Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) - Iraq (Ratification: 1985)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s reports on Conventions Nos 22, 23, 92, 146 and 147. In order to provide a comprehensive view of the issues relating to the application of these maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as set out below.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006) classified Conventions Nos 22, 23, 92, 146 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos 22, 23, 92 and 146 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by Conventions Nos 22, 23, 92, 146 and 147. The Committee notes the Government’s indication that it is in favour of ratifying the MLC, 2006 and that several meetings were held on issues relating to this process with the participation of the General Federation of Workers’ Unions in Iraq and the Iraqi Federation of Industries. The Committee therefore requests the Government to provide information on any progress made towards the ratification of the MLC, 2006 and reminds it of the possibility to avail itself of the technical assistance of the Office.

Impact of the COVID-19 pandemic. The Committee notes with  deep concern  the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Conventions.  In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

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

Articles 3–14 of the Convention. Seafarers’ employment agreements and record of employment. The Committee requested the Government to indicate the measures adopted to give effect to these requirements of the Convention. The Committee notes the Government’s indication that there is a signed agreement between the State Company for Maritime Transport and the seafarers working on board its ships providing seafarers with decent working and living conditions on board ship and giving full effect to the Convention. While noting this information, the Committee requests the Government to clarify whether the Maritime Civil Service Act of 1975 is still in force, thereby giving to seafarers the status of public employees engaged on a permanent basis. It further requests the Government to indicate the specific provisions that ensure compliance with the different Articles of the Convention for all seafarers working on board its ships.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 5. Repatriation expenses. The Committee requested the Government to specify the laws and regulations implementing Article 5 of the Convention ensuring that the repatriation expenses are paid to all seafarers irrespective of 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 statement that the State Company for Maritime Transport is committed to the right of seafarers to repatriation upon completion of their period of service aboard ship or in the event of sickness, termination of their employment with the contracting company, injury or death during the course of work. P&I Insurance Club covers the expenses of repatriation of seafarers injured as a result of accidents. While noting this information, the Committee requests the Government to indicate the relevant legislative provisions giving effect to Article 5 of the Convention.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Articles 3 and 6–17. Implementing legislation. Crew accommodation requirements. Noting the absence of legislation giving effect to Articles 3 and 6–17 of the Convention, the Committee requested the Government to adopt the necessary measures in this regard. In the absence of new information, the Committee requests the Government to adopt the necessary measures, without delay, taking into account its previous comment on this matter.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146)

Application of the Convention. The Committee requested the Government to take steps to implement the obligations under Articles 3–12 of the Convention. The Committee notes the Government’s indication that the State Company for Maritime Transport grants persons working on board its ships paid annual leave under appropriate conditions, in accordance with the annual leave regulations under the international Code, which applies to seafarers working on board its ships, taking into consideration the special needs of seafarers with regard to such leave and that this matter is implemented in full. In the absence of specific reference to new legislative provisions, the Committee once again requests the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to the following provisions of the Convention: Article 4 (proportionate leave if length of service is insufficient for full entitlement), Article 6 (justified absence from work and temporary shore leave not to be counted in the minimum annual leave), Article 8 (annual leave in principle consisting of an uninterrupted period), Article 10 (return to the place of engagement or recruitment at the employer’s cost) and Article 11 (prohibition of agreement to relinquish the right to annual leave) of the Convention. The Committee also requests the Government to consider appropriate action to ensure that seafarers employed on board privately owned vessels enjoy the coverage of Article 3 (30-day annual leave), Article 6 (public holidays and periods of incapacity for work not to be counted as annual leave), Article 8 (division of leave into parts and accumulation of leave) and Article 10 (free transportation to place of engagement or recruitment) of the Convention as the existing Labour Code does not appear to give effect to any of these provisions.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

The Committee previously 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. This obligation, in the case of Iraq, relates to the following Conventions: the Sickness Insurance (Sea) Convention, 1936 (No. 56); 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 the Government’s indication that the State Company for Maritime Transport relies on laws and regulations pertaining to global safety standards, including standards of competency and hours of work. The Committee requests the Government to provide information on the matters raised in its previous comment with respect to the implementation of Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. Noting that the absence of new information in this respect, the Committee once again 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. Noting the absence of new information in this respect, the Committee once again 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 to collective agreements and ratified international labour Conventions.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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 1997 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 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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 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 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects 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 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 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 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 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.]

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

The Committee notes from the Government’s two most recent reports, that follow-up to the Committee’s previous comments is ongoing with the competent authority (i.e. Ministry of Transport) to obtain the requested data related to the Convention. The Committee had invited the Government to consider the possibility of ratifying the Maritime Labour Convention, 2006 (MLC, 2006), which is the up to date international instrument in the field and whose ratification would result in the automatic denunciation of the present Convention. The Committee notes the Government’s response that Iraq has not ratified the MLC, 2006, because the extent of maritime labour in the country is limited. For the same reason, no decision in this respect has been taken by the Tripartite Consultation Committee.

