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Certification of Ships' Cooks Convention, 1946 (No. 69) - Türkiye (RATIFICATION: 2005)

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The Committee notes the Government’s reports on Conventions Nos. 55, 68, 69, 92, 108, 133, 134, 146, 164, and 166. In order to provide a comprehensive view of the issues relating to the application of these Conventions on the maritime sector, the Committee considers it appropriate to examine them together.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos. 55, 68, 69, 92, 108, 133, 134, 146, 164, and 166 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos. 55, 68, 69, 92, 133, 134, 146, 164, and 166 as well as requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by Conventions Nos 55, 68, 69, 92, 133, 134, 146, 164, and 166 and the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185) among the countries still bound by Convention No. 108. In this regard, the Committee notes with interest the Government’s information that the Turkish Grand National Assembly approved the ratification of the MLC, 2006 on 2 March 2017 by Law No. 6898 (Official Gazette No. 30018 of 25 March 2017). The Committee notes that the Government further indicates that the ratification process of the MLC, 2006 has not yet been completed, and amendments to the relevant national legislation are underway with a view to bringing it into conformity with the provisions of the Convention. The Committee accordingly requests the Government to provide information on any progress made towards the ratification of the MLC, 2006. The Committee further encourages the Government to consider ratifying Convention No. 185 and reminds it of the possibility to avail itself of the technical assistance of the Office.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Conventions. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

The Committee notes the observations of the Association of Turkish Shipowners (TAİS) communicated with the Government’s report indicating that, in Turkey, there are no particular problems of harmonisation between the measures implementing the MLC, 2006 and Convention No. 108.

Articles 5 and 6 of the Convention. Readmission to a territory and permission to enter a territory. In its previous comments, the Committee recalled that Articles 5 and 6 shall be implemented through laws, regulations, or other measures, and requested the Government to indicate the measures taken to give full effect to these Articles. The Committee notes the Government’s reference to the Turkish Passport Law No. 5682, which provides that all travellers require a valid passport or travel document whenever they leave or enter Turkey (section 2), a seaman’s book being considered a valid travel document (section 12). The Government further refers to section 20(5), which states that the entry and exit of foreign seafarers with regular and appropriate seafarers’ identity documents issued by competent authorities are permitted on the basis of the reciprocity principle. The Committee notes the Government’s reference to section 12(2) of the Law on Foreigners and International Protection, which provides that a visa for entering in Turkey may not be required from those (a) intending to disembark at a port city from a carrier which has been obliged to use Turkish air and seaports due to force majeure and (b) arriving at sea ports and intending to visit the seaport city or nearby provinces for touristic purpose, provided that their stay does not exceed 72 hours. Furthermore, the Committee notes the copy of the “Port City Permit Certificate for Seamen”, which, according to the Government, is issued ex officio for foreign seafarers, at no cost, by the personnel working at the border gates. The Government indicates that such certificate shall be issued upon the written request of the shipmaster with the assurance of the agency serving the ship that the seafarer is not included in the list of banned migration and/or undesirable persons, and shall be valid for multiple 30-day entries, renewable for up to 90 days. The Committee takes note of this information.

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The Committee notes the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Seafarers’ Union of Turkey, received on 29 October 2015 in relation to Conventions Nos 53, 55, 134 and 166. The Committee invites the Government to provide any comment it may wish to make in reply to these observations.

The Committee notes the Government’s indication in its reports that some of the Committee’s previous comments will be taken into consideration when revising the Technical Regulations on Ships No. 27409 of 17 November 2009 after ratification of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes the information provided by the Government that the ratification of the MLC, 2006 was adopted in the Foreign Affairs Commission of the Parliament on 18 June 2014 and is on the agenda of the Grand National Assembly. The Committee recalls that it has raised issues of compliance with the requirements of the Conventions under review for several years. Taking into account that a majority of those requirements have been incorporated into the MLC, 2006, the Committee hopes that the Government will take advantage of this opportunity to adopt measures to bring its legislation into conformity with the Conventions. The Committee requests the Government to provide information on the process of ratification of the MLC, 2006. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these issues in a single comment, as follows.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55)

Article 1 of the Convention. Scope. The Committee previously requested the Government to take measures to ensure that, in relation with the provisions of the Convention, the Maritime Labour Code of 1967 covers all seafarers serving on board Turkish-flagged vessels and not only those of 100 gross tonnage and above. The Committee notes that the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Seafarers’ Union of Turkey indicate that even if Article 1 of the Maritime Labour Code authorizes the Council of Ministers to extend its provisions to vessels of less than 100 gross tonnage, the Code should be amended to cover the persons employed on those vessels, particularly those navigating in coastal waters. Noting that the Government has not provided information on this point, the Committee requests the Government, once again, to ensure that the legislation implementing the Convention covers all seafarers employed and engaged in maritime navigation on board any Turkish-flagged vessel, including vessels of less than 100 gross tonnage. The Committee further notes the TÜRK-İŞ’ and the Seafarers’ Union of Turkey’s indication that the different deficiencies raised by the Committee in its previous comments concerning the application of the Convention are compensated, in practice, through the provisions of a collective agreement.

Article 3(b). Provision of board and lodging. The Committee previously requested the Government to specify how it is ensured, under the Social Insurance and Universal Health Insurance Act No. 5510 of 31 May 2006, that the medical care and maintenance of the sick or injured seafarer comprises not only medical treatment and supply of proper and sufficient medicines but also board and lodging, as required by Article 3(b) of the Convention. The Committee notes that the Government, as well as TÜRK-İŞ, together with the Seafarers’ Union of Turkey, refer to articles 65 and 66 of the Social Insurance Act which seem to cover board and lodging as required by the Convention. The Committee takes notes of this information.

