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Seamen's Articles of Agreement Convention, 1926 (No. 22) - French Polynesia

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CMNT_TITLE

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.

CMNT_TITLE

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.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report to the effect that the French Maritime Labour Code is not applicable in Polynesia. It requests the Government to provide information on the following points.

Article 3, paragraph 1, of the Convention. The Committee notes that under section 4 of the Act of 17 July 1986 concerning general principles of labour law and organization and operation of the labour inspection service and the labour tribunals in French Polynesia, the articles of agreement may be adopted in the forms acceptable to the contracting parties, which may also be in writing. The Committee reminds the Government that the Convention requires that seamen’s articles of agreement must be completed in writing and requests the Government to indicate the parts of national legislation applying this provision in practice.

Articles 12 and 13. The Committee would be grateful if the Government would supply information on the application by national legislation and regulations of these provisions of the Convention.

CMNT_TITLE

The Committee notes the legislation provided by the Government with its report. It would be grateful if the Government would provide general information on the manner in which the Convention is applied (point V of the report form).

CMNT_TITLE

The Committee would be grateful if, in its next report, the Government would enclose a copy of the laws and regulations giving effect to the Convention.