Article 2, clause (a), of the Convention. Conventions listed in the Appendix to Convention No. 147, but not ratified by Iraq. Substantial equivalence. In its previous comments, the Committee had 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 Iraq. In its reports, the Government confines itself to indicating that Iraq has not ratified Officers’ Competency Certificates Convention, 1936 (No. 53), Sickness Insurance (Sea) Convention, 1936 (No. 56), Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), Medical Examination (Seafarers) Convention, 1946 (No. 73), Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). The Committee wishes to point out that, in accordance with Article 2(a) of Convention No. 147, 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. In the case of Iraq, the Government is under an obligation to satisfy itself that national laws or regulations are substantially equivalent to the following Conventions Nos 56, 73 and 87; and Convention No. 134, Articles 4 and 7; and also to satisfy itself that, unless the relevant shipboard living arrangements are covered by collective agreements, national legislation is substantially equivalent to Convention No. 68 (Article 5).

In the absence of relevant information in response to the previous direct request, the Committee is bound to repeat its previous comments which read as follows:

–      Convention No. 56. The Committee recalls that, for the purposes of substantial equivalence with Convention No. 56, 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 notes the clarification provided by the Tripartite Consultation Committee that measures ensuring compliance with Convention No. 56 do not fall under the scope of the Ministry of Labour but rather within the remit of the Ministry of Transport, which has already been approached. The Committee therefore hopes that the Government will soon be in a position to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56 and to provide copies of the respective laws or regulations.

–      Convention No. 73. The Committee recalls that the requirement of substantial equivalence in respect of Convention No. 73 may be met where there are laws or regulations providing for compulsory regular medical examinations for seafarers, preferably every two years (six years in respect of colour vision), but more frequently than every five years; the certificate issued should attest to fitness in respect of hearing and sight and, where necessary in the deck department, colour vision, and should attest that no disease incompatible with service at sea or likely to endanger the health of others is suffered; there should preferably be arrangements for re-examination in case of refusal of certificate. The Government indicates that measures ensuring compliance with Convention No. 73 fall within the remit of the Ministry of Transport. The Committee hopes that the necessary efforts will soon be made to ensure that specific provisions substantially equivalent to Convention No. 73 are adopted; the Committee asks the Government to provide a copy of the relevant applicable laws or regulations.

–      Convention No. 134 (Articles 4 and 7). The Committee notes that measures ensuring compliance with these provisions of Convention No. 134 fall within the remit of the Ministry of Transport. The Committee hopes that the Government will soon be in a position to indicate, for the purposes of substantial equivalence with Convention No. 134, the specific provisions of the national laws or regulations dealing with the nine general and specific subjects listed in Article 4(3) and providing for the appointment of one or more crew members as responsible for accident prevention under Article 7.

–      Convention No. 68 (Article 5). The Committee recalls that, for the purposes of substantial equivalence with Convention No. 68: (i) food and water supplies, having regard to the size of the crew and the duration and nature of the voyage, should be suitable in respect of quantity, nutritive value, quality and variety; and (ii) the catering department in every vessel should be arranged and equipped in such a manner as to permit the service of proper meals to crew members. The Government indicates that measures ensuring compliance with this provision of Convention No. 68 fall within the remit of the Ministry of Transport. The Committee hopes that, unless the issue is covered by collective agreements, the necessary efforts will soon be made, to indicate the specific provisions in national laws or regulations substantially equivalent to Article 5 of Convention No. 68 and to provide copies of the respective legislation.

–      Convention No. 53 (Articles 3 and 4). The Committee notes that measures ensuring compliance with these provisions of Convention No. 53 fall within the remit of the Ministry of Transport. The Committee hopes that the Government will soon be in a position to indicate the specific provisions of the national legislation which establish 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 for the purposes of Article 2(a)(i).

–      Convention No. 87. The Committee recalls 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).

In its previous reports, the Government had indicated that seafarers are considered as civil servants rather than workers. In its latest report, however, the Government refers to Trade Union Organization Act No. 52 of 1987, which only applies to private, mixed and cooperative sectors. The Committee requests the Government to clarify the statute of seafarers (civil servants or workers) and to indicate the specific provisions in national legislation that are substantially equivalent to Convention No. 87. It further asks the Government to provide a copy of these laws or regulations. With respect to the Government’s indication that the new draft Labour Code took into account the relevant provisions of Convention No. 87, the Committee asks the Government to supply a copy of the draft Labour Code and provide information on any further developments regarding its adoption.

Standards of manning. In the absence of relevant information, the Committee recalls that the essential requirement of Article 2(a)(i) in respect of standards of manning is that ships should be sufficiently manned to ensure the safety of life on board. The Committee hopes that the Government will soon be in a position to ensure that national laws or regulations laying down safety standards in respect of manning are adopted. Please report on any progress made in this respect.

Article 2, clause (f). The Committee again asks the Government to describe the inspection or other arrangements which exist to verify compliance with the national laws or regulations required under Article 2(a), applicable collective agreements and ratified international labour Conventions. Please also give details of the functioning of these arrangements such as size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed, etc.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report on the application of the Convention.

