Act 320 1996

Original Language Title: LEY 320 de 1996

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1996 LAW 320

(September 20)

Official Journal No. 42,885 of 25 September 1996

By means of which they are subject: the "Convention 163 on the welfare of seafarers at sea and in port" and "Convention 164 on the protection of the health and medical care of seafarers", adopted in the 74a. Meeting of 8 October 1987; "Convention 165 on the social security of seafarers" (revised) and "Convention 166 on the repatriation of seafarers" (revised), adopted in the 74a. Meeting on 9 October 1987; the 'Convention 171 on Night Work', adopted in the 77a. Meeting on 26 June 1990; the 'Convention 172 on working conditions in hotels, restaurants and similar establishments', adopted at 78a. Meeting on 25 June 1991; the 'Convention 174 on the Prevention of Major Industrial Accidents' and 'Recommendation 181 on the Prevention of Major Industrial Accidents' adopted in 80a. Meeting of the General Conference of the International Labour Organization

in Geneva on June 22, 1993.

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC,

Having regard to the texts of "Convention 163 on the welfare of seafarers at sea and in port" and "Convention 164 on the protection of the health and medical care of seafarers", adopted in the 74a. Meeting of 8 October 1987; "Convention 165 on the social security of seafarers" (revised) and "Convention 166 on the repatriation of seafarers" (revised), adopted in the 74a. Meeting on 9 October 1987; of the 'Convention 171 on Night Work', adopted in the 77a. Meeting on 26 June 1990; of the 'Convention 172 on working conditions in hotels, restaurants and similar establishments', adopted at 78a. Meeting on 25 June 1991; of the 'Convention 174 on the Prevention of Major Industrial Accidents and of Recommendation 181 on the Prevention of Major Industrial Accidents' adopted in 80a. Meeting of the General Conference of the International Labour Organization in Geneva on 22 June 1993.

INTERNATIONAL WORK CONFERENCE

" CONVENTION 163

Convention on the welfare of seafarers at sea and in port.

The General Conference of the International Labour Organization:

Convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on 24 September 1987 at its seventh meeting.

Remembering the provisions of the Recommendation on the conditions of the people of the sea in the ports, 1936, and the Recommendation on the welfare of the people of the sea, 1970.

After having decided to adopt various proposals on the welfare of seafarers at sea and in port, which is the second item on the agenda of the meeting, and

Having decided that these proposals are in the form of an international convention, it adopts, with the date of October 8, one thousand nine hundred and eighty-seven, this Convention, which may be cited as the Convention on the Welfare of the seafarers, 1987:

ARTICLE 1o.

1. For the purposes of this Convention:

(a) The term "sea agent" or "marine" means all persons employed, with any capacity, on board a ship engaged in maritime navigation, whether public or private, other than a warship;

b) The expression "means and services of welfare" means the means and services of welfare, cultural, recreational and information.

2. Each Member shall, by means of its national legislation and after consultation with the representative organisations of shipowners and seafarers, determine the vessels registered in its territory which are to be regarded as being engaged in maritime navigation. the effects of the provisions of this Convention on means and services of welfare on board ships.

3. In so far as it considers practicable, after consultation with the representative organisations of shipowners of fishing vessels and fishermen, the competent authority shall apply the provisions of this Convention to sea fishing. commercial.

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ARTICLE 2o.

1. Any Member for which this Convention is in force undertakes to ensure that adequate means and welfare services are provided to seafarers both in ports and on board vessels.

2. Each Member shall ensure that the necessary measures are taken to finance the means and welfare services to be provided in accordance with the provisions of this Convention.

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ARTICLE 3o.

1. Every Member undertakes to ensure that the means and services of welfare are provided in the appropriate ports of the country to all seafarers, without distinction of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the state in which the vessel on board is registered.

2. Each Member shall determine, after consultation with the representative organisations of shipowners and seafarers, the ports to be considered appropriate for the purposes of this Article.

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ARTICLE 4. Every Member undertakes to ensure that the means and services of welfare provided in any ship dedicated to the marine navigation, of public or private ownership, registered in its territory, are accessible to all seafarers on board.

