Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

French Polynesia

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

The Committee notes the reports provided by the Government on the application of maritime Conventions Nos 22 and 69. The Committee notes the Government’s indication that it formally indicated its acceptance of the obligations of the Maritime Labour Convention, 2006, as amended (MLC, 2006) in 2016. The Government adds that it would like appropriate action to be taken on this acceptance, in view of the position of France, which, according to the Government’s indication, does not appear to have yet made the specific declaration provided for in article 35 of the ILO Constitution. The Committee hopes that the necessary steps will be taken to give effect to this request. In order to provide an overview of the issues raised in relation to the application of the Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

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

Articles 3 and 6 of the Convention. Seafarers’ articles of agreement. In its previous comments, the Committee requested the Government to indicate the manner in which compliance with Articles 3 and 6 of the Convention was ensured. The Committee notes that the Government once again refers to section Lp. 1211-1 of the Labour Code, which is not in conformity with the provisions of the Convention, as it provides that the articles of agreement may be drawn up in any form that suits the parties to the contract. The Committee recalls that, under the Convention, the articles of agreement of seafarers shall (1) be signed both by the shipowner and his representative and by the seafarer (Article 3); and (2) contain in all cases the particulars specified in Article 6 of the Convention. The Committee therefore once again requests the Government to indicate the measures adopted to give effect to these provisions of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69)

Articles 3 and 4 of the Convention. Certificate of qualification as ship’s cook. The Committee previously requested the Government to adopt the necessary measures to comply with the provisions of Articles 3 and 4 of the Convention. It notes the Government’s indication in this regard that the Order of 12 August 2015, on the issuing of certificates of qualification as ship’s cook and letters attesting the completion of basic hygiene training, specifies the conditions for obtaining the certificate. The Committee requests the Government to confirm that this Order, adopted by the Government of France, is applicable in French Polynesia.