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

The Committee notes the Government’s reports on Conventions Nos. 55, 68, 69, 92, 108, 133, 134, 146, 164, and 166. In order to provide a comprehensive view of the issues relating to the application of these Conventions on the maritime sector, the Committee considers it appropriate to examine them together.

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2006, as amended (MLC, 2006), classified Conventions Nos. 55, 68, 69, 92, 108, 133, 134, 146, 164, and 166 as “outdated”.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. 55, 68, 69, 92, 133, 134, 146, 164, and 166 as well as 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 55, 68, 69, 92, 133, 134, 146, 164, and 166 and the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185) among the countries still bound by Convention No. 108. In this regard, the Committee notes with interest the Government’s information that the Turkish Grand National Assembly approved the ratification of the MLC, 2006 on 2 March 2017 by Law No. 6898 (Official Gazette No. 30018 of 25 March 2017). The Committee notes that the Government further indicates that the ratification process of the MLC, 2006 has not yet been completed, and amendments to the relevant national legislation are underway with a view to bringing it into conformity with the provisions of the Convention. The Committee accordingly requests the Government to provide information on any progress made towards the ratification of the MLC, 2006. The Committee further encourages the Government to consider ratifying Convention No. 185 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.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

The Committee notes the observations of the Association of Turkish Shipowners (TAİS) communicated with the Government’s report indicating that, in Turkey, there are no particular problems of harmonisation between the measures implementing the MLC, 2006 and Convention No. 108.

Articles 5 and 6 of the Convention. Readmission to a territory and permission to enter a territory. In its previous comments, the Committee recalled that Articles 5 and 6 shall be implemented through laws, regulations, or other measures, and requested the Government to indicate the measures taken to give full effect to these Articles. The Committee notes the Government’s reference to the Turkish Passport Law No. 5682, which provides that all travellers require a valid passport or travel document whenever they leave or enter Turkey (section 2), a seaman’s book being considered a valid travel document (section 12). The Government further refers to section 20(5), which states that the entry and exit of foreign seafarers with regular and appropriate seafarers’ identity documents issued by competent authorities are permitted on the basis of the reciprocity principle. The Committee notes the Government’s reference to section 12(2) of the Law on Foreigners and International Protection, which provides that a visa for entering in Turkey may not be required from those (a) intending to disembark at a port city from a carrier which has been obliged to use Turkish air and seaports due to force majeure and (b) arriving at sea ports and intending to visit the seaport city or nearby provinces for touristic purpose, provided that their stay does not exceed 72 hours. Furthermore, the Committee notes the copy of the “Port City Permit Certificate for Seamen”, which, according to the Government, is issued ex officio for foreign seafarers, at no cost, by the personnel working at the border gates. The Government indicates that such certificate shall be issued upon the written request of the shipmaster with the assurance of the agency serving the ship that the seafarer is not included in the list of banned migration and/or undesirable persons, and shall be valid for multiple 30-day entries, renewable for up to 90 days. The Committee takes note of this information.

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

Articles 5 and 6 of the Convention. Readmission to a territory and permission to enter a territory. In its previous comment, the Committee noted the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ) indicating that there was no legal provision guaranteeing permission for a Turkish seafarer holding a valid identity document to enter a territory for the purposes of joining his or her ship or transferring to another ship or passing in transit to join his or her ship in another country and requested the Government to provide its comments in this respect. The Committee further requested the Government to indicate the provisions implementing the requirements of Articles 5 and 6 of the Convention. The Committee notes that the Government, in its report, states in relation with TÜRK-IŞ’s observations, that seafarers holding a valid SID issued by the Ministry of Transport and Infrastructure get transit pass permission to join a ship anchored in another country which has a reciprocal agreement with Turkey or to transfer to another ship or join their ship in another country. These matters are included in the text of the bilateral agreements concluded with the respective countries. The Committee notes that the Government refers to holders of a SID issued by the Turkish authorities but does not address the issue of the implementation of the requirements of the Convention in relation with seafarers holders of SIDs issued by other countries bound by the Convention. In this regard, the Committee recalls that under Article 5(1), any seafarer who holds a valid seafarer’s identity document issued by the competent authority of a territory for which the Convention is in force shall be readmitted to that territory. Under Article 6(1) and (2), each Member shall permit the entry into a territory for which the Convention is in force of a seafarer holding a valid seafarer’s identity document, when entry is requested for temporary shore leave while the ship is in port or for the purpose of: (a) joining his ship or transferring to another ship; (b) passing in transit to join his ship in another country or for repatriation; or (c) any other purpose approved by the authorities of the Member concerned. Recalling that these provisions shall be implemented through laws, regulations or other measures, the Committee requests the Government to indicate the measures taken to give full effect to Articles 5 and 6 of the Convention.

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

The Committee notes the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Seafarers’ Union of Turkey, received on 29 October 2015 in relation to Conventions Nos 53, 55, 134 and 166. The Committee invites the Government to provide any comment it may wish to make in reply to these observations.

The Committee notes the Government’s indication in its reports that some of the Committee’s previous comments will be taken into consideration when revising the Technical Regulations on Ships No. 27409 of 17 November 2009 after ratification of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes the information provided by the Government that the ratification of the MLC, 2006 was adopted in the Foreign Affairs Commission of the Parliament on 18 June 2014 and is on the agenda of the Grand National Assembly. The Committee recalls that it has raised issues of compliance with the requirements of the Conventions under review for several years. Taking into account that a majority of those requirements have been incorporated into the MLC, 2006, the Committee hopes that the Government will take advantage of this opportunity to adopt measures to bring its legislation into conformity with the Conventions. The Committee requests the Government to provide information on the process of ratification of the MLC, 2006. 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 issues in a single comment, as follows.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55)

Article 1 of the Convention. Scope. The Committee previously requested the Government to take measures to ensure that, in relation with the provisions of the Convention, the Maritime Labour Code of 1967 covers all seafarers serving on board Turkish-flagged vessels and not only those of 100 gross tonnage and above. The Committee notes that the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Seafarers’ Union of Turkey indicate that even if Article 1 of the Maritime Labour Code authorizes the Council of Ministers to extend its provisions to vessels of less than 100 gross tonnage, the Code should be amended to cover the persons employed on those vessels, particularly those navigating in coastal waters. Noting that the Government has not provided information on this point, the Committee requests the Government, once again, to ensure that the legislation implementing the Convention covers all seafarers employed and engaged in maritime navigation on board any Turkish-flagged vessel, including vessels of less than 100 gross tonnage. The Committee further notes the TÜRK-İŞ’ and the Seafarers’ Union of Turkey’s indication that the different deficiencies raised by the Committee in its previous comments concerning the application of the Convention are compensated, in practice, through the provisions of a collective agreement.

Article 3(b). Provision of board and lodging. The Committee previously requested the Government to specify how it is ensured, under the Social Insurance and Universal Health Insurance Act No. 5510 of 31 May 2006, that the medical care and maintenance of the sick or injured seafarer comprises not only medical treatment and supply of proper and sufficient medicines but also board and lodging, as required by Article 3(b) of the Convention. The Committee notes that the Government, as well as TÜRK-İŞ, together with the Seafarers’ Union of Turkey, refer to articles 65 and 66 of the Social Insurance Act which seem to cover board and lodging as required by the Convention. The Committee takes notes of this information.

Article 5(1)(a). Payment of full wages. The Committee previously requested the Government to adopt the necessary measures to ensure that, in cases of sickness or injury resulting in incapacity for work, the shipowner will pay full wages as long as the sick or injured person remains on board. Noting the Government’s indication that no information could be provided in relation to this matter, the Committee requests it once again to adopt the necessary measures to implement this provision of the Convention.

Article 6(2). Repatriation destination. The Committee previously requested the Government to explain how it is ensured that seafarers can choose the repatriation destination among the ports specified in the Convention. Noting the Government’s indication that no information could be provided in relation to this matter, the Committee requests once again that the Government adopt the necessary measures to implement this provision of the Convention.

Article 8. Property left on board. The Committee previously requested the Government to indicate how it is ensured that all property left on board by sick, injured or deceased seafarers is safeguarded by the shipowner. Noting that the Government indicated that no information could be provided in relation to the Committee’s previous comment on the matter, the Committee requests the Government to take the appropriate measures in order to ensure that all property left on board by sick, injured or deceased seafarers is safeguarded by the shipowner, and to inform the Committee of measures adopted.

Article 11. Equality of treatment. The Committee previously requested the Government to take appropriate action to ensure that all laws or regulations relating to seafarers’ sickness and injury benefits apply to all seafarers without distinction. In this regard, the Committee notes the observations from the Seafarers’ Union of Turkey to the effect that Turkish law is incompatible with the Convention. The Committee recalls that the Convention expressly requires equality of treatment of all seafarers irrespective of nationality, domicile or race. Given the fact that the Government has not replied to the Committee’s previous comment on the matter, the Committee must therefore reiterate its request.

Food and Catering (Ships’ Crews) Convention, 1946 (No. 68)

Article 4 of the Convention. Permanent and qualified staff. The Committee previously required information on the status and qualifications of the inspectors or other persons responsible for ensuring compliance with the requirements of the Convention which concern food and catering services for ships’ crews. The Committee notes the Government’s reference to section 12 of the Regulations on Ships’ Inspection No. 26342 of 10 November 2006 and to the provisions of the Regulations on Port State Control No. 26120 of 26 March 2006. The Committee notes that the abovementioned section 12 refers to the qualifications of ship building control officers, deck control officers, ship engine control officers and marine radio control officers. The Committee takes note of this information.

Article 6. System of inspection. The Committee previously requested the Government to indicate any laws or regulations providing for a system of inspection of all aspects of food supply and catering services on board merchant ships. The Committee notes in this regard that article 5 of the Regulations on Accommodation, Food and Catering and Seafarers’ Health No. 20378 of 20 December 1989 entrusts the audit and inspection of the implementation of these Regulations to the officials of the Ministry of Labour and Social Security. The Committee takes note of this information.

Article 7. Inspections at sea. The Committee previously requested the Government to indicate: (i) whether the inspection by the catering board provided under section 27 of the Regulations No. 20378 also encompasses the inspection of the spaces and equipment used for the storage and handling of food and water, as well as the galley and other equipment for the preparation and service of meals; (ii) whether the internal regulations provided for under section 15 of the same Regulations systematically indicate the intervals at which inspections at sea should be carried out by the catering board; and (iii) measures taken or envisaged ensuring that results of inspections at sea are recorded. Concerning the issue raised under (i), the Committee notes that according to section 15 of the same Regulations, the internal regulations adopted by the shipowner should provide for the inspection on board of the spaces and equipment used for the storage and handling of food and water, as well as the galley and other equipment for the preparation and service of meals. The Committee takes note of this information. Concerning point (ii), the Committee notes that the Government has not provided specific information regarding the interval of inspection. The Committee recalls that Article 7 of the Convention requires that inspections be done at prescribed intervals. The Committee therefore once again requests that the Government indicate whether, under section 15 of the Regulations, the intervals at which inspections at sea should be carried out is indicated. Concerning the recording of inspections at sea, the Committee notes that section 6 of the Regulations provides that “under the responsibility of the ship captain, it is mandatory to have a labour inspection book and a ship surveillance book on each ship”; that “the labour inspection book is kept in line with the principles set out in the labour inspection regulations” and that “registration in the ship surveillance book is made by the first officer or health officer together with the representative of workers if there is one”. The Committee takes note of this information.

Article 8. Special inspection following complaints. Referring to section 27 of the abovementioned Regulations No. 20378, the Committee previously requested the Government to provide information on the implementation of the procedure established for dealing with complaints falling within the scope of the Convention. The Committee notes that the Government indicates that complaints on issues related to the Convention may be addressed to the Ministry of Labour and Social Security, in particular through the Labour and Social Security Communication Center (Hello 170) available 24 hours and seven days a week. Recalling that Article 8 of the Convention provides that a special inspection shall be made when a complaint has been duly filed, the Committee requests the Government to indicate if inspections are conducted to investigate complaints addressed to the Ministry of Labour.

Article 10. Annual report. The Committee previously requested the Government to provide information on how it ensures that the annual report of the Labour Inspection Board covers food and catering of ships’ crews and is made available to all bodies and persons concerned. Noting that the Government has provided no information on this issue, the Committee reiterates its request.

Article 11. Training and refresher courses. The Committee previously requested the Government to provide further details on the training courses organized for staff members employed in the catering department of seagoing ships. The Committee notes the Government’s indication that the minimum requirements for ships’ cooks training are provided for in Annex 24 of Directive No. 14739 on Examination and Training of Seafarers of 2 March 2015. The Committee notes this information.

Article 12. Collection and publication of information. The Committee previously requested the Government to describe any measures taken with a view to collecting and disseminating information on nutrition, methods of storing, preserving, cooking and serving food, with special reference to catering requirements on board ship. The Committee notes the Government’s reference to section 11 of the abovementioned Regulations No. 20378 which provides for the collection of the information relevant to the catering board. The Committee also notes the Government’s indication that meetings of the ship’s catering board are held once a year and attended by the social partners. Finally, the Committee notes the project set up by the Directorate General on Occupational Health and Safety regarding the calculation of the calorific value of seafarer’s food. The Committee takes note of this information.

Certification of Ships’ Cooks Convention, 1946 (No. 69)

Article 4(2)(b) of the Convention. Minimum period of service at sea. The Committee previously requested the Government to clarify if the minimum period of six months serving as a cook, provided for in the legislation to obtain a certificate of qualification as a ship’s cook, had to be spent at sea. The Committee notes the Government’s indication that, until 28 June 2013, seafarers could obtain a certificate of qualification as a ship’s cook by demonstrating at least six months of service as a cook on a ship. The Government adds that, as from that date, to serve as a ship’s cook, the person must have obtained a ship’s cook conformity certificate as provided for in article 29 and Annex 24 of Directive No. 14739 of 2 March 2015 on Examination and Training of Seafarers. The Committee requests the Government to specify if in order to obtain the ship’s cook certificate, the seafarer must have served for a minimum period at sea as required by Article 4(2)(b).

Article 4(2)(c), (3) and (4). Examinations and certificates of qualification. The Committee previously requested specific details on the completion of the training provided by vocational colleges, the specific examinations held in order to obtain a certificate as a ship’s cook and especially: (i) the authority or authorities which organize and issue this certificate; and (ii) the nature of the examinations (including the practical tests) which have to be taken. The Committee notes the Government’s indication that ship’s cook training is subject to a final examination comprising a practical and a theoretical section. The Committee further notes that, according to the Government, this examination is carried out under the supervision of the trainers of education institutions, which operate under the responsibility of the Ministry of Education. The Committee also notes that the curriculum of the training course for ships’ cooks is provided for in Annex 24 of the abovementioned Directive No. 14739. The Committee takes note of this information.

Article 6. Recognition of certificates. The Committee previously requested the Government to clarify whether section 54 of the Regulations of Seafarers No. 24832 of 31 July 2002, which provides that, in order to be recognized, certificates issued by foreign authorities to Turkish nationals and foreigners must be compatible with rule 1/10 and section A-1/10 of the Code of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended, also applies to ships’ cooks and, if not, whether any similar provisions exist for the recognition of certificates for ships’ cooks issued in other territories. The Committee notes the Government’s indication that section 54 of the Regulations No. 24832 does not apply to ship’s cooks. The Committee requests, once again, that the Government indicate whether provisions exist for the recognition of certificates for ships’ cooks issued in other territories.

Medical Examination (Seafarers) Convention, 1946 (No. 73)

Article 3 of the Convention. Medical examinations of seafarers. The Committee previously requested additional information concerning the manner in which the competent authority ensures effective supervision of both the quality and the reality of the medical examination for non-resident foreign seafarers, in particular when the examination is carried out in the seafarer’s country of residence or domicile. The Committee notes the Government’s indication that medical certificates obtained in another country are valid if their form and content comply with the requirements of the Convention and the Seafarers’ Health Directive. The Committee takes note of this information.

Article 5(3). Medical certificate expired in the course of a voyage. The Committee previously requested the Government to specify the legal text providing for the seafarer’s entitlement to request the renewal of his medical certificate within a period not exceeding six months in cases where it expires in the course of a voyage. The Committee notes the Government’s indication that section 61 of the Regulations No. 24832, as amended in 2012, provides that, if the period of validity of a certificate expires during the course of a voyage, the certificate shall continue to be in force until the end of that voyage provided that this period does not exceed three months. The Committee takes note of this information.

Article 6(1). Exemption possibility in urgent cases. The Committee previously requested the Government to clarify whether the national legislation permits, in exceptional circumstances and only for a single voyage, the employment of a seafarer without a medical certificate. The Committee notes the Government’s indication that section 61 of the Regulations No. 24832, as amended in 2012, provides that, in exceptional circumstances, the employment of a seafarer without a medical certificate is permitted until the next port of call. The Committee notes that this provision is in conformity with the Convention.

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

Article 5 of the Convention. Ship inspection in case of complaint. The Committee previously noted the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) on 10 August 2010 which addressed the issue of the complexity of the complaint process stating that the system requires a statement to be made before a public notary, an official from the Ministry of Health to be called in and a report to be drawn up under the supervision of the notary, while there is no established mechanism for investigating such complaints. Furthermore, TÜRK-İŞ stated that monetary fines for failing to comply with crew accommodation requirements are not a sufficient deterrent. The Committee notes that the Government has not provided any comments on these observations. The Committee recalls that the Convention requires that, on every occasion when a complaint is made, the competent authority will inspect the ship and satisfy itself that the crew accommodation comply with the requirements of the laws and regulations. The Committee requests the Government to indicate the measures taken to put in place sufficiently dissuasive sanctions for ships failing to comply with crew accommodation requirements and to establish a mechanism for investigating complaints.

Article 6(8). Fire prevention. The Committee previously requested the Government to indicate any decisions taken by the competent authorities regarding the extent to which ship constructors are required to take fire-prevention or fire-retarding measures in the construction of crew accommodation. The Committee notes the Government’s reference to section 17(2) of the Regulations on Shipyard, Boat Manufacturing and Slipway No. 29400 of 28 June 2015 which provides that fire extinguishers, first-aid units and equipment will be ready for use. While noting this information, the Committee requests the Government to indicate decisions taken, if any, by the competent authorities regarding the extent to which ship constructors are required to take fire-prevention or fire-retarding measures in the construction of crew accommodation.

Article 10. Sleeping rooms. The Committee previously requested the Government to indicate any berthing and sleeping room arrangements reflecting Article 10(8), (9)(a) and (d), (10) and (28). The Committee notes the Government’s indication that the requirements of Article 10 are addressed by the Technical Regulations on Ships No. 27409 of 17 November 2009 which are in the process of being revised. The Committee notes that the draft amendments provided by the Government seem to fulfil the requirements of this Article of the Convention. The Committee therefore requests the Government to provide a copy of the revised Technical Regulations on Ships No. 27409 when adopted and to indicate the specific provisions of the Regulations which give effect to the requirements of Article 10 of the Convention.

Article 11(3), (4), (9) and (10). Mess rooms. The Committee previously requested the Government to indicate: (i) whether, in practice, separate mess-room accommodation is provided in ships of 1,000 GT and over for deck department petty officers and other ratings as well as for engine department petty officers and other ratings (paragraph 3); (ii) whether adequate provisions for mess room accommodation for the catering department exists for ships of less than 5,000 GT (paragraph 4); and (iii) whether proper facilities for washing utensils are provided even where available pantries are not accessible to mess rooms and whether seats in the mess rooms are of a damp-resisting material capable of being easily cleaned (paragraphs 9 and 10). The Committee notes the information provided by the Government related to mess-room accommodation for petty officers and other ratings as well as for the catering department. It also notes that section 103 of the Technical Regulations on Ships No. 27409 fulfils the requirements of Article 11(10) of the Convention. The Committee requests the Government to indicate whether proper facilities for washing utensils are provided even where available pantries are not accessible to mess rooms as required under Article 11(9) of the Convention.

Article 13(2)(d), (3), (4)(b) and (10). Sanitary accommodation. The Committee previously repeated its request for the Government to take measures to: (i) prescribe the allocation of water closets to various groups of the crew (paragraphs 3 and 4(b)); (ii) ensure that all sanitary facilities are provided with soil pipes and water pipes of adequate dimensions and so constructed as to minimize the risk of obstruction and to facilitate cleaning (paragraph 10); and (iii) to indicate whether, in ships where the radio officers or operators are accommodated in an isolated position, provision is made for sanitary facilities near or adjacent thereto (paragraph 2(d)). The Committee notes the Government’s reference to sections 59 and 60 of the Regulations on Accommodation, Food and Catering and Seafarers’ Health No. 20378 of 20 December 1989, which relate to sanitary installations. The Committee notes that, while section 60 of the Regulations fulfils the requirements of paragraph 2 of Article 13 of the Convention (separate water closets), section 59 fulfils only partially those of paragraph 4 of the same Article (sanitary facilities). The Committee requests the Government to adopt the necessary measures to ensure that all members of the crew who do not occupy rooms to which private facilities are attached are provided with the required sanitary facilities in conformity with the Convention.

Article 14. Hospital accommodation. The Committee previously requested the Government to indicate the legal provisions specifying that ships carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration must provide separate hospital accommodation which is suitably situated and easily accessible. The Committee notes the Government’s reference to section 14 of the Regulations No. 20378 of 20 December 1989 which is in conformity with this Article of the Convention. The Committee takes note of this information.

