Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

For many years, the Committee has been drawing the Government’s attention to the fact that the legislation applicable to vessels registered in the French Southern and Antarctic Territory, namely the Overseas Labour Code of 1952 and Chapter VI of Act No. 96-151 of 1996 respecting the registration of vessels in the Territory, contain no provisions regarding the indemnity to be paid to seafarers in the event of shipwreck.

In this respect, the Government indicates in the information provided in June 2002 that it is considered that the provisions of the Convention are of direct application and that individual articles of agreement would therefore include the unemployment indemnity guaranteed by the Convention. The Government adds that the obligation to provide this indemnity could nevertheless usefully be considered in the context of a proposed amendment of the Overseas Labour Code, based on the provisions of the Act of 15 February 1929. An order issued by the highest administrator of the French Southern and Antarctic Territory would then establish the procedures for the implementation of this obligation.

The Committee notes this information. On the subject of the direct application of the Convention, it does not appear to the Committee that its provisions are of such a nature as to be self-executing, that is, formulated in terms allowing their immediate application in national law. On the contrary, their application requires the adoption of laws or regulations. The Committee considers that it would be desirable for legislative measures or regulations to be adopted so as to give full effect to the provisions of the Convention in the French Southern and Antarctic Territory, as was done for Metropolitan France with the adoption of the Act of 15 February 1929 establishing an unemployment indemnity for seafarers in the event of the seizure, shipwreck or declaration of unseaworthiness of a vessel, and the circular implementing the Act. The Committee hopes that the Government will take advantage of the fact that amendments are envisaged to the Overseas Labour Code in order to take the necessary measures, as suggested in its report. It requests the Government to provide information on any progress achieved in this respect.

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