Article 5(1)(a). Payment of full wages. The Committee previously requested the Government to adopt the necessary measures to ensure that, in cases of sickness or injury resulting in incapacity for work, the shipowner will pay full wages as long as the sick or injured person remains on board. Noting the Government’s indication that no information could be provided in relation to this matter, the Committee requests it once again to adopt the necessary measures to implement this provision of the Convention.

Article 6(2). Repatriation destination. The Committee previously requested the Government to explain how it is ensured that seafarers can choose the repatriation destination among the ports specified in the Convention. Noting the Government’s indication that no information could be provided in relation to this matter, the Committee requests once again that the Government adopt the necessary measures to implement this provision of the Convention.

Article 8. Property left on board. The Committee previously requested the Government to indicate how it is ensured that all property left on board by sick, injured or deceased seafarers is safeguarded by the shipowner. Noting that the Government indicated that no information could be provided in relation to the Committee’s previous comment on the matter, the Committee requests the Government to take the appropriate measures in order to ensure that all property left on board by sick, injured or deceased seafarers is safeguarded by the shipowner, and to inform the Committee of measures adopted.

Article 11. Equality of treatment. The Committee previously requested the Government to take appropriate action to ensure that all laws or regulations relating to seafarers’ sickness and injury benefits apply to all seafarers without distinction. In this regard, the Committee notes the observations from the Seafarers’ Union of Turkey to the effect that Turkish law is incompatible with the Convention. The Committee recalls that the Convention expressly requires equality of treatment of all seafarers irrespective of nationality, domicile or race. Given the fact that the Government has not replied to the Committee’s previous comment on the matter, the Committee must therefore reiterate its request.

Food and Catering (Ships’ Crews) Convention, 1946 (No. 68)

Article 4 of the Convention. Permanent and qualified staff. The Committee previously required information on the status and qualifications of the inspectors or other persons responsible for ensuring compliance with the requirements of the Convention which concern food and catering services for ships’ crews. The Committee notes the Government’s reference to section 12 of the Regulations on Ships’ Inspection No. 26342 of 10 November 2006 and to the provisions of the Regulations on Port State Control No. 26120 of 26 March 2006. The Committee notes that the abovementioned section 12 refers to the qualifications of ship building control officers, deck control officers, ship engine control officers and marine radio control officers. The Committee takes note of this information.

Article 6. System of inspection. The Committee previously requested the Government to indicate any laws or regulations providing for a system of inspection of all aspects of food supply and catering services on board merchant ships. The Committee notes in this regard that article 5 of the Regulations on Accommodation, Food and Catering and Seafarers’ Health No. 20378 of 20 December 1989 entrusts the audit and inspection of the implementation of these Regulations to the officials of the Ministry of Labour and Social Security. The Committee takes note of this information.

Article 7. Inspections at sea. The Committee previously requested the Government to indicate: (i) whether the inspection by the catering board provided under section 27 of the Regulations No. 20378 also encompasses the inspection of the spaces and equipment used for the storage and handling of food and water, as well as the galley and other equipment for the preparation and service of meals; (ii) whether the internal regulations provided for under section 15 of the same Regulations systematically indicate the intervals at which inspections at sea should be carried out by the catering board; and (iii) measures taken or envisaged ensuring that results of inspections at sea are recorded. Concerning the issue raised under (i), the Committee notes that according to section 15 of the same Regulations, the internal regulations adopted by the shipowner should provide for the inspection on board of the spaces and equipment used for the storage and handling of food and water, as well as the galley and other equipment for the preparation and service of meals. The Committee takes note of this information. Concerning point (ii), the Committee notes that the Government has not provided specific information regarding the interval of inspection. The Committee recalls that Article 7 of the Convention requires that inspections be done at prescribed intervals. The Committee therefore once again requests that the Government indicate whether, under section 15 of the Regulations, the intervals at which inspections at sea should be carried out is indicated. Concerning the recording of inspections at sea, the Committee notes that section 6 of the Regulations provides that “under the responsibility of the ship captain, it is mandatory to have a labour inspection book and a ship surveillance book on each ship”; that “the labour inspection book is kept in line with the principles set out in the labour inspection regulations” and that “registration in the ship surveillance book is made by the first officer or health officer together with the representative of workers if there is one”. The Committee takes note of this information.

Article 8. Special inspection following complaints. Referring to section 27 of the abovementioned Regulations No. 20378, the Committee previously requested the Government to provide information on the implementation of the procedure established for dealing with complaints falling within the scope of the Convention. The Committee notes that the Government indicates that complaints on issues related to the Convention may be addressed to the Ministry of Labour and Social Security, in particular through the Labour and Social Security Communication Center (Hello 170) available 24 hours and seven days a week. Recalling that Article 8 of the Convention provides that a special inspection shall be made when a complaint has been duly filed, the Committee requests the Government to indicate if inspections are conducted to investigate complaints addressed to the Ministry of Labour.

Article 10. Annual report. The Committee previously requested the Government to provide information on how it ensures that the annual report of the Labour Inspection Board covers food and catering of ships’ crews and is made available to all bodies and persons concerned. Noting that the Government has provided no information on this issue, the Committee reiterates its request.

Article 11. Training and refresher courses. The Committee previously requested the Government to provide further details on the training courses organized for staff members employed in the catering department of seagoing ships. The Committee notes the Government’s indication that the minimum requirements for ships’ cooks training are provided for in Annex 24 of Directive No. 14739 on Examination and Training of Seafarers of 2 March 2015. The Committee notes this information.

Article 12. Collection and publication of information. The Committee previously requested the Government to describe any measures taken with a view to collecting and disseminating information on nutrition, methods of storing, preserving, cooking and serving food, with special reference to catering requirements on board ship. The Committee notes the Government’s reference to section 11 of the abovementioned Regulations No. 20378 which provides for the collection of the information relevant to the catering board. The Committee also notes the Government’s indication that meetings of the ship’s catering board are held once a year and attended by the social partners. Finally, the Committee notes the project set up by the Directorate General on Occupational Health and Safety regarding the calculation of the calorific value of seafarer’s food. The Committee takes note of this information.

