КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ. Конвенция. Международная организация труда. 23.02.06

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Guideline B4.4
               Access to shore-based welfare facilities

     Guideline B4.4.1 - Responsibilities of Members
     1. Each Member should:
     (a)  take measures to ensure that adequate welfare facilities and
services  are  provided  for seafarers in designated ports of call and
that  adequate  protection is provided to seafarers in the exercise of
their profession; and
     (b)  take  into account, in the implementation of these measures,
the  special  needs of seafarers, especially when in foreign countries
and  when  entering  war zones, in respect of their safety, health and
spare-time activities.
     2.  Arrangements  for  the  supervision of welfare facilities and
services  should  include  participation by representative shipowners`
and seafarers` organizations concerned.
     3. Each Member should take measures designed to expedite the free
circulation   among   ships,   central  supply  agencies  and  welfare
establishments  of  welfare materials such as films, books, newspapers
and  sports equipment for use by seafarers on board their ships and in
welfare centres ashore.
     4.  Members  should  cooperate  with one another in promoting the
welfare  of  seafarers  at  sea  and  in port. Such cooperation should
include the following:
     (a)  consultations  among  competent  authorities  aimed  at  the
provision   and  improvement  of  seafarers`  welfare  facilities  and
services, both in port and on board ships;
     (b)  agreements  on  the  pooling  of  resources  and  the  joint
provision  of  welfare  facilities  in  major  ports  so  as  to avoid
unnecessary duplication;
     (c)   organization   of  international  sports  competitions  and
encouragement  of the participation of seafarers in sports activities;
and
     (d)  organization  of  international  seminars  on the subject of
welfare of seafarers at sea and in port.

     Guideline B4.4.2 - Welfare facilities and services in ports
     1.  Each  Member  should  provide or ensure the provision of such
welfare  facilities  and  services  as may be required, in appropriate
ports of the country.
     2.  Welfare  facilities  and  services  should  be  provided,  in
accordance  with  national  conditions and practice, by one or more of
the following:
     (a) public authorities;
     (b)  shipowners`  and  seafarers`  organizations  concerned under
collective agreements or other agreed arrangements; and
     (c) voluntary organizations.
     3.  Necessary  welfare  and  recreational  facilities  should  be
established or developed in ports. These should include:
     (a) meeting and recreation rooms as required;
     (b)  facilities  for  sports  and  outdoor  facilities, including
competitions;
     (c) educational facilities; and
     (d)  where  appropriate, facilities for religious observances and
for personal counselling.
     4.  These  facilities  may  be  provided  by  making available to
seafarers  in accordance with their needs facilities designed for more
general use.
     5.  Where  large  numbers of seafarers of different nationalities
require  facilities  such  as hotels, clubs and sports facilities in a
particular  port, the competent authorities or bodies of the countries
of  origin  of  the  seafarers  and of the flag States, as well as the
international  associations  concerned,  should  consult and cooperate
with  the competent authorities and bodies of the country in which the
port  is  situated and with one another, with a view to the pooling of
resources and to avoiding unnecessary duplication.
     6.  Hotels  or hostels suitable for seafarers should be available
where  there is need for them. They should provide facilities equal to
those  found  in  a  good-class hotel, and should wherever possible be
located  in  good surroundings away from the immediate vicinity of the
docks.  Such  hotels  or  hostels  should  be properly supervised, the
prices charged should be reasonable in amount and, where necessary and
possible,  provision  should  be  made  for  accommodating  seafarers`
families.
     7.   These   accommodation  facilities  should  be  open  to  all
seafarers,  irrespective  of nationality, race, colour, sex, religion,
political  opinion or social origin and irrespective of the flag State
of  the ship on which they are employed or engaged or work. Without in
any  way  infringing  this  principle,  it may be necessary in certain
ports  to  provide several types of facilities, comparable in standard
but adapted to the customs and needs of different groups of seafarers.
     8.  Measures  should  be  taken  to  ensure  that,  as necessary,
technically  competent persons are employed full time in the operation
of  seafarers`  welfare  facilities  and  services, in addition to any
voluntary workers.

     Guideline B4.4.3 - Welfare boards
     1.  Welfare  boards  should be established, at the port, regional
and national levels, as appropriate. Their functions should include:
     (a)  keeping  under  review  the  adequacy  of  existing  welfare
facilities  and  monitoring  the  need for the provision of additional
facilities or the withdrawal of underutilized facilities; and
     (b)  assisting  and  advising  those  responsible  for  providing
welfare facilities and ensuring coordination between them.
     2.   Welfare   boards   should   include   among   their  members
representatives  of  shipowners`  and  seafarers`  organizations,  the
competent  authorities and, where appropriate, voluntary organizations
and social bodies.
     3.   As   appropriate,  consuls  of  maritime  States  and  local
representatives of foreign welfare organizations should, in accordance
with  national  laws  and  regulations, be associated with the work of
port, regional and national welfare boards.

     Guideline B4.4.4 - Financing of welfare facilities
     1. In accordance with national conditions and practice, financial
support  for  port welfare facilities should be made available through
one or more of the following:
     (a) grants from public funds;
     (b) levies or other special dues from shipping sources;
     (c)  voluntary contributions from shipowners, seafarers, or their
organizations; and
     (d) voluntary contributions from other sources.
     2. Where welfare taxes, levies and special dues are imposed, they
should be used only for the purposes for which they are raised.

     Guideline  B4.4.5 - Dissemination of information and facilitation
measures
     1.  Information should be disseminated among seafarers concerning
facilities  open  to the general public in ports of call, particularly
transport,  welfare,  entertainment  and  educational  facilities  and
places  of  worship,  as  well as facilities provided specifically for
seafarers.
     2.  Adequate  means  of  transport  at  moderate prices should be
available at any reasonable time in order to enable seafarers to reach
urban areas from convenient locations in the port.
     3.  All  suitable  measures  should  be  taken  by  the competent
authorities to make known to shipowners and to seafarers entering port
any   special  laws  and  customs,  the  contravention  of  which  may
jeopardize their freedom.
     4.  Port  areas  and  access  roads  should  be  provided  by the
competent  authorities  with  adequate  lighting  and  signposting and
regular patrols for the protection of seafarers.

     Guideline B4.4.6 - Seafarers in a foreign port
     1.  For  the  protection  of seafarers in foreign ports, measures
should be taken to facilitate:
     (a)  access  to consuls of their State of nationality or State of
residence; and
     (b)  effective  cooperation  between  consuls  and  the  local or
national authorities.
     2.  Seafarers  who are detained in a foreign port should be dealt
with  promptly  under due process of law and with appropriate consular
protection.
     3.  Whenever  a  seafarer  is  detained  for  any  reason  in the
territory of a Member, the competent authority should, if the seafarer
so  requests,  immediately  inform  the  flag  State  and the State of
nationality  of  the seafarer. The competent authority should promptly
inform  the seafarer of the right to make such a request. The State of
nationality of the seafarer should promptly notify the seafarer`s next
of  kin.  The  competent  authority  should allow consular officers of
these  States  immediate  access  to  the  seafarer and regular visits
thereafter so long as the seafarer is detained.
     4.  Each  Member  should  take  measures,  whenever necessary, to
ensure the safety of seafarers from aggression and other unlawful acts
while  ships  are  in  their  territorial  waters  and  especially  in
approaches to ports.
     5.  Every  effort should be made by those responsible in port and
on  board  a  ship  to facilitate shore leave for seafarers as soon as
possible after a ship`s arrival in port.

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