Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the Government’s report on the application of the Convention.

Article 2(a) of the Convention. Substantial equivalence. In its most recent report, the Government indicates that Iraq has not ratified Conventions Nos 53, 56, 68, 73 and 134. The Committee wishes to point out that, in accordance with Article 2(a) 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. In the case of Iraq, the Government is obliged to satisfy itself that national laws or regulations are substantially equivalent to Conventions Nos 53 (Articles 3 and 4); 56, 73 and 134 (Articles 4 and 7); and also to satisfy itself that, unless the relevant shipboard living arrangements are covered by collective agreements, national legislation is substantially equivalent to Convention No. 68 (Article 5).

Article 2(a). Conventions listed in the appendix to Convention No. 147, but not ratified by Iraq:

–      Convention No. 56. The Committee recalls that, for the purposes of substantial equivalence with Convention No. 56, there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for seafarers or their 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 primes of the scheme (Article 8). The Committee notes the clarification provided by the Tripartite Consultation Committee that measures ensuring compliance with Convention No. 56 do not fall under the scope of the Ministry of Labour but rather within the remit of the Ministry of Transport, which has already been approached. The Committee therefore hopes that the Government will soon be in a position to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 56 and to provide copies of the respective laws or regulations.

–      Convention No. 73. The Committee recalls that the requirement of substantial equivalence in respect of Convention No. 73 may be met where there are laws or regulations providing for compulsory regular medical examinations for seafarers, preferably every two years (six years in respect of colour vision), but more frequently than every five years; the certificate issued should attest to fitness in respect of hearing and sight and, where necessary in the deck department, colour vision, and should attest that no disease incompatible with service at sea or likely to endanger the health of others is suffered; there should preferably be arrangements for re-examination in case of refusal of certificate. The Government indicates that measures ensuring compliance with Convention No. 73 fall within the remit of the Ministry of Transport. The Committee hopes that the necessary efforts will soon be made to ensure that specific provisions substantially equivalent to Convention No. 73 are adopted; the Committee asks the Government to provide a copy of the relevant applicable laws or regulations.

–      Convention No. 134 (Articles 4 and 7). The Committee notes that measures ensuring compliance with these provisions of Convention No. 134 fall within the remit of the Ministry of Transport. The Committee hopes that the Government will soon be in a position to indicate, for the purposes of substantial equivalence with Convention No. 134, the specific provisions of the national laws or regulations dealing with the nine subjects listed in Article 4(3) and providing for the appointment of one or more crew members as responsible for accident prevention under Article 7.

–      Convention No. 68 (Article 5). The Committee recalls that, for the purposes of substantial equivalence with Convention No. 68: (i) food and water supplies, having regard to the size of the crew and the duration and nature of the voyage, should be suitable in respect of quantity, nutritive value, quality and variety; and (ii) the catering department in every vessel should be arranged and equipped in such a manner as to permit the service of proper meals to crew members. The Government indicates that measures ensuring compliance with this provision of Convention No. 68 fall within the remit of the Ministry of Transport. The Committee hopes that, unless the issue is covered by collective agreements, the necessary efforts will soon be made, to indicate the specific provisions in national laws or regulations substantially equivalent to Article 5 of Convention No. 68 and to provide copies of the respective legislation.

–      Convention No. 53 (Articles 3 and 4). The Committee notes that measures ensuring compliance with these provisions of Convention No. 53 fall within the remit of the Ministry of Transport. The Committee hopes that the Government will soon be in a position to indicate the specific provisions of the national legislation which establish 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 for the purposes of Article 2(a)(i).

–      Convention No. 87. The Committee recalls that the essence of Convention No. 87 is freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize. 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 basic guarantees of: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2); (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); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4); 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), such federations and confederations having the same rights as their constituent organizations (Article 6).

        In its previous reports, the Government had indicated that seafarers are considered as civil servants rather than workers. In its latest report, however, the Government refers to the Trade Union Organization Act No. 52 of 1987, which only applies to private, mixed and cooperative sectors. The Committee requests the Government to clarify the status of seafarers (civil servants or workers) and to indicate the specific provisions in national legislation that are substantially equivalent to Convention No. 87. It further asks the Government to provide a copy of these laws or regulations. With respect to the Government’s indication that the new draft Labour Code took into account the relevant provisions of Convention No. 87, the Committee asks the Government to supply a copy of the draft Labour Code and provide information on any further developments regarding its adoption.

Article 2(a)(i). Standards of manning. In the absence of relevant information, the Committee recalls that the essential requirement of Article 2(a)(i) in respect of standards of manning is that ships should be sufficiently manned to ensure the safety of life on board. The Committee hopes that the Government will soon be in a position to ensure that national laws or regulations laying down safety standards in respect of manning are adopted. Please report on any progress made in this respect.

Article 2(f). The Committee again asks the Government to describe the inspection or other arrangements which exist to verify compliance with the national laws or regulations required under Article 2(a), applicable collective agreements and ratified international labour Conventions. Please also give details of the functioning of these arrangements such as size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed, etc.

Furthermore, the Committee invites the Government to consider the possibility of ratifying the Maritime Labour Convention, 2006, which is the up to date international instrument in the field and whose ratification would result in the automatic denunciation of the present Convention. The Committee would be grateful if the Government would provide information in its next report on consultations which have been held on this matter.