Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s reports on Conventions Nos 22, 23, 92, 146 and 147. In order to provide a comprehensive view of the issues relating to the application of these maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as set out below.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006) classified Conventions Nos 22, 23, 92, 146 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos 22, 23, 92 and 146 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by Conventions Nos 22, 23, 92, 146 and 147. The Committee notes the Government’s indication that it is in favour of ratifying the MLC, 2006 and that several meetings were held on issues relating to this process with the participation of the General Federation of Workers’ Unions in Iraq and the Iraqi Federation of Industries. The Committee therefore requests the Government to provide information on any progress made towards the ratification of the MLC, 2006 and reminds it of the possibility to avail itself of the technical assistance of the Office.

Impact of the COVID-19 pandemic. The Committee notes with  deep concern  the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Conventions.  In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Articles 3–14 of the Convention. Seafarers’ employment agreements and record of employment. The Committee requested the Government to indicate the measures adopted to give effect to these requirements of the Convention. The Committee notes the Government’s indication that there is a signed agreement between the State Company for Maritime Transport and the seafarers working on board its ships providing seafarers with decent working and living conditions on board ship and giving full effect to the Convention. While noting this information, the Committee requests the Government to clarify whether the Maritime Civil Service Act of 1975 is still in force, thereby giving to seafarers the status of public employees engaged on a permanent basis. It further requests the Government to indicate the specific provisions that ensure compliance with the different Articles of the Convention for all seafarers working on board its ships.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 5. Repatriation expenses. The Committee requested the Government to specify the laws and regulations implementing Article 5 of the Convention ensuring that the repatriation expenses are paid to all seafarers irrespective of whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s statement that the State Company for Maritime Transport is committed to the right of seafarers to repatriation upon completion of their period of service aboard ship or in the event of sickness, termination of their employment with the contracting company, injury or death during the course of work. P&I Insurance Club covers the expenses of repatriation of seafarers injured as a result of accidents. While noting this information, the Committee requests the Government to indicate the relevant legislative provisions giving effect to Article 5 of the Convention.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Articles 3 and 6–17. Implementing legislation. Crew accommodation requirements. Noting the absence of legislation giving effect to Articles 3 and 6–17 of the Convention, the Committee requested the Government to adopt the necessary measures in this regard. In the absence of new information, the Committee requests the Government to adopt the necessary measures, without delay, taking into account its previous comment on this matter.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146)

Application of the Convention. The Committee requested the Government to take steps to implement the obligations under Articles 3–12 of the Convention. The Committee notes the Government’s indication that the State Company for Maritime Transport grants persons working on board its ships paid annual leave under appropriate conditions, in accordance with the annual leave regulations under the international Code, which applies to seafarers working on board its ships, taking into consideration the special needs of seafarers with regard to such leave and that this matter is implemented in full. In the absence of specific reference to new legislative provisions, the Committee once again requests the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to the following provisions of the Convention: Article 4 (proportionate leave if length of service is insufficient for full entitlement), Article 6 (justified absence from work and temporary shore leave not to be counted in the minimum annual leave), Article 8 (annual leave in principle consisting of an uninterrupted period), Article 10 (return to the place of engagement or recruitment at the employer’s cost) and Article 11 (prohibition of agreement to relinquish the right to annual leave) of the Convention. The Committee also requests the Government to consider appropriate action to ensure that seafarers employed on board privately owned vessels enjoy the coverage of Article 3 (30-day annual leave), Article 6 (public holidays and periods of incapacity for work not to be counted as annual leave), Article 8 (division of leave into parts and accumulation of leave) and Article 10 (free transportation to place of engagement or recruitment) of the Convention as the existing Labour Code does not appear to give effect to any of these provisions.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

The Committee previously requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention is ensured in law and practice. This obligation, in the case of Iraq, relates to the following Conventions: the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements. The Committee notes the Government’s indication that the State Company for Maritime Transport relies on laws and regulations pertaining to global safety standards, including standards of competency and hours of work. The Committee requests the Government to provide information on the matters raised in its previous comment with respect to the implementation of Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. Noting that the absence of new information in this respect, the Committee once again requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. Noting the absence of new information in this respect, the Committee once again requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable to collective agreements and ratified international labour Conventions.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1997 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006, and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006, and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• – Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• – Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• – Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

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

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

• -Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.
• -Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.
• -Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.
• -Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that 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, in accordance with Article 2(a) of Convention No. 147.
• -Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements 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, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.
• -Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour conventions.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2 and 3 of the Convention. Unemployment indemnity in the event of shipwreck. The Committee notes that the Government is still not in a position to report any concrete progress concerning the application of the Convention. It recalls that section 65 of the Labour Code of 1987 (which is reproduced in section 66 of the new draft Labour Code communicated to the Office in July 2010) falls short of the requirement of Article 2 of the Convention for an indemnity against unemployment in the event of shipwreck which may not be less than two months’ wages while the Civil Marine Service Act No. 201 of 1975 is silent on this issue. The Committee also recalls that the same requirement is now reflected in Regulation 2.6 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006), and that therefore the Government would have every interest in aligning its legislation with the provisions of Convention No. 8 in anticipation of the possible ratification of the MLC, 2006. Accordingly, the Committee requests the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 3 and 6–17 of the Convention. Implementing legislation. Crew accommodation requirements. The Committee recalls its previous comments in which it noted the lack of laws or regulations implementing the specific technical requirements of Part III of the Convention. As the Committee has pointed out, section 70 of the Civil Marine Service Act No. 201 of 1975 only requires in general terms the provision of necessary lodgings for the accommodation of seafarers as well as the supply of furniture and necessary conveniences, while the Instructions No. 22 of 1987, which have been issued under sections 152 and 108 of the Labour Code, are not specific to the maritime sector and give only partial effect to some of the requirements of the Convention. The Committee requests once again the Government to formulate and adopt in a timely manner laws or regulations giving full effect to the provisions of the Convention concerning, in particular, construction and design (Article 6), ventilation (Article 7), heating (Article 8), lighting (Article 9), sleeping rooms (Article 10), mess rooms (Article 11), recreational facilities (Article 12), sanitary accommodation (Article 13) and hospital accommodation (Article 14). In addition, the Government is requested to keep the Office informed of any further developments regarding the programme for the rebuilding of a merchant fleet and the establishment of a maritime authority, following the approval in May 2010 of the final draft of the Maritime Authority Act.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 3–12 of the Convention. Seafarers’ entitlement to annual holidays with pay. The Committee notes that the Government’s succinct report does not address any of the numerous points the Committee has been raising practically since the time of the ratification of the Convention. The Committee fully understands the persisting instability and multiple challenges the Government is facing, which of course impact on its efforts to improve the legislative framework and effectively implement ratified Conventions. It considers, however, that most of the requirements of this Convention do not require extensive legislative action or complex measures and should therefore be given effect in a timely manner. The Committee has been formulating its comments on the understanding that Civil Marine Service Act No. 201 of 1975 regulates the annual leave of seafarers employed on board publicly owned vessels while the Labour Code of 1987 applies to those employed on board privately owned vessels. Assuming that this properly reflects the current situation of law and practice, the Committee requests the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to the following provisions of the Convention: Article 4 (proportionate leave if length of service insufficient for full entitlement), Article 6 (justified absence from work and temporary shore leave not to be counted in the minimum annual leave), Article 8 (annual leave in principle consisting of an uninterrupted period), Article 10 (return to the place of engagement or recruitment at the employer’s cost) and Article 11 (prohibition of agreement to relinquish the right to annual leave) of the Convention. The Committee also requests the Government to consider appropriate action to ensure that seafarers employed on board privately owned vessels enjoy the coverage of Article 3 (30-day annual leave), Article 6 (public holidays and periods of incapacity for work not to be counted as annual leave), Article 8 (division of leave into parts and accumulation of leave) and Article 10 (free transportation to place of engagement or recruitment) of the Convention as the existing Labour Code does not appear to give effect to any of these provisions.

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

Articles 3 to 14. Seafarer’s employment agreement. The Committee has been requesting the Government for a number of years to specify the laws and regulations implementing the various provisions of the Convention. The Government has previously referred to the Maritime Civil Service Act No. 201 of 1975 and to the Labour Code (Act No. 71 of 1987) as being the two enactments that give effect to the requirements of the Convention. The Committee has been drawing the Government’s attention to the fact that these two texts do not give effect, or give effect only partially, to important provisions of the Convention such as Articles 3, 5, 6, 8 and 9. In view of the sparse and fragmented information provided by the Government in consecutive reports, the Committee is not in a position to verify the state of national law and practice with respect to seafarers’ employment agreements. The Committee accordingly asks the Government to clarify whether the Maritime Civil Service Act of 1975 is still in effect, which would imply that seafarers continue to enjoy the status of public employees engaged on a permanent basis. It also asks the Government to present a detailed report indicating the specific legal provisions that ensure compliance with the terms of each Article of the Convention.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistical data on the number of seafarers, both nationals and non-nationals, currently employed on board Iraqi-flagged vessels, any standard form of crew agreement and discharge document currently in use, sample copies of seafarers’ employment agreements, and relevant extracts from inspection reports showing any infringements of the relevant legislation.

Finally, the Committee recalls that Convention No. 22, as well as 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006). Most of the provisions of this Convention have been incorporated without any significant changes in Regulation 2.1 and the corresponding Code of the MLC, 2006, and therefore ensuring compliance with Convention No. 22 would facilitate compliance with the respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed on any steps taken or envisaged for the ratification and effective implementation of the MLC, 2006.

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

Article 3 of the Convention. Crew accommodation on board. Further to its previous comment, the Committee notes the Government’s renewed reference to section 70 of the Maritime Civil Act No. 201 of 1975 which deals with the accommodation of seafarers and officers on board publicly-owned vessels in very general terms. It also notes the Government’s statement that amendments to the Maritime Civil Service Act may be considered as soon as possible in order to implement the requirements of the Convention. The Committee is obliged to recall, in this regard, that section 70 of the Act does not suffice to ensure compliance with the detailed technical standards set out in the Convention and that specific laws or regulations need to be adopted to give effect to the provisions among others concerning construction and design (Article 6); ventilation (Article 7); heating (Article 8); lighting (Article 9); sleeping rooms (Article 10); mess rooms (Article 11); recreational facilities (Article 12); sanitary accommodation (Article 13); and hospital accommodation (Article 14). While noting that the Government has recently launched a programme for the rebuilding of a merchant fleet and also noting that a draft Maritime Authority Act has been approved for the development of the maritime sector, the Committee requests the Government to indicate any concrete measures taken or envisaged with a view to regulating crew accommodation on board ships in accordance with the requirements of the Convention.

Finally, the Committee recalls that most of the provisions of this Convention have been consolidated in Regulation 3.1, Standard A3.1 and Guideline B3.1 of the Maritime Labour Convention, 2006 (MLC, 2006), and therefore ensuring compliance with Convention No. 92 will facilitate the implementation of the corresponding requirements of the MLC, 2006. The Committee accordingly invites the Government to consider the possibility of ratifying the MLC, 2006 in the very near future and to keep the Office informed of any decision taken in this respect.

