Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee has noted the information communicated by the Government, particularly in regard to Article 1(1) of the Convention.

2. Articles 2 and 3 of the Convention. For several years the Committee has drawn the Government's attention to the need to adopt legislation providing: (a) under Article 2 of the Convention, that in the event of loss or foundering of a vessel, each person employed thereon shall be paid an indemnity against unemployment for the days during which they remain in fact unemployed at the same rate as the wages payable under the contract, but the total indemnity payable to any one seaman may be limited to two months' wages, and (b) under Article 3 of the Convention, that seamen shall have the same remedies for recovering such indemnities as they have for recovering arrears of wages earned.

In its report, the Government indicates that article 150 of the Labour Code provides in a clear and explicit manner that in the absence of a provision in the Labour Code, the provisions of the Conventions of the International Labour Organization, in particular, ratified by Iraq shall be applied. It adds, none the less, that it will strive to take legislative measures to dispel any obscurity in this respect.

The Committee notes this information and hopes that the Government will be able, in accordance with the assurances given, to adopt the legal provisions needed to ensure full application of Articles 2 and 3 of the Convention. It hopes that the Government's next report will contain detailed information on progress made in this respect.