Articles 15 and 16. Specific crew accommodation requirements. The Committee previously requested the Government to specify how it is ensured that: (i) sufficiently and adequately ventilated accommodation is provided outside of the sleeping rooms for the hanging of seafarers’ oilskins; (ii) in ships of over 3,000 GT, one room for the deck department and one room for the engine department are provided and equipped for use as an office; (iii) measures are taken to protect the crews’ quarters in ships regularly trading to mosquito-infested ports by the fitting of suitable screens to side scuttles, ventilators and doors to the open deck; and (iv) in the case of ships in which are employed such groups of ratings as necessitate the employment of a substantially larger number of ratings than would otherwise be employed, special arrangements are made to take account of distinctive national habits and customs, in particular concerning the number of persons occupying sleeping rooms and concerning mess rooms and sanitary facilities. The Committee notes the Government’s reference to Part 2 of the abovementioned Regulations No. 20378. The Committee notes, however, that this part of the Regulations does not contain provisions giving effect to Articles 15 and 16 of the Convention as detailed above. The Committee requests, once again, that the Government provide the requested information to show conformity with Articles 15 and 16 of the Convention.

Article 17(2). Weekly inspections. The Committee previously requested the Government to indicate the provisions in the national legislation providing for weekly inspections by the captain or an officer specially deputed for the purpose by him and providing for the recording of those inspections. The Government refers to section 5 of the Regulations No. 20378 – which provides for audit and inspection by Ministry officers to ensure the respect of the Regulations – and to section 15 of the Regulations on Port State Control No. 26120 of 26 March 2006 on the examination of documents at port, neither of which provide for weekly inspections of crew accommodation on board the ship. The Committee requests, once again, that the Government indicate the provisions in the national legislation which give effect to this Article of the Convention.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Articles 2 and 4 of the Convention. Form and content of seafarer’s identity document. The Committee previously requested the Government to indicate how it is ensured that the seamen’s books contain, among other particulars, the seafarer’s physical characteristics. Moreover, the Committee had requested the Government to provide comments on the observations submitted by the Confederation of Turkish Trade Unions (TÜRK-IŞ) regarding, among other issues, the fact that seafarers’ identity documents currently issued in paper form should be converted to electronic card and that their validity should be extended to at least five years so as to avoid frequent and lengthy administrative procedure for their renewal. Moreover, TÜRK-İŞ indicates that, in practice, the national identity documents are not accepted in every port and, therefore, the Government should seek ways to render the seafarer’s books valid internationally. The Committee notes the specimen of the new seafarer’s book provided by the Government. The Committee notes in particular the changes made to the seafarers’ identity documents’ form and content which are technologically improved and offer advanced safety features, including a barcode in conformity with ICAO document 9303. While the Government has not provided comments on the observations submitted by the Confederation, the Committee considers that the new seafarers’ identity documents, valid for a period of five years with advanced safety features seem to address its concerns.

Articles 5 and 6. Readmission to a territory and permission to enter a territory. The Committee previously requested the Government to take the necessary measures in order to implement Articles 5 and 6 of the Convention concerning admission to the territory with a seafarer’s identity document. The Committee notes the Government’s statement that the new seamen’s book issued by Turkey can be used as a passport, after provincial endorsement, for readmission, entry, temporary shore leave and other issues, in compliance with Articles 5 and 6 of the Convention. It also notes that TÜRK-İŞ had indicated in its observations that there is currently no legal provision guaranteeing permission for a seafarer holding a valid identity document to enter a territory for the purposes of joining his or her ship or transferring to another ship or passing in transit to join his or her ship in another country. The Committee requests the Government to indicate the provisions of its legislation implementing the requirements of these Articles of the Convention.

The Committee recalls that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It draws the Government’s attention to its general observation addressing the recent amendments to the annexes of Convention No. 185.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Article 5 of the Convention. Sleeping rooms. The Committee previously requested the Government to take measures to ensure that: (i) an individual sleeping room be provided for each adult member of the crew where this is reasonable and practicable; (ii) the number of ratings in each cabin do not exceed four persons; and (iii) officers be provided with extra floor area in sleeping rooms in the event they are not provided with private sitting room or day room. The Committee notes that the Government refers to the draft amendments to the Technical Regulations on Ships No. 27409 of 17 November 2009, which should take into account the comments of the Committee. The Committee requests the Government to provide information on any progress made towards the adoption of the amendments, to provide a copy of the revised Technical Regulations on Ships No. 27409 and to indicate the specific provisions of these Regulations which give effect to each of the requirements of the Convention.

Article 6(1) and (3). Mess rooms. The Committee previously requested the Government to take measures to ensure that, in ships of 1,000 gross tonnage (GT) and over, the floor area of mess rooms for officers and ratings is not less than one square metre per person of the planned seating capacity and that a conveniently situated refrigerator, as well as facilities for hot beverages and cold water, are available to seafarers. The Committee notes the Government’s reference to sections 55 and 56 of the Regulations on Accommodation, Food and Catering and Seafarers’ Health No. 20378, which addresses the requirements under Article 6(2) of the Convention but not those under Article 6(1) and (3) recalled above. The Committee notes that on this issue, the Government also refers to the draft amendments to the Technical Regulations on Ships No. 27409.

Article 7(2). Bookcase. The Committee previously requested the Government to take measures to ensure that recreation accommodation include, as a minimum, a bookcase. The Committee notes that on this issue, the Government also refers to the draft amendments to the Technical Regulations on Ships No. 27409.

Article 8. Sanitary facilities. The Committee previously requested the Government to take measures to ensure that: (i) in all ships, a minimum of one water closet and one shower bath will be provided for every six persons or less; (ii) in ships of 15,000 GT or over, individual sleeping rooms for officers must have attached to them a separate private bathroom; (iii) in ships of 25,000 GT or over, other than passenger ships, a bathroom must be provided for every two ratings; (iv) women employed on board are provided with separate sanitary facilities; (v) every laundry room is equipped with drying machines, irons and ironing boards; and (vi) in ships of 5,000 GT or over, other than passenger ships, each sleeping room is provided with a washbasin having hot and cold running fresh water. The Committee notes that on this issue, the Government also refers to the draft amendments to the Technical Regulations on Ships No. 27409.

Article 9. Water closet and wash basin. The Committee previously requested the Government to take the necessary measures to ensure the availability of a water closet and a washbasin for those on duty in the navigating bridge deck and in the machinery space on ships of 1,600 GT or over. The Committee notes that on this issue, the Government also refers to the draft amendments to the Technical Regulations on Ships No. 27409.

Article 10. Headroom. The Committee previously requested the Government to take measures to ensure that the headroom in the crew accommodation is not less than 1.98 metres. The Committee notes the Government’s indication that section 99(8) of the Technical Regulations on Ships No. 27409 of 17 November 2009 provides that, any place which requires free movement of the crew will be no less than 1.98 metres as provided for in the Convention. The Committee takes note of this information.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Articles 2 and 3 of the Convention. Statistics and research. The Committee previously requested the Government to provide more detailed statistical information on the numbers, nature, causes and effects of maritime occupational accidents as well as any specific studies analysing the particular hazards of maritime employment. The Committee notes the Government’s indication that no information could be obtained on this matter. The Committee recalls that it is an obligation, under Article 2 of the Convention, to keep and analyse comprehensive statistics of occupational accidents and, under Article 3, to undertake research into general trends and into such hazards as are brought out by statistics. The Committee therefore requests, once again, the Government to take the necessary measures in order to collect more statistical information and collate and analyse data as required by these Articles of the Convention.

Article 4. Prevention of accidents peculiar to maritime employment. The Committee previously requested the Government to indicate any relevant provisions related to the prevention of occupation accidents covering the matters peculiar to maritime employment enumerated in Article 4(3) of the Convention. The Committee notes the Government’s reference to the adoption of the new Occupational Health and Safety Act No. 6331 of 20 June 2012. The Committee notes in this regard that the Seafarers’ Union of Turkey indicates that this Act excludes from its scope vessels engaged in international maritime transport. The Committee requests the Government to confirm whether maritime transport is covered by this law. Furthermore, while noting that this legislation is of general nature, the Committee recalls that Article 4(2) and (3) of the Convention require Members to specify measures for the prevention of accidents which are peculiar to maritime employment. The Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Article 6. System of inspection. The Committee previously requested the Government to specify the measures taken by the inspection and enforcement authorities concerning the prevention of accidents on board ships. The Committee notes the Government’s indication that an Accident Investigation and Review Board was established in 2011 and that Regulations No. 29056 concerning the investigation of maritime events and accidents were published on 10 July 2014. The Committee also notes the observations made by the Seafarers’ Union of Turkey stating that the board investigating maritime accidents does not have to be based on tripartite representation. While noting the above information, the Committee recalls that the Convention requires a system of inspections aimed at preventing accidents more broadly and not only at investigating accidents. The Committee therefore requests the Government to specify the measures taken to ensure the full implementation of the provisions of the Convention concerning the prevention of accidents on board ships.

Article 8. Accident prevention programmes. The Committee previously requested the Government to indicate any programmes for the prevention of occupational accidents that might have been established and implemented with the cooperation of shipowners’ and seafarers’ organizations. The Committee notes the Government’s statement that it is working towards changing practices and the mindset of all involved in order to build a culture of security, in collaboration with the social partners. The Committee also notes the Government’s reference to 1,343 programmes of continuous education for occupational safety and health in a variety of fields. The Committee notes, however, that these courses are not specifically related to maritime labour. It recalls that Article 8 of the Convention requires that programmes for the prevention of accidents be established and implemented in cooperation with shipowners’ and seafarers’ organizations. The Committee therefore requests, once again, the Government to indicate the measures taken to give effect to this provision of the Convention.

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

Article 4(1) of the Convention. Proportionate leave. The Committee previously requested the Government to indicate the manner in which it is ensured that seafarers whose length of service is less than the period required to have full or partial entitlement to the whole period of leave provided for in section 40 of the Code on Maritime Labour are entitled to annual leave proportionate to the length of service accomplished. In this regard, the Committee had also noted the observations from the Confederation of Turkish Trade Unions (TÜRK-İŞ) received on 11 December 2010 indicating that this tended to deprive seafarers of their leave when they undertook voyages lasting less than six months. The Committee notes that the Government does not provide a reply to these observations and reiterates that section 40 of the Code on Maritime Labour stipulates that the period of leave may not be less than 15 days for any seafarer who has worked between six months and one year and may not be less than one month for any seafarer who has worked for at least one year. The Committee requests the Government to take measures without delay in order to ensure full compliance with this provision of the Convention.

Article 7(3). Holiday remuneration. In its previous comments, noting that the national legislation was not in conformity with the Convention, the Committee requested the Government to indicate how it is ensured that any seafarer who leaves the service of his employer after any period of time is entitled to the remuneration relating to the annual leave due to him in proportion to his length of service. In this regard, the Committee had noted the observations from TÜRK-İŞ to the effect that the Code on Maritime Labour did not provide for remuneration in proportion to the length of service for seafarers recruited for less than six months. The Committee notes that the Government has not provided new information on this issue. The Committee therefore requests the Government to adopt measures without delay in order to ensure full compliance with Article 7(3) of the Convention.

Article 9. Replacement of annual leave with cash payment. The Committee previously requested the Government to supply specific information on the manner in which it is ensured that the replacement of annual leave with a cash payment is only permitted in exceptional cases. The Committee notes the Government’s reference to article 40 of the Code on Maritime Labour according to which in the case that the labour contract of the seaman is terminated before he has had a chance to take paid leave, the employer or the representative of the employer has the obligation to make the payment related to the period of vacation. The Committee further notes that this is the only case of replacement of annual leave with cash payment provided for in the Code of Maritime Labour. The Committee takes note of this information.

Article 10. Location and timing of leave. The Committee previously requested the Government to indicate the measures taken to ensure that if seafarers are required to take annual leave in a place other than that permitted by paragraph 2 of this Article (i.e. the place where they were engaged or recruited or that which is provided in a collective agreement or national laws or regulations), they will be entitled to free transportation to the place where they were engaged or recruited, whichever is nearer their home, and subsistence and other costs directly involved in their return there shall be for the account of the employer and that the travel time involved shall not be deducted from the annual leave with pay due to seafarers. The Committee noted the Government’s indication that section 40 of the Code on Maritime Labour provides that a seafarer cannot be forced to take leave in a foreign port or in any place other than the place of recruitment and that, if it is necessary for the seafarer to travel from a foreign port to the employee’s place of recruitment to take leave, the employee may request seven days of unpaid leave to do so. The Committee recalled, however, that the Convention requires the seafarer’s transport and subsistence costs during such travel, and also costs directly related to such travel, to be paid by the employer. The Committee notes that the Government provides no new information on this issue. The Committee must therefore request the Government once again to indicate the measures taken or contemplated to give full effect to this provision of the Convention. Furthermore, the Committee noted the observations from TÜRK-İŞ to the effect that under section 40 of the Code the timing of leave is entirely at the discretion of the employer. While noting that the Government has not provided a reply to these observations, the Committee requests the Government to indicate the measures taken to ensure, as far as possible, that the timing of the leave is determined in agreement with the seafarer concerned.

Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164)

Article 1(2) of the Convention. Application to fishers. The Committee previously requested the Government to transmit any comments in reply to the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ) alleging that medical care in the fishing sector remains inadequate especially in the absence of strong trade unions. While noting the Government’s indication that the Occupational Health and Safety Act No. 6331 of 20 June 2012 applies to fishing vessels and that Regulation No. 28741 on precautionary measures for health and safety during work performed on board fishing vessels was published on 20 August 2013, the Committee requests the Government to provide information on any measures adopted to ensure that, to the extent it deems practicable, the Convention is fully applied in practice to commercial maritime fishing.

Article 5(6). Measures for the transport of dangerous cargo. The Committee previously requested the Government, following an observation from TÜRK-İŞ on the matter, to clarify how it is ensured that the necessary information regarding a cargo classified as dangerous is made available to the seafarers. The Committee notes that the Government refers to various provisions regarding training, prevention and safety while working with dangerous substances. However, these provisions do not address this specific requirement of the Convention that seafarers must be informed of the presence of dangerous goods carried on board where a cargo is classified dangerous but has not yet been included in the most recent edition of the Medical First Aid Guide for Use in Accidents involving Dangerous Goods published by the International Maritime Organization. The Committee requests the Government to adopt the necessary measures to implement this requirement of the Convention.

Article 6. Medical guide. The Committee previously requested the Government to submit a copy of the ship’s medical guide adopted by the Ministry of Health. The Committee takes note of the copy transmitted by the Government.

Article 8(2). Requirement to carry a medical doctor on board. The Committee previously requested the Government to specify the class or classes of ships, out of the three classes provided for in the Regulations on Minimum Health and Security Requirements for Giving Better Medical Care in Navigating Ships No. 24794 of 23 June 2002, that are required to carry a medical doctor as a member of the crew. The Committee notes the Government’s reference to section 5(d) of the above mentioned Regulations which provide that ships should carry a qualified medical doctor when carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration. The Committee notes that this is in conformity with Article 8(2) of the Convention.

Article 11. Hospital accommodation. The Committee previously requested the Government to indicate the legal provisions giving effect to the detailed requirements of this Article. The Committee notes the Government’s reference to section 5(b) of the Regulations on Minimum Health and Security Requirements for Giving Better Medical Care in Navigating Ships No. 24794 of 23 June 2002 and section 67 of the Regulations on Accommodation, Food and Catering and Seafarers’ Health No. 20378 of 20 December 1989 which fulfil the requirements of paragraphs 1, 4, 5, 6, 7 and 9 of Article 11 of the Convention. The Committee recalls however that Article 11(8), requires that water closet accommodation is provided for the exclusive use of the occupants of the hospital accommodation, either as part of the accommodation or in close proximity thereto. The Committee requests the Government to indicate the legal provisions giving effect to Article 11(8), of the Convention.

Article 12. Standard medical report form. The Committee previously requested the Government to provide a copy of the standard medical report form. The Committee takes note of the copy submitted by the Government.

Repatriation of Seafarers Convention (Revised), 1987 (No. 166)

Articles 2 to 12 of the Convention. Seafarers’ entitlement to repatriation. The Committee previously requested the Government to take without delay all appropriate measures with a view to rectifying the numerous implementation gaps of the Convention, in relation to: the seafarer’s entitlement to repatriation in the event of a ship bound for a war zone to which the seafarer does not consent to go (Article 2(1)(f)) or for any other similar reason (Article 2(1)(g)); the determination of the maximum duration of service periods following which a seafarer is entitled to repatriation (Article 2(2)); the seafarer’s right to choose among the prescribed destinations the place to which he or she is to be repatriated (Article 3(2)); the obligation of the shipowner to arrange for repatriation (Article 4) and to include among the repatriation cost to be borne by the shipowner the passage to the destination selected (Article 4(4)(a)) and the medical treatment when necessary until the seafarer is medically fit to travel (Article 4(4)(e)); the prohibition to require seafarers to make an advance payment towards the cost of repatriation at the beginning of their employment, or to recover the cost of repatriation from their wages (Article 4(5)); the obligation of the flag State to arrange for and meet the repatriation cost if a shipowner fails to do so (Article 5); the prohibition to deduct any time spent awaiting repatriation and repatriation travel time from the seafarer’s paid leave (Article 7); and the availability of the text of the Convention in an appropriate language on board every ship (Article 12). The Committee notes the comments from TÜRK-IŞ to the effect that the Code on Maritime Labour No. 854 does not fulfil the requirements of the Convention. It states that repatriation has been, for a long time now, one of the principal grievances of seafarers and that sections 21, 22, 23 and 24 of the Code on Maritime Labour on repatriation need to be urgently revised to be in conformity with the Convention. TÜRK-IŞ also states that the Code on Maritime Labour contains explicit violations to the Convention such as the fact that the employer can claim repatriation costs from a seafarer who terminated his employment contract while abroad because: (a) his wages have not been paid in accordance with the statutory regulations or his employment contract; or (b) the employer or his representative has behaved towards the seafarer in a manner which is unlawful or which contravenes the employment contract or other working conditions. Concerning Article 4(4)(e), the Committee notes the Government’s indication that, according to sections 4(4) and 15(4) of the Occupational Health and Safety Act No. 6331 of 20 June 2012, the employer covers all expenses arising from health surveillance and cannot impose the cost of occupational health and safety measures on workers. However, the Committee notes that these provisions do not specifically fulfil the requirements of Article 4(4)(e) of the Convention, which requires the shipowner to bear the cost of medical treatment when necessary until the seafarer is medically fit to travel to the repatriation destination. Noting that the Government indicated that regulations were being prepared to give effect to the Convention, taking into account the comments of the Committee, the Committee notes with regret that the Government has not reported any progress in this regard. The Committee requests, once again, the Government to take without delay all appropriate measures with a view to rectifying the numerous implementation gaps concerning the Convention mentioned above.

[The Government is asked to reply in full to the present comments in 2018.]

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

Article 1 of the Convention. Scope of application. The Committee recalls its previous comment, in which it noted that section 1 of the Maritime Labour Code of 1967 limits its application to vessels of 100 gross tons and above. In this regard, the Committee once more draws the Government’s attention to the fact that the Convention permits exceptions only in respect of vessels of less than 25 gross tons. The Committee accordingly requests the Government to take the necessary steps to ensure that the implementing legislation covers all seafarers employed on board any Turkish-flagged vessel – irrespective of tonnage – engaged in maritime navigation, as prescribed by this Article of the Convention.

Article 3(b). Provision of board and lodging. While noting the Government’s reference to section 21 of the Social Insurance and Universal Health Insurance Act No. 5510 of 31 May 2006, the Committee requests the Government to specify how it is ensured, under this Act, that the medical care and maintenance of the sick or injured seafarer comprises not only medical treatment and supply of proper and sufficient medicines but also board and lodging, as required by this Article of the Convention.

Article 5(1)(a). Payment of full wages. While noting the Government’s reference to sections 18 and 82 of Act No. 5510 concerning the calculation of the daily temporary incapacity allowance, the Committee wishes once more to draw the Government’s attention to Article 5(1)(a) of the Convention, which provides that, in cases of sickness or injury resulting in incapacity for work, the shipowner will pay full wages as long as the sick or injured person remains on board. The Committee therefore requests the Government to specify how effect is given to this requirement of the Convention. The Committee recalls, in this respect, that the same requirement has now been incorporated in Standard A4.2(3)(a) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 6(2). Repatriation destination. Further to its previous comments, the Committee is obliged to observe once again that sections 21–23 of the Maritime Labour Code, read together, do not seem to permit seafarers of Turkish nationality to choose the repatriation destination among the ports specified in the Convention. The Committee accordingly asks the Government to explain how conformity is ensured with this requirement of the Convention.

Article 8. Property left on board. While noting the Government’s reference to section 332 of the Code on Obligations, No. 818 (Official Gazette No. 359 of 29 April 1926), the Committee again recalls that Article 8 of the Convention requires that all property left on board by sick, injured or deceased seafarers be safeguarded by the shipowner. The Committee therefore requests the Government to indicate how effect is given to this requirement of the Convention. The Committee recalls, in this respect, that the same requirement has now been incorporated in Standard A4.2(7) of the MLC, 2006, which further requires the shipowners or their representatives to take measures in order to return any property left on board to the sick, injured or deceased seafarers’ next of kin.

Article 11. Equality of treatment. The Committee recalls its previous comment in which it noted that section 4 of the Maritime Labour Code limits its scope of application to foreign seafarers whose countries grant on the basis of reciprocity rights of the same nature to Turkish seafarers. As the Convention does not make its application to non-nationals conditional upon reciprocity but expressly requires equality of treatment to all seafarers irrespective of nationality, domicile or race, the Committee once again requests the Government to take appropriate action to ensure that all laws or regulations relating to seafarers’ sickness and injury benefits apply to all seafarers without distinction.

Part V of the report form. Practical application. The Committee notes that statistical information provided by the Government concerning the number of compulsorily insured persons working in the branch of water transportation for April 2009. The Committee would be grateful if the Government would continue to provide up-to-date information on the manner in which the Convention is applied in practice, including such statistics as may be available relating to: (i) the total number of seafarers covered by the relevant legislation; (ii) the number of seafarers who have been assisted by virtue of that legislation, distinguishing, if possible, between persons left ashore in the territory in which the ship is registered and those left ashore elsewhere; and (iii) the total expenditure incurred by shipowners or the social security institution in respect of sickness, injury or death of seafarers.