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

Article 4(2)(b) of the Convention. Minimum period of service at sea. The Committee previously requested the Government to clarify if the minimum period of six months serving as a cook, provided for in the legislation to obtain a certificate of qualification as a ship’s cook, had to be spent at sea. The Committee notes the Government’s indication that, until 28 June 2013, seafarers could obtain a certificate of qualification as a ship’s cook by demonstrating at least six months of service as a cook on a ship. The Government adds that, as from that date, to serve as a ship’s cook, the person must have obtained a ship’s cook conformity certificate as provided for in article 29 and Annex 24 of Directive No. 14739 of 2 March 2015 on Examination and Training of Seafarers. The Committee requests the Government to specify if in order to obtain the ship’s cook certificate, the seafarer must have served for a minimum period at sea as required by Article 4(2)(b).

Article 4(2)(c), (3) and (4). Examinations and certificates of qualification. The Committee previously requested specific details on the completion of the training provided by vocational colleges, the specific examinations held in order to obtain a certificate as a ship’s cook and especially: (i) the authority or authorities which organize and issue this certificate; and (ii) the nature of the examinations (including the practical tests) which have to be taken. The Committee notes the Government’s indication that ship’s cook training is subject to a final examination comprising a practical and a theoretical section. The Committee further notes that, according to the Government, this examination is carried out under the supervision of the trainers of education institutions, which operate under the responsibility of the Ministry of Education. The Committee also notes that the curriculum of the training course for ships’ cooks is provided for in Annex 24 of the abovementioned Directive No. 14739. The Committee takes note of this information.

Article 6. Recognition of certificates. The Committee previously requested the Government to clarify whether section 54 of the Regulations of Seafarers No. 24832 of 31 July 2002, which provides that, in order to be recognized, certificates issued by foreign authorities to Turkish nationals and foreigners must be compatible with rule 1/10 and section A-1/10 of the Code of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended, also applies to ships’ cooks and, if not, whether any similar provisions exist for the recognition of certificates for ships’ cooks issued in other territories. The Committee notes the Government’s indication that section 54 of the Regulations No. 24832 does not apply to ship’s cooks. The Committee requests, once again, that the Government indicate whether provisions exist for the recognition of certificates for ships’ cooks issued in other territories.

Medical Examination (Seafarers) Convention, 1946 (No. 73)

Article 3 of the Convention. Medical examinations of seafarers. The Committee previously requested additional information concerning the manner in which the competent authority ensures effective supervision of both the quality and the reality of the medical examination for non-resident foreign seafarers, in particular when the examination is carried out in the seafarer’s country of residence or domicile. The Committee notes the Government’s indication that medical certificates obtained in another country are valid if their form and content comply with the requirements of the Convention and the Seafarers’ Health Directive. The Committee takes note of this information.

Article 5(3). Medical certificate expired in the course of a voyage. The Committee previously requested the Government to specify the legal text providing for the seafarer’s entitlement to request the renewal of his medical certificate within a period not exceeding six months in cases where it expires in the course of a voyage. The Committee notes the Government’s indication that section 61 of the Regulations No. 24832, as amended in 2012, provides that, if the period of validity of a certificate expires during the course of a voyage, the certificate shall continue to be in force until the end of that voyage provided that this period does not exceed three months. The Committee takes note of this information.

Article 6(1). Exemption possibility in urgent cases. The Committee previously requested the Government to clarify whether the national legislation permits, in exceptional circumstances and only for a single voyage, the employment of a seafarer without a medical certificate. The Committee notes the Government’s indication that section 61 of the Regulations No. 24832, as amended in 2012, provides that, in exceptional circumstances, the employment of a seafarer without a medical certificate is permitted until the next port of call. The Committee notes that this provision is in conformity with the Convention.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Article 5 of the Convention. Ship inspection in case of complaint. The Committee previously noted the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) on 10 August 2010 which addressed the issue of the complexity of the complaint process stating that the system requires a statement to be made before a public notary, an official from the Ministry of Health to be called in and a report to be drawn up under the supervision of the notary, while there is no established mechanism for investigating such complaints. Furthermore, TÜRK-İŞ stated that monetary fines for failing to comply with crew accommodation requirements are not a sufficient deterrent. The Committee notes that the Government has not provided any comments on these observations. The Committee recalls that the Convention requires that, on every occasion when a complaint is made, the competent authority will inspect the ship and satisfy itself that the crew accommodation comply with the requirements of the laws and regulations. The Committee requests the Government to indicate the measures taken to put in place sufficiently dissuasive sanctions for ships failing to comply with crew accommodation requirements and to establish a mechanism for investigating complaints.

Article 6(8). Fire prevention. The Committee previously requested the Government to indicate any decisions taken by the competent authorities regarding the extent to which ship constructors are required to take fire-prevention or fire-retarding measures in the construction of crew accommodation. The Committee notes the Government’s reference to section 17(2) of the Regulations on Shipyard, Boat Manufacturing and Slipway No. 29400 of 28 June 2015 which provides that fire extinguishers, first-aid units and equipment will be ready for use. While noting this information, the Committee requests the Government to indicate decisions taken, if any, by the competent authorities regarding the extent to which ship constructors are required to take fire-prevention or fire-retarding measures in the construction of crew accommodation.