Article 2(a) of the Convention. Substantial equivalence. In its most recent report, the Government indicates that Iraq has not ratified Conventions Nos 53, 56, 68, 73 and 134. The Committee wishes to point out that, in accordance with Article 2(a) 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. In the case of Iraq, the Government is obliged to satisfy itself that national laws or regulations are substantially equivalent to Conventions Nos 53 (Articles 3 and 4); 56, 73 and 134 (Articles 4 and 7); and also to satisfy itself that, unless the relevant shipboard living arrangements are covered by collective agreements, national legislation is substantially equivalent to Convention No. 68 (Article 5).

Article 2(a). Conventions listed in the appendix to Convention No. 147, but not ratified by Iraq:

–      Convention No. 56. The Committee recalls that, for the purposes of substantial equivalence with Convention No. 56, there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for seafarers or their 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 primes of the scheme (Article 8). The Committee notes the clarification provided by the Tripartite Consultation Committee that measures ensuring compliance with Convention No. 56 do not fall under the scope of the Ministry of Labour but rather within the remit of the Ministry of Transport, which has already been approached. The Committee therefore hopes that the Government will soon be in a position to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 56 and to provide copies of the respective laws or regulations.

–      Convention No. 73. The Committee recalls that the requirement of substantial equivalence in respect of Convention No. 73 may be met where there are laws or regulations providing for compulsory regular medical examinations for seafarers, preferably every two years (six years in respect of colour vision), but more frequently than every five years; the certificate issued should attest to fitness in respect of hearing and sight and, where necessary in the deck department, colour vision, and should attest that no disease incompatible with service at sea or likely to endanger the health of others is suffered; there should preferably be arrangements for re-examination in case of refusal of certificate. The Government indicates that measures ensuring compliance with Convention No. 73 fall within the remit of the Ministry of Transport. The Committee hopes that the necessary efforts will soon be made to ensure that specific provisions substantially equivalent to Convention No. 73 are adopted; the Committee asks the Government to provide a copy of the relevant applicable laws or regulations.

–      Convention No. 134 (Articles 4 and 7). The Committee notes that measures ensuring compliance with these provisions of Convention No. 134 fall within the remit of the Ministry of Transport. The Committee hopes that the Government will soon be in a position to indicate, for the purposes of substantial equivalence with Convention No. 134, the specific provisions of the national laws or regulations dealing with the nine subjects listed in Article 4(3) and providing for the appointment of one or more crew members as responsible for accident prevention under Article 7.

–      Convention No. 68 (Article 5). The Committee recalls that, for the purposes of substantial equivalence with Convention No. 68: (i) food and water supplies, having regard to the size of the crew and the duration and nature of the voyage, should be suitable in respect of quantity, nutritive value, quality and variety; and (ii) the catering department in every vessel should be arranged and equipped in such a manner as to permit the service of proper meals to crew members. The Government indicates that measures ensuring compliance with this provision of Convention No. 68 fall within the remit of the Ministry of Transport. The Committee hopes that, unless the issue is covered by collective agreements, the necessary efforts will soon be made, to indicate the specific provisions in national laws or regulations substantially equivalent to Article 5 of Convention No. 68 and to provide copies of the respective legislation.

–      Convention No. 53 (Articles 3 and 4). The Committee notes that measures ensuring compliance with these provisions of Convention No. 53 fall within the remit of the Ministry of Transport. The Committee hopes that the Government will soon be in a position to indicate the specific provisions of the national legislation which establish 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 for the purposes of Article 2(a)(i).

–      Convention No. 87. The Committee recalls that the essence of Convention No. 87 is freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize. 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 basic guarantees of: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2); (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); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4); 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), such federations and confederations having the same rights as their constituent organizations (Article 6).

        In its previous reports, the Government had indicated that seafarers are considered as civil servants rather than workers. In its latest report, however, the Government refers to the Trade Union Organization Act No. 52 of 1987, which only applies to private, mixed and cooperative sectors. The Committee requests the Government to clarify the status of seafarers (civil servants or workers) and to indicate the specific provisions in national legislation that are substantially equivalent to Convention No. 87. It further asks the Government to provide a copy of these laws or regulations. With respect to the Government’s indication that the new draft Labour Code took into account the relevant provisions of Convention No. 87, the Committee asks the Government to supply a copy of the draft Labour Code and provide information on any further developments regarding its adoption.

Article 2(a)(i). Standards of manning. In the absence of relevant information, the Committee recalls that the essential requirement of Article 2(a)(i) in respect of standards of manning is that ships should be sufficiently manned to ensure the safety of life on board. The Committee hopes that the Government will soon be in a position to ensure that national laws or regulations laying down safety standards in respect of manning are adopted. Please report on any progress made in this respect.

Article 2(f). The Committee again asks the Government to describe the inspection or other arrangements which exist to verify compliance with the national laws or regulations required under Article 2(a), applicable collective agreements and ratified international labour Conventions. Please also give details of the functioning of these arrangements such as size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed, etc.

Furthermore, the Committee invites the Government to consider the possibility of ratifying the Maritime Labour Convention, 2006, which is the up to date international instrument in the field and whose ratification would result in the automatic denunciation of the present Convention. The Committee would be grateful if the Government would provide information in its next report on consultations which have been held on this matter.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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 asks the Government to provide further information on the following points:

Article 2(a) of the Convention. (Conventions listed in the Appendix to Convention No. 147, but not ratified by Iraq.)