Finally, the Committee takes this opportunity to recall that Convention No. 55, together with 36 other international maritime labour Conventions, is revised by the MLC, 2006. The main provisions of this Convention are now reflected in Regulation 4.2 and the corresponding Code of the MLC, 2006. The Committee considers, therefore, that compliance with Convention No. 55 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 with respect to the process of ratification and effective implementation of the MLC, 2006.

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

Article 4 of the Convention. Permanent and qualified staff. While noting the Government’s reference to sections 9 to 17 of the Regulations on Ships’ Inspection, the Committee requests the Government to transmit a copy of this document and to submit information on the status and qualifications of the inspectors or other persons responsible for ensuring compliance with the requirements of the Convention.

Article 6. System of inspection. The Committee notes that in response to its previous comment concerning the organization and functioning of a system of inspection of all aspects of food supply and catering services on board merchant ships, the Government refers to the Protection of Life and Property at Sea Act (Official Gazette No. 4922 of 10 June 1946). The Committee observes, however, that this Act provides for annual inspections of the hull, engine, life saving and fire protection equipment on board for the purpose of granting certificates of seaworthiness and therefore has little relevance to the subject matter of this Convention. The Committee accordingly requests the Government to indicate whether there are any laws or regulations specifically providing for a system of inspection of food and water supplies on board ships, of all spaces and equipment used for the storage and handling of food and water as well as of the qualifications of the crew members of the catering department. The Committee recalls, in this respect, that the requirement for an effective system of inspection of maritime labour conditions, including food and catering, has been incorporated and elaborately detailed in Regulations 5.1.1(2) and 5.1.4, as well as the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 7. Inspections at sea. The Committee again asks the Government to indicate: (i) whether the inspection by the catering board provided under section 27 of the Food and Accommodation Regulations (Official Gazette No. 20378 of 20 December 1989) also encompasses the inspection of the spaces and equipment used for the storage and handling of food and water, as well as the galley and other equipment for the preparation and service of meals; (ii) whether the internal regulations provided for under section 15 of the Food and Accommodation Regulations systematically indicate the intervals at which inspections at sea should be carried out by the catering board; and (iii) measures taken or envisaged ensuring that results of inspections at sea are recorded. Furthermore, the Committee draws the Government’s attention to Standard A3.2(7) of the MLC, 2006, requiring that frequent documented inspections be carried out on board by or under the authority of the master.

Article 8. Special inspection following complaints. Referring to section 27 of the Food and Accommodation Regulations, the Committee asks the Government to provide more detailed information on the implementation of the procedure established for dealing with complaints falling within the scope of the Convention.

Article 10. Annual report. The Committee again asks the Government to provide information on how it ensures that the annual report of the Labour Inspection Board covers food and catering of ships’ crews and is made available to all bodies and persons concerned.

Article 11. Training and refresher courses. The Committee notes the Government’s indication that no specific courses are offered for staff members working in the catering department of ships, and that only general professional courses are organized for hotel and catering services. The Committee asks the Government to provide further details on the training courses organized for staff members employed in the catering department of seagoing ships and to indicate whether refresher courses are organized and give details of such courses. Furthermore, the Committee draws the Government’s attention to Standard A3.2(3) and (4) of the MLC, 2006, requiring that a training course approved or recognized by the competent authority cover practical cookery, food and personal hygiene, food storage, stock control, and environmental protection and catering health and safety.

Article 12. Collection and publication of information. The Committee again asks the Government to describe any measures taken or envisaged with a view to collecting and disseminating information on nutrition, methods of storing, preserving, cooking and serving food, with special reference to catering requirements on board ship.

Part V of the report form. Practical application. The Committee would be grateful if the Government would supply up-to-date information on the practical application of the Convention, including for instance, extracts from reports of the inspection services showing infringements observed and penalties imposed; available statistics on the number and nature of food and catering-related complaints which may have been made by members of ships’ crews; copies of any relevant collective agreements; information on any training courses for members of the catering department of seagoing vessels; copies of any notices issued by the competent authority to ships’ masters, agents or cooks on food and catering issues, including recommendations to avoid wastage of food or to maintain a proper standard of cleanliness; information on any research or educational work carried out by the competent authority concerning methods of ensuring proper food supply and catering service, as well as any activity undertaken in cooperation with shipowners’ and seafarers’ organizations and local authorities concerned with questions of food and health, etc.

Finally, the Committee recalls that Convention No. 68, together with 36 other international maritime labour Conventions, is revised by the MLC, 2006. The Committee hopes that, when considering appropriate amendments to the Food and Accommodation Regulations in order to bring the national legislation into line with Convention No. 68, the Government will also take due account of the corresponding requirements of the MLC, 2006, in particular Regulation 3.2 and the corresponding Code. The Committee requests the Government to keep the Office informed of any decision taken with respect to the ratification and effective implementation of the MLC, 2006.

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

Article 4(2)(b) of the Convention. Minimum period of service at sea. The Committee notes that, under the terms of section 10(e)(2) of the Regulations on Seafarers of 31 July 2002, a certificate of qualification as ship’s cook is issued when the candidate has served as cook for six months. However, this provision does not state whether such service must be performed at sea. The Committee therefore requests the Government to clarify whether the minimum period of service of six months must be performed at sea, in accordance with this Article of the Convention.

Article 4(2)(c), (3) and (4). Examinations and certificates of qualification. With reference to its previous comment, the Committee notes that the Government’s reply contains general information concerning the inspection of ships with regard to lifesaving, fire protection and on-board equipment. However, the Committee draws the Government’s attention to the fact that its previous request was concerned with matters relating to the specific nature of the examinations (including the practical tests) which have to be taken in order to obtain a certificate as ship’s cook. The Committee wishes to know in particular whether, upon completion of the training provided by vocational colleges, specific examinations are held in order to obtain a certificate as ship’s cook and especially: (i) the authority or authorities which organize and issue this certificate; and (ii) the nature of the examinations (including the practical tests) which have to be taken. The Committee requests the Government to supply specific details on the application of the Article of the Convention in its next report.

Article 6. Recognition of certificates. The Committee notes that the Government’s report says nothing on this matter. It therefore again requests the Government to clarify whether section 54 of the Regulations on Seafarers, which provides that, in order to be recognized, certificates issued by foreign authorities to Turkish nationals and foreigners must be compatible with rule 1/10 and section A-1/10 of the Code of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended, also applies to ships’ cooks and, if not, whether any similar provisions exist for the recognition of certificates for ships’ cooks issued in other territories.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including, for example, information on the manner in which the Under-Secretariat of Maritime Affairs supervises the application of the legal provisions concerning the certificate of qualification that must be obtained by ships’ cooks, including inspection reports and information on the number of infringements recorded, the remedial action taken, extracts from inspection reports and statistics, if available, relating to the number of certificates issued.

Finally, the Committee wishes to draw the Government’s attention to the fact that the minimum standards concerning training and qualifications for ships’ cooks have been incorporated into Regulation 3.2(3), Standard A3.2(3), (4), (6) and (8), and Guideline B3.2.2 of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 69 as well as 36 other international maritime labour conventions. The Committee therefore encourages the Government to implement Convention No. 69 in such a way as to ensure the application of the corresponding provisions of the MLC, 2006, once the latter has been ratified and enters into force. The Committee requests the Government to keep the Office informed of any progress made in this matter.

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

Article 3 of the Convention. Medical examinations of seafarers. The Committee notes the Seafarers’ Health Directive of 18 March 2005 which regulates the issuance of seafarers’ medical fitness certificates by coastal health inspectorate doctors every two years, in application of section 61 of the Seafarers’ Regulations of 2002. The Committee also notes that, under section 32 of the Seafarers’ Health Directive, medical fitness certificates obtained abroad may be approved if their content and format are found to be in compliance with the national legislation. Recalling the general observation of 1999, the Committee requests the Government to provide additional information in its next report concerning the manner in which the competent authority ensures effective supervision of both the quality and the reality of the medical examination for non-resident foreign seafarers, in particular when the examination is carried out in the seafarer’s country of residence or domicile.

Article 5(3). Medical certificate expired in the course of a voyage. The Committee notes the Government’s indication that, in case the medical certificate expires in the course of a voyage, the seafarer is entitled to request its renewal within a period not exceeding six months. The Committee requests the Government to specify the legal text providing for such possibility. Moreover, the Committee draws the Government’s attention to Standard A1.2(9) of the Maritime Labour Convention, 2006 (MLC, 2006), which provides that if the period of validity of a certificate expires in the course of a voyage, the certificate continues in force until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner, provided that the period does not exceed three months.

Article 6(1). Exemption possibility in urgent cases. The Committee requests the Government to clarify whether the national legislation permits, in exceptional circumstances and only for a single voyage, the employment of a seafarer without a medical certificate as provided for in this Article of the Convention. The Committee recalls, in this connection, that Standard A1.2(8) of the MLC, 2006, also provides for a similar exemption in urgent cases and until the next port of call, provided that the period of such exemption does not exceed three months and the seafarer concerned is in possession of an expired medical certificate of recent date.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide information concerning the practical application of the Convention, including, for instance, the number of medical certificates issued during the reporting period, and extracts from reports of the inspection services showing the number and nature of any infringements.

Moreover, the Committee recalls that the MLC, 2006, which revises Convention No. 73 together with 36 other international maritime labour Conventions, contains, in Regulation 1.2, Standard A1.2 and Guideline B1.2, up-to-date and detailed requirements on seafarers’ medical certificates. The MLC, 2006, introduces only a few new provisions with respect to medical examinations, such as, for instance, the recognition of medical certificates issued in accordance with the requirements of the STCW Convention, and the requirement for medical certificates for seafarers working on ships engaged on international voyages to be drafted in English. The Committee accordingly requests the Government to keep the Office informed of any progress made in the process of ratification and effective implementation of the MLC, 2006.

Finally, the Committee draws the Government’s attention to the new Guidelines on the medical examinations of seafarers adopted by the Joint ILO–IMO Meeting on Medical Fitness Examination of Seafarers and Ships’ Medicine Chests, which took place in Geneva in September 2011. These Guidelines apply to seafarers in accordance with the requirements of the Maritime Labour Convention, 2006, (MLC, 2006), and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention). They are intended to provide maritime administrations with an internationally recognized set of criteria for use by competent authorities, and contain in appendices, among others, a suggested format for recording medical examinations of seafarers and a model medical certificate for service at sea.

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

Article 6(8) of the Convention. Fire prevention. While noting the information provided by the Government with regard to fire-prevention measures taken in ports, the Committee requests the Government to indicate any decisions taken by the competent authorities regarding the extent to which ship constructors are required to take fire-prevention or fire-retarding measures in the construction of crew accommodation, as prescribed by this Article of the Convention.

Article 10. Sleeping rooms. The Committee notes the Government’s indication that due to the navigational watch system employed on passenger ships, there is no need to separate daymen and watchkeepers. Recalling that the Convention applies to all ships of 500 GT or more, and not only to passenger ships, the Committee requests the Government to indicate any berthing arrangements reflecting Article 10(28). Furthermore, while noting that the Government’s report does not contain any information with regard to measures taken or envisaged in order to bring the national legislation into line with Article 10(8) and (9)(a), the Committee once more requests the Government to indicate any such actions taken or envisaged. Finally, with regard to Article 10(9)(d) and (10), the Committee refers the Government to its comments under the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133).

Article 11. Mess rooms. The Committee once more requests the Government to indicate: (i) whether in practice, separate mess-room accommodation is provided in ships of 1,000 GT and over for deck department petty officers and other ratings as well as for engine department petty officers and other ratings (paragraph 3); (ii) whether adequate provisions for mess room accommodation for the catering department exists for ships of less than 5,000 GT (paragraph 4); and (iii) whether proper facilities for washing utensils are provided even where available pantries are not accessible to mess rooms and whether seats in the mess rooms are of a damp-resisting material capable of being easily cleaned (paragraphs 9 and 10). In this latter respect, the Committee recalls that the same requirements have been incorporated in Guideline B3.1.6(6) and (7) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 13. Sanitary accommodation. The Committee once more requests the Government to take measures to: (i) prescribe the allocation of water closets to various groups of the crew (paragraphs 3 and 4); and (ii) ensure that all sanitary facilities are provided with soil pipes and water pipes of adequate dimensions and so constructed as to minimize the risk of obstruction and to facilitate cleaning (paragraph 10). In addition, the Government is requested to indicate whether in ships where the radio officers or operators are accommodated in an isolated position, provision is made for sanitary facilities near or adjacent thereto (paragraph 2(d)).

Article 14. Hospital accommodation. The Committee requests the Government to indicate the legal provisions, if any, specifying that ships carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration must provide separate hospital accommodation which is suitably situated and easily accessible. The Committee recalls that the same requirement is now reflected in Standard A3.1(12) of the MLC, 2006.

Articles 15 and 16. Specific crew accommodation requirements. Further to its previous comment, the Committee asks the Government to specify how it is ensured in national law and practice that: (i) sufficiently and adequately ventilated accommodation is provided outside of the sleeping rooms for the hanging of seafarers’ oilskins; (ii) in ships of over 3,000 GT, one room for the deck department and one room for the engine department are provided and equipped for use as an office; (iii) measures are taken to protect the crews’ quarters in ships regularly trading to mosquito-infested ports by the fitting of suitable screens to side scuttles, ventilators and doors to the open deck; and (iv) in the case of ships in which are employed such groups of ratings as necessitate the employment of a substantially larger number of ratings than would otherwise be employed, special arrangements are made to take account of distinctive national habits and customs, in particular concerning the number of persons occupying sleeping rooms and concerning mess rooms and sanitary facilities.

Article 17(2). Weekly inspections. While noting the Government’s indication that maintenance inspections are carried out by medical and port control teams as well as by the crew, the Committee requests the Government to indicate the provisions in the national legislation giving effect to this Article. The Committee recalls that the requirement for frequent inspections of the crew accommodation has been incorporated in Standard A3.1(18) of the MLC, 2006.

Part VI of the report form. Comments of workers’ organizations. The Committee notes the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) regarding the application of the Convention. TÜRK-İŞ considers that monetary fines for failing to comply with crew accommodation requirements are not sufficiently deterrent and should be combined with stricter sanctions such as ship detention. It also draws attention to the current system of filing complaints which requires a statement to be made before a public notary, an official from the Ministry of Health to be called in and a report to be drawn up under the supervision of the notary. TÜRK-İŞ states that this is a complicated and time-consuming procedure while there is no established mechanism for investigating such complaints. In addition, TÜRK-İŞ regrets that, when drafting regulations, the Government gives precedence to academic experts from the Maritime Academy while trade union organizations are consulted only once every ten or 20 years. Noting the lack of a consultative body bringing the social partners together to debate issues such as the designing of crew accommodation, TÜRK-İŞ suggests that a technical committee, consisting of representatives of seafarers’ unions, shipowners, governmental agencies and the Maritime Academy, should be established and that the views of the social partners should be sought once a year, having regard to the rapid developments in the shipping sector. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TÜRK-İŞ.

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 MLC, 2006, and therefore ensuring compliance with Convention No. 92 will facilitate the implementation of the corresponding requirements of the MLC, 2006. While noting the Government’s statement that preparations are currently under way for the ratification of the MLC, 2006, the Committee requests the Government to keep the Office informed of any further developments in this respect.

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

Articles 2 and 4 of the Convention. Form and content of seafarer’s identity document. The Committee notes the Regulations on Seafarers (Official Gazette No. 24832 of 31 July 2002) which set out detailed requirements for granting competency certificates to officers and ratings but also provide in sections 74, 78 and 80 for the issuance of seamen’s books. The Committee also notes the specimen seaman’s book provided by the Government in its report. In this connection, the Committee requests the Government to indicate how it is ensured that seamen’s books contain, among other particulars, the seafarer’s physical characteristics, as required by Article 4(3)(d) of the Convention.

Articles 5 and 6. Readmission to a territory and permission to enter a territory. The Committee recalls that, under these Articles of the Convention, the seafarer’s identity document is the sole document needed for the seafarer to enter the country of another State party to the Convention and to return to the issuing State even after expiry. These principles of free admission to a territory (for purposes of shore leave) and right of return are not self-executing but require specific measures by the competent authority for their implementation. The Committee accordingly requests the Government to take the necessary measures in order to fully implement the requirements of Articles 5 and 6 both in law and in practice.

Part V of the report form. Practical application. The Committee notes the Government’s indication that it is in the process of replacing old seafarers’ identity documents by new ones that are technologically improved and offer advanced safety features. It also notes that 45,000 such documents have already been issued. The Committee would be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including for instance, statistical information on the number of seafarers’ identity documents issued by the Under-Secretariat for Maritime Affairs during the reporting period, extracts from reports of the services entrusted with the enforcement of the relevant laws and regulations, any difficulties encountered in the application of the Convention, etc.

Part VI of the report form. Comments of workers’ organizations. The Committee notes the comments made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) regarding the application of the Convention. TÜRK-İŞ suggests that seafarers’ identity documents currently issued in paper form should be converted to electronic card. It also considers that their validity should be extended to at least five years so as to avoid frequent and lengthy administrative procedure for their renewal. Moreover, TÜRK-İŞ indicates that, in practice, the national identity documents are not accepted in every port and, therefore, the Government should seek ways to render the seamen’s books valid internationally. Finally, TÜRK-İŞ states that there is currently no legal provision guaranteeing permission for a seafarer holding a valid identity document to enter a territory for the purposes of joining his or her ship or transferring to another ship or passing in transit to join his or her ship in another country. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TÜRK-İŞ.

Finally, the Committee recalls that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which was adopted by the ILO to enhance port and border security, while at the same time facilitating the seafarers’ right to shore leave, by developing a more secure and globally uniform seafarers’ identity document. In fact, Convention No. 185 complements actions taken within the framework of the IMO through the adoption of the International Ship and Port-facility Security Code (ISPS), sets out basic parameters regarding the content and form of the documents, and provides technical guidance in the annexes in order to ensure that Members may easily adapt their systems while taking national circumstances into account. The Committee therefore invites the Government to consider the possibility of ratifying Convention No. 185, in the very near future and to keep the Office informed of any decisions taken in this respect.

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

Article 5 of the Convention. Sleeping rooms. Further to its previous comment, the Committee notes the Government’s reference to section 102 of the Technical Regulations on Ships (Official Gazette No. 27409 of 17 November 2009) which gives full effect to the requirements of Article 5(1), (2), (3) and (10) of the Convention. However, the Committee notes that under section 52 of the Regulations on Accommodation, Food and Catering and Seafarers’ Health (Official Gazette No. 20378 of 20 December 1989), ratings are berthed in four-bunk or eight-bunk cabins. Recalling that an individual sleeping room is to be provided for each adult member of the crew where this is reasonable and practicable, and also that the number of ratings in each cabin may in no event exceed four persons, the Committee requests the Government to take measures to ensure compliance with Article 5(4) and (7) of the Convention.

In addition, the Committee notes that the national legislation does not seem to provide for extra floor area in sleeping rooms for officers in the event that they are not provided with private sitting room or day room. The Committee therefore requests the Government to take measures to ensure that, in sleeping rooms for officers, where no private sitting rooms or day room is provided, the floor area per person is not less than 6.50 square metres in ships of less than 3,000 gt and not less than 7.50 square metres in ships of 3,000 gt or over.

Article 6. Mess rooms. While noting that the Government’s report does not contain any information with regard to mess rooms, the Committee requests the Government to take measures to ensure that in ships of 1,000 gt or over: (i) the floor area of mess rooms for officers and ratings is not less than 1 square metre per person of the planned seating capacity; and (ii) a conveniently situated refrigerator as well as facilities for hot beverages and cold water are available to seafarers. The Committee recalls that similar requirements are incorporated in Guideline B3.1.6(3) and (5) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 7(2). Bookcase. Recalling that recreation accommodation must as a minimum include a bookcase, the Committee requests the Government to take measures to ensure conformity with this requirement of the Convention. The Committee recalls that the same requirement is now reflected in Guideline B3.1.11(2) of the MLC, 2006.

Article 8. Sanitary facilities. Further to its previous comment, the Committee notes the Government’s reference to section 104 of the Technical Regulations on Ships of 2009 but observes that this provision does not fully meet the detailed requirements of Article 8 of the Convention. The Committee therefore requests the Government to take appropriate measures to ensure that: (i) in all ships, a minimum of one water closet and one shower bath will be provided for every six persons or less – a requirement which is now also reflected in Standard A3.1(11)(c) of the MLC, 2006; (ii) in ships of 15,000 gt or over, individual sleeping rooms for officers must have attached to them a separate private bathroom; (iii) in ships of 25,000 gt or over, other than passenger ships, a bathroom must be provided for every two ratings; (iv) women employed on board are provided with separate sanitary facilities – a requirement which is now also reflected in Standard A3.1(11)(a) of the MLC, 2006; (v) every laundry room is equipped with drying machines, irons and ironing boards – a requirement which is now also reflected in Guideline B3.1.7(4) of the MLC, 2006; and (vi) in ships of 5,000 gt or over, other than passenger ships, each sleeping room is provided with a washbasin having hot and cold running fresh water.

Article 9. Water closet and wash basin. In the absence of information with regard to the availability of a water closet and a washbasin for those on duty in the navigating bridge deck and in the machinery space on ships of 1,600 gt or over, the Committee requests the Government to take the necessary measures in order to implement this requirement of the Convention. The Committee recalls that a similar requirement – irrespective of the ship’s tonnage – is incorporated in Standard A3.1(11)(b) of the MLC, 2006.

