Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Further to its previous comments, the Government states in its report that the Decree of 20 March 1987, amended on 4 August 1993, concerning registration and equipping of ships in the territories, has been annulled by the decision of the Council of States of 27 October 1995. Consequently, the Maritime Labour Code, which provides for compensation in case of shipwreck, no longer applies to the territories; only the Overseas Labour Code (Law No. 52/1322) applies now. Furthermore, Law No. 96-151, chapter VI of which concerns registration of ships in the Southern and Antarctic Territories, has been promulgated. The regulations pertaining to Law No. 96-151 are in the course of elaboration and of consultation, and they will be sent as soon as they have been promulgated. The Government adds that, in the meantime, inspectors monitoring conditions aboard ships registered in the territories follow a set of instructions which include, under point 3.3.1, verification of the right to an unemployment indemnity in case of shipwreck.

The Committee notes this information. It notes that article 26 of Law No. 96-151 does not contain provisions relating to compensation in case of shipwreck for seamen engaged on ships registered in the Southern and Antarctic Territories. The Committee recalls that under Article 2 of the Convention, the unemployment indemnity due to seamen in every case of loss or foundering of any vessel, shall be paid for the days during which the seaman remains unemployed, for a minimum of two months. The Committee trusts that the Government will have no difficulty taking the necessary measures in the near future to ensure that the Convention is fully applied in the law applicable to the Southern and Antarctic Territories. The Committee would appreciate receiving information on any progress made in this respect. Please supply a copy of the above-mentioned instructions relating to inspections.

[The Government is asked to report in detail in 1997.]