Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Bangladesh (Ratification: 1972)

Legislation giving effect to the Convention. The Committee previously noted that section 263 and chapter XVI on dockworkers’ recruitment control and safety of the Bangladesh Labour Act 2006 had been repealed by Act No. 66 of 2009 and replaced by chapter XVIA concerning regulations related to the repealed dockworkers’ management board. In this regard, the Committee observed that the amended section 263A did not contain any provisions empowering the Government to adopt safety measures or make regulations concerning safety or dockworkers, and therefore requested the Government to indicate the measures taken to give effect to the Convention. The Committee welcomes the Government’s indication that, under the terms of the Labour Act as amended in 2013, it adopted the Bangladesh Labour Rules (BLR) 2015, which include a specific section (section 75) and an annex (Annex 3) on security measures in the port sector. The Committee notes, however, that the provisions of the BLR give effect only to certain Articles of the Convention and do not allow for a full evaluation of the application of the Convention. The Committee therefore requests the Government to provide information on any legislative or regulatory measures adopted or envisaged to give effect to the following Articles of the Convention: Article 2(1) and 2(2), (3), (4) and (5) (approaches); Article 3(5) and (6) (means of access to ships); Article 4 (transport of workers by water in vessels); Article 5 (means of access to cargo holds for the carrying on of processes therein); Article 6 (protection mechanisms for hatchways and other openings on board the ship); Article 8 (safety of workers engaged in removing or replacing hatch coverings); Article 9(2)(2)(a), (3), (4), (6), (7), (8) and (9) (measures taken to ensure that all hoisting machines and any other fixed or mobile gear used in connection therewith are kept in safe working condition); Article 11(1), (3), (4), (5), (6), (7) and (8) (provisions regarding loading operations); Article 13 (first-aid facilities and equipment); Article 14 (prohibition on removing or interfering with protective gear); Article 15 (exemptions from or exceptions to the provisions of the Convention); Article 16 (application of measures envisaged by the Convention that affect ships under construction); Article 17(2) and (3) (efficient system of inspection and posting of copies of the regulations); and Article 18 (reciprocal arrangements).

Part V of the report form. Application in practice. The Committee previously noted the Government’s indication that information on the application of the Convention in practice was not available due to the lack of improved data management systems and of skilled personnel. The Committee notes that the Government indicates in its latest report that in 2014 the Department of Inspection for Factories and Establishments (DIFE) was created, and expresses its intention to establish labour inspection services in ports and develop a database management system. The Committee requests the Government to provide information in its next report on any progress made in this regard and, where appropriate, to include statistical data from the port sector on the number of inspections carried out, the number and nature of the contraventions reported and the number, nature and causes of the accidents reported.

Prospects for the ratification of the most up-to-date Convention. The Committee encourages the Government to review the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this subject area. The Committee requests the Government to provide information on any measures taken in this regard and recalls that it can avail itself of the technical assistance of the Office for this purpose.