Article 10. Headroom. While noting that the Government’s report does not contain any information with regard to measures taken to ensure that the headroom in the crew accommodation is not less than 1.98 metres, the Committee requests the Government to take appropriate action in order to bring the national legislation into line with the Convention. The Committee recalls, in this respect, that under Standard A3.1(6) of the MLC, 2006, the minimum headroom has been increased to 203 centimetres.

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 MLC, 2006, and therefore ensuring compliance with Convention No. 133 will facilitate the implementation of the corresponding requirements of the MLC, 2006. The Committee requests the Government to keep the Office informed of any progress made with respect to the ratification and effective implementation of the MLC, 2006.

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

Articles 2 and 3 of the Convention. Statistics and research. Further to its previous comment, the Committee notes the statistical information provided by the Government according to which in 2008 there had been recorded 194 occupational accidents in the shipping sector, including seven fatal accidents and eight accidents resulting in permanent total disability. The Committee also notes the Government’s reference to a Master’s programme on maritime safety and security offered at the Dokuz Eylül University and several research projects carried out on these issues. The Committee requests the Government to provide more detailed statistical information – including copies of relevant publications – on the numbers, nature, causes and effects of maritime occupational accidents as well as any specific studies analysing the particular hazards of maritime employment, as required by these Articles of the Convention. The Committee wishes to recall, in this respect, that the same requirements have been incorporated in Standard A4.3(5) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 4. Specific areas for accident prevention. Further to its previous comment, the Committee notes the Government’s reference to several provisions related to occupational safety and accident prevention drawn from various laws and regulations, such as the Regulation on machinery safety (Official Gazette No. 27158 of 3 March 2009), the Regulation on measures for fire prevention, fire fighting and rescuing (Official Gazette No. 15350 of September 1975) and the Regulation on personal protective rigging (Official Gazette No. 26361 of 29 November 2006). The Committee observes, however, that most of these provisions are general in nature and do not address the type of accidents which are peculiar to maritime employment. Recalling that the Convention requires provisions concerning the prevention of occupational accidents to be laid down in laws or regulations, codes of practice or other appropriate means and to specify measures for the prevention of accidents in the specific maritime context, the Committee requests the Government to indicate any relevant provisions covering the matters enumerated in Article 4(3) of the Convention and to transmit copies of relevant legal documents not previously communicated to the Office. The Committee recalls, in this respect, that the occupational safety and health aspects of the seafarer’s work environment that need to be addressed in national laws and regulations and other measures have been further elaborated in Guideline B4.3.1(2) of the MLC, 2006.

Article 6. System of inspection. In the absence of the Government’s response on this point, the Committee again asks the Government to specify the measures taken by the inspection and enforcement authorities, including the Under-Secretariat of Maritime Affairs, to ensure compliance with the provisions, legislative or others, concerning the prevention of accidents on board ships.

Article 8. Accident prevention programmes. The Committee again asks the Government to indicate any programmes for the prevention of occupational accidents that may have been established and implemented with the cooperation of shipowners’ and seafarers’ organizations, as prescribed by this Article of the Convention. The Committee recalls, in this respect, that similar requirements for on-board programmes for the prevention of occupational accidents and the regular preview of such measures in consultation with shipowners’ and seafarers’ organizations, have been incorporated in Standard A4.3(1)(c) and (3) of the MLC, 2006.

Part V of the report form. Practical application. The Committee requests the Government to provide together with its next report up-to-date information on the practical application of the Convention, including, for instance, the number of ships and seafarers covered by the relevant legislation, statistics on occupational accidents, copies of official reports such as reports of the Commission for Examination of Sea Accidents (DEKIK), research studies, brochures and other relevant material. In addition, the Committee would appreciate receiving a copy of the Regulation on Personal Protective Rigging (Official Gazette No. 26361 of 29 November 2006) and the Regulation on Machinery Safety (Official Gazette No. 27158 of 3 March 2009).

Finally, the Committee recalls that the Convention, together with 36 other international labour Conventions, is revised by the MLC, 2006. Its main provisions now being reflected in Regulation 4.3 and the corresponding Code of the MLC, 2006, the Committee considers that compliance with Convention No. 134 will facilitate the implementation of the respective provisions of the MLC, 2006. The Committee would be grateful if the Government would keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006.

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

Article 4(1). Proportionate leave. With reference to its previous comment, the Committee notes the Government’s reply to the effect that section 40 of the Code on Maritime Labour stipulates that the period of leave may not be less than 15 days for any seafarer who has worked between six months and one year and may not be less than one month for any seafarer who has worked for at least one year. In other words, the Committee notes that, in order to be entitled to one month of annual leave with pay, a seafarer must accomplish at least one year of service, which is contrary to the provisions of the Convention inasmuch as there is no provision in the national legislation which provides for annual leave proportionate to the length of service, as required by the Convention. The Government’s reply also shows that there is no entitlement to annual leave where length of service is less than six months. In this regard, the Committee notes the comments from the Confederation of Turkish Trade Unions (TÜRK-IŞ), which alleges that this tends to deprive seafarers of their leave when they undertake voyages lasting less than six months. The Committee requests the Government to indicate the manner in which it is ensured that seafarers whose length of service is less than the period required to have full or partial entitlement to the whole period of leave provided for in section 40 of the Code on Sea Labour are entitled to annual leave proportionate to the length of service accomplished. The Committee also recalls that Standard A2.4(2) of the Maritime Labour Convention, 2006 (MLC, 2006) provides that annual leave with pay for seafarers shall be calculated on the basis of at least 2.5 calendar days per month of employment and that, consequently, the issue of proportionate annual leave for any seafarer who has accomplished, during a specific year, a period of service less than the period required for entitlement to leave no longer arises.

Article 7(3). Holiday remuneration. In its previous comment the Committee noted that the national legislation was not in line with the present provision of the Convention inasmuch as the Government indicated in its report that section 40 of the Code provides that where a seafarer’s employment contract is terminated for reasons not involving misconduct and before being able to take paid leave, the employer or employers’ representative must pay the seafarer remuneration proportionate to the period of service. The Government also stated that section 9(b) of the collective agreement states that section 40 is only applicable if the seafarer’s length of service is more than six months but less than ten. The Committee notes that the Government maintains its position in its reply, explaining that a leave-pay can only be made if the seafarer is entitled to take leave. In this regard, the Committee notes the comments from TÜRK-IŞ to the effect that the Code does not provide for remuneration in proportion to the length of service for seafarers recruited for less than six months. The Committee again asks the Government to indicate the manner in which it is ensured that any seafarer who leaves the service of his employer after any period of time is entitled to the remuneration relating to the annual leave due to him in proportion to his length of service, in accordance with Article 4(1) of the Convention. The Committee recalls that this principle is incorporated into Guideline B2.4.1(3) of the MLC, 2006.

Article 9. Replacement of annual leave with cash payment. The Committee recalls that the Convention only permits the replacement of annual leave with a cash payment in exceptional cases. The Committee therefore again requests the Government to supply specific information on the manner in which effect is given to this provision of the Convention.

Article 10(3). Location and timing of leave. The Committee notes that section 40 of the Code provides that a seafarer cannot be forced to take leave in a foreign port or in any place other than the place of recruitment. If it is necessary for the seafarer to travel from a foreign port to the employee’s place of recruitment to take leave, the employee may request seven days of unpaid leave to do so. However, the Committee recalls that the Convention requires the seafarer’s transport and subsistence costs during such travel, and also costs directly related to such travel, to be paid by the employer. The Committee requests the Government to indicate the measures taken or contemplated to give full effect to this provision of the Convention. The Committee recalls that this principle was incorporated into Guideline B2.4.2(3) of the MLC, 2006. Moreover, the Committee notes the comments from TÜRK-IŞ to the effect that, under section 40 of the Code on Sea Labour, the timing of leave is entirely at the discretion of the employer and that this is wilfully misconstrued in practice inasmuch as some shipowners even claim that annual leave cannot be granted during the summer. The Committee requests the Government to send any observations that it may wish to make in reply to the comments from TÜRK-IŞ.

Part V of the report form. Application in practice. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, information on the number of seafarers covered by the relevant provisions of the legislation, extracts from inspection reports and any difficulties encountered in the application of the Convention. The Committee also requests the Government to state whether the collective agreement which was signed in 2006 between the Seafarers’ Union of Turkey and the Employers’ and Shipowners’ Association of Turkey, a copy of which was sent to the Office, has been renewed and whether it is currently in force.

Finally, the Committee wishes to take this opportunity to remind the Government that most of the provisions of Convention No. 146 have been reproduced without any major changes in Regulation 2.4, Standard A2.4 and Guideline B2.4 of the MLC, 2006, and compliance with Convention No. 146 would therefore facilitate the implementation of the corresponding provisions of the MLC, 2006. The Committee therefore requests the Government to continue to apply Convention No. 146 in such a way as also to ensure the implementation of the MLC, 2006, once the latter has been ratified and has come into force.

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

Article 1(2) of the Convention. Application to fishers. The Committee notes the Government’s indications that commercial fishing vessels of less than 250 GT are required to have the necessary medical supplies in order to be granted an annual health document whereas the fishing vessels exceeding 250 GT are subject to annual health certification for which they are required to have on board the medical supplies and equipment indicated in category C of the 2002 Regulations on Minimum Health and Security Requirements for Giving Better Medical Care in Navigating Ships. In this regard, the Committee notes the comments of the Confederation of Turkish Trade Unions (TÜRK-IŞ) according to which medical care in the fishing sector remains inadequate especially in the absence of strong trade unions. The Committee requests the Government to transmit any comments it may wish to make in reply to the obervations of TÜRK-IŞ.

Article 5(6). Measures for the transport of dangerous cargo. The Commitee notes the comments of TÜRK-IŞ according to which seafarers are often left uninformed of the nature of the cargo carried. The Confederation refers, in particular, to the situation of vessels carrying radioactive material or nuclear waste and the serious risks faced by the seafarers in such cases. While noting the Government’s explanations with regard to the use of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the Committee requests the Government to clarify how it is ensured that the necessary information regarding a cargo, which is classified dangerous but has not yet been included in the most recent edition of the Guide – including information on the nature of the substances, the risks involved, the necessary personal protective devices and the relevant medical procedures and specific antidotes – are made available to the master, seafarers and other interested persons. The Committee recalls that the same provision is now reflected in Guideline B4.1.1(5) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 6. Medical guide. Noting that section 8(a) of the 2002 Regulations on Minimum Health and Security Requirements for Giving Better Medical Care in Navigating Ships makes reference to guides for the use of medical stores, the Committee requests the Government to transmit a copy of the ship’s medical guide adopted or approved by the Ministry of Health. The Committee recalls that the requirement for all ships to carry a medical guide has been incorporated in Standard A4.1(4)(a) of the MLC, 2006.

Article 8(2). Requirement to carry a medical doctor on board. While noting the Government’s reference to the ship classification in three classes, as provided for in the 2002 Regulations on Minimum Health and Security Requirements for Giving Better Medical Care in Navigating Ships, the Committee requests the Government to specify the class or classes of ships and any specific conditions under which those ships are required to carry a medical doctor as a member of the crew. The Committee recalls that under Standard 4.1(4)(b) of the MLC, 2006, ships carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration must carry a qualified medical doctor responsible for providing medical care.

Article 11. Hospital accommodation. Please indicate the legal provisions, if any, giving effect to the detailed requirements of this Article of the Convention. The Committee recalls that the same provisions are now reflected in Standard A3.1(12) and Guideline B3.1.8 of the MLC, 2006.

Article 12. Standard medical report form. As no copy of the standard medical report form was attached to the Government’s report, the Committee requests the Government to provide a copy of that document. The Committee recalls that the requirement for the adoption of a standard medical report form for use by the ship’s masters and relevant onshore and onboard medical personnel has been incorporated in Standard A4.1(2) of the MLC, 2006.

Finally, the Committee recalls that most of the provisions of this Convention have been consolidated in Regulation 4.1, Standard A4.1 and Guideline B4.1 of the MLC, 2006, and therefore ensuring compliance with Convention No. 164 will facilitate the implementation of the corresponding requirements of the MLC, 2006. The Committee requests the Government to keep the Office informed of any progress made towards the ratification and effective implementation of the MLC, 2006.

Finally, the Committee recalls that the latest edition of the International Medical Guide for Ships was published by the World Health Organization (WHO) in 2007, and that an addendum concerning the contents of ships’ medicine chests was published in 2010.

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

Articles 2 to 12 of the Convention. Seafarers’ entitlement to repatriation. The Committee recalls its previous comments in which it noted that the Maritime Labour Act of 1967 gave only partial or no effect to most of the provisions of the Convention and accordingly asked the Government to provide a detailed report. In its reply, the Government indicates that preparations are ongoing for the enactment of regulations with respect to numerous requirements of the Convention, including: the seafarer’s entitlement to repatriation in the event of a ship bound for a war zone to which the seafarer does not consent to go (Article 2(1)(f)); the determination of the maximum duration of service periods following which a seafarer is entitled to repatriation (Article 2(2)); the seafarer’s right to choose among the prescribed destinations the place to which he or she is to be repatriated (Article 3(2)); the obligation to include among the repatriation cost to be borne by the shipowner the medical treatment when necessary until the seafarer is medically fit to travel (Article 4(4)(e)); the prohibition to require seafarers to make an advance payment towards the cost of repatriation at the beginning of their employment, or to recover the cost of repatriation from their wages (Article 4(5)); the obligation of the flag State to arrange for and meet the repatriation cost if a shipowner fails to do so (Article 5); the prohibition to deduct any time spent awaiting repatriation and repatriation travel time from the seafarer’s paid leave (Article 7); and the availability of the text of the Convention in an appropriate language on board every ship (Article 12). In addition, the Government states that seafarers are normally repatriated by air (Article 4(1)) and also that the repatriation costs to be borne by the shipowner include, among others, the transportation of 30kg of the seafarer´s personal luggage (Article 4(4)) without however specifying any relevant legal provisions. The Committee therefore asks the Government to take without delay all appropriate measures with a view to rectifying the numerous implementation gaps and to keep the Office informed of any developments concerning the adoption of the new regulations.

Part V of the report form. Practical application. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied, including for instance, statistics on the number of seafarers covered by the measures giving effect to the Convention, and extracts from inspection reports showing the number and nature of any infringements of the relevant legislation.

Finally, the Committee recalls that the main provisions of the Convention have been incorporated in Regulation 2.5 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006) and therefore ensuring compliance with Convention No. 166 will facilitate the implementation of the respective requirements of the MLC, 2006. The Committee accordingly requests the Government to keep the Office informed of any progress made concerning the ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2–12 of the Convention. Food and catering. The Committee notes that the Government’s report has not been received. The Committee recalls its previous comment in which it raised numerous issues and requested clarifications on practically every provision of the Convention. The Committee therefore requests the Government to provide a detailed report on the application of the Convention indicating for each of the Articles of the Convention the provisions of the laws and regulations or other measures which give effect to each Article. The Committee also requests the Government to transmit copies of any relevant legal text(s) which may not have been previously communicated to the Office.

Moreover, the Committee recalls that Convention No. 68, together with 67 other international maritime labour instruments, has been revised by the Maritime Labour Convention, 2006 (MLC, 2006). The Committee accordingly invites the Government to consider ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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 4(1), (3) and (4) of the Convention. Examinations and certificates of qualifications. With regard to the granting of certificates of qualification, the Government firstly refers to provisions set forth in the Regulations on Seafarers of 31 July 2002, which provide that the Seafarers’ Examination Centre is the only authority responsible for the organization of examinations. Given the very general nature of these provisions, the Committee asks the Government to indicate the specific nature of the examinations (including the practical tests), which are to be passed in order to obtain a ships’ cooks certificate.

Secondly, the Government states that students who have attained qualifications from vocational colleges governed by the Ministry of National Education may also be employed as ships’ cooks after having received supplementary skill training on living conditions and adapting to life on board ship. The Government states that specific programmes for obtaining the ships’ cooks certificate may also be set up with these colleges, in agreement with the departmental prefect. The Committee asks the Government to indicate whether, upon completion of the training provided by vocational colleges, specific examinations are held in order to obtain the ships’ cooks certificate. The Government is also requested to indicate: (i) the authority or authorities which organize and issue this certificate; and (ii) the nature of the examinations (including the practical tests) which are to be passed.

Article 6. Recognition of certificates. Section 54 of the Regulations on Seafarers provides that, in order to be recognized, the certificates issued by foreign authorities must be compatible with rule 1/10 and section A-1/10 of the Code of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended. Since the STCW Convention does not deal with ships’ cooks, the Committee asks the Government to indicate whether section 54 of the Regulations on Seafarers also applies to ships’ cooks and, if not, whether there are any similar provisions for the recognition of ships’ cooks certificates issued in other territories.

Part V of the report form. Practical application. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from official inspection service reports and, if such statistics are available, information on the number of certificates issued. The Committee also asks the Government to provide in its next report copies of the following documents: Act No. 3308 on apprenticeship and vocational training; Regulations on vocational training; and Directives for training and assessment referred to in section 4(5) of the Regulations on Seafarers.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 3–17 of the Convention. Crew accommodation. The Committee notes that the Government’s report has not been received. The Committee recalls its previous comment in which it raised numerous issues and requested clarifications on practically every provision of the Convention. The Committee therefore requests the Government to provide a detailed report on the application of the Convention indicating for each of the Articles of the Convention the provisions of the laws and regulations or other measures which give effect to each Article. The Committee also requests the Government to transmit copies of any relevant legal text(s) which may not have been previously communicated to the Office.

Moreover, the Committee recalls that Convention No. 92, together with 67 other international maritime labour instruments, has been revised by the Maritime Labour Convention, 2006 (MLC, 2006). The Committee accordingly invites the Government to consider ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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(1) of the Convention. Issuance of seafarers’ identity documents. The Committee notes the Government’s indication that in accordance with section 20 of the Passport Act No. 5682, seafarers’ identity documents designed for crew members who are nationals on board Turkish ships sailing out of the territorial sea have the same effect as a passport when validated by the General Directorate for Security of the Ministry of Interior, and are used in lieu of a passport in international maritime navigation at arrival and departure points. The Committee requests the Government to indicate whether seafarers are able to apply by themselves for a seafarer’s identity document.

Article 3. Retention of seafarer’s identity document by the seafarer. The Committee requests the Government to indicate whether the seafarer’s identity document remains in the seafarer’s possession at all times.

Article 4(1), (2), (3) and (5). Form and content of the seafarer’s identity document. The Committee notes that the specimen of the seafarer’s identity document, which was supposed to have been appended to the Government’s report, has not been received by the Office. The Committee requests the Government to transmit a specimen of an up to date seafarer’s identity document, and to specify whether the validity is clearly indicated in it.

Article 4(6). Consultations with organizations concerned. The Committee notes that the Government does not give details on the consultations held, especially concerning the revision of the old seafarer’s identity document. The Committee requests the Government to provide details on the consultations held pursuant to this provision of the Convention, especially concerning the revision of the old seafarer’s identity document.

Article 5(1) and (2). Re-admission to territory. The Committee notes that the Government does not provide information on the seafarer’s right to re-admission to Turkish territory. The Committee, therefore, requests the Government to indicate whether any seafarer who holds a valid Turkish seafarer’s identity document is entitled to return to Turkey (Article 5(1) of the Convention). It also requests the Government to indicate whether the seafarer who holds a Turkish seafarer’s identity document is re-admitted, in accordance with Article 5(2) of the Convention to Turkish territory during a period of at least one year after any date of expiry indicated in the seafarer’s identity document.

Article 6(2). Entry into territory. The Committee notes the Government’s indication in its report that seafarers from countries requiring a visa for Turkey need to provide supporting evidence when they request entry into the Turkish territory for the purposes indicated in this provision of the Convention. The Committee requests the Government to indicate the national legislation or any other measures which ensure that a seafarer holding a valid seafarer’s identity document containing space for appropriate entries is permitted to enter the Turkish territory for the purpose of: (a) joining his/her ship or transferring to another ship; (b) passing in transit to join his/her ship in another country or for repatriation; or (c) any other purpose approved by the competent authorities, as required by this provision of the Convention.

Part V of the report form. Practical application. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including, for instance, information concerning the number of seafarers’ identity documents issued and any difficulties encountered in the application of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 5–11 of the Convention. Crew accommodation. The Committee notes that the Government’s report has not been received. The Committee recalls its previous comment in which it raised numerous issues and requested clarifications on practically every provision of the Convention. The Committee therefore requests the Government to provide a detailed report on the application of the Convention indicating for each of the Articles of the Convention the provisions of the laws and regulations or other measures which give effect to each Article. The Committee also requests the Government to transmit copies of any relevant legal text(s) which may not have been previously communicated to the Office.

Moreover, the Committee recalls that Convention No. 133, together with 67 other international maritime labour instruments, has been revised by the Maritime Labour Convention, 2006 (MLC, 2006). The Committee accordingly invites the Government to consider ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1–9 of the Convention. Prevention of accidents. The Committee notes that the Government’s report has not been received. The Committee recalls its previous comment in which it raised numerous issues and requested clarifications on practically every provision of the Convention. The Committee therefore requests the Government to provide a detailed report on the application of the Convention indicating for each of the Articles of the Convention the provisions of the laws and regulations or other measures which give effect to each Article. The Committee also requests the Government to transmit copies of any relevant legal text(s) which may not have been previously communicated to the Office.

Moreover, the Committee recalls that Convention No. 134, together with 67 other international maritime labour instruments, has been revised by the Maritime Labour Convention, 2006 (MLC, 2006). The Committee accordingly invites the Government to consider ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1–10 of the Convention. Seafarers’ entitlement to annual leave. The Committee notes that the Government’s report has not been received. The Committee recalls its previous comment in which it raised numerous issues and requested clarifications on practically every provision of the Convention. The Committee therefore requests the Government to provide a detailed report on the application of the Convention indicating for each of the Articles of the Convention the provisions of the laws and regulations or other measures which give effect to each Article. The Committee also requests the Government to transmit copies of any relevant legal text(s) which may not have been previously communicated to the Office.