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

Articles 3 to 12 of the Convention. Seafarers’ entitlement to annual holidays with pay. The Committee recalls its previous comments in which it requested the Government to clarify whether the annual paid leave of seafarers employed on privately owned vessels was regulated by the Labour Code while the paid annual leave of seafarers employed on board publicly owned vessels was regulated by Maritime Civil Service Act No. 201 of 1975. Moreover, the Committee has been drawing the Government’s attention to the absence of specific legal provisions implementing numerous requirements of the Convention. The Committee notes that in its last report the Government does not reply to any of the points that the Committee has been raising for a number of years. The Committee is therefore obliged to recall that: (i) insofar as seafarers on board private-owned vessels are concerned, the Labour Code does not appear to give effect to Articles 3 (30-day annual leave), 6 (public holidays and periods of incapacity for work not to be counted as annual leave), 8 (division of leave into parts and accumulation of leave), and 10 (free transportation to place of engagement or recruitment) of the Convention; and (ii) insofar as seafarers employed on publicly owned vessels are concerned, the Maritime Civil Service Act does not appear to contain any provisions implementing Articles 4 (proportionate leave if length of service insufficient for full entitlement), 6 (justified absence from work and temporary shore leave not to be counted in the minimum annual leave), 8 (annual leave in principle consisting of an uninterrupted period), 10 (return to the place of engagement or recruitment at the employer’s cost), and 11 (prohibition of agreement to relinquish right to annual leave) of the Convention. Noting the Government’s ongoing efforts to rebuild the country’s maritime transportation system and infrastructure, the Committee requests once again the Government to take appropriate action in order to bring the national legislation into full conformity with the requirements of the Convention.

In addition, the Committee takes this opportunity to recall that the main provisions of this Convention have been incorporated in Regulation 2.4 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006), and therefore ensuring compliance with Convention No. 146 would facilitate the implementation of the respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed of any further developments regarding the process of early ratification and effective implementation of the MLC, 2006.

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

Articles 2 and 3 of the Convention. Unemployment indemnity in the event of shipwreck. The Committee notes the Government’s succinct report indicating that the points that the Committee has been raising for many years will be dealt with in the context of the new maritime legislation which is currently being drafted. The Committee understands that the Minister of Transportation has approved in May 2010 the final draft of the Maritime Authority Act for the purpose of organizing and developing the maritime sector as well as keeping pace with international standards with regard to safety, environmental protection, and seafarers’ conditions of employment. The Committee also understands that initiatives are under way with a view to rebuilding the Iraqi merchant fleet. The Committee requests the Government to specify how the Committee’s comments in connection with the payment of unemployment indemnity in the event of shipwreck have been reflected in the new maritime legislation. It also requests the Government to transmit a copy of the new maritime legislation once it has been adopted.

Moreover, the Committee recalls that the main provisions of the Convention are now reflected in Regulation 2.6 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006), which requires the payment of compensation in the event of the ship’s loss or foundering not only for the resulting unemployment but also for injury or loss. The Committee considers, therefore, that compliance with Convention No. 8 will facilitate the implementation of the respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Government indicates in its report that measures to ensure compliance with the Convention fall within the mandate of the Ministry of Transport, and that it has neither observations on the Convention nor obstacles to report, since the subject matter is regulated by the Civil Maritime Service Act No. 201 of 1975. In the absence of further relevant information, the Committee sees itself obliged to revert to the points it had already raised in its previous direct request.

Article 5 of the Convention. Record of employment. The Committee hopes that the Government will soon be in a position to:

(i)    describe the format of the document containing a record of the seafarer’s employment on board the vessel, the particulars recorded in it and the manner in which such particulars are entered, as determined by national law; and

(ii)   communicate a sample of the document.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Government indicates in its report that the Ministry of Transport, which is the competent authority, has been approached and its reply will be forwarded as soon as possible. In the absence of any further relevant information received, the Committee sees itself obliged to partly repeat its previous direct request, which read essentially as follows:

Article 5 of the Convention. Repatriation expenses. The Committee notes the indication of the Tripartite Consultation Committee that, in Iraq, the profession of seafarers is nearly non-existent. Since, however, a number of vessels are flying the flag of Iraq, the Committee recalls that this Convention applies to all persons employed or engaged in any capacity on board any seagoing vessel registered in the country of any Member ratifying this Convention, except for the vessels listed in Article 1(2).

The Committee, therefore, requests the Government once again to report on the concrete measures taken to ensure that the repatriation expenses under Article 5(1), are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee hopes that the Government will soon be in a position to give effect to this provision of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report on the application of the Convention, received in 2008. While in its previous reports the Government had indicated that the Maritime Civil Service Act No. 201 of 1975 was the relevant legislation regarding accommodation of crews, in its latest report the Government points to the Labour Code as the relevant legislation in the maritime sector, at least as regards the private, mixed or cooperative sectors. The Committee requests the Government to confirm: whether the Maritime Civil Service Act No. 201 of 1975 is still in force regulating the crew accommodation on board publicly owned vessels; and whether the crew accommodation on board vessels of the private, mixed or cooperative sectors is regulated by Labour Code No. 71 of 1987 and Instructions No. 22 of 1987 issued thereunder.

If the Labour Code is the relevant legislation applicable to vessels of the private, mixed and cooperative sectors, and in view of the present efforts to draft a new Labour Code, the Committee draws the Government’s attention to the following shortcomings.

Articles 4, 14 and 18 of the Convention. The Labour Code and Instructions No. 22 of 1987 issued hereunder do not appear to contain provisions implementing these Articles of the Convention, and the Government has not provided any information regarding their application. The Committee therefore requests the Government to indicate the legislative and other measures taken or envisaged to give effect to Article 4 (ship plans); Article 14 (hospital accommodation); and Article 18 (existing ships).

Article 5. Inspection. Section 139 of the Labour Code merely enumerates the matters over which labour courts have jurisdiction. The Code and the related Instructions No. 22 of 1987 do not appear to contain further, more detailed provisions on the subject. The Committee requests the Government to indicate by what means it is ensured that, on every occasion when: (a) a ship is registered or re-registered; (b) the crew accommodation of a ship has been substantially altered or reconstructed; or (c) complaint has been made to the competent authority by a union or by a prescribed number of crew members, the competent authority inspects the ship as to compliance with relevant laws and regulations.

Article 6. Construction and design. According to section 5(2) of Instructions No. 22 of 1987, which rather apply to the workspaces of an enterprise than spaces for living (accommodation) on ships, the employer shall provide the workers with convenient spaces where they can rest and have their meals. Those spaces shall be adequately equipped with means of comfort and hygiene such as air conditioning and ventilation, heating, seats and berths. Section 5(10) provides that the employer shall foresee all appropriate fire-fighting equipment and keep all inflammable and explosive substances away from heating facilities and heat in general. Section 5(15) and (16) provides that the employer shall take measures to avoid vibrations and diminish noise in the workspaces so that the noise level does not exceed 85db.

These provisions in the Instructions only partially address the provisions in paragraphs 1 and 8 of this Article. The Committee requests the Government to indicate the legislative measures taken or envisaged to give full effect to the requirements of Article 6.

Article 7. Ventilation. Section 5(2) of Instructions No. 22 of 1987 appears to partly give effect to paragraph 1 of this Article. The Committee requests the Government to adopt national laws or regulations to ensure conformity with the requirements of Article 7.

Article 8. Heating. Section 5(2) and (10) of Instructions No. 22 of 1987 only partially address the provisions in paragraphs 1 and 6 of this Article. The Committee asks the Government to take the necessary legislative measures to give full effect to all requirements of Article 8.

Article 9. Lighting. In addition to section 5(2) of Instructions No. 22 of 1987, section 5(16) specifies that the employer shall foresee sufficient natural or artificial lighting according to the type of work and take all necessary measures to avoid shadow areas. Paragraph 1 of this Article, however, requires the provision of both proper natural and adequate artificial light. The Committee therefore requests the Government to adopt national laws or regulations, in order to ensure compliance with all requirements of Article 9.

Article 10. Sleeping rooms. In addition to section 5(2) of Instructions No. 22 of 1987, section 5(3) provides that the employer shall foresee separate cloakrooms for male and female workers that shall be equipped with wardrobes, and section 5(19) requires a minimum headroom. These provisions do not suffice to give effect to the detailed requirements of this Article. The Committee therefore requests the Government to take the necessary legislative measures to ensure that full effect is given to the requirements of Article 10. Please also furnish particulars on the minimum headroom prescribed in section 5(19), which, according to the Convention, shall not be less than 190 cm.

Article 11. Mess rooms. Further to section 5(2) of Instructions No. 22 of 1987, section 5(5) provides that the employer shall foresee clean and hygienic drinking water that is cooled in the summer. These provisions appear to partly give effect to paragraphs 1 and 6 of this Article. The Committee requests the Government to indicate the legislative measures taken or envisaged to ensure compliance with all the remaining requirements of Article 11.

Article 12. Recreation accommodation. Section 5(2) of Instructions No. 22 of 1987 only partially addresses the provisions of this Article. The Committee asks the Government to adopt national laws or regulations giving full effect to the requirements of Article 12.

Article 13. Sanitary accommodation. According to section 5(4) of Instructions No. 22 of 1987, the employer shall provide bathrooms, sinks and water closets according to the number of male and female workers of the enterprise. This provision appears to address to some extent in paragraph 1, but does not suffice to give effect to the detailed requirements of this Article. The Committee therefore requests the Government to take the necessary legislative measures to ensure that full effect is given to the provisions of Article 13.

Article 15. Cloakrooms, screens and blinds. Section 5(3) of Instructions No. 22 of 1987 provides that the employer shall foresee separate cloakrooms for male and female workers that shall be equipped with wardrobes. This provision partially addresses the provisions of paragraph 1 of this Article. The Committee asks the Government to indicate the legislative measures taken or envisaged to ensure full compliance with the requirements of Article 15.

Article 17. Maintenance and weekly inspection. Section 5(9) of Instructions No. 22 of 1987 provides that the employer shall maintain the workspaces in the enterprise in a clean condition. According to section 4(3)(b)(ii), the designated worker or committee responsible for safety and health matters shall organize regular inspections of all workplaces of the enterprise and draw attention to any hazards. Since the Instructions issued under the Labour Code solely concern workspaces, these provisions cannot be considered as giving full effect to Article 17, which requires the inspection of crew accommodation and the recording of the results of inspections. The Committee therefore asks the Government to take the necessary legislative measures to ensure full compliance with the provisions of Article 17.

If the Maritime Civil Service Act is the relevant legislation applicable to publicly owned vessels, the Committee draws the Government’s attention to the following points.

Articles 3–5, 17 and 18. The Maritime Civil Service Act contains no provisions implementing these Articles of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to give effect to the provisions concerning the inspection system and penalties (Article 3); ship plans (Article 4); inspections following registration, alteration or complaint (Article 5); maintenance and weekly inspection (Article 17); and existing ships (Article 18).

Articles 6–15. Section 70 of the Maritime Civil Service Act generally requires the provision of necessary lodgings for the accommodation of seafarers and to supply them with furniture and necessary conveniences. This provision, however, does not suffice to ensure compliance with the detailed requirements of the Convention. The Committee requests the Government to adopt national laws or regulations giving full effect to the requirements concerning construction and design (Article 6); ventilation (Article 7); heating (Article 8); lighting (Article 9); sleeping rooms (Article 10); mess rooms (Article 11); recreation accommodation (Article 12); sanitary accommodation (Article 13); hospital accommodation (Article 14); and cloakrooms, screens and blinds (Article 15).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report on the application of the Convention, received in 2008. The Government no longer mentions Maritime Civil Service Act No. 201 of 1975 and exclusively refers to Labour Code No. 71 of 1987. The Committee therefore requests the Government to confirm: whether the Maritime Civil Service Act is still in force and, if so, whether the paid annual leave of seafarers employed on board vessels of the private, mixed or cooperative sectors is regulated by the Labour Code, while the paid annual leave of seafarers employed on board publicly owned vessels is regulated by the Maritime Civil Service Act.