Article 10. Sleeping rooms. The Committee previously requested the Government to indicate any berthing and sleeping room arrangements reflecting Article 10(8), (9)(a) and (d), (10) and (28). The Committee notes the Government’s indication that the requirements of Article 10 are addressed by the Technical Regulations on Ships No. 27409 of 17 November 2009 which are in the process of being revised. The Committee notes that the draft amendments provided by the Government seem to fulfil the requirements of this Article of the Convention. The Committee therefore requests the Government to provide a copy of the revised Technical Regulations on Ships No. 27409 when adopted and to indicate the specific provisions of the Regulations which give effect to the requirements of Article 10 of the Convention.

Article 11(3), (4), (9) and (10). Mess rooms. The Committee previously requested the Government to indicate: (i) whether, in practice, separate mess-room accommodation is provided in ships of 1,000 GT and over for deck department petty officers and other ratings as well as for engine department petty officers and other ratings (paragraph 3); (ii) whether adequate provisions for mess room accommodation for the catering department exists for ships of less than 5,000 GT (paragraph 4); and (iii) whether proper facilities for washing utensils are provided even where available pantries are not accessible to mess rooms and whether seats in the mess rooms are of a damp-resisting material capable of being easily cleaned (paragraphs 9 and 10). The Committee notes the information provided by the Government related to mess-room accommodation for petty officers and other ratings as well as for the catering department. It also notes that section 103 of the Technical Regulations on Ships No. 27409 fulfils the requirements of Article 11(10) of the Convention. The Committee requests the Government to indicate whether proper facilities for washing utensils are provided even where available pantries are not accessible to mess rooms as required under Article 11(9) of the Convention.

Article 13(2)(d), (3), (4)(b) and (10). Sanitary accommodation. The Committee previously repeated its request for the Government to take measures to: (i) prescribe the allocation of water closets to various groups of the crew (paragraphs 3 and 4(b)); (ii) ensure that all sanitary facilities are provided with soil pipes and water pipes of adequate dimensions and so constructed as to minimize the risk of obstruction and to facilitate cleaning (paragraph 10); and (iii) to indicate whether, in ships where the radio officers or operators are accommodated in an isolated position, provision is made for sanitary facilities near or adjacent thereto (paragraph 2(d)). The Committee notes the Government’s reference to sections 59 and 60 of the Regulations on Accommodation, Food and Catering and Seafarers’ Health No. 20378 of 20 December 1989, which relate to sanitary installations. The Committee notes that, while section 60 of the Regulations fulfils the requirements of paragraph 2 of Article 13 of the Convention (separate water closets), section 59 fulfils only partially those of paragraph 4 of the same Article (sanitary facilities). The Committee requests the Government to adopt the necessary measures to ensure that all members of the crew who do not occupy rooms to which private facilities are attached are provided with the required sanitary facilities in conformity with the Convention.

Article 14. Hospital accommodation. The Committee previously requested the Government to indicate the legal provisions specifying that ships carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration must provide separate hospital accommodation which is suitably situated and easily accessible. The Committee notes the Government’s reference to section 14 of the Regulations No. 20378 of 20 December 1989 which is in conformity with this Article of the Convention. The Committee takes note of this information.

Articles 15 and 16. Specific crew accommodation requirements. The Committee previously requested the Government to specify how it is ensured that: (i) sufficiently and adequately ventilated accommodation is provided outside of the sleeping rooms for the hanging of seafarers’ oilskins; (ii) in ships of over 3,000 GT, one room for the deck department and one room for the engine department are provided and equipped for use as an office; (iii) measures are taken to protect the crews’ quarters in ships regularly trading to mosquito-infested ports by the fitting of suitable screens to side scuttles, ventilators and doors to the open deck; and (iv) in the case of ships in which are employed such groups of ratings as necessitate the employment of a substantially larger number of ratings than would otherwise be employed, special arrangements are made to take account of distinctive national habits and customs, in particular concerning the number of persons occupying sleeping rooms and concerning mess rooms and sanitary facilities. The Committee notes the Government’s reference to Part 2 of the abovementioned Regulations No. 20378. The Committee notes, however, that this part of the Regulations does not contain provisions giving effect to Articles 15 and 16 of the Convention as detailed above. The Committee requests, once again, that the Government provide the requested information to show conformity with Articles 15 and 16 of the Convention.

Article 17(2). Weekly inspections. The Committee previously requested the Government to indicate the provisions in the national legislation providing for weekly inspections by the captain or an officer specially deputed for the purpose by him and providing for the recording of those inspections. The Government refers to section 5 of the Regulations No. 20378 – which provides for audit and inspection by Ministry officers to ensure the respect of the Regulations – and to section 15 of the Regulations on Port State Control No. 26120 of 26 March 2006 on the examination of documents at port, neither of which provide for weekly inspections of crew accommodation on board the ship. The Committee requests, once again, that the Government indicate the provisions in the national legislation which give effect to this Article of the Convention.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Articles 2 and 4 of the Convention. Form and content of seafarer’s identity document. The Committee previously requested the Government to indicate how it is ensured that the seamen’s books contain, among other particulars, the seafarer’s physical characteristics. Moreover, the Committee had requested the Government to provide comments on the observations submitted by the Confederation of Turkish Trade Unions (TÜRK-IŞ) regarding, among other issues, the fact that seafarers’ identity documents currently issued in paper form should be converted to electronic card and that their validity should be extended to at least five years so as to avoid frequent and lengthy administrative procedure for their renewal. Moreover, TÜRK-İŞ indicates that, in practice, the national identity documents are not accepted in every port and, therefore, the Government should seek ways to render the seafarer’s books valid internationally. The Committee notes the specimen of the new seafarer’s book provided by the Government. The Committee notes in particular the changes made to the seafarers’ identity documents’ form and content which are technologically improved and offer advanced safety features, including a barcode in conformity with ICAO document 9303. While the Government has not provided comments on the observations submitted by the Confederation, the Committee considers that the new seafarers’ identity documents, valid for a period of five years with advanced safety features seem to address its concerns.