Moreover, the Committee recalls that Convention No. 146, together with 67 other international maritime labour instruments, has been revised by the Maritime Labour Convention, 2006 (MLC, 2006). The Committee accordingly invites the Government to consider ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1–13 of the Convention. Health protection and medical care. The Committee notes that the Government’s report has not been received. The Committee recalls its previous comment in which it raised numerous issues and requested clarifications on practically every provision of the Convention. The Committee therefore requests the Government to provide a detailed report on the application of the Convention indicating for each of the Articles of the Convention the provisions of the laws and regulations or other measures which give effect to each Article. The Committee also requests the Government to transmit copies of any relevant legal text(s) which may not have been previously communicated to the Office.

Moreover, the Committee recalls that Convention No. 164, together with 67 other international maritime labour instruments, has been revised by the Maritime Labour Convention, 2006 (MLC, 2006). The Committee accordingly invites the Government to consider ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1–12 of the Convention. Repatriation of seafarers. The Committee notes that the Government’s report has not been received. The Committee recalls its previous comment in which it raised numerous issues and requested clarifications on practically every provision of the Convention. The Committee therefore requests the Government to provide a detailed report on the application of the Convention indicating for each of the Articles of the Convention the provisions of the laws and regulations or other measures which give effect to each Article. The Committee also requests the Government to transmit copies of any relevant legal text(s) which may not have been previously communicated to the Office.

Moreover, the Committee recalls that Convention No. 166, together with 67 other international maritime labour instruments, has been revised by the Maritime Labour Convention, 2006 (MLC, 2006). The Committee accordingly invites the Government to consider ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken or envisaged in this respect.

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

The Committee notes the Government’s first report on the application of the Convention. It wishes to draw the Government’s attention to the following points.

Article 1, paragraph 1, of the Convention. Definition of seafarer. According to section 1 of the Code on Sea Labour, the Code shall apply to “the seamen who work under contract in the ships carrying the Turkish flag and sailing on the seas, lakes and rivers and weighing 100 gross tons (GT) and over, and to the employers of the seamen. The vessels such as boats, barges, flat-bottomed boats, small lighters will also be considered as ships.” The Convention, however, does not link its application to a minimum tonnage of 100 GT, but requires the ship to be “ordinarily engaged in maritime navigation”. Article II, paragraph 1, subparagraph (i), of the Maritime Labour Convention, 2006, does also not refer to any minimum tonnage, but relates solely to the maritime navigation of ships. The Committee, therefore, requests the Government to indicate by what means it is ensured that persons working on board seagoing ships of less than 100 GT are covered by the relevant provisions giving effect to the Convention.

Article 1, paragraph 3. Definition of occupational accidents. The definition provided in section 4 of the Regulation on Examination of Sea Accidents limits occupational accidents to “injuries having mortality risk”. This definition is narrower than the term “occupational accidents” used by the Convention, which covers all accidents to seafarers arising out of or in the course of their employment. The Committee, therefore, asks the Government to provide information on legislation covering occupational accidents which do not cause injuries having mortality risk.

Article 2, paragraph 1. Statistics. The Committee notes from the Government’s report that sections 77 and 91 of the Labour Act lay down general obligations of employers and of the Government in case of accidents. Further responsibilities lie with the Commission of Examination of Sea Accidents (DEKİK). The examination of accidents resulting from loading or unloading operations in ports is specifically entrusted to the Labour Inspection Board, which is established within the Ministry of Labour and Social Security. The Government further states that all accidents defined as occupational accidents were publicized, and that statistics on occupational accidents were publicized and that statistics on occupational accidents were published annually, according to the Social Insurance Act. The Social Insurance Act, however, does not contain a provision concerning the publication of occupational accidents. The Committee requests the Government to indicate, in addition to the obligation to report occupational accidents, any measures taken or envisaged by the competent authority to compile comprehensive statistics on occupational accidents and to analyse them. The Committee asks the Government to indicate any specific laws or regulations providing for statistics of occupational accidents and their analysis. It further requests the Government to supply copies, or relevant extracts, of reports of inquiry, as well as samples of statistics compiled in conformity with the provisions of this Article.

Article 2, paragraph 2. Reporting of accidents and statistics. The Government indicates that occupational accidents are those which are “growing out of a case in the ship or case related with a ship”. It further states that every kind of sea accident “can” be examined and enumerates the points that DEKİK’s accident report “should” include. These provisions appear not to be mandatory. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all occupational accidents are reported and that the statistics are not limited to fatalities or accidents involving the ship, but also those that affect the individual seafarers.

Article 2, paragraph 3. Content of statistics. According to the Government’s report, the examination of accidents resulting from loading or unloading operations in ports was specifically entrusted to the Labour Inspection Board. However, the Government did not indicate whether the reports based on this Board’s examinations are taken into account when compiling statistics. It does not provide statistics on the numbers, nature, causes and effects of occupational accidents, with a clear indication of the department on board ship – for instance, deck engine or catering – and of the area – for instance, at sea or in port – where the accident occurred. The Government further enumerates several points that the DEKİK’s accident report “should” include. These points appear not to be mandatory and the Government does not indicate to which extent these points are considered in statistics. The Committee requests the Government to indicate whether the statistics record the numbers, nature, causes and effects of occupational accidents, with a clear indication of the department on board ship – for instance, deck engine or catering – and of the area – for instance, at sea or in port – where the accident occurred.

Article 3. Research. The Government again refers to the points the DEKİK’s accident report “should” include. These points are apparently not mandatory and do not indicate whether DEKİK or the General Directorate of Marine Transportation conduct research. The Committee asks the Government to indicate whether any state organizations or institutions undertake research into general trends and into such hazards as are brought out by statistics.

Article 4, paragraph 3(b). Structural features of the ship. The provisions referred to in the Government’s report do not cover “structural features of the ship”. The Committee asks the Government to indicate provisions of national laws or regulations specifically dealing with structural features of the ship.

Article 4, paragraph 3(c). Machinery. The Government refers to sections 18 and 33 to 40, of the Regulation on Accommodation, Health and Food Supplies of Seafarers. These provisions cover aspects, such as the machinery’s insulation against noise, heat and exhaust but do not deal with all requirements of this subparagraph. The Committee asks the Government to indicate provisions of national laws or regulations dealing with accident protection, applicable to machinery, as required by this subparagraph.

Article 4, paragraph 3(d). Special safety measures on and below deck. Section 19, paragraphs (a) and (e), of the Regulations for Seafarers requires seafarers as part of their basic training to be trained in “Personal Survival Techniques” and “on Proficiency in Survival Craft and Rescue Boats other than Fast Rescue Boats”. The Government further reproduces several provisions of the Regulation on Accommodation, Health and Food Supplies of Seafarers. These provisions do not cover “special safety measures on and below deck”. The Committee asks the Government to indicate the specific provisions of national laws or regulations concerning special safety measures on and below deck.

Article 4, paragraph 3(e). Loading and unloading equipment. The Government reproduces provisions of the Regulation on Accommodation, Health and Food Supplies of Seafarers, which, however, do not deal with “loading and unloading equipment”. The Committee asks the Government to indicate specific provisions of national laws or regulations dealing with loading and unloading equipment.

Article 4, paragraph 3(f). Fire prevention and firefighting. Section 19, paragraph (c), of the Regulations for Seafarers requires seafarers as part of their basic training to be trained in “Fire Prevention and Fire Fighting”. The Regulation on Accommodation, Health and Food Supplies of Seafarers, also referred to, do not cover fire prevention and firefighting. The Committee asks the Government to indicate the specific provisions of national laws or regulations concerning fire prevention and firefighting.

Article 4, paragraph 3(g). Anchors, chains and lines. The Government refers to several provisions of the Regulation on Accommodation, Health and Food Supplies of Seafarers, which, however, do not deal with anchors, chains and lines. The Committee asks the Government to indicate specific provisions of national laws or regulations dealing with anchors, chains and lines.

Article 4, paragraph 3(h). Dangerous cargo and ballast. Section 6, paragraph (a), of the Regulations on Minimum Health and Security Requirements for Giving Better Medical Care in Navigating Ships requires the shipowner to provide for “ships carrying any of the dangerous substances listed in Annex-III; to have on board medical supplies including at least the antidotes listed in Part C of Annex I”. Other provisions of the Regulation on Accommodation, Health and Food Supplies of Seafarers do not cover the requirements of this subparagraph. The Committee asks the Government to indicate the specific provisions of national laws or regulations concerning dangerous cargo and ballast.

Article 4, paragraph 3(i). Personal protective equipment for seafarers. Section 19, paragraphs (a) and (e), of the Regulations for Seafarers obliges seafarers as part of their basic training to be trained in “Personal Survival Techniques” and to obtain “Proficiency in Survival Craft and Rescue Boats other than Fast Rescue Boats”. They do not, however, deal with personal protective equipment for seafarers. The Committee asks the Government to indicate specific provisions of national laws or regulations dealing with personal protective equipment for seafarers.

Article 5, paragraph 1. Responsibility for compliance. The shipowners’ duties in the prevention of accidents are, inter alia, laid down in section 77 of the Labour Act and section 11 of the Directive on the Methods and Principles of Preparation of Medication and Medical Supplies Certificates for Vessels. The Regulation on Accommodation, Health and Food Supplies of Seafarers further underlines the shipowners’ responsibility to prevent occupational accidents. The seafarers’ responsibility is limited to the completion of a mandatory training, in order to receive a seafarers’ certificate. Specific obligations of seafarers for the time after assuming duty are not described by the Government and not indicated by the legislation at hand. The accident prevention provisions giving effect to Article 4 do not appear to contain the obligation for “others concerned”, to comply with them. The Committee asks the Government to indicate specific measures taken or envisaged obliging seafarers and others concerned to comply with the national accident prevention provisions referred to in Article 4 of this Convention.

Article 5, paragraph 2. Use of protective equipment and other safeguards. The Government report does not clearly indicate whether the shipowners’ obligation to provide protective equipment or other accident prevention safeguards, is accompanied by provisions for the use of such equipment. Again, obligations of seafarers after assuming their duties on board are not specified. The Committee asks the Government to indicate any specific provisions for the use of protective equipment and safeguards by seafarers, and any requirement obliging seafarers to comply with the relevant accident prevention measures. It further asks the Government to supply the full text of the provisions concerning the prevention of occupational accidents of seafarers, which are required in virtue of Articles 4 and 5 of the Convention.

Article 6, paragraph 1. Inspection. Section 9 of the Regulation on General Supervision and Certification of the Ship entrusts the Under-Secretariat of Maritime Affairs with the supervision, technical coordination, the setting of standards and the establishment of technical criteria. In the absence of further information, the Committee asks the Government to indicate the measures taken by the Under-Secretariat of Maritime Affairs to ensure the proper application of the provisions referred to in Article 4.

Article 6, paragraph 4. Information of seafarers. According to the Government report employers “should” inform workers about their legal rights and responsibilities, and offer education programmes which the workers “should” attend. The Committee asks the Government to indicate whether mandatory means exist to bring the provisions to the attention of seafarers, e.g. through copies made available to crew members or summaries of the provisions concerning the prevention of accidents.

Article 7. Accident prevention committee. The Committee asks the Government to indicate measures taken or envisaged to make provision for the appointment, from amongst the crew of the ship, of a suitable person or suitable persons or of a suitable committee responsible, under the master, for accident prevention.

Article 8, paragraphs 1 and 2. Accident prevention programmes. The Government reports that in order to prevent the recurrence of accidents, DEKİK examines sea accidents to determine the causes. The Committee asks the Government to supply further information about any prevention programs established by DEKİK and whether these were developed in co-operation with shipowners’ and seafarers’ organizations. It further asks the Government to provide information whether, besides DEKİK, shipowners and seafarers or their representatives and other appropriate bodies play an active part in the implementation of programmes for the prevention of occupational accidents.

Article 8, paragraph 3. Joint committees and ad hoc working parties. The Committee asks the Government to provide information on any joint accident prevention committees or ad hoc working parties established in accordance with this paragraph.

Article 9. Instruction and information concerning accident prevention. Sections 19 and 21 of the Regulations for Seafarers and section 8, paragraphs (b) and (c), of the Regulation on Minimum Health and Security Requirements for Giving Better Medical Care in Navigating Ships, require all seafarers to receive training on elementary first aid, personnel safety and social responsibility for which, after completion of an examination, the Under-Secretariat of Maritime Affairs grants a certificate. The Committee asks the Government to provide information whether the curricula of vocational training institutions include instruction in the prevention of accidents and measures for the protection of health in employment. It further asks the Government to indicate whether and how information concerning particular hazards is brought to the attention of seafarers, for instance by means of official notices containing relevant instructions.

Part III of the report form. According to the government report, the Ministry of Labour and Social Security, the Council of Ministers, the General Directorate of Borders and Coast Health, the Ministry of Health, the Ministry of Education and DEKİK are entrusted with the application of the Turkish legislation. The Committee asks the Government to indicate by what methods the application of national legislation is supervised and enforced, and to supply information on the organization and working of inspections.

Part IV of the report form. The Committee asks the Government to provide information whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply the text of these decisions.

Part V of the report form. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in Turkey by providing extracts from the reports of the inspection services, information on the number of workers covered, the number and nature of contraventions reported, the resulting action, and the number of occupational accidents reported.

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

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

Article 1, of the Convention. Legislation. Of the legislation and collective agreements cited as attached in the Government’s report, the Collective Agreement signed in 2006 between the Seafarers’ Union of Turkey and the Shipowners’ Employers’ Association of Turkey has not been received. The Committee requests the Government to provide the text of the Collective Agreement, to indicate whether it is still in force and to provide any other relevant collective agreements.

Article 2, paragraph 4. Extension of scope of application. According to section 1 of the Code on Sea Labour Code, the provisions concerning maritime labour contracts apply to all maritime vessels of more than 100 GT, if not otherwise authorized by the Council of Ministers. The Code or other information in the Government’s report does not exclude fishing vessels or other operations directly connected to fishing. The Committee asks the Government to clarify whether the relevant provisions apply to commercial maritime fishing or to operations directly connected to maritime fishing.

Article 2, paragraph 8. Exclusion of certain categories. Under the national legislation, seafarers working on vessels of less than 100 GT are excluded from the application of the Code. The Committee asks the Government to give the reasons for the exclusion of seafarers working on vessels of less than 100 GT from the application of the Convention and to indicate the necessary consultations with the organizations of shipowners and seafarers concerned, which are required before any such decision.

Article 4, paragraph 1. Proportionate leave. According to section 40 of the Code, seafarers who have worked between six months and one year are entitled to 15 days of vacation. If they have worked for more than one year, they are entitled to one month of vacation. Under the Collective Agreement of 2006, one month of paid leave has to be granted after employment of ten months. Neither the Code nor the Collective Agreement permit to determine a seafarer’s entitlement to paid leave for all periods of service. To fill this gap, the Government, following a ruling of the Supreme Court of Appeals, drew on section 54 of the Labour Act. This section appears to be based, however, on the prerequisite of a “‘one-year service’ which must elapse for the employee’s entitlement to his upcoming annual leave with pay”. Employment periods of between six months and one year are treated equally, and no provision for granting proportionate leave is made, as required by the Convention. Finally, no leave entitlement exists for employment of less than six months. The Committee requests the Government to indicate how it is ensured that seafarers whose length of service is less than that required for the full or partial annual leave under section 40 of the Code, shall be entitled to leave with pay proportionate to the length of service.

Article 5, paragraph 2. Service off articles. The Committee requests the Government to indicate whether service-off articles is counted as part of the period of service.

Article 5, paragraph 3. Absence from work. According to the Government’s report, section 55 of the Labour Law includes, illness, injury (paragraph (a)), maternity (paragraph (b)) and other reasons beyond the seafarer’s control as part of the period of service. In addition to these provisions, section 2 of the Code stipulates that it shall be applied to vocational training taking place on the premises of the workplace and organized under the same management. The Convention, however, is not limited to this kind of vocational training, but includes all approved training courses. The Committee asks the Government to indicate measures envisaged or taken to have approved maritime vocational training courses counted as part of the period of service.

Article 7, paragraph 3. Remuneration for leave due. Section 40 of the Code provides that when seafarers’ labour contracts are terminated not due to the incorrect behaviour of the seafarers, and before the seafarers have had a chance to take paid leave, the employer or the representative of the employer has the obligation to pay remuneration proportionate to their length of service. Section 9, paragraph (b), of the Collective Agreement specifies that section 40 of the Code is only applicable, if the seafarer’s “working period is more than six months but less than ten months”. The Committee requests the Government to provide information on how it is ensured that any seafarer leaving after a working period of any length, receives a remuneration for the annual leave due to him or her proportionate to the length of service in the sense of Article 4, paragraph 1.

Article 8, paragraph 1. Division and accumulation. Section 9, paragraph (b), of the Collective Agreement lays down that “annual paid leave shall be granted without being divided, provided that the parties do not have the written approval”. Section 40 of the Code provides that “a vacation of one month can be divided into two by mutual consent of the parties, provided that the two parts will be in the same year”. Both provisions, however, do not touch on any possibility for accumulation of leave due in respect of one year together with the subsequent period of leave. The Committee requests the Government to provide information as to whether the accumulation of annual leave due in respect of one year together with a subsequent period of leave is possible.

Article 9. Substitution of leave with cash payment. The Government states that Turkey has undertaken to adopt and implement the European Community Council Directive 1999/63/EC of 21 June 1999 concerning the agreement on the organization of working time of seafarers concluded by the European Community Shipowners’ Association and the European Transport Workers’ Federation, as part of the National Programme for Adoption of the Acquis Communautaire. Clause 16 of the Council Directive lays down that “the minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated”. The Committee requests the Government to indicate whether the European Community Council Directive has been transformed into Turkish law, and to provide the relevant national legislation.

Article 10, paragraph 3. Transportation. Sections 21 to 25 of the Code provide that the shipowner is obliged to return the seafarer to the port of the registry of the vessel. This part of the Code is applicable to cases in which the employment contract has been terminated due to circumstances enumerated in section 14 of the Code. The Code appears to be narrower than the Convention, which also includes the place where the seafarer “was engaged or recruited” as destinations for repatriation. Furthermore, under the Convention, the entitlement to repatriation is not linked to a termination of the employment contract, as required by section 14 of the Code. The Committee requests the Government to provide information as to whether laws or regulations exist obliging the employer to pay free transportation to the place where the employment contract has been concluded, and also to pay subsistence allowance during travel, for seafarers who are required to take their annual leave from a place other than that permitted by Article 10, paragraph 2.

Part IV of the report form. The Government states that, according to section 46 of the Code on Sea Labour, the provisions of Code No. 5521 would be applied to conflicts between seafarers and employers or the representatives of the employers arising from the Code on Sea Labour, and from employment contracts. It also states that no relevant decisions have been given by courts or other tribunals so far. The Committee requests the Government to provide a copy of Code No. 5521 and, if applicable, other relevant laws or regulations.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Turkey, e.g. by providing extracts from General Labour Inspection Reports, information on the number of seafarers covered by the relevant provisions and on any difficulties encountered in the application of the Convention, etc.

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

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

Article 1, paragraph 1, of the Convention. Scope of application. Section 1 of the Code on Sea Labour and section 4, paragraph (c), of the Regulation on Minimum Health and Security Requirements for Giving better Medical Care in Navigating Ships (Regulation on Health and Security) lay down that they “will be applied to the seamen who work under contract in the ships carrying the Turkish flag and sailing on the seas, lakes and rivers and weighing 100 gross tons (GT) and over and to the employers of the seamen. The vessels such as boats, barges, flat-bottomed boats, small lighters will also be considered as ships.” The Convention, however, does not link its application to a minimum weight of 100 GT, but requires the ship to be “ordinarily engaged in maritime navigation”. The tonnage limitation in the Turkish legislation, therefore, is not in line with the Convention. The Committee requests the Government to indicate by what means it is ensured that persons working on board seagoingTurkish ships of less than 100 GT are covered by the relevant provisions giving effect to the Convention.

Article 1, paragraph 2. Application to fishers. According to section 1 of the Code on Sea Labour, the provisions concerning maritime labour contracts apply to all maritime vessels of more than 100 GT, if not otherwise authorized by the Council of Ministers. Under Article 3 of the Convention, the Government refers to sections 5 and 8 of the Regulation concerning Minimum Safety and Health Requirements of Workers in Fishing Vessels in which the owners are obliged to take measures for the protection of the health and safety of workers. The Committee asks the Government to clarify to what extent the relevant provisions apply to commercial maritime fishing. Please also indicate whether consultations with the representative organizations of fishing vessel owners and fishers have been held on the matter.

Article 4(a). Application to seafarers. The Government stated that according to section 15, paragraph 1, of the Social Insurance Act, the employer is “obliged to provide for an insured person who is the victim of a work accident, the health benefit required by his state of health until the Institution takes the appropriate action”. Information is not available on how it is ensured that general provisions on occupational health protections and medical care are applied to the seafaring profession. The Committee asks the Government to indicate whether special provisions peculiar to work on board exist. Please also provide information about existing general provisions on occupational safety and health protection and medical care applicable to seafarers.

Article 4(b). Comparable provision. According to section 68 of the Social Insurance Act, clinical examinations and surgical interventions in foreign countries should be provided for all persons insured under the Act “if reports approved by the local consulate and issued by the facilities giving treatment emphasize that cure” until the insured persons have recovered. The requirement that employees abroad have to obtain the approval of the local Consulate seems to indicate that workers inside and outside of Turkey are treated differently. Further information concerning the comparability of health protection provided is not available. The Committee asks the Government to indicate to what extent the health protection and medical care provided to seafarers differ from that which is generally available to workers ashore.

