Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8) - Iraq (Ratification: 1966)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006, and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, 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 to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his 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 expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes 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 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that 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 four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (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 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); 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 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006, and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, 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 to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his 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 expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes 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 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that 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 four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (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 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); 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 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

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

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, 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 to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• -Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his 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 expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• -Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• -Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• -Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.
• -Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes 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 in accordance with Article 2(a) of Convention No. 147.
• -Convention No. 87. The Committee wishes to recall that 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 four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (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 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); 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 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2 and 3 of the Convention. Unemployment indemnity in the event of shipwreck. The Committee notes that the Government is still not in a position to report any concrete progress concerning the application of the Convention. It recalls that section 65 of the Labour Code of 1987 (which is reproduced in section 66 of the new draft Labour Code communicated to the Office in July 2010) falls short of the requirement of Article 2 of the Convention for an indemnity against unemployment in the event of shipwreck which may not be less than two months’ wages while the Civil Marine Service Act No. 201 of 1975 is silent on this issue. The Committee also recalls that the same requirement is now reflected in Regulation 2.6 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006), and that therefore the Government would have every interest in aligning its legislation with the provisions of Convention No. 8 in anticipation of the possible ratification of the MLC, 2006. Accordingly, the Committee requests the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service.

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

Articles 2 and 3 of the Convention. Unemployment indemnity in the event of shipwreck. The Committee notes the Government’s succinct report indicating that the points that the Committee has been raising for many years will be dealt with in the context of the new maritime legislation which is currently being drafted. The Committee understands that the Minister of Transportation has approved in May 2010 the final draft of the Maritime Authority Act for the purpose of organizing and developing the maritime sector as well as keeping pace with international standards with regard to safety, environmental protection, and seafarers’ conditions of employment. The Committee also understands that initiatives are under way with a view to rebuilding the Iraqi merchant fleet. The Committee requests the Government to specify how the Committee’s comments in connection with the payment of unemployment indemnity in the event of shipwreck have been reflected in the new maritime legislation. It also requests the Government to transmit a copy of the new maritime legislation once it has been adopted.

Moreover, the Committee recalls that the main provisions of the Convention are now reflected in Regulation 2.6 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006), which requires the payment of compensation in the event of the ship’s loss or foundering not only for the resulting unemployment but also for injury or loss. The Committee considers, therefore, that compliance with Convention No. 8 will facilitate the implementation of the respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 2 and 3 of the Convention. Payment of indemnity against unemployment; Remedies. For many years, the Committee has been pointing out that the provisions of the existing Labour Code No. 71 of 1987 do not give effect to these Articles of the Convention. The Government states that, under the existing Labour Code, the employer shall, in the event of shipwreck of any vessel for unforeseen reasons or in circumstances of force majeure, pay to the workers of the vessel an indemnity against unemployment for the period during which the vessel is wrecked, not exceeding 30 days. Indeed, section 65 of the Labour Code in force provides that, if work has stopped entirely or in part owing to exceptional circumstances or force majeure, the employer shall be required to pay to the workers their wages for the period of stoppage for up to 30 days. Under the Convention, however, seafarers shall be paid, in every case of loss or foundering of their vessel, irrespective of the circumstances, an indemnity against unemployment at the same rate as the wages, which may only be limited to two months. Section 65 of the 1987 Labour Code thus cannot be considered to be in compliance with Article 2 of the Convention.

The Government further indicates that the draft new Labour Code is currently at the stage of being examined in the State Consultative Council in order to finalize the legislative aspects. The Committee therefore requests the Government to make every effort to ensure that, either the necessary amendments to the Labour Code are made or that new relevant legislation is adopted, providing that: (i) in every case of loss or foundering of any vessel, each person employed thereon shall be paid for the days during which he or she remains unemployed, an indemnity against unemployment at the same rate as the wages payable under the contract, although the total indemnity payable to any one seafarer may be limited to two months’ wages (Article 2); and (ii) seafarers have the same remedies for recovering the indemnities as they have for recovering arrears of wages earned (Article 3). The Committee trusts that the Government will take all measures to ensure that full effect is given to Articles 2 and 3 of the Convention, and that it will report on any progress made in its next report.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Articles 2 and 3 of the Convention. For many years, the Committee has been noting that the provisions of the Labour Code do not provide for the application of these Articles of the Convention and it has therefore been drawing the Government’s attention to the need to adopt legislation providing: (a) in accordance with Article 2 of the Convention, that, in every case of loss or foundering of any vessel, each person employed thereon shall be paid an indemnity against unemployment at the same rate as the wages payable under the contract for the days during which they in fact remain unemployed, although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (b) in accordance with Article 3, that seafarers shall have the same remedies for recovering the indemnities as they have for recovering arrears of wages earned. In this regard, the Government states once again in its report that section 150 of the Labour Code provides in a clear manner that, in the absence of an explicit provision in the Labour Code, the provisions of international labour Conventions ratified by Iraq shall apply. It adds that it will endeavour to adopt the necessary legislative measures to dispel any ambiguity in this respect. The Committee notes this information once again. It trusts that, in accordance with the assurances given, the Government will take all the necessary measures to adopt legislation giving full effect to Articles 2 and 3 and that it will provide copies of it in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Articles 2 and 3 of the Convention.  For many years, the Committee has been noting that the provisions of the Labour Code do not provide for the application of these Articles of the Convention and it has therefore been drawing the Government’s attention to the need to adopt legislation providing: (a) in accordance with Article 2 of the Convention, that, in every case of loss or foundering of any vessel, each person employed thereon shall be paid an indemnity against unemployment at the same rate as the wages payable under the contract for the days during which they in fact remain unemployed, although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (b) in accordance with Article 3, that seafarers shall have the same remedies for recovering the indemnities as they have for recovering arrears of wages earned. In this regard, the Government states once again in its report that section 150 of the Labour Code provides in a clear manner that, in the absence of an explicit provision in the Labour Code, the provisions of international labour Conventions ratified by Iraq shall apply. It adds that it will endeavour to adopt the necessary legislative measures to dispel any ambiguity in this respect. The Committee notes this information once again. It trusts that, in accordance with the assurances given, the Government will take all the necessary measures to adopt legislation giving full effect to Articles 2 and 3 and that it will provide copies of it in its next report.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

