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

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

The Committee notes the Government’s indication in its reports that, since the implementation of Act No. 2005-412 of 3 May 2005, commercial vessels are registered in the French International Register (RIF) and that therefore only a few fishing boats are still registered in the French Southern and Antarctic Territories (TAAF). It also notes that the TAAF have no permanent population. Thus, the maritime Conventions which are applicable in the TAAF and which do not cover fishing vessels are rendered moot for these territories. The Committee requests the Government to indicate any development to this situation. With regard to the Conventions which apply to fishing vessels, and in order to provide an overview on the issues relating to their application, the Committee considers it helpful to examine them in a single comment as follows.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). Article 2. Statistics and investigations into maritime occupational accidents. The Committee recalls that it previously asked the Government to provide copies of reports of investigations established following maritime occupational accidents, as well as statistics on the number, nature, causes and consequences of occupational accidents on board fishing boats registered in the TAAF. While noting the Government’s reference to the activities of the French Marine Accident Investigation Office (BEAmer), the Committee observes that the BEAmer website indicates that, although it intervenes on the same basis in the overseas departments as in the mainland, the situation is different for the overseas territories, including the TAAF, for which the powers devolved to them are taken into account. The Committee requests the Government to indicate how the BEAmer can intervene in the TAAF and, in all cases, take the necessary measures to ensure that occupational accidents are investigated and properly documented and that detailed statistics on these accidents are established and analysed. It requests the Government to provide information in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the fleet currently registered in the French Southern and Antarctic Territories (TAAF) consists exclusively of fishing vessels, since merchant ships can no longer be registered in the TAAF following the adoption of Act No. 2005-412 on 3 May 2005 concerning the establishment of the French International Register (RIF). This prohibition is also reflected in section L.5795 11 of the Transport Code of 2007. In view of the fact that under Article 1(4)(b) of the Convention, ships engaged in fishing or in whaling or in similar pursuits are excluded from its scope of application, the Committee concludes that the Convention is currently without object in respect of the French Southern and Antarctic Territories. The Committee requests the Government to keep the Office informed of any further developments which might have an impact on the application of the Convention.

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

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the fleet currently registered in the French Southern and Antarctic Territories (TAAF) consists exclusively of fishing vessels, since merchant ships can no longer be registered in the TAAF following the adoption of Act No. 2005-412 on 3 May 2005 concerning the establishment of the French International Register (RIF). This prohibition is also reflected in section L.5795 11 of the Transport Code of 2007. In view of the fact that under Article 1(4)(b) of the Convention, ships engaged in fishing or in whaling or in similar pursuits are excluded from its scope of application, the Committee concludes that the Convention is currently without object in respect of the French Southern and Antarctic Territories. The Committee requests the Government to keep the Office informed of any further developments which might have an impact on the application of the Convention.

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

The Committee notes the information provided by the Government in its report that foreign seafarers enjoy employment conditions essentially comparable to those of French or assimilated seafarers. It notes however that the inspection of employment conditions, which is the responsibility of the Maritime Affairs Service for the French Southern and Antarctic Territories, the head of which is in charge of labour inspection of vessels registered in this territory, has not been completed. It requests the Government to take all measures necessary to ensure the application of the relevant provisions concerning both vessels listed in the French Southern and Antarctic Territories’ register and in its possible successor and vessels registered in metropolitan France.

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

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

Article 2 of the Convention. In its most recent report, the Government indicates that although Convention No. 147 is not directly applicable to the French Southern and Antarctic Territories, any developments in law concerning the conditions of work of seafarers of Metropolitan France and the Overseas Departments are generally reflected in the contracts of seafarers employed on board ships registered in these Territories. The Committee recalls that the Government, in a letter to the Director-General dated 13 June 1990, communicated its decision, in accordance with article 35 of the Constitution of the ILO, to extend the application of Convention No. 147 to these Territories, and that under the terms of the Convention, each Member which ratifies this Convention undertakes, among other things, to have laws or regulations and to exercise effective jurisdiction or control over ships which are registered in its territory in respect of safety standards, appropriate social security measures, and shipboard conditions of employment and shipboard living arrangements. The Convention also contains other provisions requiring ratifying States to ensure by means of inspections that ships registered in their territory are in conformity with the applicable international labour standards which they have ratified. The Committee recalls the decision to extend to the French Southern and Antarctic Territories all the Conventions listed in the appendix to Convention No. 147, except the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), and the Sickness Insurance (Sea) Convention, 1936 (No. 56), for which the French authorities have undertaken to enact legislation broadly equivalent to the provisions of one or other of these two Conventions. The Committee notes, however, that despite the extension, the applicability of these instruments remains relative, since the Overseas Labour Code established by Act No. 52-1322 of 15 December 1952, which is applicable to all crew members without distinction, was not complemented by Orders of the Administrateur supérieur of the French Southern and Antarctic Territories implementing its provisions in areas of fundamental importance to the safety of ships and their crews, such as the form and content of the employment contract, the minimum wage, the duration of work, rest periods or trade union rights. The Committee notes that this also applies to Act No. 96-151 of 26 February 1996 concerning the registration of ships in the French Southern and Antarctic Territories for which, as far as the Committee is aware, the Council of State Decrees needed for its implementation have not been adopted. The Committee is furthermore concerned at the de facto existence of different social security systems for French seafarers (or those of comparable status) and non-resident foreign personnel serving on board ships registered in the Territories, who are covered by special provisions under the "Interim Instruction" No. 56GM/1 of 3 May 1996 of the Maritime Affairs Department, which establishes the rules for applying the conditions of employment in force on board such ships to foreign seafarers. The Committee notes lastly that non-resident foreign seafarers working on ships registered in the French Southern and Antarctic Territories do not enjoy the social security protection provided by the Etablissement national des invalides de la marine, unlike their French counterparts on the same ships. The Committee notes that this legal deficiency is prejudicial above all to this category of seafarer - non-resident foreign seafarers recruited to work on ships registered in the French Southern and Antarctic Territories who, in addition, suffer discrimination by being employed under conditions that differ form those applied to French crew members.

