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

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) - French Southern and Antarctic Territories

The Committee notes the brief indications contained in the Government's first report. It asks the Government to indicate to what extent shipboard conditions of employment and shipboard living arrangements are covered by collective agreements or laid down by competent courts in a manner equally binding on the shipowners and the seafarers concerned, and to provide copies of such agreements, awards or decisions. It also asks the Government in its next report to provide information on the following points:

Article 2(a)(i) of the Convention. Please indicate the provisions of the legislation in force in the territory relating to hours of work on board ship.

Article 2(a)(ii) (Conventions referred to in the Appendix to Convention No. 147 but which do not apply to the territory). The Committee recalls that none of the Conventions concerning social security, i.e. Nos. 55, 56 and 130, has been declared applicable to the Territory. It asks the Government to provide, in respect of French seafarers, the texts, as amended, of the Decree of 17 June 1938 and the Code of Seafarers' Retirement Pensions, referred to in the report, and to indicate for each provision of Conventions Nos. 55, 56 or 130 reproduced in the report form, in respect of both foreign and French seafarers, the corresponding provisions of the legislation in force in the Territory that ensures substantial equivalence in accordance with the Convention.

Article 2(d). The Committee notes the information on the placement of seafarers provided in the first report on Convention No. 9. Please indicate the procedures for the investigation of complaints concerning the engagement of seafarers (since this is not dealt with in Decree No. 84-810) and all tripartite consultations on this matter.

Article 2(e). Please indicate how the provisions of the Vocational Training (Seafarers) Recommendation, 1970 (No. 137), are taken into account when the maritime authority exercises its supervision of ships' crews.

Article 2(f). The Committee notes the Government's statement that the organization of a labour inspection service for the territory is being examined. It trusts that the next report will contain additional information on this matter and that it will indicate in detail, as required by the report form, all current arrangements to verify that international labour Conventions and the legislation applying to the Territory are observed.

Article 2(g). The Committee notes that inquiries into maritime matters are subject to secrecy under French penal law. It recalls that in the event of a serious marine casualty an official inquiry must be held, the final report of which must normally be made public. It asks the Government to provide the text of the Act of 17 December 1926, referred to in the report, together with the text declaring it applicable to the Territory and the text of any other relevant legislation. Please indicate in particular the measures envisaged to ensure that final reports are made public in accordance with the Convention. Please provide the information required in the report form on the number of inquiries that have been conducted and the measures taken as a result.

Article 4. The Committee notes that Decree No. 84-810 seems to refer to complaints made by crews of ships registered in the Territory. It asks the Government to indicate, also bearing in mind Article 2(f) of the Convention, to what extent ships registered in the Territory are assimilated to ships registered in metropolitan France for the purposes of inspection and to provide, if applicable, information on any inspection of ships not registered in the Territory which call there.

Article 5. The Committee notes that, according to section 2.4 of the Circular of 29 August 1960, the "relevant" Conventions of the IMO apply to ships registered in the Territory. Please indicate the instruments in question and whether any specific arrangements have been made in this context.