Should the Labour Code be the relevant legislation applicable to the private, mixed and cooperative sectors, and in view of the present efforts to draft a new Labour Code, the Committee draws the Government’s attention to the following shortcomings.

Article 2 of the Convention. Scope of application. According to its section 8(1), the Labour Code only applies to the private, mixed and cooperative sector. Section 2 of the Labour Code guarantees the right to work under equal conditions and with equal opportunity to all “citizens” without any discrimination on the basis of sex, race, language or religion. According to section 7, Arab workers employed in Iraq shall be treated on an equal footing with Iraqi workers in regard to the rights and duties set forth in the Code. Sections 2 and 7 thus appear to leave open the possibility of different treatment of non-Arab seafarers. The Convention, however, applies to all persons employed on board seagoing ships registered in the territory of Iraq in an equal manner, regardless of nationality. The Committee requests the Government to indicate by what means it is ensured that the protection provided by the Convention equally applies to non-Arab seafarers employed on board seagoing ships registered in Iraq.

Article 3. Length of annual leave. According to section 67(1) of the Labour Code, a worker shall have a right to 20 days’ paid leave for each year of work. The Convention, however, provides that the leave shall in no case be less than 30 days for one year of service. The Committee also recalls that, pursuant to Iraq’s declaration at the time of ratification, the length of annual leave is 36 days. The Committee requests the Government to indicate the measures taken to ensure that national legislation is brought into conformity with the Convention.

Article 5. Length of service. The Committee asks the Government to indicate the manner in which the length of service is calculated for the purpose of determining the leave entitlement (paragraph 1). According to section 74 of the Labour Code, leave counts as part of the period of service. In addition, please indicate the conditions under which service off articles and absence from work to attend an approved maritime vocational training course or for reasons beyond the control of the seafarer, are counted as part of the period of service (paragraphs 2 and 3).

Article 6. Calculation of annual leave. Section 75 of the Labour Code leaves it unclear whether holidays fixed by law are counted as part of annual leave. The Committee asks the Government to indicate by what measures it is ensured that public and customary holidays shall not be counted as part of the minimum annual leave with pay (subparagraph (a)). According to section 77, the worker is entitled to 30 days’ sick leave for every year of work. Section 84 provides that every woman is entitled to 62 days’ maternity leave at full pay. Please indicate by what measures it is ensured that such periods of incapacity for work are not counted as part of the annual leave with pay (subparagraph (b)). The Committee also asks the Government to indicate the measures taken to ensure that temporary shore leave and compensatory leave are not counted in the minimum annual leave with pay (subparagraphs (c) and (d)).

Article 8. Accumulation of annual leave. Section 69 permits the division of annual leave. The Committee asks the Government to indicate whether the accumulation of annual leave due in respect of one year, together with a subsequent period of leave, is authorized by the competent authority or through the appropriate machinery.

Article 10, paragraphs 2 and 3. Place of annual leave. The Committee asks the Government to indicate by what means it is ensured that no seafarers are required without their consent to take annual leave due to them at a place other than that where they were engaged or recruited, whichever is nearer home, except under the provisions of a collective agreement or of national laws or regulations. Please further indicate the measures taken to ensure that, if a seafarer is required to take annual leave from a place other than the place of engagement or recruitment, whichever is nearer home, he or she shall be entitled to free transportation to that place; subsistence and other costs directly involved in the return shall be for the account of the employer; and the travel time shall not be deducted from the annual leave with pay due to the seafarer.

Should the Maritime Civil Service Act be the relevant legislation applicable to publicly owned vessels, the Committee notes that the Government's report contains no reply to its previous direct request of 2002. The Committee must therefore reiterate its previous comments, which were essentially drafted in the following terms:

Article 2. Scope of application. The Committee reiterates its previous request for clarification as to whether the text of section 2(3) of the Maritime Civil Service Act rather refers to seafarers listed in “Schedules Nos (2) and (3)” instead of those in “Schedules Nos (1) and (2)”, in order to confirm that the leave provisions in the Maritime Civil Service Act apply to all seafarers occupying positions listed in Schedules 1, 2 and 3.

Articles 3 and 4. Proportionate annual leave. The Committee hopes the Government will not fail to indicate the provisions of the Maritime Civil Service Act that ensure a proportionately reduced annual leave for a seafarer whose length of service for any one year is less than that required for the full entitlement, as required by Article 4 of the Convention.

Article 6. Calculation of annual leave. In reply to the previous request concerning this provision of the Convention, the Government once again states that Fridays and official holidays are not counted in the minimum annual paid leave and seafarers who work on these days are given compensatory leave. The Committee hopes the Government will not fail to indicate the relevant provisions of the Maritime Civil Service Act. The Committee reiterates the point that Article 6, paragraphs (b) and (c), of the Convention require similar treatment for periods of incapacity for work and temporary shore leave. It hopes the Government will not fail to provide full particulars in this regard.

Article 8. Uninterrupted period. The Committee notes that neither the Maritime Civil Service Act nor the Civil Service Law appear to provide for such a minimum of continuous days of leave. It recalls that Article 8(2) of the Convention provides that, subject to the division or accumulation of annual leave due in one year that may be authorized by the competent authority or through the appropriate machinery in each country under paragraph 1 of the same Article, the annual leave with pay prescribed by the Convention shall be of an uninterrupted period. The Committee requests the Government to indicate the provisions that provide for the annual leave with pay prescribed by the Convention to be of an uninterrupted period.

Article 10, paragraphs 2 and 3. Place of annual leave. The Committee notes that the Government repeats its earlier replies to its comments that, according to section 42(3) of the Maritime Civil Service Act, annual leave is granted upon a written application submitted by the seafarer and that the place and time such leave is to be taken is fixed by the seafarer. The Committee wishes to point out that the text of section 42(3) does not provide for free transportation to the place of engagement or recruitment, whichever is nearer home, for subsistence and other costs directly involved in the return to be for the account of the employer; and for travel time involved not to be deducted from the annual leave with pay, as required by paragraph 3 of this Article of the Convention. The Committee asks the Government to indicate the relevant measures taken in this regard, and to provide texts of any relevant terms of collective agreements or formal decisions on these points.

Article 11. Waiver. The Committee notes the Government’s report does not contain a reply to its previous request for an indication of the specific provisions ensuring that any agreement to relinquish the right to the minimum leave with pay of seafarers employed by publicly owned seagoing ships covered by the Maritime Civil Service Act are null and void. The Committee asks the Government to provide full details on these points.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes from the Government’s two most recent reports, that follow-up to the Committee’s previous comments is ongoing with the competent authority (i.e. Ministry of Transport) to obtain the requested data related to the Convention. The Committee had invited the Government to consider the possibility of ratifying the Maritime Labour Convention, 2006 (MLC, 2006), which is the up to date international instrument in the field and whose ratification would result in the automatic denunciation of the present Convention. The Committee notes the Government’s response that Iraq has not ratified the MLC, 2006, because the extent of maritime labour in the country is limited. For the same reason, no decision in this respect has been taken by the Tripartite Consultation Committee.

Article 2, clause (a), of the Convention. Conventions listed in the Appendix to Convention No. 147, but not ratified by Iraq. Substantial equivalence. In its previous comments, the Committee had requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice in Iraq. In its reports, the Government confines itself to indicating that Iraq has not ratified Officers’ Competency Certificates Convention, 1936 (No. 53), Sickness Insurance (Sea) Convention, 1936 (No. 56), Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), Medical Examination (Seafarers) Convention, 1946 (No. 73), Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and Prevention of Accidents (Seafarers) Convention, 1970 (No. 134). The Committee wishes to point out that, in accordance with Article 2(a) of Convention No. 147, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. In the case of Iraq, the Government is under an obligation to satisfy itself that national laws or regulations are substantially equivalent to the following Conventions Nos 56, 73 and 87; and Convention No. 134, Articles 4 and 7; and also to satisfy itself that, unless the relevant shipboard living arrangements are covered by collective agreements, national legislation is substantially equivalent to Convention No. 68 (Article 5).

In the absence of relevant information in response to the previous direct request, the Committee is bound to repeat its previous comments which read as follows:

–      Convention No. 56. The Committee recalls that, for the purposes of substantial equivalence with Convention No. 56, there should be a compulsory sickness insurance scheme (Article 1) with 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); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee notes the clarification provided by the Tripartite Consultation Committee that measures ensuring compliance with Convention No. 56 do not fall under the scope of the Ministry of Labour but rather within the remit of the Ministry of Transport, which has already been approached. The Committee therefore hopes that the Government will soon be in a position 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 respect of Convention No. 73 may be met 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 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 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 certificate. The Government indicates that measures ensuring compliance with Convention No. 73 fall within the remit of the Ministry of Transport. The Committee hopes that the necessary efforts will soon be made to ensure that specific provisions substantially equivalent to Convention No. 73 are adopted; the Committee asks the Government to provide a copy of the relevant applicable laws or regulations.

–      Convention No. 134 (Articles 4 and 7). The Committee notes that measures ensuring compliance with these provisions of Convention No. 134 fall within the remit of the Ministry of Transport. The Committee hopes that the Government will soon be in a position to indicate, for the purposes of substantial equivalence with Convention No. 134, 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 the appointment of one or more crew members as responsible for accident prevention under Article 7.

–      Convention No. 68 (Article 5). The Committee recalls that, for the purposes of substantial equivalence with Convention No. 68: (i) food and water supplies, having regard to the size of the crew and the duration and nature of the voyage, should be suitable in respect of quantity, nutritive value, quality and variety; and (ii) the catering department in every vessel should be arranged and equipped in such a manner as to permit the service of proper meals to crew members. The Government indicates that measures ensuring compliance with this provision of Convention No. 68 fall within the remit of the Ministry of Transport. The Committee hopes that, unless the issue is covered by collective agreements, the necessary efforts will soon be made, to indicate the specific provisions in national laws or regulations substantially equivalent to Article 5 of Convention No. 68 and to provide copies of the respective legislation.

–      Convention No. 53 (Articles 3 and 4). The Committee notes that measures ensuring compliance with these provisions of Convention No. 53 fall within the remit of the Ministry of Transport. The Committee hopes that the Government will soon be in a position to indicate the specific provisions of the national legislation which establish requirements 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, so as to ensure substantial equivalence with Convention No. 53 for the purposes of Article 2(a)(i).

–      Convention No. 87. The Committee recalls that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation 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).

In its previous reports, the Government had indicated that seafarers are considered as civil servants rather than workers. In its latest report, however, the Government refers to Trade Union Organization Act No. 52 of 1987, which only applies to private, mixed and cooperative sectors. The Committee requests the Government to clarify the statute of seafarers (civil servants or workers) and to indicate the specific provisions in national legislation that are substantially equivalent to Convention No. 87. It further asks the Government to provide a copy of these laws or regulations. With respect to the Government’s indication that the new draft Labour Code took into account the relevant provisions of Convention No. 87, the Committee asks the Government to supply a copy of the draft Labour Code and provide information on any further developments regarding its adoption.

Standards of manning. In the absence of relevant information, the Committee recalls that the essential requirement of Article 2(a)(i) in respect of standards of manning is that ships should be sufficiently manned to ensure the safety of life on board. The Committee hopes that the Government will soon be in a position to ensure that national laws or regulations laying down safety standards in respect of manning are adopted. Please report on any progress made in this respect.