–      Convention No. 56. Referring also to its 1990 General Survey on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) (paragraph 134), the Committee recalls that for the purposes of Article 2(a)(ii) of Convention No. 147, under Convention No. 56 there should be a compulsory sickness insurance scheme (Article 1), with – subject to the usual limitations – 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); the shipowners and seafarers should share the expenses of the scheme (Article 8). In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Convention No. 56, the Committee requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56 and to provide copies of the respective laws or regulations.

–      Convention No. 73. The Committee recalls that the requirement of substantial equivalence in Article 2(a) of Convention No. 147 may be met in respect of Convention No. 73 where there are laws or regulations providing for compulsory regular medical examinations for seafarers, preferably every two years (six years in respect of colour vision), but certainly more frequently than every five years; the certificate issued should attest to fitness in respect of hearing and sight and, where necessary in the deck department, colour vision, and should attest that no disease (including but not limited to pulmonary tuberculosis) incompatible with service at sea or likely to endanger the health of others is suffered; there should preferably be arrangements for re‑examination in case of refusal of a certificate. The Committee notes the Government’s indication in its report that fitness examination requirements are currently being prepared. The Committee asks the Government to provide information on any such specific provisions substantially equivalent to Convention No. 73 and to provide a copy of the respective applicable laws or regulations.

–      Convention No. 134 (Articles 4 and 7). The Committee asks the Government to indicate the specific provisions of the national laws or regulations dealing with the nine general and specific subjects listed in Article 4(3); and providing for appointment of one or more crew members as responsible for accident prevention under Article 7 of Convention No. 134.

–      Convention No. 68 (Article 5). Please indicate the specific provisions of the national laws or regulations requiring the provision of food and water supplies which, 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.

–      Convention No. 53 (Articles 3 and 4). The Committee notes that under article 8 of the Law No. 201 of 1975, those employed for the first time in jobs and professions mentioned in the supplemental schedules to this law shall be at least 16 years of age. It further notes the Government’s indication that officers must have at least a secondary school certificate and from three to four years of studies, i.e. any officer being thus over 18 and around 22 years of age. The Committee requests the Government to indicate the specific provisions of the national legislation which establish such requirement 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 for the purpose of testing whether candidates for competency certificates possess the qualifications necessary for performing the duties corresponding to the certificates for which they are candidates (Article 4, paragraph 2, of Convention No. 53).

–      Convention No. 87. Referring also to paragraph 188 of its 1990 General Survey on Convention No. 147, the Committee recalls that for purposes of Convention No. 147, substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in full 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). The Committee asks the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 and to provide a copy of the respective applicable laws or regulations.

Article 2(a)(i). Standards of manning. In its previous comments the Committee asked the Government to provide a copy of any legislation laying down safety standards in respect of manning. The Committee notes the Government’s indication that there are no legal provisions setting the size of the crew and that this is done on the basis of the effective needs of the ship, applicable Conventions and shipping traditions in this field, taking into account the capacity of lifeboats and the design of the ship. Recalling that the essential requirement of Article 2(a)(i) of Convention No. 147 is that ships should be sufficiently manned to ensure the safety of life on board, the Committee hopes that the Government will envisage measures to include the respective provision in the national legislation and requests it to report on any progress made in this respect.

Article 2(f). Please describe the inspection or other arrangements which exist to verify compliance with the various standards mentioned in this subparagraph and give details of the functioning of these arrangements such as size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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 asks the Government to provide further information on the following points:

Article 2(a) of the Convention. (Conventions listed in the Appendix to Convention No. 147, but not ratified by Iraq.)

–      Convention No. 56. Referring also to its 1990 General Survey on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) (paragraph 134), the Committee recalls that for the purposes of Article 2(a)(ii) of Convention No. 147, under Convention No. 56 there should be a compulsory sickness insurance scheme (Article 1), with – subject to the usual limitations – 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); the shipowners and seafarers should share the expenses of the scheme (Article 8). In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Convention No. 56, the Committee requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56 and to provide copies of the respective laws or regulations.

–      Convention No. 73. The Committee recalls that the requirement of substantial equivalence in Article 2(a) of Convention No. 147 may be met in respect of Convention No. 73 where there are laws or regulations providing for compulsory regular medical examinations for seafarers, preferably every two years (six years in respect of colour vision), but certainly more frequently than every five years; the certificate issued should attest to fitness in respect of hearing and sight and, where necessary in the deck department, colour vision, and should attest that no disease (including but not limited to pulmonary tuberculosis) incompatible with service at sea or likely to endanger the health of others is suffered; there should preferably be arrangements for re‑examination in case of refusal of a certificate. The Committee notes the Government’s indication in its report that fitness examination requirements are currently being prepared. The Committee asks the Government to provide information on any such specific provisions substantially equivalent to Convention No. 73 and to provide a copy of the respective applicable laws or regulations.