Article 4(e). Preventive measures. Sections 7, paragraph (a), and 8, paragraphs (b) and (c), of the Regulation on Health and Security and sections 19 and 21 of the Regulations for Seafarers oblige all seafarers to receive training on elementary first aid and training on personal safety and social responsibility. The Government also stated that “programmes for hygiene, travel health, vaccination and tele-health” were in place. The Committee asks the Government to provide further information on the “programmes for hygiene, travel health, vaccination and tele-health”, mentioned in its report, as well as on any further measures of a preventive character.

Article 5, paragraph 3. Incorporation of international recommendations for content of medical chest. The list “II-Medical Materials” of sections 1, 2 and 3 of Annex IV to the Regulation on Health and Security which describes the exact content of the medicine chest is not available. The Government states that an internationally recognized medical certificate is issued after the inspection of the medical chest by the General Directorate of Borders and Coasts. The Committee asks the Government to indicate whether, in adopting or reviewing the national provisions concerning the contents of the medicine chest and the medical equipment carried on board, the competent authority takes into account international recommendations in this field, in particular the International Medical Guide for Ships (third edition of 2008) and the List of Essential Drugs (updated in 2007) published by the World Health Organization, as well as advances in medical knowledge and approved methods of treatment.

Article 5, paragraph 4. Inspection of the medicine chest. Section 10 of the Regulation on Health and Security provides for the inspection of the “nature of the medical supplies” (section 10, subparagraph (a), No. 1) on an annual basis which, according to the Government, is laid down in checklist “II-Medical Materials” of sections 1, 2 and 3 of Annex IV to the Regulation (section 10, subparagraph (a), No. 2 of the Regulation). According to section 10, subparagraph (c), of the Regulation, the “inspections regulated in this section may exceptionally be postponed for up to five months by the administration”. This provision is not in accordance with the Convention. Therefore, the Committee asks the Government to indicate whether any exceptions have been granted to the requirement, under this provision of the Convention, as well as under section 10, subparagraph (c), of the Regulation on Health and Security, to have medicines and medical equipment on board all ships checked at regular intervals not exceeding 12 months; if so, please state how many exceptions have been granted per year. The Committee further asks the Government to bring national law in line with this provision of the Convention, which does not permit any exceptions. Furthermore, it asks the Government to indicate measures taken or envisaged to ensure that checks are carried out at the prescribed intervals. Lastly, the Committee asks the Government to provide particulars concerning the status and qualifications of persons responsible for inspecting medicine chests and medical equipment.

Article 5, paragraph 5. Measures facilitating identification of contents of the medicine chest. The list “II-Medical Materials” from sections 1, 2 and 3 of Annex IV to the Regulation on Health and Security has not been received by the Committee. The Committee requests the Government to indicate by what means it is ensured that the medicines are labelled with generic names in addition to any brand names used, expiry dates and conditions of storage.

Article 5, paragraph 6. Measures for the transport of dangerous cargo. General measures to safeguard health and safety for workplaces and jobs involving working with flammable, explosive, dangerous and harmful solid, liquid and gaseous substances are laid down in the Ordinance on precautions required in workplaces working with flammable, explosive, dangerous and harmful substances. Section 6, subparagraph (a), of the Regulation on Health and Security requires the shipowner to provide for “ships carrying any of the dangerous substances listed in Annex III to the Regulation having on board medical supplies including at least the antidotes listed in Part C of Annex I” to the Regulation but is not sufficiently specific. The Committee asks the Government to indicate whether national laws or regulations include the provisions of the Medical First Aid Guide for Use in Accidents involving Dangerous Goods, published by the IMO, for the classification of cargo as dangerous. It further requests the Government to indicate by what means it is ensured that, where a cargo which is classified as dangerous has not been included in the most recent edition of the Medical First Aid Guide for Use in Accidents involving Dangerous Goods, the necessary information on the nature of the substances, the risks involved, the necessary personal protective devices, the relevant medical procedures and specific antidotes is made available to the master, seafarers and other interested persons, and that such specific antidotes and personal protective devices shall be on board.

Article 6, paragraph 2. Usability of the medical guide. According to section 8, subparagraph (a), of the Regulation on Health and Security, the medical guide required on board shall particularly include the instructions for the use of the antidotes specified in Annex II to the Regulation on Health and Security. Annex II or other related information is not available to the Committee. The Committee asks the Government to supply a sample copy of the medical guide adopted or approved by the Ministry of Health.

Article 6, paragraph 3. Incorporation of international recommendations for content of the medical guide. The Committee asks the Government to indicate by what means it is ensured that, when adopting or reviewing the ship’s medical guide used nationally, the Ministry of Health takes into account international recommendations in this field, including the International Medical Guide for Ships (third edition of 2008) and the most recent edition of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods.

Article 7, paragraph 3. Optimum use of facilities for medical advice. The Government stated that the contact numbers of the Tele-health Centre are brought to the attention of associations and institutions concerned and to shipping agencies. The Committee asks the Government to indicate by what means it is ensured that: (a) ships equipped with radio installations are required to carry on board the supplied list of radio stations through which medical advice can be obtained worldwide; (b) ships equipped with a system of satellite communication are required to carry on board a complete list of coast earth stations through which medical advice can be obtained; and (c) the lists are kept up to date and in the custody of the person on board responsible for communication duties.

Article 8, paragraph 2. Further ships required to carry a medical doctor. According to section 4, subparagraph (d), of the Regulation on Health and Security, a ship classification was included in Annex I to the Regulation on Health and Security. Annex I or other related information is not available to the Committee. The Committee asks the Government to provide Annex I with its next report and to specify the ships or classes of ships determined by national laws or regulations for the purpose of giving effect to this provision.

Article 9, paragraph 2, subparagraphs (a) and (b). Medical skills course for seafarers. Section 8, paragraph (c), of the Regulation on Health and Security requires that “the master and any seafarer charged with medical care” pursuant to section 7, paragraph (a), of the Regulation “have to receive special training updated periodically, at least every five years, taking into account the specific risks and needs connected with the different categories of vessels and in accordance with the general guidelines”. Section 21 of the Regulations for Seafarers makes it mandatory for all officers to pass first aid courses and for masters and chief officers to pass medical care courses. A differentiation between ships of less and above 1,600 GT is not made. National laws or regulations stipulating the details for medical training of personnel on board ships are not available. The Committee asks the Government to provide details of the elementary training that enables persons, who are not doctors and who are charged with the provision of medical care on board ships of less than 1,600 GT, ordinarily capable of reaching qualified medical facilities within eight hours, to take immediate effective action in case of accidents or illnesses likely to occur on board ships and to make use of medical advice by radio or satellite communication. The Committee further requests the Government to indicate whether the advanced medical training required by subparagraph (b) includes practical training in hospitals, whenever possible, under the supervision of a physician with a thorough knowledge of the medical requirements relating to seafarers.

Article 9, paragraph 3. Basis of course. Information on the general medical training courses demanded from seafarers or on the medical care courses that chief officers have to complete is not available. The Committee asks the Government to indicate by what means it is ensured that the courses in first aid and medical care are based on the contents of the International Medical Guide for Ships (third edition of 2008), the most recent edition of the Medical First Aid Guide for Use in Accidents involving Dangerous Goods, the most recent edition of the Document for Guidance – An International Maritime Training Guide, and the medical section of the International Code of Signals as well as similar national guides.

Article 11, paragraph 4. Location of ship’s hospital. Section 5, subparagraph (c), of the Regulation on Health and Security requires ships with more than 500 GT and a crew of 15 or more seafarers engaged on a voyage of more than three days to have a sickbay so that the medical treatment can be administered under satisfactory material and hygienic conditions. The Committee asks the Government to provide information on how it is ensured that the accommodation in the sickbay is suitably situated so that it is of easy access and that the occupants may be comfortably housed and may receive proper attention in all weathers.

Article 11, paragraph 5. Design of ship’s hospital. Section 5, subparagraph (c), of the Regulation on Health and Security does not indicate whether the accommodation in the sickbay is so designed as to facilitate consultation and the giving of medical first aid. The Committee asks the Government to provide information on whether the accommodation in the sickbay is so designed as to facilitate consultation and the giving of medical first aid.

Article 11, paragraph 6. Comfort of occupants of hospital. Section 5, subparagraph (c), of the Regulation on Health and Security and section 67 of the Regulation with Regard to Lodging Place, Health, Food and Catering (Ships’ Crews) require ships carrying a crew of up to 15 members to have a single-bedded sickbay and ships carrying over 15 crew members to have double-bedded sickbays. Further requirements are not stipulated. The Committee asks the Government to provide information on how it is ensured that the arrangement of the entrance, lighting, ventilation, heating and water supply is designed to ensure the comfort and facilitate the treatment of the occupants.

Article 11, paragraph 8. Separate facilities for occupants of hospital. Neither the Government nor available legislation provide further specifics on this provision. The Committee asks the Government to provide information on whether water closet accommodation is provided for the exclusive use of the occupants of the sickbay accommodation, either as part of the accommodation or in close proximity thereto.

Article 11, paragraph 9. Provision of hospital accommodation for medical purposes only. The Committee asks the Government to provide information on how it is ensured that sickbay accommodation is not used for purposes other than medical purposes.

Article 12, paragraphs 1 and 2. Model standard medical report form. The Government refers to sections 61 and 62 of the Regulations for Seafarers subjecting seafarers to a medical check-up, which, depending on their age, they have to undergo on an annual or biannual basis. The forms used for the examination are not available. The Committee asks the Government to provide the standard medical report form used by ships’ doctors, masters or persons in charge of medical care on board, and hospitals or doctors ashore, specifically designed to facilitate the exchange of medical and related information concerning individual seafarers between ship and shore in cases of illness or injury.

Article 12, paragraph 3. Confidentiality. The Committee requests the Government to indicate by what means it is ensured that the information contained in the medical report form is kept confidential and is used for no other purpose than to facilitate the treatment of seafarers.

Article 13. International Cooperation. The Government report states that Turkey has concluded 22 bilateral and multilateral social security agreements. Information on agreements to promote the protection of health of seafarers and their medical care on board ship is not available. The Committee requests the Government to supply information on any measures taken in accordance with this Article, including copies of relevant bilateral or multilateral social security agreements.

Part III of the report form. The Government stated that the application of the Code on Sea Labour was entrusted to the Ministry of Labour and Social Security, the Directorate General of Security of the Ministry of the Interior of the Republic of Turkey and the Directorate General of Borders and Coast Health of the Ministry of Health. The Committee requests the Government to describe by what methods the application of the national legislation, administrative regulations, etc. is supervised.

Part V of the report form. According to the Government, no practical difficulty had been encountered in the application of the Convention. The Committee requests the Government to supply information on the number of seafarers covered by the measures giving effect to the Convention and, if applicable, the number and nature of contraventions reported.

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

The Committee notes the Government’s first report on the application of the Convention. It wishes to draw the Government’s attention to the following points.

Article 1, paragraph 1, of the Convention. Definition. Section 1 of the Code on Sea Labour (Code) stipulates that it “will be applied to the seamen who work under contract on ships carrying the Turkish flag and sailing on the seas, lakes and rivers and of 100 gross tons (GT) and over, and to the employers of the seamen”. The Convention, however, does not link its application to a minimum of 100 GT, but requires the ship to be “ordinarily engaged in maritime navigation”. The Maritime Labour Convention, 2006, in Article II, paragraph 1, subparagraph (i), does also not refer to any minimum tonnage, but relates solely to the maritime navigation of ships. The tonnage limitation in national legislation is therefore not in line with the Convention. The Committee requests the Government to indicate how it is ensured that persons working on board all seagoing ships, including those of less than 100 GT, are covered by the relevant national provisions giving effect to the Convention.

Article 1, paragraph 2. Commercial maritime fishing. According to section 1 of the Code, the provisions concerning maritime labour contracts, and thus the provisions of sections 21–25 of the Code governing repatriation, apply to all maritime vessels of more than 100 GT, if not otherwise authorized by the Council of Ministers. Neither the Code nor the information contained in the Government’s report indicate that national legislation expressly excludes fishing vessels. The Committee requests the Government to clarify whether the relevant provisions apply to commercial maritime fishing, and to indicate whether consultations with the representative organisations of fishing vessel owners and fishers have been held on the matter.

Article 2, paragraph 1(f). Ship bound for war zone. Section 1 of the Law on How Transportation and Communication Services are to be Carried Out in Extraordinary Situations and During Wartime (Extraordinary Situations Law) provides that corporations of maritime shipping “for the provision of transportation and communication services”, which are more than 50 per cent publicly owned, “shall carry on such services in extraordinary situations and during times of war under the directives and coordination of the Ministry of Transportation”. Section 6 of the Extraordinary Situations Law further states that “during extraordinary situations and wars, where available appropriations do not suffice and the time is not enough for the obtainment of new appropriations, the Council of Ministers shall be entitled to implement Article 58 of the General Accounting Act in order to ensure uninterrupted fulfilment of transportation and communication activities under the directives and coordination of the Ministry of Transportation”. The Committee requests the Government to explain whether in the event of a ship being bound for a war zone to which the seafarer does not consent to go, national laws or regulations or collective agreements provide for the repatriation of a seafarer, especially in light of sections 1 and 6 of the Extraordinary Situations Law. It also asks the Government to give the definition of a “war zone”.

Article 2, paragraph 1(g). Termination or interruption of employment in accordance with an industrial award or collective agreement. The Committee requests the Government to indicate how it is ensured that in the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employment for any similar reason, a seafarer shall be entitled to repatriation.

Article 2, paragraph 2. Maximum duration of service periods. The Committee requests the Government to state the maximum duration of service periods on board, following which a seafarer is entitled to repatriation, the factors which have been taken into account in determining these periods, and the measures which may have been taken or envisaged to reduce them.

Article 3, paragraph 2. Selection of destinations for repatriation. Section 22 of the Code permits foreign seafarers to determine their place of repatriation, by stating that “the employer or the representative of the employer has the obligation to return the foreign seaman to the port at the residence of the seaman, if there is no separate provision in the contract concluded with that seaman”. It appears, however, that Turkish seafarers do not have the right to choose from among the prescribed destinations the place to which they are to be repatriated. The Committee requests the Government to indicate the measures taken or envisaged to ensure that destinations to which foreign as well as Turkish seafarers may be repatriated, include the place at which the seafarer agreed to enter into the engagement, the place stipulated by collective agreement or such other place as may be mutually agreed at the time of engagement. It further asks the Government to indicate the measures taken or envisaged to ensure that all seafarers have, in fact, the right to choose from among the destinations prescribed in this paragraph, the place to which they are to be repatriated.

Article 4, paragraph 1. Shipowner’s responsibility to repatriate. There is no information available in national legislation as to whether the normal mode of transport shall be by air. The Committee requests the Government to provide information whether the normal mode of transport is by air.

Article 4, paragraph 3, and Article 5, subparagraph (c). Recovery of repatriation costs from seafarers. Section 21 of the Code entitles the employer to have recourse to the seafarer not only in cases of serious default of the seafarer’s employment obligation, but also if the seafarer terminates the employment contract in the case that the salary is not paid according to the provisions of the law or the contract (section 14, paragraph II, subparagraph (a), of the Code), or that “the employer or his representative violates vis-à-vis the seaman, the laws, the labour contract or the other work conditions” (section 14, paragraph II, subparagraph (b), of the Code). Section 21 of the Code thus allows shipowners to have recourse to seafarers who have exercised their right to terminate the employment contract because of the shipowners’ flagrant breach of contractual obligations. Therefore, the Committee requests the Government to indicate the measures taken or envisaged to ensure that recovery from seafarers can only be sought for those cases in which the seafarers are found, in accordance with national laws or regulations or collective agreements, to be in serious default of their employment obligations.

Article 4, paragraph 4(a). Repatriation destination. Section 21 of the Code states that “the employer or the representative of the employer has the obligation to return the seaman to the registration port of the ship and pay for expenses related to returning the seaman such as the transport and food costs, and the unavoidable expenses”. As indicated above under Article 3, paragraph 2, not all seafarers have the right to choose from among the prescribed destinations the place to which they are to be repatriated. Therefore, the Committee asks the Government to indicate the measures taken or envisaged to ensure that the shipowner covers the costs for the repatriation both of Turkish and of foreign seafarers to the destinations selected by them in accordance with Article 3, paragraph 2, of this Convention.

Article 4, paragraph 4(d). Transportation of 30 kg of the seafarer’s luggage. The Committee requests the Government to provide information on whether the cost to be borne by the shipowner includes transportation of 30 kg of the seafarer’s personal luggage to the repatriation destination.

Article 4, paragraph 4(e). Medical treatment to enable repatriation. The Committee asks the Government to provide information whether the cost to be borne by the shipowner includes medical treatment when necessary until the seafarer is medically fit to travel to the repatriation destination.

Article 4, paragraph 5. Seafarer’s contribution to repatriation costs. The Committee asks the Government to indicate by what means it is ensured that the shipowner neither requires seafarers to make an advance payment towards the cost of repatriation at the beginning, of their employment, nor recovers the cost of repatriation from the seafarers’ wages or other entitlements except as provided for in Article 4, paragraph 3, of the Convention.

Article 5, subparagraph (a). Obligation of member States to arrange for repatriation. The Committee asks the Government to specify how it is ensured that the competent authority makes arrangements for, and meets the cost of repatriation, if a shipowner or the Member in whose territory the ship is registered fails to make arrangements for the seafarer’s repatriation.

Article 5, subparagraph (b). Recovery of repatriation costs from shipowner. The Committee asks the Government to indicate whether there are national laws or regulations that enable national authorities to recover costs incurred in repatriating seafarers, from the shipowner of a ship registered in Turkey.

Article 6. Delivery of identity documents to seafarers for repatriation. The Committee asks the Government to indicate how it is ensured that seafarers who are to be repatriated are able to obtain their passport and other identity documents for the purpose of repatriation.

Article 7. Non-deduction of waiting time from accrued paid leave. The Government’s report refers to section 40 of the Code. This provision, however, refers to the seafarer’s right to annual paid vacation in general, but does not touch upon time awaiting repatriation. The Committee asks the Government to indicate by what means it is ensured that time spent awaiting repatriation and repatriation travel time are not deducted from paid leave accrued to the seafarer.

Article 12. Availability of Convention text to crew members. The Committee asks the Government to provide information by what means it is ensured that the text of this Convention is available in an appropriate language to the crew members of every ship registered in Turkey.

Part III of the report form. The Government states that the application of the Code is entrusted to the Ministry of Labour and Social Security, Prime Ministry Under-Secretariat of Maritime Affairs and the Directorate-General for Security of the Ministry of the Interior of the Republic of Turkey. The Committee requests the Government to describe by what methods the application of the relevant national legislation, administrative regulations, etc. is supervised.

Part V of the report form. The Government reports that no practical difficulty had been encountered in the application of the Convention. The Committee requests the Government to supply information on the number of seafarers covered by the measures giving effect to the Convention and, if applicable, the number and nature of infringements reported.

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

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

Article 1 of the Convention. Scope of application and exceptions. Section 4 of the Code on Sea Labour (Code) states that “the provisions of this Code will be applied to the seamen who work on the ships that are included in the scope of this Code and are the citizens of the countries, which according to the principle of reciprocity grant the rights of the same nature to the Turkish seamen”. Article 1, paragraph 1, does not limit the scope of application of the Convention to seafarers whose countries grant reciprocal rights but “to all persons employed on board any vessel”.

Furthermore, section 1 of the Code indicates that it “will be applied to the seamen who work under contract in the ships carrying the Turkish flag and sailing on the seas, lakes and rivers and weighing 100 gross tons (GT) and over and to the employers of the seamen. The vessels such as boats, barges, flat-bottomed boats, small lighters will also be considered as ships”. The Convention, however, does not link its application to a minimum weight of 100 GT, but requires the ship to be “ordinarily engaged in maritime navigation”; it permits exceptions only for persons employed on board boats of less than 25 GT (Article 1, paragraph 2(a)(iii)).

The Committee requests the Government to indicate the measures taken or envisaged to ensure that the Convention is applied to all persons employed on board any Turkish vessel ordinarily engaged in maritime navigation (Article 1, paragraph 1). Furthermore, it requests the Government to ensure that no exceptions to the application of the provisions of the Convention are made, in national law and practice, for vessels of less than 100 GT, as provided for in Article 1, paragraph 2(a)(iii), which only permits exceptions for boats of less than 25 GT.

Article 2, paragraph 2(a). Exceptions to shipowner’s liability. According to section 1 of the Social Insurance Act, benefits to insured seafarers are paid for the cases of “work accidents, occupational diseases, sickness, maternity, invalidity, old age and death”. Neither the Government report nor the available legislation provide an indication whether exceptions exist to the shipowner’s liability in respect of injuries incurred otherwise than in the service of the ship. The Committee requests the Government to provide information whether any national laws or regulations make exceptions to the shipowner’s liability in respect of injuries incurred otherwise than in the service of the ship.

Article 2, paragraph 3. Refusal to undergo medical examination. In the absence of relevant information, the Committee requests the Government to provide information whether the Social Security Institution’s or the shipowner’s liability can be restricted, if at the time of engagement the person employed refused to be medically examined.

Article 3, paragraph (b). Provision of board and lodging. Although section 12, paragraph (F), of the Social Insurance Act requires the institution to pay for all costs resulting from a necessary treatment outside of Turkey, it is not clear whether the institution, in lieu of the shipowner, has to provide board and lodging to the seafarer after an occupational injury. The Committee requests the Government to indicate what, if any, standards of board and lodging are prescribed in the national legislation, and what, if any, limitation of the total or rate of expenditure for board and lodging is provided for.