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ARTICLE 5o. Well-being media and services will be frequently reviewed to ensure that they are appropriate, taking into account the evolving needs of seafarers as a result of progress. technical, functional or other types of technical equipment to be found in the maritime transport industry.

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ARTICLE 6o. Every Member commits to:

(a) Co-operate with other Members with a view to ensuring the implementation of this Convention;

b) Velar because the parties involved and interested in promoting the welfare of seafarers at sea and in port cooperate.

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ARTICLE 7o. The formal ratifications of this Convention shall be communicated to the Director General of the International Labour Office for registration.

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ARTICLE 8o.

1. This Convention shall bind only those Members of the International Labour Organization whose ratifications have been registered by the Director General.

2. It shall enter into force twelve months after the date on which the ratifications of the Members have been registered by the Director General.

3. From that point on, this Convention shall enter into force for each Member twelve months after the date on which its ratification has been registered.

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ARTICLE 9o.

1. Any Member who has ratified this Convention may denounce it at the end of a period of 10 years from the date on which it was initially put into effect, by means of an act communicated to the Director-General of the International Labour Office. The complaint shall not take effect until one year after the date on which it was registered.

2. Any Member who has ratified this Convention and who, within one year of the expiration of the ten-year period referred to in the preceding paragraph, does not make use of the right of denunciation provided for in this Article shall be obliged to For a further period of 10 years, the Convention may be terminated at the end of each 10-year period, subject to the conditions laid down in this Article.

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ARTICLE 10.

1. The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of any ratifications, declarations and complaints communicated to him by the Members of the Organization.

2. Upon notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall draw the attention of the Members of the Organization on the date of entry into force of this Convention.

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ARTICLE 11. The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of the registration and in accordance with Article 102 of the Charter of United Nations, complete information on all ratifications, statements and reports of denunciation registered in accordance with the preceding Articles.

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ARTICLE 12. Each time you deem it necessary, the Board of Directors of the International Labour Office shall present to the Conference a report on the implementation of the Convention and shall consider the the question of whether the whole or partial revision of the conference should be included on the agenda.

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ARTICLE 13.

1. Should the Conference adopt a new convention involving a total or partial revision of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification by a Member of the new revising Convention will entail, ipso jure, the immediate denunciation of this Convention, notwithstanding the provisions contained in Article 9o., provided that the new revising Convention has entered into force;

(b) As from the date of the entry into force of the new revising Convention, this Convention shall cease to be open for ratification by the Members.

2. This Convention shall remain in force in any event, in its present form and content, for Members who have ratified it and do not ratify the Convention.

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ARTICLE 14. The English and French versions of the text of this Convention are equally authentic.

Full and certified copy of the Spanish text.

By the Director General of the International Labour Office:

FRANCISCO MAUPAIN.

Legal Counsel International Labour Office. "

The undersigned Head of the Legal Office (E.)

from the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is faithful photocopy taken from the certified text, which rests in the Legal Office of this Ministry.

Dada en Santa Fe de Bogota, D.C., a los twenty un (21) dias

of the month of March of a thousand nine hundred and ninety-five (1995).

Chief Legal Officer (E.),

SONIA PEREIRA PORTILLA.

" CONVENTION 164

CONVENTION ON HEALTH PROTECTION

AND THE MEDICAL ASSISTANCE OF SEAFARERS.

The General Conference of the International Labour Organization:

convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on 24 September 1987 at its seventh meeting;

recalling the provisions of the Convention on the Medical Examination of Seafarers, 1946; of the Convention on the Accommodation of Crew (Revised), 1949; of the Convention on the Accommodation of Crew (Supplementary Provisions), 1970; of the recommendation on boats on board ships, 1958; of the recommendation on medical consultations on the high seas, 1958, and of the Convention and the Recommendation on the prevention of accidents (seafarers), 1970;

recalling the terms of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as regards training in first aid in the event of accidents or diseases that may occur on board;

Observing that, for the action taken in the field of health protection and the medical care of seafarers is successful, it is important that the International Labour Organization, the International Maritime Organization and the World Health Organization maintain close cooperation within their respective spheres;

Observing that the rules that follow have been elaborated accordingly with the cooperation of the International Maritime Organization and the World Health Organization, and that it is planned to continue the cooperation with these organizations in What is relevant to the application of these rules;

After having decided to adopt various proposals on the protection of the health and medical care of seafarers, which is the fourth item on the agenda of the meeting, and

Having decided that these proposals are in the form of an international convention, it adopts, with the date of October 8, one thousand nine hundred and eighty-seven, this Convention, which may be referred to as the Convention on the Protection of the health and medical care (seafarers), 1987:

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ARTICLE 1o.