Article 2, clause (f). The Committee again asks the Government to describe the inspection or other arrangements which exist to verify compliance with the national laws or regulations required under Article 2(a), applicable collective agreements and ratified international labour Conventions. Please also 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, etc.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 2 and 3 of the Convention. Payment of indemnity against unemployment; Remedies. For many years, the Committee has been pointing out that the provisions of the existing Labour Code No. 71 of 1987 do not give effect to these Articles of the Convention. The Government states that, under the existing Labour Code, the employer shall, in the event of shipwreck of any vessel for unforeseen reasons or in circumstances of force majeure, pay to the workers of the vessel an indemnity against unemployment for the period during which the vessel is wrecked, not exceeding 30 days. Indeed, section 65 of the Labour Code in force provides that, if work has stopped entirely or in part owing to exceptional circumstances or force majeure, the employer shall be required to pay to the workers their wages for the period of stoppage for up to 30 days. Under the Convention, however, seafarers shall be paid, in every case of loss or foundering of their vessel, irrespective of the circumstances, an indemnity against unemployment at the same rate as the wages, which may only be limited to two months. Section 65 of the 1987 Labour Code thus cannot be considered to be in compliance with Article 2 of the Convention.

The Government further indicates that the draft new Labour Code is currently at the stage of being examined in the State Consultative Council in order to finalize the legislative aspects. The Committee therefore requests the Government to make every effort to ensure that, either the necessary amendments to the Labour Code are made or that new relevant legislation is adopted, providing that: (i) in every case of loss or foundering of any vessel, each person employed thereon shall be paid for the days during which he or she remains unemployed, an indemnity against unemployment at the same rate as the wages payable under the contract, although the total indemnity payable to any one seafarer may be limited to two months’ wages (Article 2); and (ii) seafarers have the same remedies for recovering the indemnities as they have for recovering arrears of wages earned (Article 3). The Committee trusts that the Government will take all measures to ensure that full effect is given to Articles 2 and 3 of the Convention, and that it will report on any progress made in its next report.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 5 of the Convention. Record of employment. Further to its previous comments, the Committee notes the clarification provided by the Tripartite Consultation Committee that measures ensuring compliance with this Article of the Convention do not fall under the scope of the Ministry of Labour but rather within the remit of the Ministry of Transport, which has already been approached.

The Committee hopes that the Government will soon be in a position to: (i) communicate a copy of the document containing a record of the seafarer’s employment on board the vessel; and (ii) describe its format, the particulars recorded in it and the manner in which such particulars are entered, as determined by national law.

Furthermore, the Committee invites the Government to consider the possibility of ratifying the Maritime Labour Convention, 2006, which is the up to date international instrument regarding, inter alia, seafarers’ employment agreements, and whose ratification would result in the automatic denunciation of the present Convention. The Committee would be grateful if the Government would provide information in its next report on any consultations which have been held on this matter.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 5 of the Convention. Repatriation expenses. The Committee notes the indication of the Tripartite Consultation Committee that, in Iraq, the profession of seafarers is nearly non-existent. Since, however, a number of vessels are flying the flag of Iraq, the Committee recalls that this Convention applies to all persons employed or engaged in any capacity on board any seagoing vessel registered in the country of any Member ratifying this Convention, except for the vessels listed in Article 1, paragraph 2.

The Committee, therefore, requests the Government once again to report on the concrete measures taken to ensure that the repatriation expenses under Article 5, paragraph 1, are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, irrespective of their nationality, and regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee hopes that the Government will soon be in a position to give effect to this provision of the Convention.

Furthermore, the Committee invites the Government to consider the possibility of ratifying the Maritime Labour Convention, 2006, which is the up to date international instrument regarding, inter alia, repatriation, and would result in the automatic denunciation of the present Convention. The Committee would be grateful if the Government would provide information in its next report on consultations which have been held on this matter.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report on the application of the Convention.

Article 2(a) of the Convention. Substantial equivalence. In its most recent report, the Government indicates that Iraq has not ratified Conventions Nos 53, 56, 68, 73 and 134. The Committee wishes to point out that, in accordance with Article 2(a) each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the appendix. In the case of Iraq, the Government is obliged to satisfy itself that national laws or regulations are substantially equivalent to Conventions Nos 53 (Articles 3 and 4); 56, 73 and 134 (Articles 4 and 7); and also to satisfy itself that, unless the relevant shipboard living arrangements are covered by collective agreements, national legislation is substantially equivalent to Convention No. 68 (Article 5).

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

–      Convention No. 56. The Committee recalls that, for the purposes of substantial equivalence with Convention No. 56, there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for seafarers or their 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); and the shipowners and seafarers should share the primes of the scheme (Article 8). The Committee notes the clarification provided by the Tripartite Consultation Committee that measures ensuring compliance with Convention No. 56 do not fall under the scope of the Ministry of Labour but rather within the remit of the Ministry of Transport, which has already been approached. The Committee therefore hopes that the Government will soon be in a position to indicate the specific provisions of the national legislation that are 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 respect of Convention No. 73 may be met 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 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 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 certificate. The Government indicates that measures ensuring compliance with Convention No. 73 fall within the remit of the Ministry of Transport. The Committee hopes that the necessary efforts will soon be made to ensure that specific provisions substantially equivalent to Convention No. 73 are adopted; the Committee asks the Government to provide a copy of the relevant applicable laws or regulations.

–      Convention No. 134 (Articles 4 and 7). The Committee notes that measures ensuring compliance with these provisions of Convention No. 134 fall within the remit of the Ministry of Transport. The Committee hopes that the Government will soon be in a position to indicate, for the purposes of substantial equivalence with Convention No. 134, the specific provisions of the national laws or regulations dealing with the nine subjects listed in Article 4(3) and providing for the appointment of one or more crew members as responsible for accident prevention under Article 7.

–      Convention No. 68 (Article 5). The Committee recalls that, for the purposes of substantial equivalence with Convention No. 68: (i) food and water supplies, having regard to the size of the crew and the duration and nature of the voyage, should be suitable in respect of quantity, nutritive value, quality and variety; and (ii) the catering department in every vessel should be arranged and equipped in such a manner as to permit the service of proper meals to crew members. The Government indicates that measures ensuring compliance with this provision of Convention No. 68 fall within the remit of the Ministry of Transport. The Committee hopes that, unless the issue is covered by collective agreements, the necessary efforts will soon be made, to indicate the specific provisions in national laws or regulations substantially equivalent to Article 5 of Convention No. 68 and to provide copies of the respective legislation.

–      Convention No. 53 (Articles 3 and 4). The Committee notes that measures ensuring compliance with these provisions of Convention No. 53 fall within the remit of the Ministry of Transport. The Committee hopes that the Government will soon be in a position to indicate the specific provisions of the national legislation which establish requirements 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, so as to ensure substantial equivalence with Convention No. 53 for the purposes of Article 2(a)(i).

–      Convention No. 87. The Committee recalls that the essence of Convention No. 87 is freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize. Substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in respect of seafarers on ships registered in the national territory of the following basic guarantees of: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2); (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); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4); 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), such federations and confederations having the same rights as their constituent organizations (Article 6).

        In its previous reports, the Government had indicated that seafarers are considered as civil servants rather than workers. In its latest report, however, the Government refers to the Trade Union Organization Act No. 52 of 1987, which only applies to private, mixed and cooperative sectors. The Committee requests the Government to clarify the status of seafarers (civil servants or workers) and to indicate the specific provisions in national legislation that are substantially equivalent to Convention No. 87. It further asks the Government to provide a copy of these laws or regulations. With respect to the Government’s indication that the new draft Labour Code took into account the relevant provisions of Convention No. 87, the Committee asks the Government to supply a copy of the draft Labour Code and provide information on any further developments regarding its adoption.

Article 2(a)(i). Standards of manning. In the absence of relevant information, the Committee recalls that the essential requirement of Article 2(a)(i) in respect of standards of manning is that ships should be sufficiently manned to ensure the safety of life on board. The Committee hopes that the Government will soon be in a position to ensure that national laws or regulations laying down safety standards in respect of manning are adopted. Please report on any progress made in this respect.

Article 2(f). The Committee again asks the Government to describe the inspection or other arrangements which exist to verify compliance with the national laws or regulations required under Article 2(a), applicable collective agreements and ratified international labour Conventions. Please also 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, etc.

Furthermore, the Committee invites the Government to consider the possibility of ratifying the Maritime Labour Convention, 2006, which is the up to date international instrument in the field and whose ratification would result in the automatic denunciation of the present Convention. The Committee would be grateful if the Government would provide information in its next report on consultations which have been held on this matter.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

With reference to its previous comments in relation to Article 5 of the Convention, the Committee notes the Government’s indication that, in accordance with Decree No. 150 of 1987, seamen have been granted the status of employees and that no reports on the quality of work or reference to wages are being made under the Decree. The Committee again requests the Government to describe the form of the document to be given to each seaman, the particulars to be recorded and the manner in which such particulars are to be entered, and to provide a copy of such document.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 5 of the Convention. In its previous comments, the Committee asked the Government to provide details of measures taken to ensure that the repatriation expenses (which should include the transportation charges, the accommodation and the food of the seaman during the journey, as well as the maintenance of the seaman up to the time fixed for his departure) are paid to all seafarers irrespective of whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that this matter is still under examination by the competent authorities. The Committee requests the Government to report on any progress made in this respect.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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 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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

With reference to its previous comments in relation to Article 5 of the Convention, the Committee notes the Government’s indication that, in accordance with Decree No. 150 of 1987, seamen have been granted the status of employees and that no reports on the quality of work or reference to wages are being made under the Decree. The Committee again requests the Government to describe the form of the document to be given to each seaman, the particulars to be recorded and the manner in which such particulars are to be entered, and to provide a copy of such document.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

Article 5 of the Convention. In its previous comments the Committee asked the Government to provide details of measures taken to ensure that the repatriation expenses (which should include the transportation charges, the accommodation and the food of the seaman during the journey, as well as the maintenance of the seaman up to the time fixed for his departure) are paid to all seafarers irrespective of whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that this matter is still under examination by the competent authorities. The Committee requests the Government to report on any progress made in this respect.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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 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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (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:

With reference to its previous comments in relation to Article 5 of the Convention, the Committee notes the Government’s indication that, in accordance with Decree No. 150 of 1987, seamen have been granted the status of employees and that no reports on the quality of work or reference to wages are being made under the Decree. The Committee again requests the Government to describe the form of the document to be given to each seaman, the particulars to be recorded and the manner in which such particulars are to be entered, and to provide a copy of such document.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (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:

Article 5 of the Convention. In its previous comments the Committee asked the Government to provide details of measures taken to ensure that the repatriation expenses (which should include the transportation charges, the accommodation and the food of the seaman during the journey, as well as the maintenance of the seaman up to the time fixed for his departure) are paid to all seafarers irrespective of whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that this matter is still under examination by the competent authorities. The Committee requests the Government to report on any progress made in this respect.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (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.

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

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 direct request, which read as follows:

With reference to its previous comments in relation to Article 5 of the Convention, the Committee notes the Government’s indication that, in accordance with Decree No. 150 of 1987, seamen have been granted the status of employees and that no reports on the quality of work or reference to wages are being made under the Decree. The Committee again requests the Government to describe the form of the document to be given to each seaman, the particulars to be recorded and the manner in which such particulars are to be entered, and to provide a copy of such document.