The Committee requests the Government to reply to the questions which it raised in its previous observation, and hopes that the Government will soon be able to report on measures taken or envisaged with a view to adopting or effectively applying the Convention, including by adopting the necessary implementing texts and by carrying out appropriate inspections to ensure that national laws and regulations are in conformity with the present Convention.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 2 of the Convention. In its most recent report, the Government indicates that although Convention No. 147 is not directly applicable to the French Southern and Antarctic Territories, any developments in law concerning the conditions of work of seafarers of Metropolitan France and the Overseas Departments are generally reflected in the contracts of seafarers employed on board ships registered in these Territories. The Committee recalls that the Government, in a letter to the Director-General dated 13 June 1990, communicated its decision, in accordance with article 35 of the Constitution of the ILO, to extend the application of Convention No. 147 to these Territories, and that under the terms of the Convention, each Member which ratifies this Convention undertakes, among other things, to have laws or regulations and to exercise effective jurisdiction or control over ships which are registered in its territory in respect of safety standards, appropriate social security measures, and shipboard conditions of employment and shipboard living arrangements. The Convention also contains other provisions requiring ratifying States to ensure by means of inspections that ships registered in their territory are in conformity with the applicable international labour standards which they have ratified. The Committee recalls the decision to extend to the French Southern and Antarctic Territories all the Conventions listed in the appendix to Convention No. 147, except the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), and the Sickness Insurance (Sea) Convention, 1936 (No. 56), for which the French authorities have undertaken to enact legislation broadly equivalent to the provisions of one or other of these two Conventions. The Committee notes, however, that despite the extension, the applicability of these instruments remains relative, since the Overseas Labour Code established by Act No. 52-1322 of 15 December 1952, which is applicable to all crew members without distinction, was not complemented by Orders of the Administrateur supérieur of the French Southern and Antarctic Territories implementing its provisions in areas of fundamental importance to the safety of ships and their crews, such as the form and content of the employment contract, the minimum wage, the duration of work, rest periods or trade union rights. The Committee notes that this also applies to Act No. 96-151 of 26 February 1996 concerning the registration of ships in the French Southern and Antarctic Territories for which, as far as the Committee is aware, the Council of State Decrees needed for its implementation have not been adopted. The Committee is furthermore concerned at the de facto existence of different social security systems for French seafarers (or those of comparable status) and non-resident foreign personnel serving on board ships registered in the Territories, who are covered by special provisions under the "Interim Instruction" No. 56GM/1 of 3 May 1996 of the Maritime Affairs Department, which establishes the rules for applying the conditions of employment in force on board such ships to foreign seafarers. The Committee notes lastly that non-resident foreign seafarers working on ships registered in the French Southern and Antarctic Territories do not enjoy the social security protection provided by the Etablissement national des invalides de la marine, unlike their French counterparts on the same ships. The Committee notes that this legal deficiency is prejudicial above all to this category of seafarer - non-resident foreign seafarers recruited to work on ships registered in the French Southern and Antarctic Territories who, in addition, suffer discrimination by being employed under conditions that differ form those applied to French crew members.

The Committee requests the Government to reply to the questions which it raised in its previous observation, and hopes that the Government will soon be able to report on measures taken or envisaged with a view to adopting or effectively applying the Convention, including by adopting the necessary implementing texts and by carrying out appropriate inspections to ensure that national laws and regulations are in conformity with the present Convention.

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

The Committee notes with regret that the Government's report has not ben 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 on the matters raised in its previous direct request which read as follows:

The Committee refers to its general observation for the 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.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee refers to its General Observation for the Territories.

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

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.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its general observations, the Committee notes the Government's report does not contain replies to its previous direct request. 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 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.

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

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.