Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes from the Government’s two most recent reports, that follow-up to the Committee’s previous comments is ongoing with the competent authority (i.e. Ministry of Transport) to obtain the requested data related to the Convention. The Committee had invited the Government to consider the possibility of ratifying the Maritime Labour Convention, 2006 (MLC, 2006), which is the up to date international instrument in the field and whose ratification would result in the automatic denunciation of the present Convention. The Committee notes the Government’s response that Iraq has not ratified the MLC, 2006, because the extent of maritime labour in the country is limited. For the same reason, no decision in this respect has been taken by the Tripartite Consultation Committee.

Article 2, clause (a), of the Convention. Conventions listed in the Appendix to Convention No. 147, but not ratified by Iraq. Substantial equivalence. In its previous comments, the Committee had requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice in Iraq. In its reports, the Government confines itself to indicating that Iraq has not ratified Officers’ Competency Certificates Convention, 1936 (No. 53), Sickness Insurance (Sea) Convention, 1936 (No. 56), Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), Medical Examination (Seafarers) Convention, 1946 (No. 73), Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). The Committee wishes to point out that, in accordance with Article 2(a) of Convention No. 147, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. In the case of Iraq, the Government is under an obligation to satisfy itself that national laws or regulations are substantially equivalent to the following Conventions Nos 56, 73 and 87; and Convention No. 134, Articles 4 and 7; and also to satisfy itself that, unless the relevant shipboard living arrangements are covered by collective agreements, national legislation is substantially equivalent to Convention No. 68 (Article 5).

In the absence of relevant information in response to the previous direct request, the Committee is bound to repeat its previous comments which read as follows:

–      Convention No. 56. The Committee recalls that, for the purposes of substantial equivalence with Convention No. 56, there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his family at the national going rate for at least 26 weeks (Articles 2 and 4); medical benefit (Article 3); maternity benefit (Article 5); and death or survivor’s benefit (Article 6); benefits should cover the normal interval between engagements (Article 7); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee notes the clarification provided by the Tripartite Consultation Committee that measures ensuring compliance with Convention No. 56 do not fall under the scope of the Ministry of Labour but rather within the remit of the Ministry of Transport, which has already been approached. The Committee therefore hopes that the Government will soon be in a position to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56 and to provide copies of the respective laws or regulations.

–      Convention No. 73. The Committee recalls that the requirement of substantial equivalence in respect of Convention No. 73 may be met where there are laws or regulations providing for compulsory regular medical examinations for seafarers, preferably every two years (six years in respect of colour vision), but more frequently than every five years; the certificate issued should attest to fitness in respect of hearing and sight and, where necessary in the deck department, colour vision, and should attest that no disease incompatible with service at sea or likely to endanger the health of others is suffered; there should preferably be arrangements for re-examination in case of refusal of certificate. The Government indicates that measures ensuring compliance with Convention No. 73 fall within the remit of the Ministry of Transport. The Committee hopes that the necessary efforts will soon be made to ensure that specific provisions substantially equivalent to Convention No. 73 are adopted; the Committee asks the Government to provide a copy of the relevant applicable laws or regulations.

–      Convention No. 134 (Articles 4 and 7). The Committee notes that measures ensuring compliance with these provisions of Convention No. 134 fall within the remit of the Ministry of Transport. The Committee hopes that the Government will soon be in a position to indicate, for the purposes of substantial equivalence with Convention No. 134, the specific provisions of the national laws or regulations dealing with the nine general and specific subjects listed in Article 4(3) and providing for the appointment of one or more crew members as responsible for accident prevention under Article 7.

–      Convention No. 68 (Article 5). The Committee recalls that, for the purposes of substantial equivalence with Convention No. 68: (i) food and water supplies, having regard to the size of the crew and the duration and nature of the voyage, should be suitable in respect of quantity, nutritive value, quality and variety; and (ii) the catering department in every vessel should be arranged and equipped in such a manner as to permit the service of proper meals to crew members. The Government indicates that measures ensuring compliance with this provision of Convention No. 68 fall within the remit of the Ministry of Transport. The Committee hopes that, unless the issue is covered by collective agreements, the necessary efforts will soon be made, to indicate the specific provisions in national laws or regulations substantially equivalent to Article 5 of Convention No. 68 and to provide copies of the respective legislation.

–      Convention No. 53 (Articles 3 and 4). The Committee notes that measures ensuring compliance with these provisions of Convention No. 53 fall within the remit of the Ministry of Transport. The Committee hopes that the Government will soon be in a position to indicate the specific provisions of the national legislation which establish requirements in respect of the education of officers, prescribe requirements in respect of a minimum period of professional experience, and provide for the organization and supervision of examinations, so as to ensure substantial equivalence with Convention No. 53 for the purposes of Article 2(a)(i).

–      Convention No. 87. The Committee recalls that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in respect of seafarers on ships registered in the national territory of the following four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (ii) those organizations should have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); and (iv) the organizations should have the right to establish and join federations and confederations and affiliate with international organizations of workers and employers (Article 5 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87).

In its previous reports, the Government had indicated that seafarers are considered as civil servants rather than workers. In its latest report, however, the Government refers to Trade Union Organization Act No. 52 of 1987, which only applies to private, mixed and cooperative sectors. The Committee requests the Government to clarify the statute of seafarers (civil servants or workers) and to indicate the specific provisions in national legislation that are substantially equivalent to Convention No. 87. It further asks the Government to provide a copy of these laws or regulations. With respect to the Government’s indication that the new draft Labour Code took into account the relevant provisions of Convention No. 87, the Committee asks the Government to supply a copy of the draft Labour Code and provide information on any further developments regarding its adoption.

Standards of manning. In the absence of relevant information, the Committee recalls that the essential requirement of Article 2(a)(i) in respect of standards of manning is that ships should be sufficiently manned to ensure the safety of life on board. The Committee hopes that the Government will soon be in a position to ensure that national laws or regulations laying down safety standards in respect of manning are adopted. Please report on any progress made in this respect.

Article 2, clause (f). The Committee again asks the Government to describe the inspection or other arrangements which exist to verify compliance with the national laws or regulations required under Article 2(a), applicable collective agreements and ratified international labour Conventions. Please also give details of the functioning of these arrangements such as size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed, etc.