Repatriation of Seamen Convention, 1926 (No. 23) - French Southern and Antarctic Territories

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

The Committee notes the Government’s indication in its reports that, since the implementation of Act No. 2005-412 of 3 May 2005, commercial vessels are registered in the French International Register (RIF) and that therefore only a few fishing boats are still registered in the French Southern and Antarctic Territories (TAAF). It also notes that the TAAF have no permanent population. Thus, the maritime Conventions which are applicable in the TAAF and which do not cover fishing vessels are rendered moot for these territories. The Committee requests the Government to indicate any development to this situation. With regard to the Conventions which apply to fishing vessels, and in order to provide an overview on the issues relating to their application, the Committee considers it helpful to examine them in a single comment as follows.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). Article 2. Statistics and investigations into maritime occupational accidents. The Committee recalls that it previously asked the Government to provide copies of reports of investigations established following maritime occupational accidents, as well as statistics on the number, nature, causes and consequences of occupational accidents on board fishing boats registered in the TAAF. While noting the Government’s reference to the activities of the French Marine Accident Investigation Office (BEAmer), the Committee observes that the BEAmer website indicates that, although it intervenes on the same basis in the overseas departments as in the mainland, the situation is different for the overseas territories, including the TAAF, for which the powers devolved to them are taken into account. The Committee requests the Government to indicate how the BEAmer can intervene in the TAAF and, in all cases, take the necessary measures to ensure that occupational accidents are investigated and properly documented and that detailed statistics on these accidents are established and analysed. It requests the Government to provide information in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to Article 1(2)(f) thereof. In the light of the above, the Committee observes that the Convention is currently without object in the territory of the TAAF and requests the Government to keep the Office informed of any legislative changes made in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indication that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to Article 1(2)(f) thereof. In the light of the above, the Committee observes that the Convention is currently without object in the territory of the TAAF and requests the Government to keep the Office informed of any legislative changes made in this respect.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its last report.

Article 3 of the Convention. The Committee notes that, according to the Provisional Instruction concerning the application to foreign seafarers of the employment conditions in force on board ships registered in the French Southern and Antarctic Territories, the maritime employment contract of a foreign seafarer who is not resident in France may take the form of two separate contracts of a different nature for one and the same seafarer:

(i)  a contract concluded between the shipowner and every seafarer; and

(ii)  a service contract concluded between the shipowner and a foreign company responsible for recruitment of crew.

The Committee also notes that the district court of Saint-Denis (Réunion) is competent to hear individual disputes concerning the employment relationship between shipowner and seafarer, the interpretation of the contract and the action of nullity of contractual clauses.

The Committee requests the Government to specify whether the legislation governing contracts concluded between French seafarers (or those of comparable status) and the shipowner, also applies to contracts of foreign non-resident seafarers who have been recruited in the framework of a service contract concluded between the shipowner and a foreign company responsible for recruitment of crew.

Article 5, paragraph 1. The Committee notes that section 88 of the Maritime Labour Code does not provide for the maintenance of the seafarer up to the time fixed for his departure. The Committee requests the Government to indicate the provisions in national legislation giving effect to this Article of the Convention.

Furthermore, the Committee notes with interest the ratification of the Repatriation of Seafarers Convention (Revised), 1987 (No. 166) for the metropolitan territory.

According to Article 13, Convention No. 166 revises the Repatriation of Seamen Convention, 1926 (No. 23). The ratification of Convention No. 166, however, does not entail the automatic denunciation of Convention No. 23. Should the Government wish to denounce Convention No. 23, it may, at any time, communicate to the Director-General an act of denunciation to that effect.

As far as the French Southern and Antarctic Territories are concerned, the Committee therefore draws the Government’s attention to the possible communication of an act of denunciation of Convention No. 23 and to the possibility to extend the geographic scope of the ratification of Convention No. 166.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee refers to its General Observation for the Territories.

The Committee notes the Government's statement in its first report that the standards contained in the Overseas Labour Code are generally superior to those of the Convention. However, the sections referred to of the Code (namely, sections 129 to 132) do not appear to contain any provision conceived in terms of maritime labour and comparable, for example, to the sections of the Maritime Labour Code under which the Convention appears to be applied in France.

In general, the Committee recalls the opinion contained in Circular No. 46-CT/T30 of 24 January 1955, mentioned by the Government, according to which a general regulation for the overseas departments applicable to seafarers would cover more fully and more satisfactorily all the problems arising out of the employment of seafarers, and that the regulations would be inspired in particular by the relevant international Conventions. The Committee would be grateful if the Government would indicate any measure which has been taken or is envisaged to this effect. It trusts that the Government will include in its next report more detailed information on the way in which Articles 3 to 6 of the Convention are applied in practice. Please indicate the procedures by which the Convention is applied to the repatriation of seafarers, both French and foreign, for which the responsible authorities are aware of the need, if necessary, to advance the expenses of repatriation (Part III of the report form). Please also supply any statistical information which is available in this respect (Part V).

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its General Observation for the Territories.

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

The Committee notes the Government's statement in its first report that the standards contained in the Overseas Labour Code are generally superior to those of the Convention. However, the sections referred to of the Code (namely, sections 129 to 132) do not appear to contain any provision conceived in terms of maritime labour and comparable, for example, to the sections of the Maritime Labour Code under which the Convention appears to be applied in France.

In general, the Committee recalls the opinion contained in Circular No. 46-CT/T30 of 24 January 1955, mentioned by the Government, according to which a general regulation for the overseas departments applicable to seafarers would cover more fully and more satisfactorily all the problems arising out of the employment of seafarers, and that the regulations would be inspired in particular by the relevant international Conventions. The Committee would be grateful if the Government would indicate any measure which has been taken or is envisaged to this effect. It trusts that the Government will include in its next report more detailed information on the way in which Articles 3 to 6 of the Convention are applied in practice. Please indicate the procedures by which the Convention is applied to the repatriation of seafarers, both French and foreign, for which the responsible authorities are aware of the need, if necessary, to advance the expenses of repatriation (Part III of the report form). Please also supply any statistical information which is available in this respect (Part V).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's statement in its first report that the standards contained in the Overseas Labour Code are generally superior to those of the Convention. However, the sections referred to of the Code (namely, sections 129 to 132) do not appear to contain any provision conceived in terms of maritime labour and comparable, for example, to the sections of the Maritime Labour Code under which the Convention appears to be applied in France.

In general, the Committee recalls the opinion contained in Circular No. 46-CT/T30 of 24 January 1955, mentioned by the Government, according to which a general regulation for the overseas departments applicable to seafarers would cover more fully and more satisfactorily all the problems arising out of the employment of seafarers, and that the regulations would be inspired in particular by the relevant international Conventions. The Committee would be grateful if the Government would indicate any measure which has been taken or is envisaged to this effect. It trusts that the Government will include in its next report more detailed information on the way in which Articles 3 to 6 of the Convention are applied in practice. Please indicate the procedures by which the Convention is applied to the repatriation of seafarers, both French and foreign, for which the responsible authorities are aware of the need, if necessary, to advance the expenses of repatriation (Part III of the report form). Please also supply any statistical information which is available in this respect (Part V).