1. This Convention applies to any vessel engaged in maritime navigation, whether public or private, registered in the territory of a Member for which the Convention is in force and normally intended for maritime navigation commercial.

2. To the extent that this is practicable, after consultation with the representative organisations of shipowners of fishing vessels and fishermen, the competent authority shall apply the provisions of this Convention to commercial sea fishing.

3. Where there is doubt as to whether, for the purposes of this Convention, a vessel is to be regarded as being for commercial sea shipping or commercial sea fishing, the matter shall be settled by the competent authority, after having been notified. consultation with the organisations concerned of shipowners, seafarers and fishermen.

4. For the purposes of this Convention, the terms 'seafarers' or 'seafarers' shall designate all persons employed on board a ship engaged in the maritime navigation to which this Convention applies.

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ARTICLE 2o. This Convention shall be given effect by means of national law, collective agreements, internal regulations, arbitration awards, court judgments, or any other means. appropriate to the national conditions.

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ARTICLE 3o. Each Member shall provide, by way of national legislation, that the shipowners are held responsible for the maintenance of the vessels under appropriate sanitary and hygienic conditions.

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ARTICLE 4. Each Member shall ensure that measures are taken to ensure the protection of the health and medical care of seafarers on board. Such measures shall:

(a) Ensuring the application to seafarers of all the general provisions on health protection in work and medical care that are of interest to the profession of marine and of the special provisions relating to work on board;

b) To be able to provide seafarers with health protection and medical assistance as close as possible to those generally enjoyed by workers on the ground;

c) Ensuring seafarers the right to visit without delay a doctor at ports of call, where possible;

(d) Ensure that, in accordance with national law and practice, medical assistance and health protection are provided free of charge to seafarers enrolled in the role of the crew;

(e) Not to be limited to the treatment of sick or injured seafarers, but also to include preventive measures and to devote particular attention to the development of health promotion and health education programmes. that the seafarers themselves can actively contribute to reducing the frequency of diseases that may affect them.

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ARTICLE 5o.

1. Any vessel to which this Convention applies shall bear a kit.

2. The contents of this kit and the medical equipment on board shall be prescribed by the competent authority taking into account factors such as the type of vessel, the number of persons on board and the nature, destination and duration of the journeys.

3. When adopting or revising the national provisions relating to the content of the kit and the medical equipment on board, the competent authority shall take into account international recommendations in this field, such as the most recent editions of the International medical guidance on board and the List of essential medicines published by the World Health Organization, as well as the progress made in the field of medical knowledge and approved treatment methods.

4. The appropriate maintenance of the kit and its contents, of the medical equipment on board, as well as its periodic inspection at regular intervals not exceeding 12 months, shall be carried out by responsible persons appointed by the competent authority, which ensure that the date of expiry and the conditions for the preservation of medicinal products are monitored.

5. The competent authority shall ensure that the contents of the kit are listed and are labelled using generic names, in addition to the brand names, expiry date and storage conditions, and that it is in accordance with the stipulated in the medical guide used at national level.

6. The competent authority shall ensure that when a cargo classified as hazardous has not been included in the most recent edition of the First Aid Guide for use in the case of accidents involving dangerous goods published by the International Maritime Organisation, the captain, the seafarers and other interested persons are provided with the necessary information on the nature of the substances, the risks involved, the necessary personal protective equipment, the relevant medical procedures and specific antidotes. Specific antidotes and personal protective equipment must be carried on board whenever dangerous goods are transported.

7. In case of urgency, where a medicinal product prescribed to a seafarer by qualified medical personnel is not included in the on-board kit, the shipowner shall take all necessary steps to obtain it as soon as possible.

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ARTICLE 6o.

1. Any vessel to which this Convention applies shall be required to carry a medical guide on board adopted by the competent authority.