Articles 5 and 6. Readmission to a territory and permission to enter a territory. The Committee previously requested the Government to take the necessary measures in order to implement Articles 5 and 6 of the Convention concerning admission to the territory with a seafarer’s identity document. The Committee notes the Government’s statement that the new seamen’s book issued by Turkey can be used as a passport, after provincial endorsement, for readmission, entry, temporary shore leave and other issues, in compliance with Articles 5 and 6 of the Convention. It also notes that TÜRK-İŞ had indicated in its observations that there is currently no legal provision guaranteeing permission for a seafarer holding a valid identity document to enter a territory for the purposes of joining his or her ship or transferring to another ship or passing in transit to join his or her ship in another country. The Committee requests the Government to indicate the provisions of its legislation implementing the requirements of these Articles of the Convention.

The Committee recalls that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It draws the Government’s attention to its general observation addressing the recent amendments to the annexes of Convention No. 185.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Article 5 of the Convention. Sleeping rooms. The Committee previously requested the Government to take measures to ensure that: (i) an individual sleeping room be provided for each adult member of the crew where this is reasonable and practicable; (ii) the number of ratings in each cabin do not exceed four persons; and (iii) officers be provided with extra floor area in sleeping rooms in the event they are not provided with private sitting room or day room. The Committee notes that the Government refers to the draft amendments to the Technical Regulations on Ships No. 27409 of 17 November 2009, which should take into account the comments of the Committee. The Committee requests the Government to provide information on any progress made towards the adoption of the amendments, to provide a copy of the revised Technical Regulations on Ships No. 27409 and to indicate the specific provisions of these Regulations which give effect to each of the requirements of the Convention.

Article 6(1) and (3). Mess rooms. The Committee previously requested the Government to take measures to ensure that, in ships of 1,000 gross tonnage (GT) and over, the floor area of mess rooms for officers and ratings is not less than one square metre per person of the planned seating capacity and that a conveniently situated refrigerator, as well as facilities for hot beverages and cold water, are available to seafarers. The Committee notes the Government’s reference to sections 55 and 56 of the Regulations on Accommodation, Food and Catering and Seafarers’ Health No. 20378, which addresses the requirements under Article 6(2) of the Convention but not those under Article 6(1) and (3) recalled above. The Committee notes that on this issue, the Government also refers to the draft amendments to the Technical Regulations on Ships No. 27409.

Article 7(2). Bookcase. The Committee previously requested the Government to take measures to ensure that recreation accommodation include, as a minimum, a bookcase. The Committee notes that on this issue, the Government also refers to the draft amendments to the Technical Regulations on Ships No. 27409.

Article 8. Sanitary facilities. The Committee previously requested the Government to take measures to ensure that: (i) in all ships, a minimum of one water closet and one shower bath will be provided for every six persons or less; (ii) in ships of 15,000 GT or over, individual sleeping rooms for officers must have attached to them a separate private bathroom; (iii) in ships of 25,000 GT or over, other than passenger ships, a bathroom must be provided for every two ratings; (iv) women employed on board are provided with separate sanitary facilities; (v) every laundry room is equipped with drying machines, irons and ironing boards; and (vi) in ships of 5,000 GT or over, other than passenger ships, each sleeping room is provided with a washbasin having hot and cold running fresh water. The Committee notes that on this issue, the Government also refers to the draft amendments to the Technical Regulations on Ships No. 27409.

Article 9. Water closet and wash basin. The Committee previously requested the Government to take the necessary measures to ensure the availability of a water closet and a washbasin for those on duty in the navigating bridge deck and in the machinery space on ships of 1,600 GT or over. The Committee notes that on this issue, the Government also refers to the draft amendments to the Technical Regulations on Ships No. 27409.

Article 10. Headroom. The Committee previously requested the Government to take measures to ensure that the headroom in the crew accommodation is not less than 1.98 metres. The Committee notes the Government’s indication that section 99(8) of the Technical Regulations on Ships No. 27409 of 17 November 2009 provides that, any place which requires free movement of the crew will be no less than 1.98 metres as provided for in the Convention. The Committee takes note of this information.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Articles 2 and 3 of the Convention. Statistics and research. The Committee previously requested the Government to provide more detailed statistical information on the numbers, nature, causes and effects of maritime occupational accidents as well as any specific studies analysing the particular hazards of maritime employment. The Committee notes the Government’s indication that no information could be obtained on this matter. The Committee recalls that it is an obligation, under Article 2 of the Convention, to keep and analyse comprehensive statistics of occupational accidents and, under Article 3, to undertake research into general trends and into such hazards as are brought out by statistics. The Committee therefore requests, once again, the Government to take the necessary measures in order to collect more statistical information and collate and analyse data as required by these Articles of the Convention.

Article 4. Prevention of accidents peculiar to maritime employment. The Committee previously requested the Government to indicate any relevant provisions related to the prevention of occupation accidents covering the matters peculiar to maritime employment enumerated in Article 4(3) of the Convention. The Committee notes the Government’s reference to the adoption of the new Occupational Health and Safety Act No. 6331 of 20 June 2012. The Committee notes in this regard that the Seafarers’ Union of Turkey indicates that this Act excludes from its scope vessels engaged in international maritime transport. The Committee requests the Government to confirm whether maritime transport is covered by this law. Furthermore, while noting that this legislation is of general nature, the Committee recalls that Article 4(2) and (3) of the Convention require Members to specify measures for the prevention of accidents which are peculiar to maritime employment. The Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Article 6. System of inspection. The Committee previously requested the Government to specify the measures taken by the inspection and enforcement authorities concerning the prevention of accidents on board ships. The Committee notes the Government’s indication that an Accident Investigation and Review Board was established in 2011 and that Regulations No. 29056 concerning the investigation of maritime events and accidents were published on 10 July 2014. The Committee also notes the observations made by the Seafarers’ Union of Turkey stating that the board investigating maritime accidents does not have to be based on tripartite representation. While noting the above information, the Committee recalls that the Convention requires a system of inspections aimed at preventing accidents more broadly and not only at investigating accidents. The Committee therefore requests the Government to specify the measures taken to ensure the full implementation of the provisions of the Convention concerning the prevention of accidents on board ships.