–      Convention No. 134 (Articles 4 and 7). The Committee asks the Government to indicate the specific provisions of the national laws or regulations dealing with the nine general and specific subjects listed in Article 4(3); and providing for appointment of one or more crew members as responsible for accident prevention under Article 7 of Convention No. 134.

–      Convention No. 68 (Article 5). Please indicate the specific provisions of the national laws or regulations requiring the provision of food and water supplies which, 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.

–      Convention No. 53 (Articles 3 and 4). The Committee notes that under article 8 of the Law No. 201 of 1975, those employed for the first time in jobs and professions mentioned in the supplemental schedules to this law shall be at least 16 years of age. It further notes the Government’s indication that officers must have at least a secondary school certificate and from three to four years of studies, i.e. any officer being thus over 18 and around 22 years of age. The Committee requests the Government to indicate the specific provisions of the national legislation which establish such requirement 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 for the purpose of testing whether candidates for competency certificates possess the qualifications necessary for performing the duties corresponding to the certificates for which they are candidates (Article 4, paragraph 2, of Convention No. 53).

–      Convention No. 87. Referring also to paragraph 188 of its 1990 General Survey on Convention No. 147, the Committee recalls that for purposes of Convention No. 147, substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in full 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). The Committee asks the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 and to provide a copy of the respective applicable laws or regulations.

Article 2(a)(i). Standards of manning. In its previous comments the Committee asked the Government to provide a copy of any legislation laying down safety standards in respect of manning. The Committee notes the Government’s indication that there are no legal provisions setting the size of the crew and that this is done on the basis of the effective needs of the ship, applicable Conventions and shipping traditions in this field, taking into account the capacity of lifeboats and the design of the ship. Recalling that the essential requirement of Article 2(a)(i) of Convention No. 147 is that ships should be sufficiently manned to ensure the safety of life on board, the Committee hopes that the Government will envisage measures to include the respective provision in the national legislation and requests it to report on any progress made in this respect.

Article 2(f). Please describe the inspection or other arrangements which exist to verify compliance with the various standards mentioned in this subparagraph and give details of the functioning of these arrangements such as size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed.

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

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 notes the Government’s report for the period up to 2000. It asks the Government to provide further information on the following points:

Article 2(a) of the Convention. (Conventions listed in the appendix to Convention No. 147, but not ratified by Iraq.)

-  Convention No. 56. Referring also to its 1990 General Survey on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) (paragraph 134), the Committee recalls that for the purposes of Article 2(a)(ii) of Convention No. 147, under Convention No. 56 there should be a compulsory sickness insurance scheme (Article 1), with - subject to the usual limitations - 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); the shipowners and seafarers should share the expenses of the scheme (Article 8). In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Convention No. 56, the Committee requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56 and to provide copies of the respective laws or regulations.

-  Convention No. 73. The Committee recalls that the requirement of substantial equivalence in Article 2(a) of Convention No. 147 may be met in respect of Convention No. 73 where there are laws or regulations providing for compulsory regular medical examinations for seafarers, preferably every two years (six years in respect of colour vision), but certainly more frequently than every five years; the certificate issued should attest to fitness in respect of hearing and sight and, where necessary in the deck department, colour vision, and should attest that no disease (including but not limited to pulmonary tuberculosis) incompatible with service at sea or likely to endanger the health of others is suffered; there should preferably be arrangements for re-examination in case of refusal of a certificate. The Committee notes the Government’s indication in its report that fitness examination requirements are currently being prepared. The Committee asks the Government to provide information on any such specific provisions substantially equivalent to Convention No. 73 and to provide a copy of the respective applicable laws or regulations.

-  Convention No. 134 (Articles 4 and 7). The Committee asks the Government to indicate the specific provisions of the national laws or regulations dealing with the nine general and specific subjects listed in Article 4(3); and providing for appointment of one or more crew members as responsible for accident prevention under Article 7 of Convention No. 134.

-  Convention No. 68 (Article 5). Please indicate the specific provisions of the national laws or regulations requiring the provision of food and water supplies which, 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.

-  Convention No. 53 (Articles 3 and 4). The Committee notes that under article 8 of the Law No. 201 of 1975, those employed for the first time in jobs and professions mentioned in the supplemental schedules to this law shall be at least 16 years of age. It further notes the Government’s indication that officers must have at least a secondary school certificate and from three to four years of studies, i.e. any officer being thus over 18 and around 22 years of age. The Committee requests the Government to indicate the specific provisions of the national legislation which establish such requirement 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 for the purpose of testing whether candidates for competency certificates possess the qualifications necessary for performing the duties corresponding to the certificates for which they are candidates (Article 4, paragraph 2, of Convention No. 53).

-  Convention No. 87. Referring also to paragraph 188 of its 1990 General Survey on Convention No. 147, the Committee recalls that for purposes of Convention No. 147, substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in full 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). The Committee asks the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 and to provide a copy of the respective applicable laws or regulations.