2. The medical guide must explain how the contents of the kit should be used and be designed to enable non-medical staff to care for the sick or injured on board, with or without medical consultation by radio or satellite.

3. When adopting or reviewing the on-board medical guidance in use in the country, the competent authority shall take into account the international recommendations in this area, including the most recent editions of the international medical guidance on board and the first aid guide for use in case of accidents involving dangerous goods.

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ARTICLE 7o.

1. The competent authority shall ensure, by means of a pre-established system, that at any time of day or night vessels on the high seas may carry out medical consultations by radio or satellite, including advice from specialists.

2. Such medical consultations, including the transmission of medical messages by radio or satellite between a ship and the persons from the ground providing the advice, should be free of charge for all ships, irrespective of the territory in question. which are registered.

3. In order to ensure the optimal use of the means available for medical consultations by radio or satellite:

(a) All vessels to which this Convention applies and which are equipped with radio installation shall carry on board a complete list of the radio stations through which medical consultations may be carried out;

(b) All vessels to which this Convention applies and which are equipped with a satellite communication system shall carry on board a complete list of the coastal land stations through which consultations may take place. medical;

c) These lists must be kept up to date and in the custody of the person in charge of the communications.

4. Seafarers on board who ask for medical advice by radio or satellite should be instructed in the use of the medical guidance on board and the medical section of the most recent edition of the International Signals Code published by the Organization. International Maritime, in order to be able to understand the necessary information required by the doctor consulted and the advice received from him.

5. The competent authority shall ensure that physicians providing medical advice in accordance with this Article receive appropriate training and are aware of the conditions on board.

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ARTICLE 8o.

1. All vessels to which this Convention applies which carry a hundred or more seafarers on board and which normally make international voyages of more than three days ' duration shall be required to carry among the crew members a doctor in charge of provide medical assistance.

2. National legislation shall stipulate that other vessels must carry a doctor among the members of their crew, taking into account, inter alia, the duration, nature and conditions of the voyage and the number of seafarers on board.

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ARTICLE 9o.

1. All vessels to which this Convention applies and which do not carry any medical personnel on board shall take one or more persons specially entrusted, as part of their normal obligations, to one or more persons to provide medical assistance and to administer medicines.

2. Persons in charge of medical assistance on board who are not doctors must have completed a course approved by the competent authority for theoretical and practical training in the field of medical care. This course will consist of:

(a) For vessels of less than 1,600 gross registered tonnes which may normally have access within eight hours to qualified medical assistance and medical services, in an elementary form enabling such persons to take up the immediate measures necessary in the event of accidents or diseases which may occur on board and make use of medical advice by radio or satellite;

b) For all other vessels, in a medical training of the highest level covering practical training in emergency or accident services of a hospital, where this is possible, and training in survival techniques such as the Intravenous therapy, which allows these people to participate effectively in coordinated medical assistance programs for ships that are sailing and to assure the sick and injured of a satisfactory level of medical care during the period in which they probably have to stay on board. Whenever possible, this training must be provided under the supervision of a doctor who knows and understands in depth the medical problems of seafarers and the conditions inherent in the profession of seafarer and who has knowledge specialized in medical services by radio or satellite.

3. The courses referred to in this Article shall be based on the content of the most recent editions of the international medical guide on board, the first aid guide for use in the event of accidents related to the medical dangerous goods, from the document to be used as a guide-International Guide for the training of seafarers published by the International Maritime Organization and the medical section of the International Code of Signals, as well as guides Similar.

4. The persons referred to in paragraph 2o. of this Article and other seafarers who may designate the competent authority shall follow, at approximately five-year intervals, further training courses to enable them to maintain and update their knowledge and skills and to maintain to the stream of new developments.

5. In the course of their professional maritime training, all seafarers must be prepared for the measures to be taken in the event of an accident or other medical emergency on board.

6. In addition to the person or persons responsible for providing medical assistance on board, one or more certain crew members shall receive an elementary training in the field of medical care, enabling them to take immediate action. necessary in the event of accidents or diseases which may occur on board.

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ARTICLE 10. All vessels to which this Convention applies shall, where practicable, provide all necessary medical assistance to any vessel that may request it.

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ARTICLE 11.