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

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 direct request, which read as follows:

Article 5 of the Convention. In its previous comments the Committee asked the Government to provide details of measures taken to ensure that the repatriation expenses (which should include the transportation charges, the accommodation and the food of the seaman during the journey, as well as the maintenance of the seaman up to the time fixed for his departure) are paid to all seafarers irrespective of whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that this matter is still under examination by the competent authorities. The Committee requests the Government to report on any progress made in this respect.

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

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 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.

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:

Articles 2 and 3 of the Convention. For many years, the Committee has been noting that the provisions of the Labour Code do not provide for the application of these Articles of the Convention and it has therefore been drawing the Government’s attention to the need to adopt legislation providing: (a) in accordance with Article 2 of the Convention, that, in every case of loss or foundering of any vessel, each person employed thereon shall be paid an indemnity against unemployment at the same rate as the wages payable under the contract for the days during which they in fact remain unemployed, although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (b) in accordance with Article 3, that seafarers shall have the same remedies for recovering the indemnities as they have for recovering arrears of wages earned. In this regard, the Government states once again in its report that section 150 of the Labour Code provides in a clear manner that, in the absence of an explicit provision in the Labour Code, the provisions of international labour Conventions ratified by Iraq shall apply. It adds that it will endeavour to adopt the necessary legislative measures to dispel any ambiguity in this respect. The Committee notes this information once again. It trusts that, in accordance with the assurances given, the Government will take all the necessary measures to adopt legislation giving full effect to Articles 2 and 3 and that it will provide copies of it in its next report.

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

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

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 direct request, which read as follows:

Further to its previous comments, the Committee notes the Government’s 1997 report.

Article 2 of the Convention. The Committee notes that, in reply to its previous comments, the Government’s report repeats the statement that Law No. 201 of 1975 applies to all persons working on civil maritime units belonging to the State. The Committee reiterates its previous request for clarification as to whether the text of section 2 of Law No. 201 should read: seafarers listed in "Schedules Nos. (2) and (3)" instead of "Schedules Nos. (1) and (2)", in order to confirm that the leave provisions in Law No. 201 apply to all seafarers occupying positions listed in Schedules 1,2 and 3. Further to its previous request for the original Arabic text of Law No. 201 of 1975, the Committee notes the short extract from the original Arabic of the said text enclosed with the Government’s last report. It would be grateful if the Government would supply the full Arabic text of the said Law.

The Committee again notes that the Government’s report does not contain a reply to its previous request regarding legislative provisions applying the Convention to non-Iraqi nationals employed on board Iraqi-registered ships. The Committee recalls that the Convention applies to all persons employed on board seagoing ships registered in the territory and requests the Government to indicate which legislative provisions apply the Convention to non-Iraqi nationals employed on board Iraqi-registered vessels.

Articles 3 and 4. The Committee notes that the Government’s report repeats previous replies to its earlier comments. It therefore hopes the Government will not fail to indicate the provisions under Chapter 7 of Law No. 201, or of any other legislation that ensures a proportionately reduced annual leave for a seafarer whose length of service for any one year is less than that required for the full entitlement, as required by Article 4 of the Convention.

Article 6. In reply to its previous request concerning this provision of the Convention, the Government once again states that Fridays and official holidays are not counted in the minimum annual paid leave and seafarers who work on these days are given compensatory leave. The Committee hopes the Government will not fail to indicate the specific provisions of national law which apply to seafarers on both privately and publicly owned ships. The Committee reiterates the point that Article 6, paragraphs (b) and (c), of the Convention require similar treatment for periods of incapacity for work and temporary shore leave. It hopes the Government will not fail to provide full particulars in this regard.

Article 8. The Committee notes the Government’s reply to its previous comments that seafarers may divide and accumulate their leave by virtue of the provisions of the Civil Service Law and the Labour Code and that according to Law No. 201 of 1975, the maximum length of uninterrupted annual leave is 36 days. The Committee notes that, while under section 69(II) of the Labour Code, 1987, only six continuous days of leave must be taken at one time, neither Law No. 201 nor the Civil Service Law provide for such a minimum of continuous days of leave. It recalls that Article 8, paragraph 2, of the Convention provides that, subject to the division or accumulation of annual leave due in one year that may be authorized by the competent authority or through the appropriate machinery in each country under paragraph 1 of the same Article, the annual leave with pay prescribed by the Convention shall be of an uninterrupted period. The Committee requests the Government to indicate the provisions of national law that provide for the annual leave with pay prescribed by the Convention to be of an uninterrupted period.

Article 10, paragraphs 2 and 3. The Committee notes that the Government repeats its earlier replies to its previous comments that, according to section 42(3) of Law No. 201, annual leave is granted upon a written application submitted by the seafarer and that the place and time such leave is to be taken is fixed by the seafarer. The Government states that the fact that free choice of leave is afforded to seafarers means there is no text compelling them to take annual leave without their consent or in a place other than where they were engaged. The Committee wishes to point out that the text of section 42(3) of Law No. 201 does not provide for free transportation to the place where he was engaged or recruited, whichever is nearer his home, for subsistence and other costs directly involved in his return to be for the account of the employer, and for travel time involved not to be deducted from the annual leave with pay, as required by paragraph 3 of this Article of the Convention. Please also provide texts of any relevant terms of collective agreements or formal decisions on these points.

Article 11. The Committee notes the Government’s report does not contain a reply to its previous request for an indication of the specific provisions of national law that provide that any agreement to relinquish the right to the minimum leave with pay of seafarers employed by publicly owned seagoing ships covered by Law No. 201 should be null and void. In this regard it points out that section 71 of the Labour Code, while so providing, it is nonetheless limited to "workers employed in the private, mixed and cooperative sectors" (section 8(1) of the same Labour Code). Please provide full details on these points.

Article 12. Please provide a copy of the Service Regulations also referred to in the Government’s last report.

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

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

The Committee has been pointing out for several years that while some legislation exists referring in general terms to inspection in the Civil Marine Service and dealing with some specific aspects of working conditions, there appear to be no detailed laws and regulations applying the Convention. The Committee notes that the Government’s latest report provides no further elements in response to its previous comments. The Committee recalls that under Article 3, paragraph 1, of the Convention a ratifying Member undertakes to maintain laws or regulations which ensure the application of the provisions of Part II (Planning and control of crew accommodation), Part III (Crew accommodation requirements) and Part IV (Application of Convention to existing ships) of the Convention. The Committee again expresses the hope that the Government will take the necessary measures in law and practice to apply the Convention.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference to its previous comments in relation to Article 5 of the Convention, the Committee notes the Government’s indication that, in accordance with Decree No. 150 of 1987, seamen have been granted the status of employees and that no reports on the quality of work or reference to wages are being made under the Decree. The Committee again requests the Government to describe the form of the document to be given to each seaman, the particulars to be recorded and the manner in which such particulars are to be entered, and to provide a copy of such document.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Article 5 of the Convention.  In its previous comments the Committee asked the Government to provide details of measures taken to ensure that the repatriation expenses (which should include the transportation charges, the accommodation and the food of the seaman during the journey, as well as the maintenance of the seaman up to the time fixed for his departure) are paid to all seafarers irrespective of whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that this matter is still under examination by the competent authorities. The Committee requests the Government to report on any progress made in this respect.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Articles 2 and 3 of the Convention.  For many years, the Committee has been noting that the provisions of the Labour Code do not provide for the application of these Articles of the Convention and it has therefore been drawing the Government’s attention to the need to adopt legislation providing: (a) in accordance with Article 2 of the Convention, that, in every case of loss or foundering of any vessel, each person employed thereon shall be paid an indemnity against unemployment at the same rate as the wages payable under the contract for the days during which they in fact remain unemployed, although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (b) in accordance with Article 3, that seafarers shall have the same remedies for recovering the indemnities as they have for recovering arrears of wages earned. In this regard, the Government states once again in its report that section 150 of the Labour Code provides in a clear manner that, in the absence of an explicit provision in the Labour Code, the provisions of international labour Conventions ratified by Iraq shall apply. It adds that it will endeavour to adopt the necessary legislative measures to dispel any ambiguity in this respect. The Committee notes this information once again. It trusts that, in accordance with the assurances given, the Government will take all the necessary measures to adopt legislation giving full effect to Articles 2 and 3 and that it will provide copies of it in its next report.

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

Further to its previous comments, the Committee notes the Government's 1997 report.

Article 2 of the Convention. The Committee notes that, in reply to its previous comments, the Government's report repeats the statement that Law No. 201 of 1975 applies to all persons working on civil maritime units belonging to the State. The Committee reiterates its previous request for clarification as to whether the text of section 2 of Law No. 201 should read: seafarers listed in "Schedules Nos. (2) and (3)" instead of "Schedules Nos. (1) and (2)", in order to confirm that the leave provisions in Law No. 201 apply to all seafarers occupying positions listed in Schedules 1,2 and 3. Further to its previous request for the original Arabic text of Law No. 201 of 1975, the Committee notes the short extract from the original Arabic of the said text enclosed with the Government's last report. It would be grateful if the Government would supply the full Arabic text of the said Law.

The Committee again notes that the Government's report does not contain a reply to its previous request regarding legislative provisions applying the Convention to non-Iraqi nationals employed on board Iraqi-registered ships. The Committee recalls that the Convention applies to all persons employed on board seagoing ships registered in the territory and requests the Government to indicate which legislative provisions apply the Convention to non-Iraqi nationals employed on board Iraqi-registered vessels.

Articles 3 and 4. The Committee notes that the Government's report repeats previous replies to its earlier comments. It therefore hopes the Government will not fail to indicate the provisions under Chapter 7 of Law No. 201, or of any other legislation that ensures a proportionately reduced annual leave for a seafarer whose length of service for any one year is less than that required for the full entitlement, as required by Article 4 of the Convention.

Article 6. In reply to its previous request concerning this provision of the Convention, the Government once again states that Fridays and official holidays are not counted in the minimum annual paid leave and seafarers who work on these days are given compensatory leave. The Committee hopes the Government will not fail to indicate the specific provisions of national law which apply to seafarers on both privately and publicly owned ships. The Committee reiterates the point that Article 6, paragraphs (b) and (c), of the Convention require similar treatment for periods of incapacity for work and temporary shore leave. It hopes the Government will not fail to provide full particulars in this regard.

Article 8. The Committee notes the Government's reply to its previous comments that seafarers may divide and accumulate their leave by virtue of the provisions of the Civil Service Law and the Labour Code and that according to Law No. 201 of 1975, the maximum length of uninterrupted annual leave is 36 days. The Committee notes that, while under section 69(II) of the Labour Code, 1987, only six continuous days of leave must be taken at one time, neither Law No. 201 nor the Civil Service Law provide for such a minimum of continuous days of leave. It recalls that Article 8, paragraph 2, of the Convention provides that, subject to the division or accumulation of annual leave due in one year that may be authorized by the competent authority or through the appropriate machinery in each country under paragraph 1 of the same Article, the annual leave with pay prescribed by the Convention shall be of an uninterrupted period. The Committee requests the Government to indicate the provisions of national law that provide for the annual leave with pay prescribed by the Convention to be of an uninterrupted period.

Article 10, paragraphs 2 and 3. The Committee notes that the Government repeats its earlier replies to its previous comments that, according to section 42(3) of Law No. 201, annual leave is granted upon a written application submitted by the seafarer and that the place and time such leave is to be taken is fixed by the seafarer. The Government states that the fact that free choice of leave is afforded to seafarers means there is no text compelling them to take annual leave without their consent or in a place other than where they were engaged. The Committee wishes to point out that the text of section 42(3) of Law No. 201 does not provide for free transportation to the place where he was engaged or recruited, whichever is nearer his home, for subsistence and other costs directly involved in his return to be for the account of the employer, and for travel time involved not to be deducted from the annual leave with pay, as required by paragraph 3 of this Article of the Convention. Please also provide texts of any relevant terms of collective agreements or formal decisions on these points.