Article 5, paragraph 1(a). Scope of shipowner’s liability. Whereas according to section 15, paragraph 1, of the Social Insurance Act, the primary responsibility for the provision of sickness and accident benefits remains with the shipowner, the institution may take over this responsibility (section 12, paragraph (B), of the Act). While the Convention provides for the shipowner to pay full wages as long as the sick or injured person remains on board, the Act does not differentiate between the sick or injured person being on or off board. According to section 89, paragraph 1, of the Act, an insured person who suffers from a temporary incapacity for work, receives an “allowance of temporary incapacity amounting to two-thirds of his or her daily earnings when receiving outpatient treatment and one-half when receiving hospital treatment”. The Committee requests the Government to provide information whether measures are taken or envisaged to ensure that full wages are paid to the sick or injured person while remaining on board.

Article 6, paragraph 2. Destination for repatriation. Section 21 of the Code states that “the employer or the representative of the employer has the obligation to return the seaman to the registration port of the ship”. If the termination of the employment contract occurs in a Turkish port, the employer is responsible to return the seafarer to the Turkish port where the ship is registered in (section 23 of the Code). Section 22 of the Code permits foreign seafarers to determine their place of repatriation, by stating that “the employer or the representative of the employer has the obligation to return the foreign seaman to the port at the residence of the seaman, if there is no separate provision in the contract concluded with the foreign seaman”. It appears, however, that Turkish seafarers do not have the right to choose the place to which they are to be repatriated. The Committee asks the Government to indicate the measures taken or envisaged to ensure that destinations to which all seafarers, Turkish as well as foreign, may be repatriated, include the port at which the seafarer was engaged
(paragraph 2(a)), the place at which the voyage commenced (paragraph 2(b)) or another port agreed upon by the seafarer and the master or shipowner, with the approval of the competent authority (paragraph 2(d)).

Article 6, paragraph 3. Repatriation expenses. According to section 21 of the Code, the obligation of the employer encompasses “to return the seaman to the registration port of the ship and pay for expenses related to returning the seaman such as the transport and food costs, and the unavoidable expenses”. The Committee requests the Government to provide information as to whether the cost to be borne by the Social Security Institution or the shipowner includes medical treatment, when necessary, until the seafarer is medically fit to travel to the repatriation destination.

Article 8. Property left on board. According to section 83 of the Regulations for Seafarers, only the seaman’s book and certificates of a deceased seafarer are to be delivered to the nearest harbour authority. The Convention requires that all property left on board by sick, injured or deceased persons has to be safeguarded by the shipowner. The Committee requests the Government to indicate whether national laws or regulations exist ensuring that the shipowner or his representative takes measures for safeguarding property left on board by sick, injured or deceased persons to whom this Convention applies.

Article 9. Settlement of disputes. The Committee requests the Government to indicate whether national laws or regulations exist ensuring the rapid and inexpensive settlement of disputes concerning the liability of the shipowner under the Convention. It further requests the Government to provide information what, if any, provision is made for decisions having interim effect as regards disputes which occur abroad.

Article 11. Equal treatment. The Government reports that section 4 of the Code provides that “the provisions of this Code will be applied to the seamen who work on the ships that are included in the scope of this Code and are the citizens of the countries, which according to the principle of reciprocity grant the rights of the same nature to the Turkish seamen”. The Committee requests the Government to provide information on how national laws and regulations relating to benefits under this Convention are interpreted and enforced in order to ensure equality of treatment to all seafarers working on Turkish vessels.

Part III of the report form. The Government indicates that the Ministry of Labour and Social Security and the inspectors of the Social Security Institution are entrusted with the application of the relevant national legislation. The Committee requests the Government to indicate by what methods the application of national legislation is supervised and enforced and to supply information on the organization and working of the inspections.

Part IV of the report form. The Committee requests the Government to provide information whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and, if so, to supply the text of these decisions.

Part V of the report form. The Government has specified the total number of seafarers serving on ships which are subject to the provisions concerning shipowners’ liability, etc. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Turkey, by providing the number of seafarers who have been assisted in virtue of these provisions, distinguishing, if possible, between persons left ashore in the territory in which the ship is registered and those left ashore elsewhere; and the total expenditures incurred by the Social Security Institution.

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

The Committee notes the Government’s first report on the application of the Convention. It wishes to draw the Government’s attention to the following points.

Article 2, paragraph 1, of the Convention. Issuance of seafarers’ identity documents. The Government reports that, in accordance with section 20 of the Passport Act No. 5682, seafarers’ identity documents designed for crew members who are nationals on Turkish ships sailing out of the territorial sea have the same effect as a passport when confirmed by the General Directorate for Security of the Ministry of Interior and are used in lieu of a passport in international maritime navigation at arrival and departure points. The Committee requests the Government to indicate whether seafarers are able to apply by themselves for a seafarer’s identity document.

Article 3. Retention of seafarer’s identity document by the seafarer. The Committee requests the Government to indicate whether the seafarer’s identity document remains in the seafarer’s possession at all times.

Article 4, paragraphs 1, 2, 3 and 5. Form and content of the seafarer’s identity document. The specimen of the seafarer’s identity document, which was supposed to have been appended to the Government’s report, has not been received by the Office. The Committee requests the Government to transmit a specimen of an up to date seafarer’s identity document and to specify whether the validity is clearly indicated in it.

Article 4, paragraph 6. Consultations with organizations concerned. The Government does not give details on the consultations held, especially concerning the revision of the old seafarer’s identity document. The Committee requests the Government to provide details on the consultations held pursuant to this paragraph, especially concerning the revision of the old seafarer’s identity document.

Article 5, paragraphs 1 and 2. Re-admission to Turkish territory. The Government does not provide information on the seafarer’s right to re-admission to Turkish territory. Seafarers’ identity documents are also issued to nationals of the Turkish Republic of Northern Cyprus and to foreigners of Turkish origin. The Committee, therefore, asks the Government to indicate whether any seafarer who holds a valid Turkish seafarer’s identity document is entitled to return to Turkey (Article 5, paragraph 1). It also requests the Government to indicate whether the seafarer who holds a Turkish seafarer’s identity document is re-admitted, in accordance with Article 5, paragraph 2, to Turkish territory during a period of at least one year after any date of expiry indicated in the seafarer’s identity document.

Article 6, paragraph 2. Entry into the territory. The Government reports that seafarers from countries requiring a visa for Turkey need to provide supporting evidence when they request entry into Turkish territory for the purposes indicated in this paragraph. The Committee requests the Government to indicate the national provisions or any other measures which ensure that a seafarer holding a valid seafarer’s identity document containing space for appropriate entries is permitted to enter the country for the purpose of:

(a)   joining his ship or transferring to another ship;

(b)   passing in transit to join his ship in another country or for repatriation; or

(c)   any other purpose approved by the authorities of the Member concerned, as required by this provision of the Convention.

Part IV of the report form. The Committee requests the Government to provide information, whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and, if so, to supply the text of these decisions.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Turkey, e.g. information concerning the number of seafarers’ identity documents issued, any difficulties encountered in the application of the Convention, etc.

Finally, the Committee draws the Government’s attention to the entry into force of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and asks the Government to indicate whether it is giving consideration to ratifying this instrument, in order to bring the seafarers’ identity documents issued to Turkish seafarers up to date and to minimize possible problems for Turkish nationals when requesting shore leave, transit, etc.

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

Article 2, subparagraph (b), of the Convention. Inspection of food, water and accommodation. In its report, the Government indicates that section 49 of the Maritime Labour Act No. 854 of 20 April 1967 provides that any supervision, inspection and monitoring arising from the implementation of the Act will be carried out by the Ministry of Labour and Social Security.

Section 5 of the Regulations on Accommodation, Food and Catering for Seafarers and Seafarers’ Health of 20 December 1989, confirms that the officials of the Ministry of Labour and Social Security responsible for monitoring and inspection will perform inspections with a view to ensuring that the regulations are properly enforced.

Section 7(c) of the Decree-Law on the Organization and Duties of the Under-Secretariat for Maritime Affairs No. 491 of 1 August 1993 describes the duties of the General Directorate for Maritime Transport which consist, in particular, of inspecting Turkish vessels to ensure safety of life and property on board.

Given the overlapping duties of the General Directorate for Maritime Transport of the Under-Secretariat for Maritime Affairs and of the Ministry of Labour and Social Security, the Committee asks the Government to submit additional information on the interaction between the inspections performed by the Ministry of Labour and Social Security and the inspections carried out by the General Directorate for Maritime Transport.

Article 2, subparagraph (d). Research, educational and propaganda work. The Government in its report indicates that this provision of the Convention is applied within the framework of the Food and Accommodation Regulations. The Committee asks the Government to describe the manner in which the competent authority (the Ministry of Labour and Social Security and the Ministry of Health) discharges its functions in relation to research, education and publications concerning the methods of ensuring proper food supply and catering service.

Article 3. Cooperation with shipowners’ and seafarers’ organizations and national or local authorities. With the exception of the provisions concerning the Food Allowance Board, the Food and Accommodation Regulations do not contain any provision referring to arrangements for cooperation. The same holds true for the Maritime Labour Act and the Seafarers’ Regulations. No indications have been given as to the national and local authorities concerned and as to the manner in which the governmental administrations interact. The Committee asks the Government to furnish particulars concerning:

(i)    the other national and local authorities concerned with questions of food and health;

(ii)   the arrangements made to ensure cooperation between the Ministry of Labour and Social Security, the Ministry of Health and the Under-Secretariat for Maritime Affairs, on the one hand, and, on the other, the shipowners’ and seafarers’ organizations and national or local authorities concerned with questions of food and health;

(iii) measures taken to ensure coordination between the activities of the various authorities.

Article 4. Permanent and qualified staff of the competent authority. In its report, the Government does not give information on the status and qualifications of the officials of the Ministry of Health competent to handle food and catering of ships’ crews.

In its most recent observation (2006) on the application of Convention No. 81, the Committee noted, among other things, that the total number of labour inspectors has decreased significantly. Comments were made on the issue by workers’ organizations.

The Committee, therefore, asks the Government to:

(i)    provide information on the status and qualifications of the officials of the Ministry of Health competent to handle food and catering of ships’ crews;

(ii)   describe the manner in which labour inspectors of the Ministry of Labour and Social Security can effectively discharge their functions in relation to the matters mentioned in Article 2, subparagraph (b), of the Convention and, in particular, whether they benefit from any relevant training and receive any specific means;

(iii) submit further information on the qualifications, status and duties of the maritime affairs experts of the Under-Secretariat for Maritime Affairs and provide a copy of the regulations mentioned in section 26 of the Decree-Law on the Organization and Duties of the Under-Secretariat for Maritime Affairs.

Article 6. System of inspection by the competent authority provided under national laws or regulations. In its report, the Government refers to the information given under Articles 2, 4, 8 and 9 of the Convention without submitting further indications.

The Committee asks the Government to:

(i)    adopt laws or regulations to provide, as required by this provision of the Convention, for a system of inspection by the competent authority of food and water supplies, related spaces and equipment, galleys and other equipment for the preparation of meals and qualifications of staff members of the catering department;

(ii)   furnish particulars on the organization and working of labour inspection in practice as far as food and catering issues on board are concerned;

(iii) indicate whether the inspectors of the Inspection Board of the Under-Secretariat for Maritime Affairs sometimes come across matters relating to food and catering on board and, if so, the manner in which they interact with the labour inspectors of the Ministry of Labour and Social Security.

Article 7, paragraph 1. Inspections at sea. The Committee asks the Government to indicate:

(i)    whether the inspection by the catering board provided under section 27 of the Food and Accommodation Regulations also encompasses the inspection of the spaces and equipment used for the storage and handling of food and water, and galley and other equipment for the preparation and service of meals;

(ii)   whether the internal regulations provided for under section 15 of the Food and Accommodation Regulations systematically indicate the intervals at which inspections at sea should be carried out by the catering board.

Article 7, paragraph 2. Record of inspections. The Food and Accommodation Regulations do not specify whether the results of the inspection by the catering board are recorded, for example in the catering logbook. Please indicate whether the results of the inspections by the catering board are systematically recorded, for example in the catering logbook provided for under section 6 of the Food and Accommodation Regulations.

Article 8. Special inspection following complaints. In its report, the Government describes in general terms the procedure applicable to complaints and requests submitted to the regional administration of the Ministry of Labour and Social Security, but does not explain how this procedure is implemented in practice in relation to the matters governed by the Convention. The Committee notes that, in accordance with the Food and Accommodation Regulations, the internal regulations must indicate the disciplinary procedures to which the catering service personnel are subject and the competent authority to which the complainant shall apply. The Committee further notes that, under section 27 of the Regulations, any unresolved complaint concerning the catering service submitted to the chairperson of the catering board, shall be recorded in the catering logbook. Please provide more detailed information on the implementation of the procedure established for dealing with complaints falling within the scope of the Convention. Specifically, please:

(i)    explain how the procedure normally applicable to complaints submitted to labour inspectors is implemented in an effective manner in the case of complaints concerning food and catering on board;

(ii)   describe the disciplinary procedures to which the catering service personnel are subjected in the internal regulations required under section 15 of the Food and Accommodation Regulations, and specify the competent authorities responsible for implementation;

(iii) indicate what follow-up is given to unresolved complaints concerning the catering service that are recorded in the catering logbook.

Article 9, paragraph 3. Regular reports. The Government indicates that labour inspectors’ programmes of work are established on an annual basis divided according to monthly work assignments. In principle, labour inspectors are expected to complete their work assignments and to report by the end of the month. Please indicate by what means it is ensured that the regular reports submitted by labour inspectors are framed on uniform lines.

Article 10. Annual report of the competent authority.  In its report, the Government indicates that the chairperson of the Labour Inspection Board prepares each year a report which is regularly transmitted to the ILO. The last report was transmitted on 23 May 2006. No specific information on the maritime sector and, in particular, on food and catering on board, was contained in this report. The Committee requests the Government to ensure that the annual report of the Labour Inspection Board covers food and catering of ships’ crews and is made available to all bodies and persons concerned. Please provide information on any progress made in this respect.

Article 11. Training and refresher courses. In its report, the Government indicates that under the Seafarers’ Regulations, training courses are organized for staff members working in the catering department of ships. These training courses are organized by private schools authorized by the Minister of National Education upon recommendation of the Under-Secretariat for Maritime Affairs.

Section 4(5) of the Seafarers’ Regulations provides for “Directives for Training and Assessment”, which should identify training and education requirements for seafarers. Section V of the Regulations deals with quality standards in training, testing, certification, assessment and inspection but does not provide for any training or refresher courses.

The Committee asks the Government to:

(i)    provide further details on the training courses organized for staff members employed in the catering department of seagoing ships and, in particular, on the schools organizing such courses and the contents of the courses;

(ii)   indicate whether refresher courses are organized and give details of such courses;

(iii) submit a copy of the “Directives for training and assessment” referred to in section 4(5) of the Seafarers’ Regulations.

Article 12. Collection and publication of information. Please describe the measures taken or envisaged to ensure that the competent authority, designated to discharge the functions provided for under Article 2, subparagraph (d), of the Convention, effectively collects information on nutrition, methods of storing, preserving, cooking and serving food, with special reference to the requirements of catering on board ship, and makes it available to interested persons.

Part IV of the report form. Court decisions. Please state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, supply the text of these decisions.

Part V of the report form. Practical application. Please give a general appreciation of the manner in which the Convention is applied in Turkey, including, for instance, extracts from the reports of the inspection and registration services, any available information as to the number and nature of complaints which may have been made by members of ships’ crews (Article 8), and the penalties imposed (Article 9).

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

The Committee notes the information provided in the Government’s first report. It draws the Government’s attention to the following points.

Article 4, paragraphs 1, 3 and 4, of the Convention. Examinations and certificates of qualifications. With regard to the granting of certificates of qualification, the Government firstly refers to provisions set forth in the Regulations on Seafarers of 31 July 2002, which provide that the Seafarers’ Examination Centre is the only authority responsible for the organization of examinations. Given the very general nature of these provisions, the Committee asks the Government to indicate the specific nature of the examinations (including the practical tests), which are to be passed in order to obtain a ships’ cooks certificate.

Secondly, the Government states that students who have attained qualifications from vocational colleges governed by the Ministry of National Education may also be employed as ships’ cooks after having received supplementary skill training on living conditions and adapting to life on board ship. The Government states that specific programmes for obtaining the ships’ cooks certificate may also be set up with these colleges, in agreement with the departmental prefect. The Committee asks the Government to indicate whether, upon completion of the training provided by vocational colleges, specific examinations are held in order to obtain the ships’ cooks certificate. The Government is also requested to indicate: (i) the authority or authorities which organize and issue this certificate; and (ii) the nature of the examinations (including the practical tests) which are to be passed.

Article 6. Recognition of certificates. Section 54 of the Regulations on Seafarers provides that, in order to be recognized, the certificates issued by foreign authorities must be compatible with rule 1/10 and section A-1/10 of the Code of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STWC). Since the STCW does not deal with ships’ cooks, the Committee asks the Government to indicate whether section 54 of the Regulations on Seafarers also applies to ships’ cooks and, if not, whether there are any similar provisions for the recognition of ships’ cooks certificates issued in other territories.

Part III of the report form. Supervision of the application of the Convention. The Government indicates that, according to section 49 of the Maritime Labour Act and section 91 of the Labour Act, the inspectors of the Ministry of Labour and Social Security are entrusted with the supervision of the application of national legislation. Section 91 of the Regulations on Seafarers, which regulates the acquisition of competency certificates of seafarers, provides, however, that the Ministry to which the Under-Secretariat of Maritime Affairs is attached, shall be responsible for supervising the application of the provisions contained in the Regulations on Seafarers. The Committee asks the Government to supply further information on the organization and working of inspection and, in particular, to describe the manner in which the activities of the Under-Secretariat of Maritime Affairs and of the labour inspectors of the Ministry of Labour and Social Security are coordinated.

Part IV of the report form. Decisions involving questions of principle. The Committee asks the Government to state whether courts of law or other tribunals have issued decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

Part V of the report form. Information on the application of the Convention in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in Turkey, including, for instance, extracts from official inspection service reports and, if such statistics are available,  information on the number of certificates issued.

The Committee also asks the Government to provide in its next report copies of the following documents:

–           Act No. 3308 on apprenticeship and vocational training;

–           regulations on vocational training;

–           directives for training and assessment referred to in section 4(5) of the Regulations on Seafarers.

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

The Committee notes the information supplied by the Government in its first report. It appears that the medical examination of seafarers as well as the procedure to be followed on the subject is dealt with in the Seafarers’ Health Directive, which entered into force on 18 March 2005 on instruction of the Minister of Health. The Committee requests the Government to supply a copy of this Directive, if possible in English or French, to allow it to examine in full the application of the Convention.

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

The Committee notes the information supplied by the Government in its first report. It draws the Government’s attention to the following points.

Article 3, paragraph 2(c), of the Convention. Adequate penalties. Regulation No. 25403 of 15 March 2004 on Rules and Guidelines regarding Construction, Alterations, Maintenance and Repair of Ships and Sea Vessels does neither contain any specific provisions on crew accommodation nor any applicable sanctions in case of their infringement. The Committee, therefore, asks the Government to specify the provisions on crew accommodation and the penalties applicable for any violation thereof.

Article 3, paragraph 2(d). Inspection system. The Government refers to the provisions concerning inspection of working conditions contained in the Labour Act. The Committee requests the Government to provide information on the organization and working of the inspection system specific to the maritime sector.

Article 3, paragraph 2(e). Consultation of shipowners’ and seafarers’ organizations. In the absence of information on the subject, the Committee asks the Government to indicate the provisions in national legislation requiring the competent authority to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate so far as practicable with such parties in the administration thereof.

Article 4, paragraph 1. Submission of plans of crew accommodation before construction of the ship. According to section 5 of Regulation No. 25403, prior to construction, the owner of the ship or his representative shall submit to the port authority two copies of form 1-A containing plans of the ship (form, transverse and longitudinal cut, etc.). The Committee asks the Government to indicate whether those plans include, on a prescribed scale, the location and general arrangement of crew accommodation.

Article 4, paragraph 2. Submission of detailed plans of crew accommodation before the construction or alteration of crew accommodation. Section 70 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, No. 20378, which provides for the submission of plans for the installation of sleeping rooms, recreation areas, mess rooms, washrooms, laundry rooms and sanitation facilities, only apply to vessels that are already built or being purchased. This section specifies that these plans shall be submitted when the employer or the owner of such a ship applies for a sailing permission. The Convention permits the submission, for approval by the competent authority, of the plans of the crew accommodation, when a ship is already built, only in the case of emergency or temporary alterations or reconstruction effected outside the territory of registration. The Committee, therefore, requests the Government to take measures to ensure that before the construction of the crew accommodation is begun and before the crew accommodation in an existing ship is altered or reconstructed, detailed plans of, and information concerning the accommodation, are submitted for approval to the competent authority; these plans shall show on a prescribed scale and in prescribed detail the allocation of each space, the disposition of furniture and fittings, the means and arrangement of ventilation, lighting and heating, and the sanitary arrangements. It further requests the Government to indicate to which authority these plans shall be submitted.

Article 5. Inspection. As the Government’s report contains no information on the issue, the Committee requests the Government to indicate the competent authority responsible for inspection, as well as the provisions in national law which ensure that the competent authority shall inspect each ship and satisfy itself that the crew accommodation complies with the requirements of the laws and regulations when: (i) a ship is registered or re-registered, or the crew accommodation has been substantially altered or reconstructed; and (ii) a complaint has been made to it.

Article 6, paragraphs 4 and 7. Vermin. According to section 53(l) of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, every possible measure shall be taken to prevent vermin in sleeping rooms. The Committee asks the Government to indicate whether those measures include: (i) the construction of internal bulkheads in an approved material which is not likely to harbour vermin; and (ii) the prohibition of tongued and grooved boarding or any other form of construction likely to harbour vermin.