1. Any vessel of 500 tonnes of gross registered or more than 15 or more seafarers on board and carrying out a journey of more than three days shall have an independent nurse on board. The competent authority may exempt vessels engaged in cabotage from this requirement.

2. This Article shall apply, where possible and reasonable, to vessels of 200 to 500 tonnes of gross registered tonnage and tugs.

3. This Article shall not apply to vessels primarily powered by candles.

4. Nursing must be located in a way that is easy to access and that its occupants can be comfortably housed and receive, with good or bad weather, the necessary assistance.

5. The nursing facility should be designed in a way that facilitates consultation and first aid.

6. The entrance, the bunk beds, the lighting, the ventilation, the heating and the water supply of the nursing must be arranged so as to ensure the comfort and facilitate the treatment of its occupants.

7. The competent authority shall prescribe the number of bunk beds to be installed in the nursing facility.

8. The nursing occupants must have, for their exclusive use, toilets located in the nursing home or in their immediate proximity.

9. Nursing may not be used for any other use other than medical care.

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ARTICLE 12.

1. The competent authority shall adopt a model of a medical report for seafarers, for the use of on board doctors, masters of ships or persons in charge of medical assistance on board and of hospitals or doctors on the ground.

2. This reporting model should be specially designed to facilitate the exchange between ship and land of medical personal information and related information on seafarers in cases of illness or accident.

3. The information contained in the medical reports should be kept confidential and should be used only for the treatment of seafarers.

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ARTICLE 13.

1. The members for which this Convention is in force shall cooperate with each other in order to promote the protection of the health and medical care of seafarers on board ships.

2. Such cooperation could consist of the following:

(a) Develop and coordinate search and rescue efforts and organize prompt medical assistance and evacuation of severely ill or injured persons on board vessels by means such as periodic signalling systems of the position of ships, centres for the coordination of rescue operations and helicopter services for urgent cases, in accordance with the provisions of the 1979 International Convention on Maritime Search and Rescue and the Manual of search and rescue for merchant ships and the IMO search and rescue manual, prepared by the International Maritime Organisation;

(b) to make maximum use of fishing vessels with a doctor on board and vessels stationed at sea that may provide hospital services and rescue facilities;

c) Compiling and keeping up to date an international list of doctors and health care centers available around the world to provide emergency medical assistance to seafarers;

d) Disembarkation seafarers, in a port, with a view to emergency treatment;

e) Repatriate overseas hospitalized seafarers as soon as possible, in accordance with the medical advice of the physicians responsible for the case that takes into account the wishes and needs of the seafarer;

f) Take the necessary steps to provide personal assistance to seafarers during their repatriation, in accordance with the medical advice of the physicians responsible for the case that takes into account the wishes and needs of the seafarer;

g) Seek to create health centers for seafarers who:

i) conduct research on the health status, medical treatment and preventive health care of seafarers;

ii) Formen in maritime medicine to medical and healthcare personnel;

(h) Compiling and evaluating statistics relating to accidents, diseases and deaths of seafarers ' professional origin and incorporating them into the existing national systems of accident, disease and death statistics professional origin of other categories of workers, harmonizing them at the same time with such systems;

i) Organising international exchanges of technical information, training material and teaching staff, as well as international training courses, seminars and working groups;

j) Ensure that all seafarers are health and medical monitoring services, of a curative and preventive nature that are specially destined for them in the ports, or to make available general health, medical and rehabilitation;

k) Take appropriate arrangements to repatriate the bodies or ashes of deceased seafarers as soon as possible, according to the wishes of their next of kin.

3. International cooperation in the field of health protection and the medical assistance of seafarers should be based on bilateral or multilateral agreements or consultations between Member States.

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ARTICLE 14. The formal ratifications of this Convention shall be communicated to the Director General of the International Labour Office for registration.

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ARTICLE 15. This Convention shall only bind those members of the International Labour Organization whose ratifications have been registered by the Director General.

2. It shall enter into force twelve months after the date on which the ratifications of two members have been registered by the Director General.

3. From that point on, this Convention shall enter into force for each member twelve months after the date on which its ratification has been registered.

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ARTICLE 16.

