Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8) - French Southern and Antarctic Territories

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s indication in its reports that, since the implementation of Act No. 2005-412 of 3 May 2005, commercial vessels are registered in the French International Register (RIF) and that therefore only a few fishing boats are still registered in the French Southern and Antarctic Territories (TAAF). It also notes that the TAAF have no permanent population. Thus, the maritime Conventions which are applicable in the TAAF and which do not cover fishing vessels are rendered moot for these territories. The Committee requests the Government to indicate any development to this situation. With regard to the Conventions which apply to fishing vessels, and in order to provide an overview on the issues relating to their application, the Committee considers it helpful to examine them in a single comment as follows.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). Article 2. Statistics and investigations into maritime occupational accidents. The Committee recalls that it previously asked the Government to provide copies of reports of investigations established following maritime occupational accidents, as well as statistics on the number, nature, causes and consequences of occupational accidents on board fishing boats registered in the TAAF. While noting the Government’s reference to the activities of the French Marine Accident Investigation Office (BEAmer), the Committee observes that the BEAmer website indicates that, although it intervenes on the same basis in the overseas departments as in the mainland, the situation is different for the overseas territories, including the TAAF, for which the powers devolved to them are taken into account. The Committee requests the Government to indicate how the BEAmer can intervene in the TAAF and, in all cases, take the necessary measures to ensure that occupational accidents are investigated and properly documented and that detailed statistics on these accidents are established and analysed. It requests the Government to provide information in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes 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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 respecting transport authorized the registration, under the responsibility of the French Southern and Antarctic Territories (TAAF), of commercial, fishing and pleasure vessels. It notes the adoption of Act No. 2005-412 of 3 May 2005 on the establishment of the French international register, section 34 of which provides that, two years after the publication of the Act, section 26 of the Act of 26 February 1996 referred to above would no longer be applicable to commercial vessels and that, following the expiry of that period, vessels still registered in the TAAF would be registered in the French international register. The Committee also understands that the number of ships currently registered in the TAAF is extremely low and that they are solely fishing vessels, to which the Convention is not applicable pursuant to a motion to this effect adopted by the International Labour Conference at its second session in 1920. In light of the above, the Committee observes that the Convention is currently without object with regard to the TAAF and requests the Government to keep the Office informed of any legislative changes in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope of application. The Committee recalls that section 26 of Act No. 96-151 of 26 February 1996 respecting transport authorized the registration, under the responsibility of the French Southern and Antarctic Territories (TAAF), of commercial, fishing and pleasure vessels. It notes the adoption of Act No. 2005-412 of 3 May 2005 on the establishment of the French international register, section 34 of which provides that, two years after the publication of the Act, section 26 of the Act of 26 February 1996 referred to above would no longer be applicable to commercial vessels and that, following the expiry of that period, vessels still registered in the TAAF would be registered in the French international register. The Committee also understands that the number of ships currently registered in the TAAF is extremely low and that they are solely fishing vessels, to which the Convention is not applicable pursuant to a motion to this effect adopted by the International Labour Conference at its second session in 1920. In light of the above, the Committee observes that the Convention is currently without object with regard to the TAAF and requests the Government to keep the Office informed of any legislative changes in this respect.

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

The Committee notes the information provided by the Government that the Overseas Programme Act No. 2003-660 of 21 July 2003 provides in section 62 that, under the conditions set out in article 38 of the Constitution, the Government is authorized to take, by ordinance, the necessary measures, in so far as they lie within the competence of the State, for the updating and adaptation of the law applicable in the French Southern and Antarctic Territories (TAAF) to seafarers, ports, vessels and other seagoing ships, as well as in relation to the law respecting labour, employment and vocational training, which will therefore make it possible to undertake the necessary updating and, in particular, to specify in so far as necessary the means of application of Convention No. 8. It also notes the Government’s statement that the situation of seafarers engaged on vessels registered in the TAAF was dependent on the adoption of the Bill establishing the French International Register and that this Bill did in practice result in the adoption of Act No. 2005-412 of 3 May 2005, section 13(1) of which provides that “the conditions of recruitment, employment, labour and life on board a vessel registered on the French International Register may not be less favourable than those resulting from the international labour Conventions ratified by France”.

The Government adds that the highest administrator of the French Southern and Antarctic Territories, by Order No. 10 dated 2 April 1992, declared the Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8), applicable. Although not self-executing, the provisions of the Convention are very succinct and precise, with the result that the Head of the Maritime Affairs Services of the TAAF, who is responsible for maritime labour inspection for the vessels concerned, can intervene at any time in relation to the vessels in question with a view to enforcing these provisions based, where necessary, on the above Order. No such case has however occurred up to now.

The Committee notes this information. It recalls in this respect the Government’s statement in its previous report that the provisions of the Convention could usefully be considered in the form of an explicit reference in the context of a proposed amendment of the Overseas Labour Code, based on the provisions of the Act of 15 February 1929, adopted for Metropolitan France, which establishes an unemployment indemnity for seafarers in the event of the seizure, shipwreck or the declaration of the unseaworthiness of a vessel. Considering that it would indeed be desirable for measures to be adopted in laws or regulations to secure the full implementation of the provisions of the Convention in the French Southern and Antarctic Territories, as has been done for Metropolitan France, the Committee hopes that the Government will take the opportunity afforded by the Overseas Programme Act No. 2003-660 of 21 July 2003 and Act No. 2005-412 of 3 May 2005 establishing the International Register to adopt such measures in the very near future. It requests the Government to provide information on any progress achieved in this respect.