Article 8. Accident prevention programmes. The Committee previously requested the Government to indicate any programmes for the prevention of occupational accidents that might have been established and implemented with the cooperation of shipowners’ and seafarers’ organizations. The Committee notes the Government’s statement that it is working towards changing practices and the mindset of all involved in order to build a culture of security, in collaboration with the social partners. The Committee also notes the Government’s reference to 1,343 programmes of continuous education for occupational safety and health in a variety of fields. The Committee notes, however, that these courses are not specifically related to maritime labour. It recalls that Article 8 of the Convention requires that programmes for the prevention of accidents be established and implemented in cooperation with shipowners’ and seafarers’ organizations. The Committee therefore requests, once again, the Government to indicate the measures taken to give effect to this provision of the Convention.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146)

Article 4(1) of the Convention. Proportionate leave. The Committee previously requested the Government to indicate the manner in which it is ensured that seafarers whose length of service is less than the period required to have full or partial entitlement to the whole period of leave provided for in section 40 of the Code on Maritime Labour are entitled to annual leave proportionate to the length of service accomplished. In this regard, the Committee had also noted the observations from the Confederation of Turkish Trade Unions (TÜRK-İŞ) received on 11 December 2010 indicating that this tended to deprive seafarers of their leave when they undertook voyages lasting less than six months. The Committee notes that the Government does not provide a reply to these observations and reiterates that section 40 of the Code on Maritime Labour stipulates that the period of leave may not be less than 15 days for any seafarer who has worked between six months and one year and may not be less than one month for any seafarer who has worked for at least one year. The Committee requests the Government to take measures without delay in order to ensure full compliance with this provision of the Convention.

Article 7(3). Holiday remuneration. In its previous comments, noting that the national legislation was not in conformity with the Convention, the Committee requested the Government to indicate how it is ensured that any seafarer who leaves the service of his employer after any period of time is entitled to the remuneration relating to the annual leave due to him in proportion to his length of service. In this regard, the Committee had noted the observations from TÜRK-İŞ to the effect that the Code on Maritime Labour did not provide for remuneration in proportion to the length of service for seafarers recruited for less than six months. The Committee notes that the Government has not provided new information on this issue. The Committee therefore requests the Government to adopt measures without delay in order to ensure full compliance with Article 7(3) of the Convention.

Article 9. Replacement of annual leave with cash payment. The Committee previously requested the Government to supply specific information on the manner in which it is ensured that the replacement of annual leave with a cash payment is only permitted in exceptional cases. The Committee notes the Government’s reference to article 40 of the Code on Maritime Labour according to which in the case that the labour contract of the seaman is terminated before he has had a chance to take paid leave, the employer or the representative of the employer has the obligation to make the payment related to the period of vacation. The Committee further notes that this is the only case of replacement of annual leave with cash payment provided for in the Code of Maritime Labour. The Committee takes note of this information.

Article 10. Location and timing of leave. The Committee previously requested the Government to indicate the measures taken to ensure that if seafarers are required to take annual leave in a place other than that permitted by paragraph 2 of this Article (i.e. the place where they were engaged or recruited or that which is provided in a collective agreement or national laws or regulations), they will be entitled to free transportation to the place where they were engaged or recruited, whichever is nearer their home, and subsistence and other costs directly involved in their return there shall be for the account of the employer and that the travel time involved shall not be deducted from the annual leave with pay due to seafarers. The Committee noted the Government’s indication that section 40 of the Code on Maritime Labour provides that a seafarer cannot be forced to take leave in a foreign port or in any place other than the place of recruitment and that, if it is necessary for the seafarer to travel from a foreign port to the employee’s place of recruitment to take leave, the employee may request seven days of unpaid leave to do so. The Committee recalled, however, that the Convention requires the seafarer’s transport and subsistence costs during such travel, and also costs directly related to such travel, to be paid by the employer. The Committee notes that the Government provides no new information on this issue. The Committee must therefore request the Government once again to indicate the measures taken or contemplated to give full effect to this provision of the Convention. Furthermore, the Committee noted the observations from TÜRK-İŞ to the effect that under section 40 of the Code the timing of leave is entirely at the discretion of the employer. While noting that the Government has not provided a reply to these observations, the Committee requests the Government to indicate the measures taken to ensure, as far as possible, that the timing of the leave is determined in agreement with the seafarer concerned.

Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164)

Article 1(2) of the Convention. Application to fishers. The Committee previously requested the Government to transmit any comments in reply to the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ) alleging that medical care in the fishing sector remains inadequate especially in the absence of strong trade unions. While noting the Government’s indication that the Occupational Health and Safety Act No. 6331 of 20 June 2012 applies to fishing vessels and that Regulation No. 28741 on precautionary measures for health and safety during work performed on board fishing vessels was published on 20 August 2013, the Committee requests the Government to provide information on any measures adopted to ensure that, to the extent it deems practicable, the Convention is fully applied in practice to commercial maritime fishing.

Article 5(6). Measures for the transport of dangerous cargo. The Committee previously requested the Government, following an observation from TÜRK-İŞ on the matter, to clarify how it is ensured that the necessary information regarding a cargo classified as dangerous is made available to the seafarers. The Committee notes that the Government refers to various provisions regarding training, prevention and safety while working with dangerous substances. However, these provisions do not address this specific requirement of the Convention that seafarers must be informed of the presence of dangerous goods carried on board where a cargo is classified dangerous but has not yet been included in the most recent edition of the Medical First Aid Guide for Use in Accidents involving Dangerous Goods published by the International Maritime Organization. The Committee requests the Government to adopt the necessary measures to implement this requirement of the Convention.