Article 11. The Committee notes the Government's report does not contain a reply to its previous request for an indication of the specific provisions of national law that provide that any agreement to relinquish the right to the minimum leave with pay of seafarers employed by publicly owned seagoing ships covered by Law No. 201 should be null and void. In this regard it points out that section 71 of the Labour Code, while so providing, it is nonetheless limited to "workers employed in the private, mixed and cooperative sectors" (section 8(1) of the same Labour Code). Please provide full details on these points.

Article 12. Please provide a copy of the Service Regulations also referred to in the Government's last report.

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:

Articles 2 and 3 of the Convention. For several years the Committee has drawn the Government's attention to the need to adopt legislation providing: (a) under Article 2 of the Convention, that in the event of loss or foundering of a vessel, each person employed thereon shall be paid an indemnity against unemployment for the days during which they remain in fact unemployed at the same rate as the wages payable under the contract, but the total indemnity payable to any one seaman may be limited to two months' wages, and (b) under Article 3 of the Convention, that seamen shall have the same remedies for recovering such indemnities as they have for recovering arrears of wages earned. In its report, the Government indicates that article 150 of the Labour Code provides in a clear and explicit manner that in the absence of a provision in the Labour Code, the provisions of the Conventions of the International Labour Organization, in particular, ratified by Iraq shall be applied. It adds, none the less, that it will strive to take legislative measures to dispel any obscurity in this respect. The Committee notes this information and hopes that the Government will be able, in accordance with the assurances given, to adopt the legal provisions needed to ensure full application of Articles 2 and 3 of the Convention. It hopes that the Government's next report will contain detailed information on progress made 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 1998, published 87th ILC session (1999)

The Committee has been pointing out for several years that while some legislation exists referring in general terms to inspection in the Civil Marine Service and dealing with some specific aspects of working conditions, there appear to be no detailed laws and regulations applying the Convention. The Committee notes that the Government's latest report provides no further elements in response to its previous comments. The Committee recalls that under Article 3, paragraph 1, of the Convention a ratifying Member undertakes to maintain laws or regulations which ensure the application of the provisions of Part II (Planning and control of crew accommodation), Part III (Crew accommodation requirements) and Part IV (Application of Convention to existing ships) of the Convention. The Committee again expresses the hope that the Government will take the necessary measures in law and practice to apply the Convention.

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

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 direct request, which read as follows:

Article 2 of the Convention. The Committee notes the Government's reply to its previous comments that Law No. 201 of 1975 applies to all workers on board state-owned marine civil units. The Committee requests the Government to clarify whether the text of section 2 of Law No. 201 should read: seafarers listed in "Schedules Nos. (2) and (3)" instead of "Schedules Nos. (1) and (2)", in order to confirm that the leave provisions in Law No. 201 apply to all seafarers occupying positions listed in schedules 1, 2 and 3. The Committee also would be grateful if the Government would supply a copy of the original Arabic version of Law No. 201 of 1975.

With regard to non-Iraqi nationals employed on board Iraqi-registered vessels, the Committee notes that section 8(1) of Law No. 201 states that an "organization (defined in section 2 of the same Law as any company, administration or civil official or semi-official department possessing or administering or hiring any marine unit)' may employ foreigners according to special contracts made by the board without being bound by the legislative regulations governing the employment of foreigners in Iraq". The Committee recalls that the Convention applies to all persons employed on board seagoing ships registered in the territory. It therefore requests the Government to indicate which legislative provisions apply the Convention to non-Iraqi nationals employed on board Iraqi-registered vessels.

Articles 3 and 4. The Committee notes that the Government's report does not reply to its previous comment. It therefore repeats its request to the Government to indicate what provision under Chapter 7 of Law No. 201, or of any other legislation, ensures a proportionately reduced annual leave.

Article 6. In reply to its previous request concerning this provision of the Convention, the Government again states that Fridays and official holidays are not counted in the minimum annual paid holiday and seafarers who work on these days are given compensatory leave. The Committee reiterates its request to the Government to indicate the specific provisions which apply to seafarers on both privately and publicly owned ships. The Committee must also point out again that Article 6, paragraphs (b) and (c) of the Convention require similar treatment for periods of incapacity for work and temporary shore leave. It therefore repeats its request to the Government to provide full particulars in this regard.

Article 8. With reference to its previous comments on the division and accumulation of annual leave, the Committee notes the Government's indication that in accordance with Law No. 201 of 1975, a seafarer may take his annual leave for an uninterrupted period of 36 days. It requests the Government to clarify which specific provision of Law No. 201 explicitly provides that the annual leave shall consist of an uninterrupted period of 36 days.

Article 10, paragraphs 2 and 3. In its previous comments, the Committee noted that under section 42(3) of Law No. 201, ordinary leave is granted on written application by the seafarer or officer, and will be granted on the date and in the place chosen by the applicant. The Government states in its report that the fact that a seafarer is able to freely request his annual leave means that no provisions exist which require him to take his annual leave without his consent or to spend his annual leave at a place other than the place of engagement or recruitment. The Committee requests the Government to indicate how free transport to the place of engagement or recruitment of the seafarer, subsistence and other costs of return are ensured at the employer's charge. It also requests the Government to provide texts of any relevant terms of collective agreements or formal decisions on these points.

Article 11. The Committee notes that under section 71 of the Labour Code "any agreement under which a worker partially or totally waives his or her right to take annual leave in return for compensation or for any other reason shall be null and void". The Committee recalls that section 8(1) of the Labour Code explicitly provides that "(t)he provisions of this Code apply to all workers employed in the private, mixed and cooperative sectors". It therefore requests the Government to indicate which specific provisions (providing that any agreement to relinquish the right to the minimum leave should be null and void) apply to seafarers employed by publicly owned seagoing ships, which are covered by Act No. 201.

Article 12. The Committee notes that the Office has not received a copy of the service rules referred to in the Government's first report. It therefore would be grateful if the Government would provide a copy of these service rules.

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

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

The Committee has noted the Government's replies to its previous comments. It notes that Instructions No. 22 of 1987 concerning safety and health at work do not seem to apply to ships, since they do not relate to the public sector. It recalls that, while there is some legislation referring in general terms to inspection in the Civil Marine Service and dealing with some specific aspects of working conditions, there appear to be no detailed laws and regulations as required by Article 3 of the Convention ensuring the application of Parts II (Planning and Control of Crew Accommodation), III (Crew Accommodation Requirements) and IV (Application of Convention to Existing Ships). The Committee fully appreciates the efforts made by the competent maritime administration, as mentioned in the report. However, it would hope that the Government will envisage taking the necessary legislative and practical measures -- perhaps with the benefit of the ILO's technical advice -- in order to apply the Convention in full. It hopes the next report will include details of the steps taken or proposed to this effect.

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

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its reports and the attached documentation.

The Committee requests the Government to refer to Article 5 of the Convention which relates to the document that every seafarer must be given. This document has to contain a record of the seafarer's employment on board the vessel, but must not contain any statement as to the quality of the seafarer's work or as to his wages. The Committee requests the Government to indicate the manner in which the form of the document, the particulars to be recorded and the conditions for its establishment are determined, and to provide a copy of the document given to every seafarer.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 5, paragraph 1, of the Convention. Further to the comments it has been making for a number of years the Committee notes the Government's brief reply that it is in the process of coordinating with the competent authority concerning the measures to be taken to ensure that the expenses of foreign seafarers who are awaiting repatriation in locations outside Iraq are paid to them as they would be if these seafarers were in Iraq irrespective of whether they are employed in the public or private sector. The Committee trusts the Government will shortly take the necessary measures to ensure that such repatriation expenses are paid to all seafarers and to communicate all details in its next report.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 2 of the Convention. The Committee notes the Government's reply to its previous comments that Law No. 201 of 1975 applies to all workers on board state-owned marine civil units. The Committee requests the Government to clarify whether the text of section 2 of Law No. 201 should read: seafarers listed in "Schedules Nos. (2) and (3)" instead of "Schedules Nos. (1) and (2)", in order to confirm that the leave provisions in Law No. 201 apply to all seafarers occupying positions listed in schedules 1, 2 and 3. The Committee also would be grateful if the Government would supply a copy of the original Arabic version of Law No. 201 of 1975.

With regard to non-Iraqi nationals employed on board Iraqi-registered vessels, the Committee notes that section 8(1) of Law No. 201 states that an "organization (defined in section 2 of the same Law as (a)ny company, administration or civil official or semi-official department possessing or administering or hiring any marine unit)' may employ foreigners according to special contracts made by the board without being bound by the legislative regulations governing the employment of foreigners in Iraq". The Committee recalls that the Convention applies to all persons employed on board seagoing ships registered in the territory. It therefore requests the Government to indicate which legislative provisions apply the Convention to non-Iraqi nationals employed on board Iraqi-registered vessels.

Articles 3 and 4. The Committee notes that the Government's report does not reply to its previous comment. It therefore repeats its request to the Government to indicate what provision under Chapter 7 of Law No. 201, or of any other legislation, ensures a proportionately reduced annual leave.

Article 6. In reply to its previous request concerning this provision of the Convention, the Government again states that Fridays and official holidays are not counted in the minimum annual paid holiday and seafarers who work on these days are given compensatory leave. The Committee reiterates its request to the Government to indicate the specific provisions which apply to seafarers on both privately and publicly owned ships. The Committee must also point out again that Article 6, paragraphs (b) and (c) of the Convention require similar treatment for periods of incapacity for work and temporary shore leave. It therefore repeats its request to the Government to provide full particulars in this regard.

Article 8. With reference to its previous comments on the division and accumulation of annual leave, the Committee notes the Government's indication that in accordance with Law No. 201 of 1975, a seafarer may take his annual leave for an uninterrupted period of 36 days. It requests the Government to clarify which specific provision of Law No. 201 explicitly provides that the annual leave shall consist of an uninterrupted period of 36 days.

Article 10, paragraphs 2 and 3. In its previous comments, the Committee noted that under section 42(3) of Law No. 201, ordinary leave is granted on written application by the seafarer or officer, and will be granted on the date and in the place chosen by the applicant. The Government states in its report that the fact that a seafarer is able to freely request his annual leave means that no provisions exist which require him to take his annual leave without his consent or to spend his annual leave at a place other than the place of engagement or recruitment. The Committee requests the Government to indicate how free transport to the place of engagement or recruitment of the seafarer, subsistence and other costs of return are ensured at the employer's charge. It also requests the Government to provide texts of any relevant terms of collective agreements or formal decisions on these points.

Article 11. The Committee notes that under section 71 of the Labour Code "(a)ny agreement under which a worker partially or totally waives his or her right to take annual leave in return for compensation or for any other reason shall be null and void". The Committee recalls that section 8(1) of the Labour Code explicitly provides that "(t)he provisions of this Code apply to all workers employed in the private, mixed and cooperative sectors". It therefore requests the Government to indicate which specific provisions (providing that any agreement to relinquish the right to the minimum leave should be null and void) apply to seafarers employed by publicly owned seagoing ships, which are covered by Act No. 201.

Article 12. The Committee notes that the Office has not received a copy of the service rules referred to in the Government's first report. It therefore would be grateful if the Government would provide a copy of these service rules.