Article 2(a)(i). Standards of manning. In its previous comments the Committee asked the Government to provide a copy of any legislation laying down safety standards in respect of manning. The Committee notes the Government’s indication that there are no legal provisions setting the size of the crew and that this is done on the basis of the effective needs of the ship, applicable Conventions and shipping traditions in this field, taking into account the capacity of lifeboats and the design of the ship. Recalling that the essential requirement of Article 2(a)(i) of Convention No. 147 is that ships should be sufficiently manned to ensure the safety of life on board, the Committee hopes that the Government will envisage measures to include the respective provision in the national legislation and requests it to report on any progress made in this respect.

Article 2(f). Please describe the inspection or other arrangements which exist to verify compliance with the various standards mentioned in this subparagraph and give details of the functioning of these arrangements such as size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed.

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

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 direct request, which read as follows:

The Committee notes the Government’s report for the period up to 2000. It asks the Government to provide further information on the following points:

Article 2(a) of the Convention. (Conventions listed in the appendix to Convention No. 147, but not ratified by Iraq.)

-  Convention No. 56. Referring also to its 1990 General Survey on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) (paragraph 134), the Committee recalls that for the purposes of Article 2(a)(ii) of Convention No. 147, under Convention No. 56 there should be a compulsory sickness insurance scheme (Article 1), with - subject to the usual limitations - 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); the shipowners and seafarers should share the expenses of the scheme (Article 8). In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Convention No. 56, the Committee requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56 and to provide copies of the respective laws or regulations.

-  Convention No. 73. The Committee recalls that the requirement of substantial equivalence in Article 2(a) of Convention No. 147 may be met in respect of Convention No. 73 where there are laws or regulations providing for compulsory regular medical examinations for seafarers, preferably every two years (six years in respect of colour vision), but certainly more frequently than every five years; the certificate issued should attest to fitness in respect of hearing and sight and, where necessary in the deck department, colour vision, and should attest that no disease (including but not limited to pulmonary tuberculosis) incompatible with service at sea or likely to endanger the health of others is suffered; there should preferably be arrangements for re-examination in case of refusal of a certificate. The Committee notes the Government’s indication in its report that fitness examination requirements are currently being prepared. The Committee asks the Government to provide information on any such specific provisions substantially equivalent to Convention No. 73 and to provide a copy of the respective applicable laws or regulations.

-  Convention No. 134 (Articles 4 and 7). The Committee asks the Government to indicate the specific provisions of the national laws or regulations dealing with the nine general and specific subjects listed in Article 4(3); and providing for appointment of one or more crew members as responsible for accident prevention under Article 7 of Convention No. 134.

-  Convention No. 68 (Article 5). Please indicate the specific provisions of the national laws or regulations requiring the provision of food and water supplies which, 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.

-  Convention No. 53 (Articles 3 and 4). The Committee notes that under article 8 of the Law No. 201 of 1975, those employed for the first time in jobs and professions mentioned in the supplemental schedules to this law shall be at least 16 years of age. It further notes the Government’s indication that officers must have at least a secondary school certificate and from three to four years of studies, i.e. any officer being thus over 18 and around 22 years of age. The Committee requests the Government to indicate the specific provisions of the national legislation which establish such requirement 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 for the purpose of testing whether candidates for competency certificates possess the qualifications necessary for performing the duties corresponding to the certificates for which they are candidates (Article 4, paragraph 2, of Convention No. 53).

-  Convention No. 87. Referring also to paragraph 188 of its 1990 General Survey on Convention No. 147, the Committee recalls that for purposes of Convention No. 147, substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in full 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). The Committee asks the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 and to provide a copy of the respective applicable laws or regulations.

Article 2(a)(i). Standards of manning. In its previous comments the Committee asked the Government to provide a copy of any legislation laying down safety standards in respect of manning. The Committee notes the Government’s indication that there are no legal provisions setting the size of the crew and that this is done on the basis of the effective needs of the ship, applicable Conventions and shipping traditions in this field, taking into account the capacity of lifeboats and the design of the ship. Recalling that the essential requirement of Article 2(a)(i) of Convention No. 147 is that ships should be sufficiently manned to ensure the safety of life on board, the Committee hopes that the Government will envisage measures to include the respective provision in the national legislation and requests it to report on any progress made in this respect.

Article 2(f). Please describe the inspection or other arrangements which exist to verify compliance with the various standards mentioned in this subparagraph and give details of the functioning of these arrangements such as size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed.

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

The Committee notes the Government’s report for the period up to 2000. It asks the Government to provide further information on the following points:

Article 2(a) of the Convention.  (Conventions listed in the appendix to Convention No. 147, but not ratified by Iraq.)

-  Convention No. 56.  Referring also to its 1990 General Survey on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) (paragraph 134), the Committee recalls that for the purposes of Article 2(a)(ii) of Convention No. 147, under Convention No. 56 there should be a compulsory sickness insurance scheme (Article 1), with - subject to the usual limitations - 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); the shipowners and seafarers should share the expenses of the scheme (Article 8). In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Convention No. 56, the Committee requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56 and to provide copies of the respective laws or regulations.

