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海员在海上和港口的福利公约

分类: 法律英语 
 

第163号公约
颁布日期:19871008  颁布单位:日内瓦

The General Conference of the International Labour Organization,

Having been convened at Geneva by the Governing Body of theInternational Labour Office, and having met in its Seventy-fourth Sessionon 24 September 1987, and

Recalling the provisions of the Seamen's Welfare in PortsRecommendation, 1936, and the Seafarers' Welfare Recommendation, 1970, and

Having decided upon the adoption of certain proposals with regard toseafarers' welfare at sea and in port which is the second item on theagenda of the session, and

Having determined that these proposals shall take the form of aninternational Convention, adopts this eighth day of October of the yearone thousand nine hundred and eighty-seven the following Convention whichmay 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 anycapacity 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, afterconsultation with the representative organizations of shipowners andseafarers, which ships registered in its territory are to be regarded asseagoing ships for the purpose of the provisions of this Conventionrelating to welfare facilities and services on board ship.

3. To the extent it deems practicable, after consultation with therepresentative organizations of fishing vessel owners and fishermen, thecompetent authority shall apply the provisions of this Convention tocommercial maritime fishing.Article 2

1. Each Member for which this Convention is in force undertakes toensure that adequate welfare facilities and services are provided forseafarers both in port and on board ship.

2. Each Member shall ensure that the necessary arrangements are madefor financing the welfare facilities and services provided in accordancewith the provisions of this Convention.Article 3

1. Each Member undertakes to ensure that welfare facilities andservices are provided in appropriate ports of the country for allseafarers, irrespective of nationality, race, colour, sex, religion,political opinion or social origin and irrespective of the State in whichthe ship on which they are employed is registered.

2. Each Member shall determine, after consultation with therepresentative organizations of shipowners and seafarers, which ports areto be regarded as appropriate for the purposes of this Article.Article 4

Each Member undertakes to ensure that the welfare facilities andservices on every seagoing ship, whether publicly or privately owned,which is registered in its territory, are provided for the benefit of allseafarers on board.Article 5

Welfare facilities and services shall be reviewed frequently to ensurethat they are appropriate in the light of changes in the needs ofseafarers resulting from technical, operational and other developments inthe shipping industry.Article 6

Each Member undertakes

(a) to co-operate with other Members with a view to ensuring theapplication of this Convention; and

(b) to ensure co-operation between the parties engaged andinterested in promoting the welfare of seafarers at sea and in port.Article 7

The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.Article 8

1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

2. It shall come into force twelve months after the date on which theratifications of two Members have been registered with theDirector-General.

3. Thereafter, this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered.Article 9

1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention firstcomes into force, by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake 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 yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article.Article 10

1. The Director-General of the International Labour Office shallnotify all Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization.

2. When notifying the Members of the Organization of the registrationof the second ratification communicated to him, the Director-General shalldraw the attention of the Members of the Organization to the date uponwhich the Convention will come into force.Article 11

The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingArticles.Article 12

At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.Article 13

1. Should the Conference adopt a new Convention revising thisConvention in whole or in part, then, unless the new Convention otherwiseprovides

(a) the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention,notwithstanding the provisions of Article 9 above, if and when the newrevising Convention shall have come into force;

(b) as from the date when the new revising Convention comes intoforce this Convention shall cease to be open to ratification by theMembers.

2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.Article 14

The English and French versions of the text of this Convention areequally authoritative

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