Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) - Iraq (Ratification: 1985)

The Committee has noted the brief information in the Government's first report.

Article 1 of the Convention. The Committee would be grateful if the Government would indicate whether all sea-going ships for purposes of the Convention are publicly owned and thus covered by Act No. 201 of 1975 (the Civil Marine Service Act). Please indicate whether sea-going tugs are covered by the Act; and whether there are any exceptions in respect of small vessels.

Article 2(a) 1. Please provide a copy of any legislation laying down safety standards in respect of manning.

2. (Conventions included in the Appendix to Convention No. 147 but not ratified by Iraq.)

- Conventions Nos. 55 or 56. The Committee notes that section 69 of Act No. 201 provides that the employing organisation "should" insure against sea-farers' death, sickness and personal accidents; on the other hand, it provides that the employer "shall" bear such expenses in conformity with the insurance certificate or relevant regulations. The Committee would be glad if the Government would indicate whether such insurance is compulsory - in which case it is requested to indicate the manner in which substantial equivalence to Convention No. 56 is ensured - or purely optional - in which case it is requested to indicate the manner in which substantial equivalence to Convention No. 55 is ensured.

- Convention No. 53, Article 4. Please provide details as to the legislation concerning minimum age and a minimum period of professional experience and as to the organisation and supervision of examinations in respect of the officers covered by sections 24-27 and 32-33 of Act No. 201.

- Convention No. 68, Article 5. The Committee notes that section 61 of Act No. 201 refers to a monetary "food allowance". Please indicate the measures taken or proposed as to food supply and catering arrangements on board, regard being had to this Article.

- Convention No. 73. The Committee notes the medical examination requirement in section 8(3) of Act No. 201. Please indicate in particular any measures taken or proposed as to the nature of the examination, its periodicity, and reexamination in case of refusal of a certificate (Articles 4, 5 and 8).

- Convention No. 87. The Committee notes that there appears to be no provision relating to the freedom of association and right to organise of seafarers. Please describe the present position in this respect and indicate any measures taken or proposed, regard being had to the requirements of Convention No. 147.

- Convention No. 134, Articles 4 and 7. Please provide details of any arrangements as to accident prevention in the public sector and in particular on board ship, having regard to these Articles.

Article 2(d). The Committee has noted the Government's reference to complaints in general being made to ships' captains. It would be glad if it would indicate the particular procedures as to complaints about engagement, which should be subject to overall supervision by the competent authority after appropriate tripartite consultation.

Article 2(e). The Committee notes the Government's indication that prior and on-board training is given in conformity with Recommendation No. 137. Please describe the operation of training programmes and indicate the institutions responsible.

Article 2(f). Please describe inspection and other verification arrangements in respect of the standards of the Convention, including details of the inspection staff, numbers and results of inspections made, and penalties imposed.

Article 4. Please include in future reports information as to any developments in respect of action taken on foreign-registered ships in Iraq ports.

Article 5. The Committee recalls the Government's undertaking on ratifying the present Convention, in accordance with paragraph 2 of this Article, to fulfil progressively all the requirements of paragraph 1 which are not yet satisfied. Whilst Iraq is bound by the 1960 International Convention for the Safety of Life at Sea (SOLAS), it appears not yet to be bound by the 1966 Load Lines Convention; nor by either the 1960 Regulations for Preventing Collisions at Sea (COLREG) or the 1972 COLREG Convention. The Committee hopes progress will be made in this respect and that the Government will provide details of steps being taken.