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海员遣返公约(1987年修正本) CONVENTION No.166 Convention concerning the Repatriation of Seamen(Revised 1987)

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第166号公约
颁布日期:19871009  实施日期:19871009  颁布单位:日内瓦

  The General Conference of the International Labour Organization,

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

  Noting that since the adoption of the Repatriation of SeamenConvention, 1926, and of the Repatriation (Ship Masters and Apprentices)Recommendation, 1926, developments in the shipping industry have made itnecessary to revise the Convention to incorporate appropriate elements ofthe Recommendation, and

  Noting further that considerable progress has been made throughnational legislation and practice in providing for the repatriation ofseafarers in various matters not covered by the Repatriation of SeamenConvention, 1926, and

  Considering that further action by means of a new internationalinstrument as regards certain additional aspects of the repatriation ofseafarers would accordingly be desirable taking into account thewidespread growth in employment of non-national seafarers in the shippingindustry, and

  Having decided upon the adoption of certain proposals with regard tothe Revision of the Repatriation of Seamen Convention, 1926 (No. 23), andof the Repatriation (Ship Masters and Apprentices) Recommendation, 1926(No. 27), which is the fifth item on the agenda of the session, and

  Having determined that these proposals shall take the form aninternational Convention, adopts this ninth day of October of the yearone thousand nine hundred and eighty-seven the following Convention whichmay be cited as the Repatriation of Seafarers Convention (Revised), 1987.

  PART I. SCOPE AND DEFINITIONSArticle 1

  1. This Convention applies to every seagoing ship whether publicly orprivately owned which is registered in the territory of any Member forwhich the Convention is in force and which is ordinarily engaged incommercial maritime navigation and to the owners and seafarers of suchships.

  2. 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.

  3. In the event of doubt as to whether or not any ships are to beregarded as engaged in commercial maritime navigation or commercialmaritime fishing for the purpose of this Convention, the question shallbe determined by the competent authority after consultation with theorganizations of shipowners, seafarers and fishermen concerned.

  4. For the purpose of this Convention the term “seafarer” means anyperson who is employed in any capacity on board a seagoing ship to whichthis Convention applies.

  PART II. ENTITLEMENTSArticle 2

  1. A seafarer shall be entitled to repatriation in the followingcircumstances:

  (a) if an engagement for a specific period or for a specificvoyage expires abroad;

  (b) upon the expiry of the period of notice given in accordancewith the provisions of the articles of agreement or the seafarer'scontract of employment;

  (c) in the event of illness or injury or other medical conditionwhich requires his or her repatriation when found medically fit to travel;

  (d) in the event of shipwreck;

  (e) in the event of the shipowner not being able to continue tofulfil his or her legal or contractual obligations as an employer of theseafarer by reason of bankruptcy, sale of ship, change of ship'sregistration or any other similar reason;

  (f) in the event of a ship being bound for a war zone, as definedby national laws or regulations or collective agreements, to which theseafarer does not consent to go;

  (g) in the event of termination or interruption of employment inaccordance with an industrial award or collective agreement, ortermination of employment for any other similar reason.

  2. National laws or regulations or collective agreements shallprescribe the maximum duration of service periods on board following whicha seafarer is entitled to repatriation; such periods shall be less than 12months. In determining the maximum periods, account shall be taken offactors affecting the seafarers' working environment. Each Member shallseek, wherever possible, to reduce these periods in the light oftechnological changes and developments and may be guided by anyrecommendations made on the matter by the Joint Maritime Commission.

  PART III. DESTINATIONArticle 3

  1. Each Member for which this Convention is in force shall prescribeby national laws or regulations the destinations to which seafarers may berepatriated.

  2. The destinations so prescribed shall include the place at which theseafarer agreed to enter into the engagement, the place stipulated bycollective agreement, the seafarer's country of residence or such otherplace as may be mutually agreed at the time of engagement. The seafarershall have the right to choose from among the prescribed destinations theplace to which he or she is to be repatriated.

