Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Convention (n° 147) sur la marine marchande (normes minima), 1976 - Iraq (Ratification: 1985)

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.