1. Any member who has ratified this Convention may denounce it at the end of a period of 10 years from the date on which it was initially put into effect, by means of an act communicated to the Director-General of the International Labour Office. The complaint shall not take effect until one year after the date on which it was registered.

2. Any member who has ratified this Convention and who, within one year of the expiry of the ten-year period referred to in the preceding paragraph, does not make use of the right of denunciation provided for in this Article shall be obliged to For a further period of 10 years, the Convention may be terminated at the end of each 10-year period, subject to the conditions laid down in this Article.

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ARTICLE 17.

1. The Director General of the International Labour Office shall notify all members of the International Labour Organization of the registration of any ratifications, declarations and complaints communicated to him by the members of the Organization.

2. When notifying the members of the organisation of the registration of the second ratification which has been communicated to it, the Director General shall draw the attention of the members of the Organization on the date of entry into force of this Convention.

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ARTICLE 18. The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of the registration and in accordance with Article 102 of the Charter of United Nations, complete information on all ratifications, statements and reports of denunciation registered in accordance with the preceding articles.

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ARTICLE 19. Each time you deem it necessary, the Board of Directors of the International Labour Office will present to the conference a memory on the implementation of the Convention, and consider the The question of whether the whole or partial revision of the agenda should be included in the agenda.

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ARTICLE 20.

1. In case the conference adopts a new convention involving a total or partial revision of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification by a member of the new review agreement will entail, ipso jure, the immediate denunciation of this Convention, notwithstanding the provisions contained in Article 16, provided that the new review agreement has entered into force;

(b) As from the date of the entry into force of the new revising Convention, this Convention shall cease to be open to ratification by the members.

2. This Convention shall remain in force in any event, in its present form and content, for the members who have ratified it and do not ratify the Convention.

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ARTICLE 21. The English and French versions of the text of this Convention are equally authentic.

Full and compliant certified copy of Spanish text by

the Director General of the International Labour Office:

FRANCISCO MAUPAIN.

Legal Counsel, Office

International Labor.

The undersigned Head of the Legal Office (E.)

from the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is faithful photocopy taken from the certified text, which rests in the Legal Office of this Ministry.

Dada en Santa Fe de Bogota, D.C., a los twenty un (21) dias

of the month of March of a thousand nine hundred and ninety-five (1995).

Chief Legal Officer (E.),

SONIA PEREIRA PORTILLA.

CONVENTION 165

SOCIAL SECURITY CONVENTION

OF THE MAR (reviewed)

The General Conference of the International Labour Organization:

convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on 24 September 1987 at its seventh meeting;

Having decided to adopt a number of proposals concerning the protection of social security for seafarers, including those on board ships flying the flag other than their own countries, a matter which constitutes a the third point of the Meeting Day Order, and

Having decided that these proposals are in the form of an international convention revising the Convention on the Insurance of People's Disease of the Sea, 1936, and the Convention on the Social Security of Seafarers 1946,

Adopts, with date of October nine thousand nine hundred and eighty-seven the following Convention, which can be cited as the convention on the social security of seafarers (revised), 1987:

PART I.

GENERAL PROVISIONS

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ARTICLE 1o. For the purposes of this Convention:

(a) "Member" means any member of the International Labour Organization for which this Convention is in force;

b) The term "legislation" includes all laws and regulations, as well as statutory provisions on social security;

(c) The expression "seafarers" includes persons employed in any quality on board a ship of sea shipping which is engaged in the carriage of goods or passengers for commercial purposes, or which is used for any another commercial purpose or a tug of sea navigation, with the exclusion of persons employed in:

i) Low-tonnage vessels, including those with a main means of propulsion, with or without auxiliary motor;

ii) Embarations such as oil and drilling rigs, when they are not sailing;

The decision on the vessels and platforms referred to in points (i) and (ii) corresponds to the competent authority of each country, after consultation with the most representative organisations of shipowners and seafarers;

d) The expression "persons in charge" has the meaning attributed to it by national legislation;

e) The term "survivors" includes persons classified or admitted as survivors by the legislation under which the benefits are granted; however, if this legislation only considers survivors to be lived in the deceased's home, it is considered that this condition is met when the persons in question have been primarily in charge of the deceased;