Articles 2 and 3 of the Convention. For several years the Committee has drawn the Government's attention to the need to adopt legislation providing: (a) under Article 2 of the Convention, that in the event of loss or foundering of a vessel, each person employed thereon shall be paid an indemnity against unemployment for the days during which they remain in fact unemployed at the same rate as the wages payable under the contract, but the total indemnity payable to any one seaman may be limited to two months' wages, and (b) under Article 3 of the Convention, that seamen shall have the same remedies for recovering such indemnities as they have for recovering arrears of wages earned. In its report, the Government indicates that article 150 of the Labour Code provides in a clear and explicit manner that in the absence of a provision in the Labour Code, the provisions of the Conventions of the International Labour Organization, in particular, ratified by Iraq shall be applied. It adds, none the less, that it will strive to take legislative measures to dispel any obscurity in this respect. The Committee notes this information and hopes that the Government will be able, in accordance with the assurances given, to adopt the legal provisions needed to ensure full application of Articles 2 and 3 of the Convention. It hopes that the Government's next report will contain detailed information on progress made in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

1. The Committee has noted the information communicated by the Government, particularly in regard to Article 1(1) of the Convention.

2. Articles 2 and 3 of the Convention. For several years the Committee has drawn the Government's attention to the need to adopt legislation providing: (a) under Article 2 of the Convention, that in the event of loss or foundering of a vessel, each person employed thereon shall be paid an indemnity against unemployment for the days during which they remain in fact unemployed at the same rate as the wages payable under the contract, but the total indemnity payable to any one seaman may be limited to two months' wages, and (b) under Article 3 of the Convention, that seamen shall have the same remedies for recovering such indemnities as they have for recovering arrears of wages earned.

In its report, the Government indicates that article 150 of the Labour Code provides in a clear and explicit manner that in the absence of a provision in the Labour Code, the provisions of the Conventions of the International Labour Organization, in particular, ratified by Iraq shall be applied. It adds, none the less, that it will strive to take legislative measures to dispel any obscurity in this respect.

The Committee notes this information and hopes that the Government will be able, in accordance with the assurances given, to adopt the legal provisions needed to ensure full application of Articles 2 and 3 of the Convention. It hopes that the Government's next report will contain detailed information on progress made in this respect.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. In reply to the Committee's previous comments, the Government indicates that Articles 2 and 3 of the Convention are covered by section 33 of the new Labour Code of 1987 which provides that a worker who goes to his workplace prepared to work and is prevented from doing so by causes beyond his control shall be considered as having worked and be entitled to his wage. While noting this information, the Committee wishes to draw the Government's attention to the fact that under section 65, subsection 1, of the Labour Code of 1987, the obligation placed on employers to pay workers' wages in the event of work being halted totally or partly owing to exceptional circumstances or a case of force majeure is limited to 30 days, whereas Article 2, paragraph 2, of the Convention lays down a minimum of two months' wages.

The Committee therefore hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention in this respect.

2. Furthermore, the Committee notes that under section 7 of the Labour Code of 1987, Arab workers employed in Iraq receive the same treatment as Iraqi workers with regard to the rights and obligations provided for in the Code. In this connection, it recalls that the protection laid down in the Convention applies, by virtue of Article 1, paragraph 1, to all persons employed on any vessel engaged in maritime navigation, irrespective of their nationality. The Committee therefore asks the Government in its next report to indicate the measures that have been taken or are envisaged to ensure that the Convention applies to non-Arab foreign seafarers employed on vessels engaged in maritime navigation flying the Iraqi flag, with the exception of warships.

Observation (CEACR) - adopted 1987, published 74th ILC session (1987)

For a number of years now the Committee has been drawing the Government's attention to the need to adopt legislation prescribing: (a) in conformity with Article 2 of the Convention, that all persons employed on board a vessel shall be entitled in case of loss or foundering of a vessel to an indemnity fixed at the same rate as the wages payable under their contract provided that the total indemnity payable to each seaman may be limited to two months' wages; (b) in accordance with Article 3 of the Convention, that this indemnity will be given the same guarantees as arrears of wages, and that seamen shall have the same remedies for recovering such indemnity as they have for recovering arrears of wages.

In its report, the Government refers once again to section 19 of the Labour Code of 1970, which is applicable to all questions not covered by Law No. 201 of 1975, regarding the Civil Marine Service. According to the Government, shipwreck is regarded as being similar to an involuntary stoppage of work and consequently seamen do not risk being umemployed in the event of shipwreck and are regarded as continuing the work and receive their full wages. This is applied in practice by the authorities responsible for seamen in the public and private sectors, ensuring that effect is given to the provisions of the Convention.

The Committee notes this information; however, it draws the Government's attention to the fact that under section 69(b) of the Labour Law, the indemnity due for partial or total stoppage of work for an emergency or force majeure is limited to two weeks' salary, contrary to the provisions of Article 2, paragraph 2 of the Convention which provide for a minimum of two months. The Committee therefore hopes that the necessary measures will be taken to give full effect to Articles 2 and 3 of the Convention.