Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its reports. In particular, it takes note of the list of shipowners’ and seafarers’ representatives nationwide to which the Government’s reports are duly communicated.

Articles 2 and 3 of the Convention. Medical examination and re-examination. In its previous comments, the Committee recalled that section 1 of Territorial Order No. 22 of 10 June 1996, applicable in the French Southern and Antarctic Territories to the medical certification of fitness for maritime navigation permits, and this facility is commonly used in practice by foreign nationals, that physical fitness for maritime navigation can now be attested by a physician who is simply declared to the French consular authorities abroad. The Committee requested the Government to specify how foreign doctors declared with the consular authorities are approved by the competent authority. The Committee also requested the Government to supply statistical information regarding the manner in which the Convention is applied, and particularly the number and nature of the contraventions reported.

The Committee notes the Government’s information to the effect that the possibility provided by section 1 of Territorial Order No. 22 of 10 June 1996 does not envisage any particular approval of the doctor by the maritime or French consular authority but only a declaration to the consular authorities. Doubtless, it seems difficult to impose a particular approval procedure and to exercise supervision over physicians who do not fall within the purview of the national administration. The Government indicates, nevertheless, that the attention of the relevant services will be duly drawn to this matter so that such physicians receive full, detailed information concerning the conditions of fitness required on such vessels, in application of Territorial Order No. 22 of 10 June 1996, including the particular case of young persons employed on board. The Committee notes the information regarding statistics supplied by the Government which states that, although no statistical records are made by the consular services, checks carried out by shipping safety inspectors show that medical examinations of seafarers sailing under the register of the French Southern and Antarctic Territories (TAAF) are actually conducted and carried out regularly. The Committee also notes that it would be possible to envisage compiling more precise statistics directly with the shipowners concerned. On this score, the Government indicates that modifications to the Overseas Labour Code are envisaged and that regulations will be studied in this context. The Committee requests the Government to supply information on any progress made in this matter.