-  Convention No. 73.  The Committee recalls that the requirement of substantial equivalence in Article 2(a) of Convention No. 147 may be met in respect of Convention No. 73 where there are laws or regulations providing for compulsory regular medical examinations for seafarers, preferably every two years (six years in respect of colour vision), but certainly more frequently than every five years; the certificate issued should attest to fitness in respect of hearing and sight and, where necessary in the deck department, colour vision, and should attest that no disease (including but not limited to pulmonary tuberculosis) incompatible with service at sea or likely to endanger the health of others is suffered; there should preferably be arrangements for re-examination in case of refusal of a certificate. The Committee notes the Government’s indication in its report that fitness examination requirements are currently being prepared. The Committee asks the Government to provide information on any such specific provisions substantially equivalent to Convention No. 73 and to provide a copy of the respective applicable laws or regulations.

-  Convention No. 134 (Articles 4 and 7).  The Committee asks the Government to indicate the specific provisions of the national laws or regulations dealing with the nine general and specific subjects listed in Article 4(3); and providing for appointment of one or more crew members as responsible for accident prevention under Article 7 of Convention No. 134.

-  Convention No. 68 (Article 5).  Please indicate the specific provisions of the national laws or regulations requiring the provision of food and water supplies which, 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.

-  Convention No. 53 (Articles 3 and 4). The Committee notes that under article 8 of the Law No. 201 of 1975, those employed for the first time in jobs and professions mentioned in the supplemental schedules to this law shall be at least 16 years of age. It further notes the Government’s indication that officers must have at least a secondary school certificate and from three to four years of studies, i.e. any officer being thus over 18 and around 22 years of age. The Committee requests the Government to indicate the specific provisions of the national legislation which establish such requirement 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 for the purpose of testing whether candidates for competency certificates possess the qualifications necessary for performing the duties corresponding to the certificates for which they are candidates (Article 4, paragraph 2, of Convention No. 53).

-  Convention No. 87.  Referring also to paragraph 188 of its 1990 General Survey on Convention No. 147, the Committee recalls that for purposes of Convention No. 147, substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in full 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). The Committee asks the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 and to provide a copy of the respective applicable laws or regulations.

Article 2(a)(i) (standards of manning).  In its previous comments the Committee asked the Government to provide a copy of any legislation laying down safety standards in respect of manning. The Committee notes the Government’s indication that there are no legal provisions setting the size of the crew and that this is done on the basis of the effective needs of the ship, applicable Conventions and shipping traditions in this field, taking into account the capacity of lifeboats and the design of the ship. Recalling that the essential requirement of Article 2(a)(i) of Convention No. 147 is that ships should be sufficiently manned to ensure the safety of life on board, the Committee hopes that the Government will envisage measures to include the respective provision in the national legislation and requests it to report on any progress made in this respect.

Article 2(f).  Please describe the inspection or other arrangements which exist to verify compliance with the various standards mentioned in this subparagraph and give details of the functioning of these arrangements such as size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided in the Government's report. It requests further information on the following points:

Article 1 of the Convention. Further to its previous comments, the Committee notes that all publicly owned sea-going vessels, including tugs and small vessels, are subject to Act No. 201 of 1975 (the Civil Marine Service Act). Please indicate if there are any privately owned sea-going ships falling under the Convention and what national legislation is applicable to them.

Article 2(a). 1. The Committee notes the Government's report contains no reply to its previous request for a copy of any legislation laying down safety standards in respect of manning. Please provide a copy of such law.

2. (Conventions included in the Appendix to Convention No. 147 but not ratified by Iraq.)

- Convention No. 56. Further to its previous comments, the Committee notes that insurance for medical care, sickness, accident and death is compulsory under section 69 of Act No. 201. Please indicate how substantial equivalence to Convention No. 56 is assured by providing details on the points referred to in the 1990 General Survey on Convention No. 147.

- Convention No. 53, Article 4. Although the Government states that the question of minimum age for certification of officers is covered by Acts Nos. 201 of 1975 and 24 of 1960, the Committee points out that for officers covered by this Convention there should be minimum age requirements (not less than 18 years), a minimum period of professional experience and the organisation and supervision of examinations of proficiency in accordance with Article 4. Please provide details of legislation on these points.

- Convention No. 68, Article 5. The Committee notes that meals are served free of charge to all crew members and that food supplies are constantly inspected. It requests the Government to provide indications on the measures taken or proposed as to food supply and catering arrangements on board, regard being had to all the elements in this Article. (See paragraphs 125 and 178 of the 1990 General Survey.)

- Convention No. 73. The Committee notes that seafarers are examined by an official medical committee, which determines their fitness for the work they are assigned. The Committee requests the Government to indicate how the other detailed aspects of the nature of the examination, its periodicity, and re-examination in cases of refusal of a certificate are prescribed. (See paragraph 112 of the 1990 General Survey.)

- Convention No. 87. The Committee notes that all seafarers are considered as civil servants rather than workers, and that they enjoy statutory and not contractual relations. Those among them who have a profession may join professional associations. The Committee wishes to point out the requirement that laws and regulations should be substantially equivalent to Convention No. 87, and it underlines the essence of Convention No. 87 is the freedom, vis-à-vis the public authorities, to exercise the right to organise. It draws the Government's attention to paragraphs 187 and 188 of its 1990 General Survey. Please provide detailed information on measures taken or contemplated in this regard.

