COMDTINST 16711.12A
JUL 10 1996
and to expand the ability of port states which are party to the Convention to take steps to
protect the health and safety of seamen manning merchant vessels calling in those states.
b.
ILO Convention No. 147 prescribes a set of standards relating to safety, social security,
and shipboard conditions of employment and living arrangements to be observed in
merchant shipping registered under any signatory flag state. It does this by making
reference to a number of other ILO Conventions which are listed as an Appendix to ILO
Convention No. 147. These other Conventions cover minimum age, medical
examination, articles of agreement, officer's competency certificates, food and catering
on board ship, crew accommodations, prevention of occupational accidents, sickness or
injury benefits, and repatriation. ILO Convention No. 147 also references previous
Conventions concerning the freedom of association and the protection of the right to
organize and collectively bargain, and to standards of hours of work and manning to
ensure safety of human life aboard ship. Under Article 2(a) of the Convention,
signatory states may meet the Convention's standards by having implementing laws
substantially equivalent to the Convention.
c.
The U.S. deposited its instrument of ratification with the Director General of the ILO in
June 1988, whereupon it entered into force in the U.S. in June 1989. A copy of ILO
convention No. 147 is provided as enclosure (1).
5.
DISCUSSION.
a.
The various Articles of ILO Convention No. 147 specify applicability, and establish
duties and obligations of the contracting parties. Article 1 makes ILO Convention No.
147 applicable to every seagoing ship, whether publicly or privately owned, which
engages in the transport of cargo or passengers for the purpose of trade or is employed
for any other commercial purpose, except: ships propelled primarily by sail, whether or
not they are fitted with auxiliary engines; ships engaged in fishing or whaling or in
similar pursuits; or small vessels, and vessels such as oil rigs and drilling platforms
when not engaged in navigation.
b.
Our instrument of ratification included several understandings concerning the
applicability of this treaty. The U.S. stated that its obligations
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