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

1. The Committee has noted the information communicated by the Government, particularly in regard to Article 1(1) of the Convention.

2. Articles 2 and 3 of the Convention. For several years the Committee has drawn the Government's attention to the need to adopt legislation providing: (a) under Article 2 of the Convention, that in the event of loss or foundering of a vessel, each person employed thereon shall be paid an indemnity against unemployment for the days during which they remain in fact unemployed at the same rate as the wages payable under the contract, but the total indemnity payable to any one seaman may be limited to two months' wages, and (b) under Article 3 of the Convention, that seamen shall have the same remedies for recovering such indemnities as they have for recovering arrears of wages earned.

In its report, the Government indicates that article 150 of the Labour Code provides in a clear and explicit manner that in the absence of a provision in the Labour Code, the provisions of the Conventions of the International Labour Organization, in particular, ratified by Iraq shall be applied. It adds, none the less, that it will strive to take legislative measures to dispel any obscurity in this respect.

The Committee notes this information and hopes that the Government will be able, in accordance with the assurances given, to adopt the legal provisions needed to ensure full application of Articles 2 and 3 of the Convention. It hopes that the Government's next report will contain detailed information on progress made in this respect.

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

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 direct request, which read as follows:

Article 2 of the Convention. 1. The Committee takes note of the information that seafarers employed by publicly owned seagoing ships are subject to Law No. 201 of 1975 and those engaged on privately owned ones or ships with mixed or cooperative ownership are subject to the Labour Code (section 8(1)).

2. The Committee notes that the Government's report does not contain a reply to its previous comment that the provisions in Law No. 201 relating to leave apply only to seafarers as defined in section 2, i.e. those occupying positions listed in schedules 1 and 2. The Committee trusts the Government will indicate what provisions concerning leave apply to seafarers listed in schedule 3 or other seafarers including non-Iraqi nationals employed on board Iraqi-registered vessels.

Articles 3 and 4. The Committee notes the information provided in the Government's report. It also notes the provision of section 67.III of the Labour Code as regards seafarers engaged on ships that are not publicly owned. It further notes that a proportionately shorter period of leave is given under Chapter 7 of Law No. 201 for a shorter period of service. Please indicate what provision of Law No. 201 ensures such proportionately reduced annual leave.

Article 6. The Committee notes that Fridays, national and official holidays are not counted in the minimum annual paid holiday and seafarers who work on those days are given compensatory leave. Please indicate the specific provisions for seafarers on both privately and publicly owned ships. The Committee points out that Article 6, paragraphs (b) and (c) of the Convention require similar treatment for periods of incapacity for work and temporary shore leave. Please provide indications in this regard.

Article 8. The Committee notes that seafarers have the right to divide and accumulate annual leave in conformity with Law No. 201 and the Labour Code. The Committee notes that section 69.II of the Labour Code permits dividing annual leave but does not deal with the question of accumulation, while section 42(8) of Law No. 201 authorises the laying down of schedules specifying dates of leave but not their division or accumulation. Please provide further details in this regard.

Article 10, paragraphs 2 and 3. The Committee notes that according to section 42(3) of Law No. 201 ordinary leave is granted on written application by the seafarer or officer, and will be granted on the date and in the place chosen by the applicant. Please indicate what provisions ensure that seafarers are not required, without their consent, to take annual leave otherwise than at the place of engagement except under a collective agreement or legislation, and, if such exception is allowed, what arrangements apply as regards transport and other costs, as required by this Article.

Article 11. The Committee notes that no measures are proposed to prohibit any agreement to relinquish the right to a minimum annual leave with pay as required by this Article. The Committee hopes the Government will review the situation and report on measures taken or proposed in its next report.

Article 12. The Committee notes with interest the information provided.

Please provide a copy of the previously requested service rules referred to in an earlier report.

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

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

The Committee has noted the Government's replies to its previous comments. It notes that Instructions No. 22 of 1987 concerning safety and health at work do not seem to apply to ships, since they do not relate to the public sector. It recalls that, while there is some legislation referring in general terms to inspection in the Civil Marine Service and dealing with some specific aspects of working conditions, there appear to be no detailed laws and regulations as required by Article 3 of the Convention ensuring the application of Parts II (Planning and Control of Crew Accommodation), III (Crew Accommodation Requirements) and IV (Application of Convention to Existing Ships). The Committee fully appreciates the efforts made by the competent maritime administration, as mentioned in the report. However, it would hope that the Government will envisage taking the necessary legislative and practical measures - perhaps with the benefit of the ILO's technical advice - in order to apply the Convention in full. It hopes the next report will include details of the steps taken or proposed to this effect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2 of the Convention. 1. The Committee takes note of the information that seafarers employed by publicly owned seagoing ships are subject to Law No. 201 of 1975 and those engaged on privately owned ones or ships with mixed or cooperative ownership are subject to the Labour Code (section 8(1)).

2. The Committee notes that the Government's report does not contain a reply to its previous comment that the provisions in Law No. 201 relating to leave apply only to seafarers as defined in section 2, i.e. those occupying positions listed in schedules 1 and 2. The Committee trusts the Government will indicate what provisions concerning leave apply to seafarers listed in schedule 3 or other seafarers including non-Iraqi nationals employed on board Iraqi-registered vessels.

Articles 3 and 4. The Committee notes the information provided in the Government's report. It also notes the provision of section 67.III of the Labour Code as regards seafarers engaged on ships that are not publicly owned. It further notes that a proportionately shorter period of leave is given under Chapter 7 of Law No. 201 for a shorter period of service. Please indicate what provision of Law No. 201 ensures such proportionately reduced annual leave.

Article 6. The Committee notes that Fridays, national and official holidays are not counted in the minimum annual paid holiday and seafarers who work on those days are given compensatory leave. Please indicate the specific provisions for seafarers on both privately and publicly owned ships. The Committee points out that Article 6, paragraphs (b) and (c) of the Convention require similar treatment for periods of incapacity for work and temporary shore leave. Please provide indications in this regard.

Article 8. The Committee notes that seafarers have the right to divide and accumulate annual leave in conformity with Law No. 201 and the Labour Code. The Committee notes that section 69.II of the Labour Code permits dividing annual leave but does not deal with the question of accumulation, while section 42(8) of Law No. 201 authorises the laying down of schedules specifying dates of leave but not their division or accumulation. Please provide further details in this regard.

Article 10, paragraphs 2 and 3. The Committee notes that according to section 42(3) of Law No. 201 ordinary leave is granted on written application by the seafarer or officer, and will be granted on the date and in the place chosen by the applicant. Please indicate what provisions ensure that seafarers are not required, without their consent, to take annual leave otherwise than at the place of engagement except under a collective agreement or legislation, and, if such exception is allowed, what arrangements apply as regards transport and other costs, as required by this Article.

Article 11. The Committee notes that no measures are proposed to prohibit any agreement to relinquish the right to a minimum annual leave with pay as required by this Article. The Committee hopes the Government will review the situation and report on measures taken or proposed in its next report.

Article 12. The Committee notes with interest the information provided.

Please provide a copy of the previously requested service rules referred to in an earlier report.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided in the Government's report. It requests further information on the following points:

Article 1 of the Convention. Further to its previous comments, the Committee notes that all publicly owned sea-going vessels, including tugs and small vessels, are subject to Act No. 201 of 1975 (the Civil Marine Service Act). Please indicate if there are any privately owned sea-going ships falling under the Convention and what national legislation is applicable to them.

Article 2(a). 1. The Committee notes the Government's report contains no reply to its previous request for a copy of any legislation laying down safety standards in respect of manning. Please provide a copy of such law.

2. (Conventions included in the Appendix to Convention No. 147 but not ratified by Iraq.)

- Convention No. 56. Further to its previous comments, the Committee notes that insurance for medical care, sickness, accident and death is compulsory under section 69 of Act No. 201. Please indicate how substantial equivalence to Convention No. 56 is assured by providing details on the points referred to in the 1990 General Survey on Convention No. 147.

- Convention No. 53, Article 4. Although the Government states that the question of minimum age for certification of officers is covered by Acts Nos. 201 of 1975 and 24 of 1960, the Committee points out that for officers covered by this Convention there should be minimum age requirements (not less than 18 years), a minimum period of professional experience and the organisation and supervision of examinations of proficiency in accordance with Article 4. Please provide details of legislation on these points.

- Convention No. 68, Article 5. The Committee notes that meals are served free of charge to all crew members and that food supplies are constantly inspected. It requests the Government to provide indications on the measures taken or proposed as to food supply and catering arrangements on board, regard being had to all the elements in this Article. (See paragraphs 125 and 178 of the 1990 General Survey.)

- Convention No. 73. The Committee notes that seafarers are examined by an official medical committee, which determines their fitness for the work they are assigned. The Committee requests the Government to indicate how the other detailed aspects of the nature of the examination, its periodicity, and re-examination in cases of refusal of a certificate are prescribed. (See paragraph 112 of the 1990 General Survey.)

- Convention No. 87. The Committee notes that all seafarers are considered as civil servants rather than workers, and that they enjoy statutory and not contractual relations. Those among them who have a profession may join professional associations. The Committee wishes to point out the requirement that laws and regulations should be substantially equivalent to Convention No. 87, and it underlines the essence of Convention No. 87 is the freedom, vis-à-vis the public authorities, to exercise the right to organise. It draws the Government's attention to paragraphs 187 and 188 of its 1990 General Survey. Please provide detailed information on measures taken or contemplated in this regard.

- Convention No. 134. Further to its previous comments, the Committee notes the list of various safety measures on board ship. It draws the Government's attention to the fact that Article 4, paragraph 1 of this Convention requires provisions concerning the prevention of occupational accidents to be laid down in laws or regulations. Please indicate where the measures listed are published and provide copies of the applicable laws or regulations in this regard and in regard to safety responsibility (Article 7).

Article 2(d). Further to its previous comments, the Committee notes that the Government has not provided indications in its report on the particular procedures as to complaints about engagement, which should be subject to the overall supervision by the competent authority after appropriate tripartite consultation. The Committee draws the Government's attention to paragraphs 218 to 220 of its 1990 General Survey and requests the Government to provide information with its next report.

Article 2(e). The Committee notes with interest the information provided. Please include in future reports further information regarding the training regarding other crew members (see paragraph 1(2) of Recommendation No. 137).

Article 2(f). The Committee trusts the Government will not fail to communicate, in its next report, the previously requested information on the inspection and other verification arrangements in respect of the standards of the Convention, including details of the inspection staff, numbers and results of inspections, and penalties imposed.

Article 5. Further to its previous comments, the Committee notes that Iraq has not yet become a party to the 1966 Load Line Convention. The Committee recalls the Government's undertaking on ratifying the present Convention, in accordance with paragraph 2 of this Article, to fulfil progressively all the requirements of paragraph 1, which are not yet satisfied, i.e. those in respect of the said Load Line Convention, and either the 1960 Regulations for Preventing Collisions at Sea (COLREG) or the 1972 COLREG Convention. The Committee trusts that progress will be made in this respect soon and that the Government will indicate the steps taken.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in reply to its previous direct request.

Article 5 of the Convention. Please supply a copy of the official's document that is issued to each Iraqi seafarer. As regards foreign seafarers employed on Iraqi vessels, please supply a copy of the instructions issued under the terms of section 23 of the Labour Code of 1987, and a copy of the work permit with which they are provided.