(f) The term "Competent Member" means the Member under whose legislation the person concerned can claim benefits;

g) The terms "residence" and "resident" refer to habitual residence;

h) The term "temporary resident" refers to a temporary stay;

i) "Repatriation" means the transport of a seafarer to a port to which he is entitled to return, in accordance with applicable laws and regulations or collective agreements;

(j) The term "non-contributory" applies to benefits whose attribution does not depend on the direct financial participation of the protected persons or the employer, nor on a qualification period in a professional activity;

k) The term "refugee" has the meaning given to it in Article 1. of the Convention on the Status of Refugees, adopted on 28 July 1951, and in paragraph 2. of Article 1. of the Protocol on the Status of Refugees, adopted on 31 January 1967;

(l) The term "stateless" has the meaning attributed to it in Article 1. of the Convention on the Statute of the Employers, adopted on 28 September 1954.

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ARTICLE 2o.

1. The Convention applies to all seafarers and, where appropriate, to persons in their care and to their survivors.

2. In so far as it considers practicable, after consultation with the representative organisations of the shipowners of fishing vessels and fishermen, the competent authority shall apply the provisions of this Convention to commercial fishing. maritime.

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ARTICLE 3o. Members shall be required to comply with the provisions of Article 9o. or of Article 11 in respect of at least three of the following branches of social security:

a) Medical assistance;

b) Economic sickness benefits;

c) Unemployment benefits;

d) Old age benefits;

e) Benefits in the event of accidents at work and occupational disease;

f) Family benefits;

g) Maternity benefits;

h) Invalidity benefits;

(i) Survival benefits, including at least one of the branches referred to in paragraphs (c), (d), (e), (h), (h) and (i).  

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ARTICLE 4. Each member shall specify at the time of its ratification the branches referred to in Article 3o. in respect of which it accepts the obligations of Article 9o. or Article 11, and shall indicate separately, in respect of each branch specified, whether it undertakes to apply the minimum standards of Article 9 to that branch. or the higher standards of Article 11.

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ARTICLE 5o. Any Member may subsequently notify the Director General of the International Labour Office to accept with effect from the date of notification the obligations of this Convention in respect of one or more of the branches referred to in Article 3o., which has not already specified at the time of its ratification, indicating separately in respect of each of these branches whether it undertakes to apply the minimum standards of the Article 9o. or the higher standards of Article 11.

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ARTICLE 6o. A Member may subsequently, by notification to the Director General of the International Labour Office and with effect from the date of the notification, replace the application of the provisions of Article 9o. by the provisions of Article 11 in respect of any accepted branch.

PART II.

GUARANTEED protection

GENERAL RULES

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ARTICLE 7o. The legislation of each Member shall provide for seafarers to whom the legislation of this Member applies a social security protection not less favourable than that which protects workers on the ground in respect of each of the social security branches referred to in Article 3o, for which there is legislation in force.

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ARTICLE 8o. Provisions should be taken to coordinate social security schemes in order to maintain the rights under way of acquisition of persons who, by ceasing to be covered by a scheme compulsory social security, of a Member, special to seafarers, entering into a corresponding scheme of that Member, applicable to workers on the ground or vice versa.

MINIMUM STANDARD

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ARTICLE 9o. When a member has committed to apply the provisions of this article to any branch of social security, seafarers and, where applicable, the persons in their care and their survivors, who are protected by the legislation of this Member, must be entitled to social security benefits in respect of covered contingencies, conditions of concession, level and duration, at least as favourable as the specified in the following provisions of the Convention on Social Security (minimum standard), 1952, for the branch concerned, namely:

(a) For medical assistance Articles 8, 10 (paragraphs 1, 2 and 3), 11 and 12 (paragraph 1);

(b) For sickness benefits, Articles 14, 16 (in conjunction with Articles 65, 66 or 67), 17 and 18 (paragraph 1);

(c) For unemployment benefits, Articles 20, 22 (in conjunction with Articles 65, 66 or 67), 23 and 24;

(d) For old age benefits, Articles 26, 28 (in conjunction with Articles 65, 66 or 67), 29 and 30;

e) For benefits in the event of an accident at work and occupational disease, Articles 32, 34 (paragraphs 1, 2 and 4), 35, 36 (in conjunction with Articles 65 or 66) and 38;

(f) For family benefits, Articles 40, 42, 43, 44 (in conjunction with Articles 66, where applicable) and 45;

g) For maternity benefits, Articles 47, 49 (paragraphs 1, 2 and 3), 50 (in conjunction with paragraphs 65 or 66), 51 and 52;

(h) For invalidity benefits, Articles 54, 56 (together with rafs 65, 66 or 67), 57 and 58;

i) For survival benefits, Articles 60, 62 (in conjunction with Articles 65, 66 or 67), 63 and 64.

