Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report for the period up to 2000. It asks the Government to provide further information on the following points:

Article 2(a) of the Convention. (Conventions listed in the appendix to Convention No. 147, but not ratified by Iraq.)

-  Convention No. 56. Referring also to its 1990 General Survey on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) (paragraph 134), the Committee recalls that for the purposes of Article 2(a)(ii) of Convention No. 147, under Convention No. 56 there should be a compulsory sickness insurance scheme (Article 1), with - subject to the usual limitations - cash benefits for the seafarer or his family at the national going rate for at least 26 weeks (Articles 2 and 4); medical benefit (Article 3); maternity benefit (Article 5); and death or survivor’s benefit (Article 6); benefits should cover the normal interval between engagements (Article 7); the shipowners and seafarers should share the expenses of the scheme (Article 8). In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Convention No. 56, the Committee requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56 and to provide copies of the respective laws or regulations.

-  Convention No. 73. The Committee recalls that the requirement of substantial equivalence in Article 2(a) of Convention No. 147 may be met in respect of Convention No. 73 where there are laws or regulations providing for compulsory regular medical examinations for seafarers, preferably every two years (six years in respect of colour vision), but certainly more frequently than every five years; the certificate issued should attest to fitness in respect of hearing and sight and, where necessary in the deck department, colour vision, and should attest that no disease (including but not limited to pulmonary tuberculosis) incompatible with service at sea or likely to endanger the health of others is suffered; there should preferably be arrangements for re-examination in case of refusal of a certificate. The Committee notes the Government’s indication in its report that fitness examination requirements are currently being prepared. The Committee asks the Government to provide information on any such specific provisions substantially equivalent to Convention No. 73 and to provide a copy of the respective applicable laws or regulations.

-  Convention No. 134 (Articles 4 and 7). The Committee asks the Government to indicate the specific provisions of the national laws or regulations dealing with the nine general and specific subjects listed in Article 4(3); and providing for appointment of one or more crew members as responsible for accident prevention under Article 7 of Convention No. 134.

-  Convention No. 68 (Article 5). Please indicate the specific provisions of the national laws or regulations requiring the provision of food and water supplies which, having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew.

-  Convention No. 53 (Articles 3 and 4). The Committee notes that under article 8 of the Law No. 201 of 1975, those employed for the first time in jobs and professions mentioned in the supplemental schedules to this law shall be at least 16 years of age. It further notes the Government’s indication that officers must have at least a secondary school certificate and from three to four years of studies, i.e. any officer being thus over 18 and around 22 years of age. The Committee requests the Government to indicate the specific provisions of the national legislation which establish such requirement in respect of the education of officers, prescribe requirements in respect of a minimum period of professional experience, and provide for the organization and supervision of examinations for the purpose of testing whether candidates for competency certificates possess the qualifications necessary for performing the duties corresponding to the certificates for which they are candidates (Article 4, paragraph 2, of Convention No. 53).

-  Convention No. 87. Referring also to paragraph 188 of its 1990 General Survey on Convention No. 147, the Committee recalls that for purposes of Convention No. 147, substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in full in respect of seafarers on ships registered in the national territory of the following four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (ii) those organizations should have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); and (iv) the organizations should have the right to establish and join federations and confederations and affiliate with international organizations of workers and employers (Article 5 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). The Committee asks the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 and to provide a copy of the respective applicable laws or regulations.

Article 2(a)(i). Standards of manning. In its previous comments the Committee asked the Government to provide a copy of any legislation laying down safety standards in respect of manning. The Committee notes the Government’s indication that there are no legal provisions setting the size of the crew and that this is done on the basis of the effective needs of the ship, applicable Conventions and shipping traditions in this field, taking into account the capacity of lifeboats and the design of the ship. Recalling that the essential requirement of Article 2(a)(i) of Convention No. 147 is that ships should be sufficiently manned to ensure the safety of life on board, the Committee hopes that the Government will envisage measures to include the respective provision in the national legislation and requests it to report on any progress made in this respect.

Article 2(f). Please describe the inspection or other arrangements which exist to verify compliance with the various standards mentioned in this subparagraph and give details of the functioning of these arrangements such as size of inspection staff, numbers and results of inspections and investigations of complaints, penalties imposed.