Article 9, paragraph 1. Please supply a copy of decision No. 551 of 1989 respecting seafarers employed in the public sector.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 5, paragraph 1, of the Convention. In its previous comments, the Committee requested the Government to indicate whether the accommodation and maintenance expenses of foreign seafarers who are awaiting repatriation in locations outside Iraq are paid to them as they would be if these seafarers were in Iraq. The Government indicates in its report that the public maritime transport authority only covers the expenses of seafarers undertaking an official mission on board one of the authority's vessels. The Committee requests the Government to indicate the measures that have been taken or are contemplated to ensure that the expenses in question are paid to all foreign seafarers irrespective of whether they are employed in the public or private sector.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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 direct request, which read as follows:

Article 2 of the Convention. 1. The Committee notes from the report that no exclusion from the application of the Convention has been made by national legislation. It notes, however, that Law No. 201 of 1975 deals only with merchant shipping. Please indicate whether this Law in fact covers all sea-going ships registered in the national territory, and, if not, what provisions (e.g. the Labour Code) apply to ships which are not merchant vessels.

2. The Committee notes that the provisions in Law No. 201 relating to leave apply only to seamen as defined in section 2, i.e. those occupying positions listed in schedules 1 and 2. Please indicate what provisions concerning leave apply to seafarers listed in schedule 3 or other seafarers, including non-Iraqi nationals employed on board Iraqi-registered vessels.

Articles 3 and 4. Please indicate whether the provisions in Chapter 7 of Law No. 201 ensure, in practice, that every seafarer is entitled to annual leave with pay of the specified minimum length (i.e. 36 days), or, where service is shorter than that required for the full entitlement, to annual leave proportionate to the length of service.

Article 6. Please indicate the measures taken to ensure that public and customary holidays, periods of incapacity for work, temporary shore leave, and compensatory leave are not counted in the minimum annual paid holiday as provided for in this Article.

Article 8. The Committee notes that section 42(8) of Law No. 201 authorises organisations to lay down schedules specifying dates of leave; but there appears to be no provision as to the division or accumulation of annual leave. Please indicate whether such provision exists and what period of annual leave with pay is taken uninterrupted in accordance with this Article.

Article 10, paragraphs 2 and 3. Please indicate how it is ensured that seafarers are not required without their consent to take annual leave otherwise than at the place of engagement except under a collective agreement or legislation, and, if such exception is allowed, what arrangements apply as regards transport and other costs, as required by this Article.

Article 11. Please indicate any steps envisaged to prohibit any agreement to relinquish the right to a minimum annual leave with pay, in accordance with this Article.

Article 12. Please indicate the conditions in which a seafarer can, in practice, be recalled from annual leave.

Please provide a copy of the service rules referred to in the report.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. In reply to the Committee's previous comments, the Government indicates that Articles 2 and 3 of the Convention are covered by section 33 of the new Labour Code of 1987 which provides that a worker who goes to his workplace prepared to work and is prevented from doing so by causes beyond his control shall be considered as having worked and be entitled to his wage. While noting this information, the Committee wishes to draw the Government's attention to the fact that under section 65, subsection 1, of the Labour Code of 1987, the obligation placed on employers to pay workers' wages in the event of work being halted totally or partly owing to exceptional circumstances or a case of force majeure is limited to 30 days, whereas Article 2, paragraph 2, of the Convention lays down a minimum of two months' wages.

The Committee therefore hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention in this respect.

2. Furthermore, the Committee notes that under section 7 of the Labour Code of 1987, Arab workers employed in Iraq receive the same treatment as Iraqi workers with regard to the rights and obligations provided for in the Code. In this connection, it recalls that the protection laid down in the Convention applies, by virtue of Article 1, paragraph 1, to all persons employed on any vessel engaged in maritime navigation, irrespective of their nationality. The Committee therefore asks the Government in its next report to indicate the measures that have been taken or are envisaged to ensure that the Convention applies to non-Arab foreign seafarers employed on vessels engaged in maritime navigation flying the Iraqi flag, with the exception of warships.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has noted the brief information in the Government's first report.

Article 1 of the Convention. The Committee would be grateful if the Government would indicate whether all sea-going ships for purposes of the Convention are publicly owned and thus covered by Act No. 201 of 1975 (the Civil Marine Service Act). Please indicate whether sea-going tugs are covered by the Act; and whether there are any exceptions in respect of small vessels.

Article 2(a) 1. Please provide a copy of any legislation laying down safety standards in respect of manning.

2. (Conventions included in the Appendix to Convention No. 147 but not ratified by Iraq.)

- Conventions Nos. 55 or 56. The Committee notes that section 69 of Act No. 201 provides that the employing organisation "should" insure against sea-farers' death, sickness and personal accidents; on the other hand, it provides that the employer "shall" bear such expenses in conformity with the insurance certificate or relevant regulations. The Committee would be glad if the Government would indicate whether such insurance is compulsory - in which case it is requested to indicate the manner in which substantial equivalence to Convention No. 56 is ensured - or purely optional - in which case it is requested to indicate the manner in which substantial equivalence to Convention No. 55 is ensured.

- Convention No. 53, Article 4. Please provide details as to the legislation concerning minimum age and a minimum period of professional experience and as to the organisation and supervision of examinations in respect of the officers covered by sections 24-27 and 32-33 of Act No. 201.

- Convention No. 68, Article 5. The Committee notes that section 61 of Act No. 201 refers to a monetary "food allowance". Please indicate the measures taken or proposed as to food supply and catering arrangements on board, regard being had to this Article.

- Convention No. 73. The Committee notes the medical examination requirement in section 8(3) of Act No. 201. Please indicate in particular any measures taken or proposed as to the nature of the examination, its periodicity, and reexamination in case of refusal of a certificate (Articles 4, 5 and 8).

- Convention No. 87. The Committee notes that there appears to be no provision relating to the freedom of association and right to organise of seafarers. Please describe the present position in this respect and indicate any measures taken or proposed, regard being had to the requirements of Convention No. 147.

- Convention No. 134, Articles 4 and 7. Please provide details of any arrangements as to accident prevention in the public sector and in particular on board ship, having regard to these Articles.

Article 2(d). The Committee has noted the Government's reference to complaints in general being made to ships' captains. It would be glad if it would indicate the particular procedures as to complaints about engagement, which should be subject to overall supervision by the competent authority after appropriate tripartite consultation.

Article 2(e). The Committee notes the Government's indication that prior and on-board training is given in conformity with Recommendation No. 137. Please describe the operation of training programmes and indicate the institutions responsible.

Article 2(f). Please describe inspection and other verification arrangements in respect of the standards of the Convention, including details of the inspection staff, numbers and results of inspections made, and penalties imposed.

Article 4. Please include in future reports information as to any developments in respect of action taken on foreign-registered ships in Iraq ports.

Article 5. The Committee recalls the Government's undertaking on ratifying the present Convention, in accordance with paragraph 2 of this Article, to fulfil progressively all the requirements of paragraph 1 which are not yet satisfied. Whilst Iraq is bound by the 1960 International Convention for the Safety of Life at Sea (SOLAS), it appears not yet to be bound by the 1966 Load Lines Convention; nor by either the 1960 Regulations for Preventing Collisions at Sea (COLREG) or the 1972 COLREG Convention. The Committee hopes progress will be made in this respect and that the Government will provide details of steps being taken.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has noted the Government's replies to its previous comments. It notes that Instructions No. 22 of 1987 concerning safety and health at work do not seem to apply to ships, since they do not relate to the public sector. It recalls that, while there is some legislation referring in general terms to inspection in the Civil Marine Service and dealing with some specific aspects of working conditions, there appear to be no detailed laws and regulations as required by Article 3 of the Convention ensuring the application of Parts II (Planning and Control of Crew Accommodation), III (Crew Accommodation Requirements) and IV (Application of Convention to Existing Ships). The Committee fully appreciates the efforts made by the competent maritime administration, as mentioned in the report. However, it would hope that the Government will envisage taking the necessary legislative and practical measures - perhaps with the benefit of the ILO's technical advice - in order to apply the Convention in full. It hopes the next report will include details of the steps taken or proposed to this effect.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee takes note of the information supplied by the Government in reply to its previous direct request.

Article 5 of the Convention. The Committee notes from the Government's report that section 143(a), subparagraph 2, of the Labour Law, provides for all workmen in the public sector to be given a work card on which the main information contained in his file will be reproduced. The Committee also notes that, included in the information contained in the file, is the amount of wages received and any sanctions imposed upon the workman. The Committee wishes to draw the Government's attention to the fact that, in so far as the work card might be considered as being the document provided for in the Convention, it should contain no assessment of the quality of the work of the seaman nor any indication concerning his wages. The Committee would be grateful if the Government would indicate the steps taken or under consideration to prevent this information appearing on the card.

With regard to foreign workers, the Committee notes that Regulation No. 30 of 25 September 1973, referred to in the Governments' report, provides for the issue of a work permit to foreign nationals for them to exercise an activity in Iraq.

The Committee requests the Government to supply additional information concerning the way in which this work permit could take the place of the document provided for by this Article of the Convention in the case of foreign seamen employed on Iraqi vessels.

Article 9, paragraph 1. In its previous comments, the Committee pointed out that under section 40 of Law No. 201 of 1975, the Civil Marine Service, seamen may, as a rule, resign, but their resignation may be refused by the maritime organisation in question. In its report, the Government states that in the event of the seaman terminating the contract, under section 83 of Law No. 201 of 1975, the provisions of section 26(c) of the Labour Law become applicable. Under section 83, issues not covered by the above Law are regulated by the provisions of the Labour Law. In view of the fact, however, that the issue of the resignation of seamen is expressely covered by section 40 of Law No. 201, the Civil Marine Service, the Committee would be grateful if the Government would specify the way in which section 26(c) of the Labour Law could apply in this case.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes the Government's reply to its previous direct request.

Article 5 of the Convention. According to the Government's report, the accommodation and maintenance expenses of foreign seafarers are paid while they are in Iraq. Please indicate whether they are also paid abroad when seafarers are awaiting transport to the port of repatriation.

The Committee again expresses the hope that the Government will not fail to supply with its next report a copy or relevant extracts of the Port Instructions and Orders, 1949.

Observation (CEACR) - adopted 1987, published 74th ILC session (1987)

For a number of years now the Committee has been drawing the Government's attention to the need to adopt legislation prescribing: (a) in conformity with Article 2 of the Convention, that all persons employed on board a vessel shall be entitled in case of loss or foundering of a vessel to an indemnity fixed at the same rate as the wages payable under their contract provided that the total indemnity payable to each seaman may be limited to two months' wages; (b) in accordance with Article 3 of the Convention, that this indemnity will be given the same guarantees as arrears of wages, and that seamen shall have the same remedies for recovering such indemnity as they have for recovering arrears of wages.

In its report, the Government refers once again to section 19 of the Labour Code of 1970, which is applicable to all questions not covered by Law No. 201 of 1975, regarding the Civil Marine Service. According to the Government, shipwreck is regarded as being similar to an involuntary stoppage of work and consequently seamen do not risk being umemployed in the event of shipwreck and are regarded as continuing the work and receive their full wages. This is applied in practice by the authorities responsible for seamen in the public and private sectors, ensuring that effect is given to the provisions of the Convention.

The Committee notes this information; however, it draws the Government's attention to the fact that under section 69(b) of the Labour Law, the indemnity due for partial or total stoppage of work for an emergency or force majeure is limited to two weeks' salary, contrary to the provisions of Article 2, paragraph 2 of the Convention which provide for a minimum of two months. The Committee therefore hopes that the necessary measures will be taken to give full effect to Articles 2 and 3 of the Convention.