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Certification of Ships' Cooks Convention, 1946 (No. 69) - French Polynesia

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The Committee notes the reports provided by the Government on the application of maritime Conventions Nos 22 and 69. The Committee notes the Government’s indication that it formally indicated its acceptance of the obligations of the Maritime Labour Convention, 2006, as amended (MLC, 2006) in 2016. The Government adds that it would like appropriate action to be taken on this acceptance, in view of the position of France, which, according to the Government’s indication, does not appear to have yet made the specific declaration provided for in article 35 of the ILO Constitution. The Committee hopes that the necessary steps will be taken to give effect to this request. In order to provide an overview of the issues raised in relation to the application of the Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

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

Articles 3 and 6 of the Convention. Seafarers’ articles of agreement. In its previous comments, the Committee requested the Government to indicate the manner in which compliance with Articles 3 and 6 of the Convention was ensured. The Committee notes that the Government once again refers to section Lp. 1211-1 of the Labour Code, which is not in conformity with the provisions of the Convention, as it provides that the articles of agreement may be drawn up in any form that suits the parties to the contract. The Committee recalls that, under the Convention, the articles of agreement of seafarers shall (1) be signed both by the shipowner and his representative and by the seafarer (Article 3); and (2) contain in all cases the particulars specified in Article 6 of the Convention. The Committee therefore once again requests the Government to indicate the measures adopted to give effect to these provisions of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69)

Articles 3 and 4 of the Convention. Certificate of qualification as ship’s cook. The Committee previously requested the Government to adopt the necessary measures to comply with the provisions of Articles 3 and 4 of the Convention. It notes the Government’s indication in this regard that the Order of 12 August 2015, on the issuing of certificates of qualification as ship’s cook and letters attesting the completion of basic hygiene training, specifies the conditions for obtaining the certificate. The Committee requests the Government to confirm that this Order, adopted by the Government of France, is applicable in French Polynesia.

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In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3 and 6. Seafarers’ articles of agreement. The Committee notes that the Government refers in its report to Act No. 2011-15 of 4 May 2011 codifying labour law, as amended, particularly section Lp. 7511-1 and the subsequent sections on sea fishers on board vessels equipped for professional fishing. The Committee recalls that the Convention does not apply to fishing vessels (Article 1(2)(f)). In the absence of specific provisions on seafarers’ employment contracts, section Lp. 1211-1 applies. This section establishes that employment contracts may be drawn up in any form that suits the parties. Recalling that the Convention establishes that seafarers’ articles of agreement shall be signed both by the shipowner or his representative and by the seafarer (Article 3) and that the agreement shall in all cases contain the particulars set forth in Article 6 of the Convention, the Committee requests the Government to indicate how compliance with these provisions is ensured.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. Certificate of qualification as ship’s cook. Referring to its previous comments, the Committee notes the Government’s indication in its report that the training given by the French Polynesian Centre for Maritime Occupations only meets the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), and does not cover the certification of ships’ cooks. The Committee requests the Government to take the necessary steps to ensure that nobody can be engaged as a ship’s cook on board a vessel covered by the Convention unless that person holds a certificate of qualification, issued in accordance with the provisions of the Convention. It requests the Government to supply information on the measures taken in this respect. The Committee takes this opportunity to draw the Government’s attention to the “Guidelines on the training of ships’ cooks” adopted by a meeting of experts held in September 2013 further to a decision of the ILO Governing Body.

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Articles 3 and 4 of the Convention. Certificate of qualification as ship’s cook. The Committee recalls that, since the entry into force of the Convention for French Polynesia, the Government has been asserting that there are no local requirements for the qualification of cooks on board ship. In view of this situation, the Committee has been calling upon the Government in its comments since 1985 to take the necessary measures to give effect to the provisions of Articles 3 and 4 of the Convention, for example by extending to French Polynesia the provisions applicable in the metropolitan territory. The Committee also notes that, according to the National Repertoire of Vocational Certificates, preparation for the certificate of qualification as a ship’s cook, which in principle involves 742 hours in the training centre and continuous assessment of a range of areas of knowledge and practice, is not accessible in French Polynesia. The Committee notes that section 73 of the Maritime Labour Code provides that on each vessel on which the seafarers are fed by the shipowner, there shall be a cook qualified for the post of over 18 years of age. However, it understands that Act No. 66-508 of 12 July 1966 extending to certain overseas territories the provisions of the Maritime Labour Code, which made the Code applicable in the territory of French Polynesia among others, has been repealed. With reference to its previous comments, the Committee requests the Government to indicate the provisions which currently give effect to Articles 3 and 4 of the Convention, so as to ensure that no person may be engaged as a cook on board a ship if he or she does not possess a certificate of aptitude to exercise the profession, granted in accordance with the provisions of the Convention. In this respect, it draws the Government’s attention to the fact that minimum standards on the training and qualification of ships’ cooks were included in Regulation 3.2(3), Standard A3.2(3), (4), (6) and (8), and Guideline B3.2.2 of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 69 and 67 other international maritime labour instruments. The Committee therefore encourages the Government to give effect to Convention No. 69 in a manner which will ensure that effect is given to the corresponding provisions of the MLC, 2006, once the latter has been ratified and entered into force. The Committee requests the Government to keep the Office informed of any progress achieved in this respect.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including information on the manner in which the Maritime Affairs Service enforces the provisions of section 73 of the Maritime Labour Code respecting the certificate of qualification which has to be held by ships’ cooks, including reports of inspections and information on the number of violations reported and the measures adopted as a result.

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See under France.

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The Committee notes the information in the Government’s report according to which there is no local requirement concerning certification of ships’ cooks.

It hopes that the Government will take the necessary measures to establish the requirement of certification as ships’ cooks (Articles 3 and 4 of the Convention) for those working on board vessels falling within the scope of the Convention (Article 1), perhaps by extending provisions applicable in France.

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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 repeated reply to its previous comments, that there are no local requirements of qualification for cooks on board ship.

It hopes that the Government will take the necessary measures to establish the requirement of certification as ships' cooks (Articles 3 and 4 of the Convention) for those working on board vessels falling within the scope of the Convention (Article 1), perhaps by extending provisions applicable in France.

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The Committee notes with regret that once again 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 repeated reply to its previous comments, that there are no local requirements of qualification for cooks on board ship. It hopes that the Government will take the necessary measures to establish the requirement of certification as ships' cooks (Articles 3 and 4 of the Convention) for those working on board vessels falling within the scope of the Convention (Article 1), perhaps by extending provisions applicable in France.

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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:

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Further to its previous direct request, the Committee notes the Government's report which states that the number of seagoing vessels registered in French Polynesia and engaged in the commercial transport of cargo or passengers (Article 1 of the Convention) is 19. The Government's report further states that eight of these vessels employ seamen registered on the crew lists and the others utilise cooks. The Committee requests once again the Government to state the legislative provisions currently in force regarding the certification of cooks on board vessels falling within the scope of the Convention (Articles 3 and 4).

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The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the statement in the Government's report that there is no local obligation of vocational qualification for cooks on board ship.

It requests the Government to indicate the number, if any, of privately or publicly owned seagoing vessels registered in French Polynesia which are engaged in the commercial transport of cargo or passengers (Article 1 of the Convention). If there are any such ships, the Committee requests the Government to state the legislative provisions currently in force regarding the certification of cooks on board ships falling within the scope of the Convention (Articles 3 and 4).