Article 6, paragraph 8. Fire-prevention and fire-retarding measures in the construction of accommodation. In the absence of information, the Committee asks the Government to indicate whether the competent authority requires that fire-prevention or fire-retarding measures shall be taken in the construction of the accommodation.

Article 6, paragraph 10. Renewal of wall surfaces. Section 54 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that sleeping rooms shall constantly remain clean. Section 56(d) further provides that mess rooms shall be clean and bright. The Committee asks the Government to indicate whether this implies that the wall surfaces shall be renewed or restored as necessary.

Article 6, paragraph 11. Approval of the material and construction of the flooring of the crew accommodation. Section 38 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that the flooring of living quarters shall be damp-proof and easy to clean. The Committee asks the Government to indicate whether the material and construction of the flooring of the crew accommodation are approved by the competent authority.

Article 6, paragraph 12. Floorings of composition. As the report gives no information on the issue, the Committee asks the Government to indicate whether, where the floorings are of composition, the joinings with sides are to be rounded to avoid crevices.

Article 7, paragraph 5. Operation of ventilation system when the crew is on board. The Committee asks the Government to indicate whether the power for the operation of the aids to ventilation is available at all times when the crew is living or working on board and conditions so require.

Article 10, paragraph 5(a). Sleeping space allotted and employment of a larger number of ratings. In the absence of information, the Committee asks the Government to indicate the national law provisions which provide that, even in the case of ships in which are employed such groups of ratings as necessitate the employment of a substantially larger number of ratings than would otherwise be employed, the total sleeping space allotted to the group or groups is not less than would have been allotted had the numbers not been so increased.

Article 10, paragraph 6. Calculation of the area of sleeping rooms. Section 49 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that the surface covered by bunks, lockers, tables and chairs is included in the calculation of the area of sleeping quarters. The Committee asks the Government to indicate whether small or irregularly shaped spaces which do not add effectively to the space available for free movement and cannot be used for installing furniture are excluded from this calculation.

Article 10, paragraph 8. Sleeping rooms by department. The Convention applies to all vessels of 500 tons or over. If the ratifying State so wishes, it may extend application to vessels of 200–500 tons, which would constitute small ships. The Convention provides that each department shall be provided with a separate room or rooms, except for small ships for which exceptions may be granted by the competent authority. Moreover, the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), as well as the Maritime Labour Convention, 2006 (MLC) provide that each seafarer shall, as far as practicable, be provided with an individual sleeping room. However, exceptions may be permitted for ships of less than 3,000 tons, after consultation with shipowners’ and seafarers’ organizations (Standard 3.1, paragraph 9(a)). Nevertheless, section 51 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that on vessels of 3,000 tons (8,490 m³) or over, each department (deck and machine) shall have separate sleeping rooms. This clearly does not comply with the requirements of Convention No. 92 and of the MLC. The Committee, therefore, requests the Government to take measures to ensure that in ships of 500 tons (1,415 m³) or over each department is provided with a separate room or rooms.

Article 10, paragraph 9(a). Individual sleeping rooms for senior radio officers or operators. Section 52(a) of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that where there are several wireless and electricity officers, no more than three people may be berthed per cabin. According to the Convention, however, those officers shall be provided with an individual sleeping room. The Committee, therefore, asks the Government to indicate the measures envisaged to ensure that even when there are several radio or electricity officers on board a ship, they are provided with an individual sleeping room.

Article 10, paragraph 9(d). Maximum number of ratings per room. See comment under Convention No. 133.

Article 10, paragraph 10. Passenger ships – exceptions to the number of ratings per room. The Committee asks the Government to indicate whether, after consultation with the organizations of shipowners and/or the shipowners and the bona fide trade unions of seafarers, permissions have been granted in the case of certain passenger ships. With regard to the number of ratings per sleeping room, see comment under Article 5(3) of Convention No. 133.

Article 10, paragraph 28. Arrangement of berthing and watches. The Committee asks the Government to indicate whether, as far as practicable, berthing of crew members are so arranged that watches are separated and that no daymen share a room with watchkeepers.

Article 11, paragraph 3. Separate mess rooms. Whereas section 55 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that on every vessel seafarers shall eat their meals in the places assigned to them according to class, it does not specify whether, in ships of 1,000 tons (2,830 m³) or over, deck and engine departments petty officers and other ratings are provided with separate mess room accommodation. The Committee, therefore, asks the Government to indicate whether in practice, separate mess room accommodation is provided in ships of 1,000 tons (2,830 m³) and over for: (i) deck department petty officers and other ratings; and (ii) engine department petty officers and other ratings.

Article 11, paragraph 4. Separate mess rooms for the catering department. According to section 55 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, in ships of 5,000 tons (14,150 m³) or over with more than five persons in the catering department, a separate mess room shall be assigned to the seafarers of this department. The Committee asks the Government to indicate whether, in conformity with the Convention, adequate provisions exist for ships of less than 5,000 tons (14,150 m³).

Article 11, paragraph 7. Mess room accommodation and exceptions. In the absence of information, the Committee asks the Government to indicate whether exceptions to the rules concerning mess room accommodation, as may be necessary to meet the special conditions in passenger ships, have been permitted by the competent authority.

Article 11, paragraph 9. Facilities for washing utensils. Section 56 (c) of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that mess rooms must be equipped with buffets for serving the meals and stands on which crockery and cutlery can be set out. The Committee asks the Government to indicate whether proper facilities for washing utensils are provided even where available pantries are not accessible to mess rooms.

Article 11, paragraph 10. Mess rooms – material for tops of seats. Section 56(e) provides that dining tables shall be covered with a material easy to clean and that officers’ tables shall have tablecloths. According to paragraph (d) of this section, mess rooms shall also be well ventilated. The Committee asks the Government to indicate whether seats are also of a damp-resisting material capable of being easily cleaned.

Article 13, paragraph 2(d). Adjacent sanitary facilities. The national legislation does not deal specifically with the situation provided for under this subparagraph. The Committee asks the Government to indicate whether in ships where the radio officers or operators are accommodated in an isolated position, sanitary facilities near or adjacent thereto are provided.

Article 13, paragraph 3 and 4. Allocation of water closets. The national legislation does not appear to prescribe the allocation of water closets to various groups of the crew. The Committee, therefore, asks the Government to take measures to prescribe, subject to the provisions of paragraph 4 of this Article of the Convention, the allocation of water closets to various groups of the crew.

Article 13, paragraph 5. Exceptions to the number of sanitary facilities. The Committee asks the Government to indicate whether special arrangements or a reduction in the number of facilities required have been granted when the total number of the crew exceeds 100 and in passenger vessels normally engaged on voyages of not more than four hours’ duration.

Article 13, paragraph 8. Water closets and ventilation to the open air. According to section 62(b) of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, measures must be taken in the toilets to deal with odours, such as installing ventilation apparatus. The Committee asks the Government to indicate whether these measures include ventilation to the open air, in conformity with the provisions of the Convention.

Article 13, paragraph 10. Soil pipes and waste pipes in the toilets. Whereas provisions relating to the draining of waste water in shower cubicles are contained in section 62(a) of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, section 62(h) provides that the toilet waste water must be collected in a sewage tank or similar installation. The Committee asks the Government to take measures to ensure that all sanitary facilities are provided with soil pipes and waste pipes of adequate dimensions and so constructed as to minimize the risk of obstruction and to facilitate cleaning.

Article 13, paragraph 14. Heating of facilities for drying clothes. According to section 64 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, drying rooms shall be installed in places that are separated from sleeping rooms and mess rooms and equipped with apparatus for hanging laundry as well as for airing. The Committee asks the Government to indicate whether these rooms are also heated.

Article 14, paragraph 1. Hospital on board. The national legislation only provides that when a ship’s infirmary is provided for on board, dispensaries or medicine cabinets shall be installed adjacent to it, without specifying the ships covered by this provision. The Committee asks the Government to indicate in which ships separate hospital accommodation is required.

Article 14, paragraph 2. Easy access to hospital accommodation. According to the national legislation, ships’ infirmary shall be installed in a place which enables seafarers who fall ill to readily endure any type of weather conditions and to rest. The Committee asks the Government to indicate the provisions of the legislation which provide that hospital accommodation shall also be of easy access.

Article 14, paragraph 5. Separate water closets in the hospital accommodation. The Committee asks the Government to take measures to ensure that water closet accommodation is provided for the exclusive use of the occupants of the hospital accommodation, either as part of the accommodation or in close proximity thereto.

Article 15, paragraph 1. Outside wardrobes. According to section 54 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, the locker provided for each seafarer in the sleeping rooms shall have a middle compartment with a special bar for hanging two uniforms. The Committee asks the Government to indicate whether for the hanging of seafarers’ oilskins, sufficiently and adequately ventilated accommodation is also provided outside of the sleeping rooms.

Article 15, paragraph 2. Office. The Committee asks the Government to indicate whether, in ships of over 3,000 tons (8,490 m³), one room for the deck department and one room for the engine department are provided and equipped for use as an office.

Article 15, paragraph 3. Protection against mosquitoes. The Committee asks the Government to indicate whether measures have been taken to protect the crews’ quarters in ships regularly trading to mosquito-infested ports by the fitting of suitable screens to side scuttles, ventilators and doors to the open deck.

Article 16. Exceptions related to distinctive national habits and customs. The Government merely refers in its report to provisions of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health which relate to sleeping rooms but does not specify whether, in conformity with the provisions of paragraph 1 of this Article, the standards prescribed in the Convention have been modified. The Committee asks the Government to indicate whether, in the case of ships in which are employed such groups of ratings as necessitate the employment of a substantially larger number of ratings than would otherwise be employed, the competent authority has made special arrangements, to take account of distinctive national habits and customs, concerning the number of persons occupying sleeping rooms and concerning mess room and sanitary facilities. If so, please enclose a copy of the special regulations framed for this purpose and indicate whether the requirement in regard to consultation contained in paragraph 5 of this Article has been observed.

Article 17, paragraph 2. Weekly inspections. The Committee asks the Government to indicate whether it is provided that the master, or an officer specially deputed for the purpose by him, accompanied by one or more members of the crew, shall inspect all crew accommodation at intervals of not more than one week, and that the results of each such inspection shall be recorded.

Part V of the report form. Information on the practical application of the Convention. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from reports of inspection services.

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

The Committee takes note of the information transmitted by the Government in its first report. It draws the Government’s attention to the following points.

Article 5, paragraph 1, of the Convention. Minimum floor area of sleeping rooms for ratings. Section 48 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that the minimum per capita measurements for sleeping quarters shall not be less than 2.35 m² nor more than 2.55 m² on vessels with a capacity of 2,264 m³ (800 tons) to 8,490 m³ (3,000 m³). Whereas vessels under 1,000 tons (2,830 m³) fall under the provisions of Article 10, paragraph 4, of Convention No. 92, vessels of 1,000 tons (2,830 m³) or over fall within the scope of application of the provisions of Article 5, paragraph 1, of the present Convention. The figures in the national legislation comply with the requirements of Convention No. 92, but not with Convention No. 133. The Committee, therefore, asks the Government to take measures to ensure that the floor area per person of sleeping rooms intended for ratings is not less than: (i) 3.75 square metres (40.36 square feet) in ships of 1,000 tons (2,830 m³) or over but less than 3,000 tons (8,490 m³); (ii) 4.25 square metres (45.75 square feet) in ships of  3,000 tons (8,490 m³) or over but less than 10,000 tons (28,300 m³); and (iii) 4.75 square metres (51.13 square feet) in ships of 10,000 tons (28,300 m³) or over.

Article 5, paragraph 2. Minimum floor area per person of sleeping rooms for two ratings. Floor areas provided in the national legislation comply with the requirements of Convention No. 92, but not with the provisions of Convention No. 133, which apply to vessels of 1,000 tons (2,830 m³) or over. The Committee, therefore, asks the Government to take measures to ensure that the floor area per person of sleeping rooms intended for two ratings is not less than: (i) 2.75 square metres (29.60 square feet) in ships of 1,000 tons (2,830 m³) or over but less than 3,000 tons (8,490 m³); (ii) 3.25 square metres (34.98 square feet) in ships of  3,000 tons (8,490 m³) or over but less than 10,000 tons (28,300 m³); and (iii) 3.75 square metres (40.36 square feet) in ships of 10,000 tons (28,300 m³) or over.

Article 5, paragraph 3(b). Minimum floor area of sleeping rooms for ratings in passenger ships. Section 48(c) of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that the minimum per capita measurements for sleeping quarters shall not be less than 2.78 m² on vessels with a capacity of 8,490 m³ (3,000 tons) or over. This provision does not distinguish between ships of different types, whereas the Convention provides that the floor area for sleeping rooms for ratings on passenger ships shall not be less than 3.75 m² for rooms accommodating one person. Thus, the figures in the national legislation do not comply with the requirements of the Convention. The Committee, therefore, asks the Government to take measures to ensure that, in passenger ships of more than 3,000 tons (8,490 m³), the floor area of sleeping rooms intended for ratings shall be: (i) 3.75 square metres (40.36 square feet) in rooms accommodating one person; (ii) 6 square metres (64.58 square feet) in rooms accommodating two persons; (iii) 9 square metres (96.88 square feet) in rooms accommodating three persons; and (iv) 12 square metres (129.17 square feet) in rooms accommodating four persons.

Article 5, paragraph 4. Number of ratings per room. Section 52 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that on vessels with a capacity of over 28,300 m³ (10,000 tons) a maximum of two seafarers may be berthed per cabin. In other ships there may be four to eight per cabin. The Committee requests the Government to take measures to ensure that in ships of 1,000 tons (2,830 m³) or over, a maximum of two ratings per cabin is berthed, except in passenger ships where the maximum permissible figure is four.

Article 5, paragraph 6. Sleeping rooms for officers. In the absence of information, the Committee asks the Government to indicate the national legal provisions which ensure that, in sleeping rooms for officers, where no private sitting rooms or day room is provided, the floor area per person is not less than 6.50 square metres (69.96 square feet) in ships of less than 3,000 tons (8,490 m³), and not less than 7.50 square metres (80.73 square feet) in ships of 3,000 tons (8,490 m³) or over.

Article 5, paragraph 7. Individual sleeping rooms. The Committee requests the Government to take measures to ensure that in ships of 1,000 tons (2,830 m3) or over, other than in passenger ships, an individual sleeping room is provided for each adult member of the crew, where the size of the ship, the activity in which it is to be engaged, and its layout make this reasonable and practicable.

Article 5, paragraph 8. Private sitting room or day room. The Committee requests the Government to indicate whether, where practicable in ships of 3,000 tons (8,490 m³) or over, the chief engineer and the chief navigating officer have, in addition to their sleeping room, an adjoining sitting room or day room.

Article 5, paragraph 9. Measurement of the floor area for sleeping rooms. See comment under Convention No. 92 (Article 10, paragraph 6).

Article 5, paragraph 10. Inside dimensions of berths. Whereas national law provisions comply with the required inside dimensions of berths in ships of 500 (1,415 m³) to 999.99 tons (2,829.97 m³), for which the provisions of Convention No. 92 apply, they are not in conformity with the provisions of Convention No. 133 which applies to ships of 1,000 tons (2,830 m³) or over. The Committee, therefore, requests the Government to take measures to ensure that, in ships of 1,000 tons (2,830 m3) or over, the minimum inside dimensions of a berth is 1.98 metres by 0.80 metres (6 feet 6 inches by 2 feet 7.50 inches).

Article 6, paragraph 1. Floor area of mess rooms. Section 56 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health contains no provision on floor areas of mess rooms. The Committee asks the Government to indicate the floor area of mess rooms for officers and for ratings per person of the planned seating capacity.

Article 6, paragraph 3. Refrigerator and hot beverages. Section 21 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health only provides that a cooler or water dispenser shall be installed in the officer’s room, in the machine room and on the deck, and that drinking fountains shall be installed in the seafarers’ mess rooms and recreation areas. The Committee asks the Government to take measures to ensure that, in ships of 1,000 tons (2,830 m³) or over, a refrigerator, which shall be conveniently situated, of sufficient capacity for the number of persons using the mess room or mess rooms, as well as facilities for hot beverages are available to seafarers.

Article 6, paragraph 4. Exceptions. In the absence of information, the Committee asks the Government to indicate whether exceptions to paragraphs 1 and 2 of Article 6 of the Convention have been made by the competent authority for passenger ships.

Article 7, paragraph 2. Bookcase. The furnishing of a bookcase in recreation accommodation is not provided for in section 58 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health. This is provided for as a minimum standard in the Convention. The Committee, therefore, requests the Government to take measures to ensure that recreation accommodation is equipped with a bookcase.

Article 7, paragraph 3. Swimming pool. Section 58(3) of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that recreation areas shall be appropriately equipped for showing films, watching television, doing handicrafts and reading. The Committee asks the Government to indicate whether consideration has been given to the provisions of a swimming pool in ships of 8,000 tons (22,640 m³) or over.

Article 8, paragraph 1. Sanitary facilities for officers and ratings. The Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health contains no indications on the number of water closets per person. With regard to women seafarers, section 52 of the Regulations only provides that female personnel shall be assigned separate accommodation. Furthermore, according to section 59, seafarers who do not benefit from private washing facilities shall be assigned one bath or shower per eight or fewer seafarers. The Committee asks the Government to take measures to ensure that, in ships of 1,000 tons (2,830 m³) or over: (i) one water closet and one tub and/or shower bath for every six persons or less are provided at a convenient location for officers and ratings; and (ii) women employed in a ship are provided with separate sanitary facilities.

Article 8, paragraph 2. Private sanitary facilities. It appears from the reading of the abovementioned section 59 that sleeping rooms are not always provided with private sanitary facilities. The Committee asks the Government to indicate the cases in which private sanitary facilities are provided. It reminds the Government: (i) that in ships of 5,000 tons (14,150 m³) or over, but less than 15,000 tons (42,450 m³), individual sleeping rooms for at least five officers shall have attached to them a separate private bathroom fitted with a water closet, a tub and/or shower bath and a washbasin having hot and cold running fresh water; and that the washbasin may be situated in the sleeping room; and (ii) that in ships of 10,000 tons (28,300 m³) or over, but less than 15,000 tons (42,450 m³), the sleeping rooms of all other officers shall have private or intercommunicating bathrooms similarly fitted.

Article 8, paragraph 3. Private bathrooms. In the absence of information, the Committee asks the Government to indicate whether in ships of 15,000 tons (42,450 m³) or over, individual sleeping rooms for officers have attached to them a separate private bathroom fitted with a water closet as well as a tub and/or shower bath and a washbasin having hot and cold running fresh water; the washbasin may be situated in the sleeping room.

Article 8, paragraph 4. Bathrooms. The Committee asks the Government to indicate whether in ships of 25,000 tons (70,750 m³) or over, other than passenger ships, a bathroom for every two ratings is provided, either in an intercommunicating compartment between adjoining sleeping rooms or opposite the entrance of such rooms, which shall be fitted with a water closet as well as a tub and/or shower bath and a washbasin having hot and cold running fresh water.

Article 8, paragraph 5. Washbasins. The Committee asks the Government to indicate whether in ships of 5,000 tons (14,150 m³) or over, other than passenger ships, each sleeping room, whether for officers or ratings, is provided with a washbasin having hot and cold running fresh water, except where such washbasin is situated in a bathroom provided in conformity with paragraphs 2, 3 or 4 of Article 8 of the present Convention.

Article 8, paragraph 7. Washing and drying machines. It appears from the reading of section 63 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health that laundry rooms are not always equipped with washing machines. Furthermore, with regard to drying rooms, these Regulations provide only for “apparatus for hanging out washing as well as airing apparatus” (section 64). No provision deals, however, with the heating of these rooms or the provision of irons and ironing boards to seafarers. The Committee, therefore, requests the Government to take measures to ensure that every laundry room, in ships of 1,000 tons (2,830 m³) or over, is provided with a washing machine. Please also indicate whether, in conformity with the provisions of the Convention, drying rooms are adequately heated and whether irons and ironing boards are provided to seafarers.

Article 9, paragraph 1. Separate water closet in ships of 1,600 tons or over. Section 60 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides, without indicating their location, that four water closets at least have to be provided to seafarers on board ships with a capacity of 800 (2,264 m³) to 3,000 (8,490 m³) tons. This number is brought to six in ships over 3,000 tons (8,490 m³). The Committee asks the Government to indicate whether: (a) a separate compartment containing a water closet and a washbasin having hot and cold running fresh water, within easy access of the navigating bridge deck primarily for those on duty in the area; and (b) a water closet and a washbasin having hot and cold running fresh water, within easy access of the machinery space if not fitted near the engine room control centre, are provided for on board ships of 1,600 tons (4528 m³) or over.

Article 9, paragraph 2. Facilities for changing clothes in ships of 1,600 tons (4528 m³) or over. In the absence of information, the Committee asks the Government to take measures to ensure that in ships of 1,600 tons (4528 m³) or over, other than ships in which private sleeping rooms and private or semi-private bathrooms are provided for all engine department personnel, facilities for changing clothes are provided which shall be: (a) located outside the machinery space but with easy access to it; and (b) fitted with individual clothes lockers as well as with tubs and/or shower baths and washbasins having hot and cold running fresh water.

Article 10. Headroom. The Government refers to section 50 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health which provides for headroom in seafarers’ bunks of not less than 1.90 metres and not more than 2.10 metres. The Committee asks the Government to take the necessary measures to ensure that in crew accommodation where full and free movement is necessary, the minimum headroom is not less than 1.98 metres.

Article 11, paragraph 5. Standards of lighting. In the absence of information, the Committee asks the Government to take measures to ensure that suitable standards of natural and artificial lighting are fixed by the competent authority.

Part IV of the report form. Practical application. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied and to include information on the number of seafarers covered by the measures giving effect to the Convention.