Article 6. Medical guide. The Committee previously requested the Government to submit a copy of the ship’s medical guide adopted by the Ministry of Health. The Committee takes note of the copy transmitted by the Government.

Article 8(2). Requirement to carry a medical doctor on board. The Committee previously requested the Government to specify the class or classes of ships, out of the three classes provided for in the Regulations on Minimum Health and Security Requirements for Giving Better Medical Care in Navigating Ships No. 24794 of 23 June 2002, that are required to carry a medical doctor as a member of the crew. The Committee notes the Government’s reference to section 5(d) of the above mentioned Regulations which provide that ships should carry a qualified medical doctor when carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration. The Committee notes that this is in conformity with Article 8(2) of the Convention.

Article 11. Hospital accommodation. The Committee previously requested the Government to indicate the legal provisions giving effect to the detailed requirements of this Article. The Committee notes the Government’s reference to section 5(b) of the Regulations on Minimum Health and Security Requirements for Giving Better Medical Care in Navigating Ships No. 24794 of 23 June 2002 and section 67 of the Regulations on Accommodation, Food and Catering and Seafarers’ Health No. 20378 of 20 December 1989 which fulfil the requirements of paragraphs 1, 4, 5, 6, 7 and 9 of Article 11 of the Convention. The Committee recalls however that Article 11(8), requires that water closet accommodation is provided for the exclusive use of the occupants of the hospital accommodation, either as part of the accommodation or in close proximity thereto. The Committee requests the Government to indicate the legal provisions giving effect to Article 11(8), of the Convention.

Article 12. Standard medical report form. The Committee previously requested the Government to provide a copy of the standard medical report form. The Committee takes note of the copy submitted by the Government.

Repatriation of Seafarers Convention (Revised), 1987 (No. 166)

Articles 2 to 12 of the Convention. Seafarers’ entitlement to repatriation. The Committee previously requested the Government to take without delay all appropriate measures with a view to rectifying the numerous implementation gaps of the Convention, in relation to: the seafarer’s entitlement to repatriation in the event of a ship bound for a war zone to which the seafarer does not consent to go (Article 2(1)(f)) or for any other similar reason (Article 2(1)(g)); the determination of the maximum duration of service periods following which a seafarer is entitled to repatriation (Article 2(2)); the seafarer’s right to choose among the prescribed destinations the place to which he or she is to be repatriated (Article 3(2)); the obligation of the shipowner to arrange for repatriation (Article 4) and to include among the repatriation cost to be borne by the shipowner the passage to the destination selected (Article 4(4)(a)) and the medical treatment when necessary until the seafarer is medically fit to travel (Article 4(4)(e)); the prohibition to require seafarers to make an advance payment towards the cost of repatriation at the beginning of their employment, or to recover the cost of repatriation from their wages (Article 4(5)); the obligation of the flag State to arrange for and meet the repatriation cost if a shipowner fails to do so (Article 5); the prohibition to deduct any time spent awaiting repatriation and repatriation travel time from the seafarer’s paid leave (Article 7); and the availability of the text of the Convention in an appropriate language on board every ship (Article 12). The Committee notes the comments from TÜRK-IŞ to the effect that the Code on Maritime Labour No. 854 does not fulfil the requirements of the Convention. It states that repatriation has been, for a long time now, one of the principal grievances of seafarers and that sections 21, 22, 23 and 24 of the Code on Maritime Labour on repatriation need to be urgently revised to be in conformity with the Convention. TÜRK-IŞ also states that the Code on Maritime Labour contains explicit violations to the Convention such as the fact that the employer can claim repatriation costs from a seafarer who terminated his employment contract while abroad because: (a) his wages have not been paid in accordance with the statutory regulations or his employment contract; or (b) the employer or his representative has behaved towards the seafarer in a manner which is unlawful or which contravenes the employment contract or other working conditions. Concerning Article 4(4)(e), the Committee notes the Government’s indication that, according to sections 4(4) and 15(4) of the Occupational Health and Safety Act No. 6331 of 20 June 2012, the employer covers all expenses arising from health surveillance and cannot impose the cost of occupational health and safety measures on workers. However, the Committee notes that these provisions do not specifically fulfil the requirements of Article 4(4)(e) of the Convention, which requires the shipowner to bear the cost of medical treatment when necessary until the seafarer is medically fit to travel to the repatriation destination. Noting that the Government indicated that regulations were being prepared to give effect to the Convention, taking into account the comments of the Committee, the Committee notes with regret that the Government has not reported any progress in this regard. The Committee requests, once again, the Government to take without delay all appropriate measures with a view to rectifying the numerous implementation gaps concerning the Convention mentioned above.

[The Government is asked to reply in full to the present comments in 2018.]

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Article 4(2)(b) of the Convention. Minimum period of service at sea. The Committee notes that, under the terms of section 10(e)(2) of the Regulations on Seafarers of 31 July 2002, a certificate of qualification as ship’s cook is issued when the candidate has served as cook for six months. However, this provision does not state whether such service must be performed at sea. The Committee therefore requests the Government to clarify whether the minimum period of service of six months must be performed at sea, in accordance with this Article of the Convention.

Article 4(2)(c), (3) and (4). Examinations and certificates of qualification. With reference to its previous comment, the Committee notes that the Government’s reply contains general information concerning the inspection of ships with regard to lifesaving, fire protection and on-board equipment. However, the Committee draws the Government’s attention to the fact that its previous request was concerned with matters relating to the specific nature of the examinations (including the practical tests) which have to be taken in order to obtain a certificate as ship’s cook. The Committee wishes to know in particular whether, upon completion of the training provided by vocational colleges, specific examinations are held in order to obtain a certificate as ship’s cook and especially: (i) the authority or authorities which organize and issue this certificate; and (ii) the nature of the examinations (including the practical tests) which have to be taken. The Committee requests the Government to supply specific details on the application of the Article of the Convention in its next report.