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.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

In its earlier comments, the Committee drew the Government’s attention to the lack of provisions regarding indemnity to be paid to seamen in the event of shipwreck in the legislation applying to vessels registered in the French Southern and Antarctic Territory, 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 this Territory. It notes with regret that the Government’s latest report reproduces word for word the report sent in 1999, which revealed no progress in the adoption of regulations to make good these gaps in the legislation. The Committee is therefore obliged to remind the Government that under Article 2 of the Convention, in the event of loss or foundering of the vessel, an unemployment indemnity must be paid for the days during which the seaman remains, in fact, unemployed at the same rate as the wages payable under the contract, for at least two months. The Committee trusts that measures will be adopted in the near future to ensure full application of the Convention to French Southern and Antarctic Territory, and requests the Government to submit a copy of any text adopted in this connection.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

In its earlier comments, the Committee drew the Government's attention to the lack of provisions regarding indemnity to be paid to seamen in the event of shipwreck in the legislation applying to vessels registered in the Antarctic, 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. It notes that the Government's report reveals no progress in adoption of regulations to make good these gaps in the legislation. The Committee is therefore obliged to remind the Government that under Article 2 of the Convention, in the event of loss or foundering of the vessel, an unemployment indemnity must be paid for the days during which the seaman remains in fact unemployed at the same rate as the wages payable under the contract, for at least two months. The Committee trusts that measures will be adopted in the near future to ensure full application of the Convention to Antarctic, and requests the Government to submit a copy of any text adopted in this connection.

[The Government is asked to report in detail in 2001.]

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.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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.

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.]

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Further to its previous comments, the Committee notes the Government's statement that the Ministry of Equipment for Transportation and Tourism has developed a draft law pertaining to modernization of transports which would provide greater security in law to seamen on board ships registered in the French Southern and Antarctic Territories. The Committee notes this information and hopes that this law will be adopted in the near future and will unambiguously ensure that the provisions of the Convention are fully applied in the French Southern and Antarctic Territories. The Committee would appreciate receiving a copy of the law once it is adopted.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Government indicates that the Act of 15 February 1929 to establish an unemployment indemnity for seamen in the event of the vessel being captured, shipwrecked or declared unseaworthy has not been extended to the French overseas territories. It adds however that, in accordance with article 55 of the Constitution of the French Republic, Convention No. 8 is incorporated in the internal legislation applying to the French Southern and Antarctic Territories and that it is in the process of being published. According to the report, it can therefore be relied on in legal proceedings, in which event the judge shall have exclusive authority to interpret the notion of "loss by shipwreck" and the notion of "unemployment resulting from loss by shipwreck", and to fix the unemployment indemnity within the limit of two months' wages established in the Convention. Lastly, the report states that the Decree of 17 December 1971 established the courts of law of Saint-Denis, Réunion, as the jurisdiction for individual labour disputes arising in the French Southern and Antarctic Territories. The Committee notes this information. It none the less considers that, in order to avoid all ambiguity, appropriate legislative measures should be taken to ensure that the provisions of the Convention are fully applied in the French Southern and Antarctic Territories, as they were in France in the form of the Act of 15 February 1929 and its implementing Circular of 13 June 1931. The Committee would be grateful if the Government would indicate in its next report any measures taken in this regard, such as the extension of the above-mentioned Act of 1929 to the French Southern and Antarctic Territories.

2. The Committee has noted the communication from the National Federation of Maritime Trade Unions, dated 12 August 1992, concerning the application of certain Conventions ratified by France. It also notes from the information supplied in the report that the social partners concerned in the maritime sector have recently been invited to negotiate the procedures for the application overseas of international Conventions and labour legislation. The Committee would be grateful if the Government would report on any results of the above negotiations which relate to the application of the present Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes the information contained in the Government's first report following the declaration of the application of the Convention to this territory.

2. The Government indicates that the Act of 15 February 1929 to establish an unemployment indemnity for seamen in the event of the vessel being captured, shipwrecked or declared unseaworthy has not been extended to the French overseas territories. It adds however that, in accordance with article 55 of the Constitution of the French Republic, Convention No. 8 is incorporated in the internal legislation applying to the French Southern and Antarctic Territories and that it is in the process of being published. According to the report, it can therefore be relied on in legal proceedings, in which event the judge shall have exclusive authority to interpret the notion of "loss by shipwreck" and the notion of "unemployment resulting from loss by shipwreck", and to fix the unemployment indemnity within the limit of two months' wages established in the Convention. Lastly, the report states that the Decree of 17 December 1971 established the courts of law of Saint-Denis, Réunion as the jurisdiction for individual labour disputes arising in the French Southern and Antarctic Territories. The Committee notes this information. It none the less considers that, in order to avoid all ambiguity, appropriate legislative measures should be taken to ensure that the provisions of the Convention are fully applied in the French Southern and Antarctic Territories, as they were in France in the form of the Act of 15 February 1929 and its implementing Circular of 13 June 1931. The Committee would be grateful if the Government would indicate in its next report any measures taken in this regard, such as the extension of the above-mentioned Act of 1929 to the French Southern and Antarctic Territories.

3. The Committee has noted the communication from the National Federation of Maritime Trade Unions, dated 12 August 1992, concerning the application of certain Conventions ratified by France. It also notes from the information supplied in the report that the social partners concerned in the maritime sector have recently been invited to negotiate the procedures for the application overseas of international Conventions and labour legislation. The Committee would be grateful if the Government would report on any results of the above negotiations which relate to the application of the present Convention.