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Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16) - French Southern and Antarctic Territories

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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.

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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 comments.

Repetition
Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indications that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to the resolution concerning this issue adopted by the International Labour Conference at its Third Session in 1921. In the light of the above, the Committee observes that the Convention is currently without object with regard to the TAAF and requests the Government to provide information on any legislative changes in this respect.

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Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 concerning transport permitted the registration, within the jurisdiction of the French Southern and Antarctic Territories (TAAF), of commercial vessels, fishing boats and pleasure craft. However, under section 34 of Act No. 2005-412 of 3 May 2005 concerning the establishment of the French International Register, section 26 of the abovementioned Act of 1996 became inapplicable to commercial vessels as from two years following the publication of the aforementioned Act of 2005 and, on expiry of this period, vessels still registered in the TAAF were to be registered in the French International Register. Moreover, the Committee notes the Government’s indications that the fleet registered in the TAAF now consists solely of a few fishing vessels, to which the Convention is not applicable pursuant to the resolution concerning this issue adopted by the International Labour Conference at its Third Session in 1921. In the light of the above, the Committee observes that the Convention is currently without object with regard to the TAAF and requests the Government to keep the Office informed of any legislative changes in this respect.

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The Committee notes the information supplied by the Government in its reports. In particular, it takes note of the list of shipowners’ and seafarers’ representatives nationwide to which the Government’s reports are duly communicated.

Articles 2 and 3 of the Convention. Medical examination and re-examination. In its previous comments, the Committee recalled that section 1 of Territorial Order No. 22 of 10 June 1996, applicable in the French Southern and Antarctic Territories to the medical certification of fitness for maritime navigation permits, and this facility is commonly used in practice by foreign nationals, that physical fitness for maritime navigation can now be attested by a physician who is simply declared to the French consular authorities abroad. The Committee requested the Government to specify how foreign doctors declared with the consular authorities are approved by the competent authority. The Committee also requested the Government to supply statistical information regarding the manner in which the Convention is applied, and particularly the number and nature of the contraventions reported.

The Committee notes the Government’s information to the effect that the possibility provided by section 1 of Territorial Order No. 22 of 10 June 1996 does not envisage any particular approval of the doctor by the maritime or French consular authority but only a declaration to the consular authorities. Doubtless, it seems difficult to impose a particular approval procedure and to exercise supervision over physicians who do not fall within the purview of the national administration. The Government indicates, nevertheless, that the attention of the relevant services will be duly drawn to this matter so that such physicians receive full, detailed information concerning the conditions of fitness required on such vessels, in application of Territorial Order No. 22 of 10 June 1996, including the particular case of young persons employed on board. The Committee notes the information regarding statistics supplied by the Government which states that, although no statistical records are made by the consular services, checks carried out by shipping safety inspectors show that medical examinations of seafarers sailing under the register of the French Southern and Antarctic Territories (TAAF) are actually conducted and carried out regularly. The Committee also notes that it would be possible to envisage compiling more precise statistics directly with the shipowners concerned. On this score, the Government indicates that modifications to the Overseas Labour Code are envisaged and that regulations will be studied in this context. The Committee requests the Government to supply information on any progress made in this matter.

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The Committee notes the Government’s report for France and the overseas departments and territories. It notes the amendment of 6 July 2000 of the Order of 16 April 1986 concerning the conditions of physical fitness for the occupation of seaman.

Articles 2 and 3 of the Convention. The Committee recalls its comments of the 1999 general observation under Convention No. 73 on the seafarers’ medical examination concerning the special nature of medical examinations in regard to the health of the crew, considered individually and collectively, and the safety of maritime navigation. It recalls in particular, the comment of the French Democratic Confederation of Labour (CFDT) and the National Federation of Maritime Trade Unions (FNSM) of 1995, repeated in 1996 stating that most seamen resident abroad do not have a medical examination of fitness.

The Committee also recalls that section 1 of Territorial Order No. 22 of 10 June 1996 applicable in the French Southern and Antarctic Territories to the medical certification of fitness for maritime navigation permits, and this facility is commonly used in practice by foreign nationals, that physical fitness for navigation can be attested by a doctor who is simply declared to the French consular authorities abroad. The Government is requested to indicate how it is ensured that the provisions of the Convention are respected when the medical examination takes place abroad. The Committee requests the Government to specify how foreign doctors declared with the consular authorities are approved by the competent authority. The Committee also requests the Government to supply statistical information, as soon as such statistics are available, regarding the manner in which the Convention is applied and particularly the number and nature of the contraventions reported.

The Committee requests the Government to indicate, in accordance with article 23, paragraph 2, of the ILO Constitution, the representative organizations of shipowners and seamen to which copies of the latest report have been communicated and if any observations have been received from these organizations concerning the practical application of the provisions of the Convention or the application of the legislative or other measures implementing the Convention.

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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 refers to its General Observation for the Territories.

It would be grateful if the Government would submit a detailed and complete report in accordance with the report form approved by the Governing Body of the ILO. Please also supply the text of the Order of 9 August 1961 that sets the minimum age and physical fitness of seafarers, referred to by the Government in its 1992 report.

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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 would be grateful if the Government would submit a detailed and complete report in accordance with the report form approved by the Governing Body of the ILO. Please also supply the text of the Order of 9 August 1961 that sets the minimum age and physical fitness of seafarers, referred to by the Government in its 1992 report.

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See under Convention No. 73, as follows:

The Committee notes the information in the first report, which is the same as that for France. It would be glad if the Government would kindly include in its next report the information on the practical application of the Convention in the Territories requested in points III and V of the report form. Please also supply a copy of the texts mentioned in the report.