- Convention No. 134. Further to its previous comments, the Committee notes the list of various safety measures on board ship. It draws the Government's attention to the fact that Article 4, paragraph 1 of this Convention requires provisions concerning the prevention of occupational accidents to be laid down in laws or regulations. Please indicate where the measures listed are published and provide copies of the applicable laws or regulations in this regard and in regard to safety responsibility (Article 7).

Article 2(d). Further to its previous comments, the Committee notes that the Government has not provided indications in its report on the particular procedures as to complaints about engagement, which should be subject to the overall supervision by the competent authority after appropriate tripartite consultation. The Committee draws the Government's attention to paragraphs 218 to 220 of its 1990 General Survey and requests the Government to provide information with its next report.

Article 2(e). The Committee notes with interest the information provided. Please include in future reports further information regarding the training regarding other crew members (see paragraph 1(2) of Recommendation No. 137).

Article 2(f). The Committee trusts the Government will not fail to communicate, in its next report, the previously requested information on the inspection and other verification arrangements in respect of the standards of the Convention, including details of the inspection staff, numbers and results of inspections, and penalties imposed.

Article 5. Further to its previous comments, the Committee notes that Iraq has not yet become a party to the 1966 Load Line Convention. The Committee recalls the Government's undertaking on ratifying the present Convention, in accordance with paragraph 2 of this Article, to fulfil progressively all the requirements of paragraph 1, which are not yet satisfied, i.e. those in respect of the said Load Line Convention, and either the 1960 Regulations for Preventing Collisions at Sea (COLREG) or the 1972 COLREG Convention. The Committee trusts that progress will be made in this respect soon and that the Government will indicate the steps taken.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has noted the brief information in the Government's first report.

Article 1 of the Convention. The Committee would be grateful if the Government would indicate whether all sea-going ships for purposes of the Convention are publicly owned and thus covered by Act No. 201 of 1975 (the Civil Marine Service Act). Please indicate whether sea-going tugs are covered by the Act; and whether there are any exceptions in respect of small vessels.

Article 2(a) 1. Please provide a copy of any legislation laying down safety standards in respect of manning.

2. (Conventions included in the Appendix to Convention No. 147 but not ratified by Iraq.)

- Conventions Nos. 55 or 56. The Committee notes that section 69 of Act No. 201 provides that the employing organisation "should" insure against sea-farers' death, sickness and personal accidents; on the other hand, it provides that the employer "shall" bear such expenses in conformity with the insurance certificate or relevant regulations. The Committee would be glad if the Government would indicate whether such insurance is compulsory - in which case it is requested to indicate the manner in which substantial equivalence to Convention No. 56 is ensured - or purely optional - in which case it is requested to indicate the manner in which substantial equivalence to Convention No. 55 is ensured.

- Convention No. 53, Article 4. Please provide details as to the legislation concerning minimum age and a minimum period of professional experience and as to the organisation and supervision of examinations in respect of the officers covered by sections 24-27 and 32-33 of Act No. 201.

- Convention No. 68, Article 5. The Committee notes that section 61 of Act No. 201 refers to a monetary "food allowance". Please indicate the measures taken or proposed as to food supply and catering arrangements on board, regard being had to this Article.

- Convention No. 73. The Committee notes the medical examination requirement in section 8(3) of Act No. 201. Please indicate in particular any measures taken or proposed as to the nature of the examination, its periodicity, and reexamination in case of refusal of a certificate (Articles 4, 5 and 8).

- Convention No. 87. The Committee notes that there appears to be no provision relating to the freedom of association and right to organise of seafarers. Please describe the present position in this respect and indicate any measures taken or proposed, regard being had to the requirements of Convention No. 147.

- Convention No. 134, Articles 4 and 7. Please provide details of any arrangements as to accident prevention in the public sector and in particular on board ship, having regard to these Articles.

Article 2(d). The Committee has noted the Government's reference to complaints in general being made to ships' captains. It would be glad if it would indicate the particular procedures as to complaints about engagement, which should be subject to overall supervision by the competent authority after appropriate tripartite consultation.

Article 2(e). The Committee notes the Government's indication that prior and on-board training is given in conformity with Recommendation No. 137. Please describe the operation of training programmes and indicate the institutions responsible.

Article 2(f). Please describe inspection and other verification arrangements in respect of the standards of the Convention, including details of the inspection staff, numbers and results of inspections made, and penalties imposed.

Article 4. Please include in future reports information as to any developments in respect of action taken on foreign-registered ships in Iraq ports.

Article 5. The Committee recalls the Government's undertaking on ratifying the present Convention, in accordance with paragraph 2 of this Article, to fulfil progressively all the requirements of paragraph 1 which are not yet satisfied. Whilst Iraq is bound by the 1960 International Convention for the Safety of Life at Sea (SOLAS), it appears not yet to be bound by the 1966 Load Lines Convention; nor by either the 1960 Regulations for Preventing Collisions at Sea (COLREG) or the 1972 COLREG Convention. The Committee hopes progress will be made in this respect and that the Government will provide details of steps being taken.