifies that the employer shall foresee sufficient natural or artificial lighting according to the type of work and take all necessary measures to avoid shadow areas. Paragraph 1 of this Article, however, requires the provision of both proper natural and adequate artificial light. The Committee therefore requests the Government to adopt national laws or regulations, in order to ensure compliance with all requirements of Article 9.

Article 10. Sleeping rooms. In addition to section 5(2) of Instructions No. 22 of 1987, section 5(3) provides that the employer shall foresee separate cloakrooms for male and female workers that shall be equipped with wardrobes, and section 5(19) requires a minimum headroom. These provisions do not suffice to give effect to the detailed requirements of this Article. The Committee therefore requests the Government to take the necessary legislative measures to ensure that full effect is given to the requirements of Article 10. Please also furnish particulars on the minimum headroom prescribed in section 5(19), which, according to the Convention, shall not be less than 190 cm.

Article 11. Mess rooms. Further to section 5(2) of Instructions No. 22 of 1987, section 5(5) provides that the employer shall foresee clean and hygienic drinking water that is cooled in the summer. These provisions appear to partly give effect to paragraphs 1 and 6 of this Article. The Committee requests the Government to indicate the legislative measures taken or envisaged to ensure compliance with all the remaining requirements of Article 11.

Article 12. Recreation accommodation. Section 5(2) of Instructions No. 22 of 1987 only partially addresses the provisions of this Article. The Committee asks the Government to adopt national laws or regulations giving full effect to the requirements of Article 12.

Article 13. Sanitary accommodation. According to section 5(4) of Instructions No. 22 of 1987, the employer shall provide bathrooms, sinks and water closets according to the number of male and female workers of the enterprise. This provision appears to address to some extent in paragraph 1, but does not suffice to give effect to the detailed requirements of this Article. The Committee therefore requests the Government to take the necessary legislative measures to ensure that full effect is given to the provisions of Article 13.

Article 15. Cloakrooms, screens and blinds. Section 5(3) of Instructions No. 22 of 1987 provides that the employer shall foresee separate cloakrooms for male and female workers that shall be equipped with wardrobes. This provision partially addresses the provisions of paragraph 1 of this Article. The Committee asks the Government to indicate the legislative measures taken or envisaged to ensure full compliance with the requirements of Article 15.

Article 17. Maintenance and weekly inspection. Section 5(9) of Instructions No. 22 of 1987 provides that the employer shall maintain the workspaces in the enterprise in a clean condition. According to section 4(3)(b)(ii), the designated worker or committee responsible for safety and health matters shall organize regular inspections of all workplaces of the enterprise and draw attention to any hazards. Since the Instructions issued under the Labour Code solely concern workspaces, these provisions cannot be considered as giving full effect to Article 17, which requires the inspection of crew accommodation and the recording of the results of inspections. The Committee therefore asks the Government to take the necessary legislative measures to ensure full compliance with the provisions of Article 17.

If the Maritime Civil Service Act is the relevant legislation applicable to publicly owned vessels, the Committee draws the Government’s attention to the following points.

Articles 3–5, 17 and 18. The Maritime Civil Service Act contains no provisions implementing these Articles of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to give effect to the provisions concerning the inspection system and penalties (Article 3); ship plans (Article 4); inspections following registration, alteration or complaint (Article 5); maintenance and weekly inspection (Article 17); and existing ships (Article 18).

Articles 6–15. Section 70 of the Maritime Civil Service Act generally requires the provision of necessary lodgings for the accommodation of seafarers and to supply them with furniture and necessary conveniences. This provision, however, does not suffice to ensure compliance with the detailed requirements of the Convention. The Committee requests the Government to adopt national laws or regulations giving full effect to the requirements concerning construction and design (Article 6); ventilation (Article 7); heating (Article 8); lighting (Article 9); sleeping rooms (Article 10); mess rooms (Article 11); recreation accommodation (Article 12); sanitary accommodation (Article 13); hospital accommodation (Article 14); and cloakrooms, screens and blinds (Article 15).

