ILO Convention (No.
163) concerning Seafarers' Welfare at Sea and in Port
(Geneva, 8 October 1987)
THE GENERAL CONFERENCE OF THE INTERNATIONAL
LABOUR ORGANISATION,
HAVING BEEN CONVENED at Geneva by the
Governing Body of the International Labour Office, and having met in its
Seventy-fourth Session on 24 September 1987, and
RECALLING the provisions of the Seamen's
Welfare in Ports Recommendation, 1936, and the Seafarers' Welfare Recommendation,
1970, and
HAVING DECIDED upon the adoption of
certain proposals with regard to seafarers' welfare at sea and in port
which is the second item on the agenda of the session, and
HAVING DETERMINED that these proposals
shall take the form of an international Convention,
ADOPTS this eighth day of October of
the year one thousand nine hundred and eighty-seven the following Convention
which may be cited as the Seafarers' Welfare Convention, 1987:
Article 1
1. For the purposes of this Convention -
(a) the term "seafarer" means any person who
is employed in any capacity on board a seagoing ship, whether publicly
or privately owned, other than a ship of war;
(b) the term "welfare facilities and services"
means welfare, cultural, recreational and information facilities and services.
2. Each Member shall determine by national
laws or regulations, after consultation with the representative organisations
of shipowners and seafarers, which ships registered in its territory are
to be regarded as seagoing ships for the purpose of the provisions of this
Convention relating to welfare facilities and services on board ship.
3. To the extent it deems practicable, after
consultation with the representative organisations of fishing vessel owners
and fishermen, the competent authority shall apply the provisions of this
Convention to commercial maritime fishing.
Article 2
1. Each Member for which this Convention is
in force undertakes to ensure that adequate welfare facilities and services
are provided for seafarers both in port and on board ship.
2. Each Member shall ensure that the necessary
arrangements are made for financing the welfare facilities and services
provided in accordance with the provisions of this Convention.
Article 3
1. Each Member undertakes to ensure that welfare
facilities and services are provided in appropriate ports of the country
for all seafarers, irrespective of nationality, race, colour, sex, religion,
political opinion or social origin and irrespective of the State in which
the ship on which they are employed is registered.
2. Each Member shall determine, after consultation
with the representative organisations of shipowners and seafarers, which
ports are to be regarded as appropriate for the purposes of this Article.
Article 4
Each Member undertakes to ensure that the
welfare facilities and services on every seagoing ship, whether publicly
or privately owned, which is registered in its territory, are provided
for the benefit of all seafarers on board.
Article 5
Welfare facilities and services shall be reviewed
frequently to ensure that they are appropriate in the light of changes
in the needs of seafarers resulting from technical, operational and other
developments in the shipping industry.
Article 6
Each Member undertakes -
(a) to co-operate with other Members with
a view to ensuring the application of this Convention; and
(b) to ensure co-operation between the parties
engaged and interested in promoting the welfare of seafarers at sea and
in port.
Article 7
The formal ratifications of this Convention
shall be communicated to the Director-General of the International Labour
Office for registration.
Article 8
1. This Convention shall be binding only upon
those Members of the International Labour Organisation whose ratifications
have been registered with the Director-General.
2. It shall come into force twelve months
after the date on which the ratifications of two Members have been registered
with the Director-General.
3. Thereafter, this Convention shall come
into force for any Member twelve months after the date on which its ratification
has been registered.
Article 9
1. A Member which has ratified this Convention
may denounce it after the expiration of ten years from the date on which
the Convention first comes into force, by an act communicated to the Director-General
of the International Labour Office for registration. Such denunciation
shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention
and which does not, within the year following the expiration of the period
of ten years mentions in the preceding paragraph, exercise the right of
denunciation provided for in this Article, will be bound for another period
of ten years and, thereafter, may denounce this Convention at the expiration
of each period of ten years under the terms provided for in this Article.
Article 10
1. The Director-General of the International
Labour Office shall notify all Members of the International Labour Organisation
of the registration of all ratifications and denunciations communicated
to him by the Members of the Organisation.
2. When notifying the Members of the Organisation
of the registration of the second ratification communicated to him, the
Director-General shall draw the attention of the Members of the Organisation
to the date upon which the Convention will come into force.
Article 11
The Director-General of the International
Labour Office shall communicate to the Secretary-General of the United
Nations for registration in accordance with Article 102 of the Charter
of the United Nations full particulars of all ratifications and acts of
denunciation registered by him in accordance with the provisions of the
preceding Articles.
Article 12
At such times as it may consider necessary
the Governing Body of the International Labour Office shall present to
the General Conference a report on the working of this Convention and shall
examine the desirability of placing on the agenda of the Conference the
question of its revision in whole or in part.
Article 13
1. Should the Conference adopt a new Convention
revising this Convention in whole or in part, then, unless the new Convention
otherwise provides -
(a) the ratification by a Member of the new
revising Convention shall ipso jure involve the immediate denunciation
of this Convention, notwithstanding the provisions of Article 9 above,
if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising
Convention comes into force this Convention shall cease to be open to ratification
by the Members.
2. This Convention shall in any case remain
in force in its actual form and content for those Members which have ratified
it but have not ratified the revising Convention.
Article 14
The English and French versions of the text
of this Convention are equally authoritative. |