Article 2
Each Member which ratifies this Convention undertakes -
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(a)
to have laws or regulations laying
down, for ships registered in its territory -
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(i) safety standards, including standards of competency,
hours or work and manning, so as to ensure the safety of life on board
ship;
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(ii) appropriate social security measures; and
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(iii) shipboard conditions of employment and shipboard
living arrangements, in so far as these, in the opinion of the Member,
are not covered by collective agreements or laid down by competent
courts in a manner equally binding on the shipowners and seafarers
concerned;
and to satisfy itself that the provisions
of such laws and regulations are substantially equivalent to the Conventions
or Articles of Conventions referred to in the Appendix to this Convention, in so far as the Member is not otherwise
bound to give effect to the Conventions in question;
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(b)
to exercise effective jurisdiction
or control over ships which are registered in its territory in respect
of -
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(i) safety standards, including standards of competency,
hours or work and manning, prescribed by national laws or regulations;
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(ii) social security measures prescribed by national
laws or regulations;
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(iii) shipboard conditions of employment and shipboard
living arrangements prescribed by national laws or regulations, or
laid down by competent courts in a manner equally binding on the shipowners
and seafarers concerned;
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(c)
to satisfy itself that measures
for the effective control of other shipboard conditions of employment
and living arrangements, where it has no effective jurisdiction, are
agreed between shipowners or their organisations and seafarers' organisations
constituted in accordance with the substantive provisions of the Freedom
of Association and Protection of the Right to Organise Convention,
1948, and the Right to Organise and collective Bargaining Convention,
1949;
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(d)
to ensure that -
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(i) adequate procedures - subject to overall supervision
by the competent authority, after tripartite consultation amongst
that authority and the representative organisations of shipowners
and seafarers where appropriate - exist for the engagement of seafarers
on ships registered in its territory and for the investigation of
complaints arising in that connection;
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(ii) adequate procedures - subject to overall
supervision by the competent authority, after tripartite consultation
amongst that authority and the representative organisations of shipowners
and seafarers where appropriate - exist for the investigation of any
complaint made in connection with and, if possible, at any time of
the engagement in its territory of seafarers of its own nationality
on ships registered in a foreign country, and that such complaint
as well as any complaint made in connection with and, if possible,
at the time of the engagement in its territory of foreign seafarers
on ships registered in a foreign country, is promptly reported by
its competent authority to the competent authority of the country
in which the ship is registered, with a copy to the Director-General
of the International Labour Office;
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(e)
to ensure that seafarers employed
on ships registered in its territory are properly qualified or trained
for the duties for which they are engaged, due regard being had to
the Vocational Training (Seafarers) Recommendation, 1970;
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(f)
to verify by inspection of other
appropriate means that ships registered in its territory comply with
applicable international labour Conventions in force which it has
ratified, with the laws and regulations required by subparagraph (a) of this Article and, as may be appropriate under national
law, with applicable collective agreements;
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(g)
to hold an official inquiry into
any serious marine casualty involving ships registered in its territory,
particularly those involving injury and/or less of life, the final
report of such inquiry normally to be made public.
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