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

The Committee has been pointing out for several years that while some legislation exists referring in general terms to inspection in the Civil Marine Service and dealing with some specific aspects of working conditions, there appear to be no detailed laws and regulations applying the Convention. The Committee notes that the Government’s latest report provides no further elements in response to its previous comments. The Committee recalls that under Article 3, paragraph 1, of the Convention a ratifying Member undertakes to maintain laws or regulations which ensure the application of the provisions of Part II (Planning and control of crew accommodation), Part III (Crew accommodation requirements) and Part IV (Application of Convention to existing ships) of the Convention. The Committee again expresses the hope that the Government will take the necessary measures in law and practice to apply the Convention.

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

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The Committee has been pointing out for several years that while some legislation exists referring in general terms to inspection in the Civil Marine Service and dealing with some specific aspects of working conditions, there appear to be no detailed laws and regulations applying the Convention. The Committee notes that the Government's latest report provides no further elements in response to its previous comments. The Committee recalls that under Article 3, paragraph 1, of the Convention a ratifying Member undertakes to maintain laws or regulations which ensure the application of the provisions of Part II (Planning and control of crew accommodation), Part III (Crew accommodation requirements) and Part IV (Application of Convention to existing ships) of the Convention. The Committee again expresses the hope that the Government will take the necessary measures in law and practice to apply the Convention.

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

The Committee has noted the Government's replies to its previous comments. It notes that Instructions No. 22 of 1987 concerning safety and health at work do not seem to apply to ships, since they do not relate to the public sector. It recalls that, while there is some legislation referring in general terms to inspection in the Civil Marine Service and dealing with some specific aspects of working conditions, there appear to be no detailed laws and regulations as required by Article 3 of the Convention ensuring the application of Parts II (Planning and Control of Crew Accommodation), III (Crew Accommodation Requirements) and IV (Application of Convention to Existing Ships). The Committee fully appreciates the efforts made by the competent maritime administration, as mentioned in the report. However, it would hope that the Government will envisage taking the necessary legislative and practical measures -- perhaps with the benefit of the ILO's technical advice -- in order to apply the Convention in full. It hopes the next report will include details of the steps taken or proposed to this effect.

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

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The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

The Committee has noted the Government's replies to its previous comments. It notes that Instructions No. 22 of 1987 concerning safety and health at work do not seem to apply to ships, since they do not relate to the public sector. It recalls that, while there is some legislation referring in general terms to inspection in the Civil Marine Service and dealing with some specific aspects of working conditions, there appear to be no detailed laws and regulations as required by Article 3 of the Convention ensuring the application of Parts II (Planning and Control of Crew Accommodation), III (Crew Accommodation Requirements) and IV (Application of Convention to Existing Ships). The Committee fully appreciates the efforts made by the competent maritime administration, as mentioned in the report. However, it would hope that the Government will envisage taking the necessary legislative and practical measures - perhaps with the benefit of the ILO's technical advice - in order to apply the Convention in full. It hopes the next report will include details of the steps taken or proposed to this effect.

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The Committee has noted the Government's replies to its previous comments. It notes that Instructions No. 22 of 1987 concerning safety and health at work do not seem to apply to ships, since they do not relate to the public sector. It recalls that, while there is some legislation referring in general terms to inspection in the Civil Marine Service and dealing with some specific aspects of working conditions, there appear to be no detailed laws and regulations as required by Article 3 of the Convention ensuring the application of Parts II (Planning and Control of Crew Accommodation), III (Crew Accommodation Requirements) and IV (Application of Convention to Existing Ships). The Committee fully appreciates the efforts made by the competent maritime administration, as mentioned in the report. However, it would hope that the Government will envisage taking the necessary legislative and practical measures - perhaps with the benefit of the ILO's technical advice - in order to apply the Convention in full. It hopes the next report will include details of the steps taken or proposed to this effect.