Article 6. Recognition of certificates. The Committee notes that the Government’s report says nothing on this matter. It therefore again requests the Government to clarify whether section 54 of the Regulations on Seafarers, which provides that, in order to be recognized, certificates issued by foreign authorities to Turkish nationals and foreigners must be compatible with rule 1/10 and section A-1/10 of the Code of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended, also applies to ships’ cooks and, if not, whether any similar provisions exist for the recognition of certificates for ships’ cooks issued in other territories.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including, for example, information on the manner in which the Under-Secretariat of Maritime Affairs supervises the application of the legal provisions concerning the certificate of qualification that must be obtained by ships’ cooks, including inspection reports and information on the number of infringements recorded, the remedial action taken, extracts from inspection reports and statistics, if available, relating to the number of certificates issued.

Finally, the Committee wishes to draw the Government’s attention to the fact that the minimum standards concerning training and qualifications for ships’ cooks have been incorporated into 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 as well as 36 other international maritime labour conventions. The Committee therefore encourages the Government to implement Convention No. 69 in such a way as to ensure the application of the corresponding provisions of the MLC, 2006, once the latter has been ratified and enters into force. The Committee requests the Government to keep the Office informed of any progress made in this matter.

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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:

Article 4(1), (3) and (4) of the Convention. Examinations and certificates of qualifications. With regard to the granting of certificates of qualification, the Government firstly refers to provisions set forth in the Regulations on Seafarers of 31 July 2002, which provide that the Seafarers’ Examination Centre is the only authority responsible for the organization of examinations. Given the very general nature of these provisions, the Committee asks the Government to indicate the specific nature of the examinations (including the practical tests), which are to be passed in order to obtain a ships’ cooks certificate.

Secondly, the Government states that students who have attained qualifications from vocational colleges governed by the Ministry of National Education may also be employed as ships’ cooks after having received supplementary skill training on living conditions and adapting to life on board ship. The Government states that specific programmes for obtaining the ships’ cooks certificate may also be set up with these colleges, in agreement with the departmental prefect. The Committee asks the Government to indicate whether, upon completion of the training provided by vocational colleges, specific examinations are held in order to obtain the ships’ cooks certificate. The Government is also requested to indicate: (i) the authority or authorities which organize and issue this certificate; and (ii) the nature of the examinations (including the practical tests) which are to be passed.

Article 6. Recognition of certificates. Section 54 of the Regulations on Seafarers provides that, in order to be recognized, the certificates issued by foreign authorities must be compatible with rule 1/10 and section A-1/10 of the Code of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended. Since the STCW Convention does not deal with ships’ cooks, the Committee asks the Government to indicate whether section 54 of the Regulations on Seafarers also applies to ships’ cooks and, if not, whether there are any similar provisions for the recognition of ships’ cooks certificates issued in other territories.

Part V of the report form. Practical application. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from official inspection service reports and, if such statistics are available, information on the number of certificates issued. The Committee also asks the Government to provide in its next report copies of the following documents: Act No. 3308 on apprenticeship and vocational training; Regulations on vocational training; and Directives for training and assessment referred to in section 4(5) of the Regulations on Seafarers.

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The Committee notes the information provided in the Government’s first report. It draws the Government’s attention to the following points.

Article 4, paragraphs 1, 3 and 4, of the Convention. Examinations and certificates of qualifications. With regard to the granting of certificates of qualification, the Government firstly refers to provisions set forth in the Regulations on Seafarers of 31 July 2002, which provide that the Seafarers’ Examination Centre is the only authority responsible for the organization of examinations. Given the very general nature of these provisions, the Committee asks the Government to indicate the specific nature of the examinations (including the practical tests), which are to be passed in order to obtain a ships’ cooks certificate.

Article 6. Recognition of certificates. Section 54 of the Regulations on Seafarers provides that, in order to be recognized, the certificates issued by foreign authorities must be compatible with rule 1/10 and section A-1/10 of the Code of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STWC). Since the STCW does not deal with ships’ cooks, the Committee asks the Government to indicate whether section 54 of the Regulations on Seafarers also applies to ships’ cooks and, if not, whether there are any similar provisions for the recognition of ships’ cooks certificates issued in other territories.

Part III of the report form. Supervision of the application of the Convention. The Government indicates that, according to section 49 of the Maritime Labour Act and section 91 of the Labour Act, the inspectors of the Ministry of Labour and Social Security are entrusted with the supervision of the application of national legislation. Section 91 of the Regulations on Seafarers, which regulates the acquisition of competency certificates of seafarers, provides, however, that the Ministry to which the Under-Secretariat of Maritime Affairs is attached, shall be responsible for supervising the application of the provisions contained in the Regulations on Seafarers. The Committee asks the Government to supply further information on the organization and working of inspection and, in particular, to describe the manner in which the activities of the Under-Secretariat of Maritime Affairs and of the labour inspectors of the Ministry of Labour and Social Security are coordinated.

Part IV of the report form. Decisions involving questions of principle. The Committee asks the Government to state whether courts of law or other tribunals have issued decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

Part V of the report form. Information on the application of the Convention in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in Turkey, including, for instance, extracts from official inspection service reports and, if such statistics are available, information on the number of certificates issued.

The Committee also asks the Government to provide in its next report copies of the following documents:

– Act No. 3308 on apprenticeship and vocational training;

– regulations on vocational training;

– directives for training and assessment referred to in section 4(5) of the Regulations on Seafarers.