Placing of Seamen Convention, 1920 (No. 9) - 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 this Convention is revised by the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), which was ratified by France in 2004. It also recalls that, in accordance with Article 9(4) of Convention No. 179, the ratification by France constituted an act of immediate denunciation of the Placing of Seamen Convention, 1920 (No. 9). However, neither at the time of communicating the instrument of ratification of Convention No. 179 on 27 April 2004 nor at any time thereafter has the Government expressed its intention to extend the application of that Convention to the French Southern and Antarctic Territories (TAAF) – as it had done by letter dated 9 March 1990 with respect to Convention No. 9. The Committee therefore notes that the Government is still formally bound by Convention No. 9 in respect of the TAAF, which is all the more unfortunate as the only ships currently registered in the TAAF are fishing vessels that fall outside the scope of application of the Convention (as decided by the International Labour Conference in 1920). In the light of the preceding remarks, and also noting that Convention No. 179 offers the possibility to extend its coverage to fishers, the Committee encourages the Government to consider the possibility of extending the application of ratified Convention No. 179 to the TAAF, which would formally terminate its obligations under Convention No. 9 with respect to that non metropolitan territory. The Committee requests the Government to keep the Office informed of any decision taken 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 this Convention is revised by the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), which was ratified by France in 2004. It also recalls that, in accordance with Article 9(4) of Convention No. 179, the ratification by France constituted an act of immediate denunciation of the Placing of Seamen Convention, 1920 (No. 9). However, neither at the time of communicating the instrument of ratification of Convention No. 179 on 27 April 2004 nor at any time thereafter has the Government expressed its intention to extend the application of that Convention to the French Southern and Antarctic Territories (TAAF) – as it had done by letter dated 9 March 1990 with respect to Convention No. 9. The Committee therefore notes that the Government is still formally bound by Convention No. 9 in respect of the TAAF, which is all the more unfortunate as the only ships currently registered in the TAAF are fishing vessels that fall outside the scope of application of the Convention (as decided by the International Labour Conference in 1920). In the light of the preceding remarks, and also noting that Convention No. 179 offers the possibility to extend its coverage to fishers, the Committee encourages the Government to consider the possibility of extending the application of ratified Convention No. 179 to the TAAF, which would formally terminate its obligations under Convention No. 9 with respect to that non-metropolitan territory. The Committee requests the Government to keep the Office informed of any decision taken in this respect.

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

Further to its general observations of 1990 and previous years, concerning the communications from the National Federation of Maritime Trade Unions (FNSM) commenting, inter alia, on the application of Convention No. 9 in the French Southern and Antarctic Territories (TAAF), the Committee notes the Government's report for the period ending 30 June 1992. It also notes the new observations made by the FNSM in August and November 1992 concerning the system for the registration of vessels in the TAAF.

The Committee notes from the Government's report that section 174 of the CTOM establishes a manpower office to be responsible for providing an employment service for the overseas territories (National Agency for the Integration and Promotion of Overseas Workers). The Government indicates that the National Agency for Employment cooperates with the Central Maritime Labour Office, in the same conditions as in metropolitan France, in placing seafarers on vessels registered in the TAAF. The Committee also notes that, on 1 October 1991, 755 seamen and officers were employed on board vessels registered in the TAAF, of whom 60 officers and 386 sailors were foreigners. It would be grateful if in its future reports the Government would continue to provide the information requested in the report form under Article 4 of the Convention on the number of requests for employment received, the number of vacant posts advertised and the number of persons placed in employment on ships registered in the TAAF, together with other information on the functioning of seafarers' placement establishments in this territory, as required by Article 10.

The Committee notes the Government's indications that there are practical difficulties in organizing a labour inspection service for this territory, and that the matter is being examined. It would be grateful if in its future reports the Government would continue to provide the information on the organization and operation of inspection services required by point III of the report form.