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ARTICLE 10. For the purposes of compliance with the provisions of paragraphs (a), (b), (c), (d), (g), (as regards medical assistance), (h) or (i) of Article 9, any Member may take into account the protection resulting from insurance which under its legislation is not compulsory for seafarers, where such insurance:

(a) Be under the control of public authorities or jointly administered by shipowners and seafarers, in accordance with prescribed standards;

b) Cover an appreciable share of seafarers whose earnings do not exceed those of a skilled worker;

c) cumplan, together with other forms of protection, if there is a place, the corresponding provisions of the Convention on Social Security (minimum standard), 1952.

TOP STANDARD

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ARTICLE 11. When a Member has committed to apply the provisions of this Article to any branch of social security, seafarers and, where applicable, persons to their office and their survivors, who are protected by the legislation of this Member, must be entitled to social security benefits in respect of covered contingencies, conditions of concession, level and duration at least as favourable as the specified in the following provisions:

(a) For medical assistance, Articles 7o (a); 8, 9.13, 15, 16 and 17 of the Convention on Medical Assistance and Sickness Cash Benefits, 1969;

(b) For sickness benefits, Articles 7 (b); 18, 21 (in conjunction with Articles 22, 23 or 24), 25 and 26 (1o paragraphs. and 3o.) of the Convention on Medical Assistance and Sickness Benefits, 1969;

(c) For old age benefits, Articles 15, 17 (in conjunction with Articles 26, 27 or 28), 18, 19 and 29 (1st paragraph) of the Convention on invalidity, old age and survivors ' benefits, 1967;

(d) For benefits in the event of accidents at work and occupational disease, Articles 6, 9 (paragraphs 2 and 3 (introductory phrase)), 10, 13 (in conjunction with Articles 19 or 20), 14 (in conjunction with Articles 19 or 20), 15 (paragraph 1o.) 16, 17, 18 (1o paragraphs. and 2o.) (in conjunction with Articles 19 or 20) and 21 (1st paragraph) of the Convention on benefits in the event of occupational accidents and occupational diseases, 1964;

e) For maternity benefits, 3o. and 4. of the Convention on the Protection of Motherhood (revised), 1952;

(f) For invalidity benefits, Articles 8, 10 (in conjunction with Articles 26, 27 or 28), 11, 12, 13 and 29 (1st paragraph) of the Convention on invalidity, old age and survivors ' benefits, 1967;

g) For survival benefits, Articles 21, 23 (in conjunction with Articles 26, 27 or 28), 24, 25 and 29 (1st paragraph) of the Convention on invalidity, old age and survivors ' benefits, 1967;

(h) For unemployment benefits and family benefits, any future agreement establishing rules in excess of those specified in paragraphs (c) and (f) of Article 9o, and which, after its entry into force, the General Conference of the The International Labour Organisation (ILO) recognises the effects of this paragraph by means of a protocol adopted in the framework of a maritime point, which is particularly relevant to its agenda.

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ARTICLE 12. For the purposes of completing the provisions of paragraphs (a), (b), (c), (e), as regards medical assistance, (f), (g) or (h) (unemployment benefits) of Article 11, any Member may take into account the protection resulting from those insurance which under its Iegislation are not compulsory for seafarers, where such insurance:

(a) Be under the control of public authorities or jointly administered by shipowners and seafarers, in accordance with prescribed standards;

b) Cover an appreciable share of seafarers whose earnings do not exceed those of a skilled worker;

(c) cumplan, together with other forms of protection, if there is a place, the provisions of the conventions referred to in the aforementioned paragraphs of Article 11.

PART III.

SHIPOWNER RESPONSIBILITY

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