  PART IV. ARRANGEMENTS FOR REPATRIATIONArticle 4

  1. It shall be the responsibility of the shipowner to arrange forrepatriation by appropriate and expeditious means. The normal mode oftransport shall be by air.

  2. The cost of repatriation shall be borne by the shipowner.

  3. Where repatriation has taken place as a result of a seafarer beingfound, in accordance with national laws or regulations or collectiveagreements, to be in serious default of his or her employment obligations,nothing in this Convention shall prejudice the right of recovery from theseafarer of repatriation costs or part thereof in accordance with nationallaws or regulations or collective agreements.

  4. The cost to be borne by the shipowner shall include:

  (a) passage to the destination selected for repatriation inaccordance with Article 3 above;

  (b) accommodation and food from the moment the seafarer leaves theship until he or she reaches the repatriation destination;

  (c) pay and allowances from the moment he or she leaves the shipuntil he or she reaches the repatriation destination, if provided for bynational laws or regulations or collective agreements;

  (d) transportation of 30 kg of the seafarer's personal luggage tothe repatriation destination;

  (e) medical treatment when necessary until the seafarer ismedically fit to travel to the repatriation destination.

  5. The shipowner shall not require the seafarer to make an advancepayment towards the cost of repatriation at the beginning of his or heremployment, nor shall the shipowner recover the cost of repatriation fromthe seafarer's wages or other entitlements except as provided for inparagraph 3 above.

  6. National laws or regulations shall not prejudice any right of theshipowner to recover the cost of repatriation of seafarers not employed bythe shipowner from their employer.Article 5

  If a shipowner fails to make arrangements for or to meet the cost ofrepatriation of a seafarer who is entitled to be repatriated——

  (a) the competent authority of the Member in whose territory theship is registered shall arrange for and meet the cost of the repatriationof the seafarer concerned; if it fails to do so, the State from which theseafarer is to be repatriated or the State of which he or she is anational may arrange for his or her repatriation and recover the cost fromthe Member in whose territory the ship is registered;

  (b) costs incurred in repatriating the seafarer shall berecoverable from the shipowner by the Member in whose territory the shipis registered;

  (c) the expenses of repatriation shall in no case be a charge uponthe seafarer, except as provided for in paragraph 3 of Article 4 above.

  PART V. OTHER ARRANGEMENTSArticle 6

  Seafarers who are to be repatriated shall be able to obtain theirpassport and other identity documents for the purpose of repatriation.Article 7

  Time spent awaiting repatriation and repatriation travel time shallnot be deducted from paid leave accrued to the seafarer.Article 8

  A seafarer shall be deemed to have been duly repatriated when he orshe is landed at a destination prescribed pursuant to Article 3 above, orwhen the seafarer does not claim his or her entitlement to repatriationwithin a reasonable period of time to be defined by national laws orregulations or collective agreements.Article 9

  The provisions of this Convention in so far as they are not otherwisemade effective by means of collective agreements or in such other manneras may be appropriate under national conditions shall be given effect bynational laws or regulations.Article 10

  Each Member shall facilitate the repatriation of seafarers serving onships which call at its ports or pass through its territorial or internalwaters, as well as their replacement on board.Article 11

  The competent authority of each Member shall ensure by means ofadequate supervision that the owners of ships registered in its territorycomply with the provisions of the Convention, and shall provide relevantinformation to the International Labour Office.Article 12

  The text of this Convention shall be available in an appropriatelanguage to the crew members of every ship which is registered in theterritory of any Member for which it is in force.

  PART VI. FINAL PROVISIONSArticle 13

  This Convention revises the Repatriation of Seamen Convention, 1926.Article 14

  The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.Article 15

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

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

  3. Thereafter, this Convention shall come into force for any membertwelve months after the date on which its ratification has beenregistered.Article 16

  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 17

  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 ofthe International Labour Office shall draw the attention of the Members ofthe Organization to the date upon which the Convention will come intoforce.Article 18

  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 19

  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 20

  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 16 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 21

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

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