Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

French Polynesia

Seamen's Articles of Agreement Convention, 1926 (No. 22) (Ratification: 1974)
Certification of Ships' Cooks Convention, 1946 (No. 69) (Ratification: 1974)

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3 and 6. Seafarers’ articles of agreement. The Committee notes that the Government refers in its report to Act No. 2011-15 of 4 May 2011 codifying labour law, as amended, particularly section Lp. 7511-1 and the subsequent sections on sea fishers on board vessels equipped for professional fishing. The Committee recalls that the Convention does not apply to fishing vessels (Article 1(2)(f)). In the absence of specific provisions on seafarers’ employment contracts, section Lp. 1211-1 applies. This section establishes that employment contracts may be drawn up in any form that suits the parties. Recalling that the Convention establishes that seafarers’ articles of agreement shall be signed both by the shipowner or his representative and by the seafarer (Article 3) and that the agreement shall in all cases contain the particulars set forth in Article 6 of the Convention, the Committee requests the Government to indicate how compliance with these provisions is ensured.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. Certificate of qualification as ship’s cook. Referring to its previous comments, the Committee notes the Government’s indication in its report that the training given by the French Polynesian Centre for Maritime Occupations only meets the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), and does not cover the certification of ships’ cooks. The Committee requests the Government to take the necessary steps to ensure that nobody can be engaged as a ship’s cook on board a vessel covered by the Convention unless that person holds a certificate of qualification, issued in accordance with the provisions of the Convention. It requests the Government to supply information on the measures taken in this respect. The Committee takes this opportunity to draw the Government’s attention to the “Guidelines on the training of ships’ cooks” adopted by a meeting of experts held in September 2013 further to a decision of the ILO Governing Body.