Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee notes that the Government's report provides no new information apart from the text of Decree No. 97-243 of 14 March 1997 regarding the registration of certain categories of vessels. The Committee recalls that the legislation applying to vessels registered in the French Southern and Antarctic Territories, namely the Overseas Labour Code of 1952 and Chapter VI, section 26, of Act No. 96-151 with respect to the registration of vessels in these territories, contain no provisions on indemnities to be paid to seafarers in the event of shipwreck. It notes that, despite the Government's assurances, no regulations have been issued to fill the void. Consequently, the Committee cannot but stress once again 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 measures will be taken very shortly to ensure that the provisions of the Convention are fully applied to the French Southern and Antarctic Territories, and would be grateful if the Government would provide information on all such measures.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.