Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Maritime Labour Convention, 2006 (MLC, 2006) - Ghana (Ratification: 2013)

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments on the General Report of 2021 on this issue.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government previously ratified nine maritime labour Conventions which have been denounced as a consequence of the entry into force of the MLC, 2006, for Ghana. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 entered into force for Ghana on 18 January 2017. The Committee notes the efforts undertaken by the Government to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article II. Definitions and scope of application. The Committee notes that regulation 1 of the Ghana Shipping (Maritime Labour) Regulations, 2015 (hereafter, the Shipping Regulations) states that these Regulations apply to: (a) a Ghanaian registered ship which is engaged in commercial activities, except where that ship is (i) engaged in fishing, (ii) a warship or naval ship, or (iii) a ship exempted by the Director-General; (b) a seafarer if the seafarer does not belong to the categories of persons exempted by the Director-General and specified in a Maritime Circular; and (c) a seafarer recruitment and placement service registered and licensed in this country. The Committee recalls that the Convention applies to all seafarers and ships as defined in Article II, paragraph 1(f) and (i), other than those excluded under paragraphs 2 and 4. The Committee recalls that the Convention provides flexibility for national implementation in different ways. Article II, paragraphs 3 and 5, provides flexibility in the event of doubt as to the application of the Convention to categories of persons or to a ship or particular category of ship after consultation with shipowners’ and seafarers’ organizations. It draws the attention of the Government to the fact that exemptions to the requirements of the MLC, 2006, are possible only where they are expressly permitted by the Convention. As a principle, exemptions to the requirements of the Convention shall be granted by the Government (competent authority) after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate if categories of persons or ships have been exempted from the application of the Shipping Regulations by the Director-General and specified in a Maritime Circular, and if this is the case whether any exemptions with respect to the application of these Regulations to categories of persons or ships were made after consultation with the shipowners’ and seafarers’ organizations.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers’ national determination. The Committee notes that, according to section 481 of the Ghana Shipping Act, 2003, “seafarer” means a person employed or engaged in any capacity on board a ship, and includes apprentices except for the purposes of sections 183 to 206 inclusive (relating to repatriation), but does not include a master, pilot or a person temporarily employed on the ship while the ship is in port. The Committee recalls that, in accordance with Article II, paragraph 1(f), the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee considers that pilots and persons temporarily employed on the ship while the ship is in port could be excluded from this definition. However, masters must be covered by the Convention. The Committee requests the Government to provide information on any measures adopted to amend the legislation in order to ensure that masters are considered seafarers for the purpose of the Convention.

The Committee notes that section 481 of the Ghana Shipping Act, 2003, while including apprentices in the definition of seafarers, excludes them from the application of sections 183 to 206 related to repatriation. Recalling the definition of seafarers mentioned above, the Committee reminds the Government that the MLC, 2006, does not allow for the partial application of the national law implementing its provisions as far as the workers concerned are seafarers covered by the Convention. The Committee underlines that the protection afforded by the Convention is particularly important for the more vulnerable categories of persons, such as apprentices and cadets. The Committee therefore requests the Government to indicate the measures taken to ensure that apprentices fully enjoy the protection provided by the Convention. The Committee recalls that, as foreseen in Article VI, paragraph 3, of the Convention, the Government, in consultation with social partners, could agree on substantial equivalent measures applicable to apprentices, where needed, in accordance with the Convention.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes the Government’s indication that the minimum age to be employed on board a Ghanaian vessel is 16 years old, as provided for by regulation 9 of the Shipping Regulations. The Committee, however, notes that, pursuant to section 118 of the Ghana Shipping Act, 2003, a person under the age of 18 shall not be employed in a Ghanaian ship except: (a) for work approved by the Authority on board a “school-ship” or “training ship”; or (b) where the Authority having due regard to the health and physical condition of that person and to the prospective and immediate benefit to that person of the employment, certifies that the employment will be beneficial to that person. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. The Committee draws the attention of the Government to the need to avoid any inconsistencies in the applicable provisions so as to ensure full conformity with the Convention. The Committee requests the Government to indicate the measures taken or envisaged to bring its legislation into conformity with Standard A1.1, paragraph 1, of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that regulation 9(1)(b) of the Shipping Regulations provides that a person under the age of 18 years shall not be employed on a ship where the work may jeopardize the health and safety of that person and that regulation 9(2) states that for the purpose of subregulation (1), the Authority shall specify in Maritime Circulars the kind of work that may jeopardize the health and safety of a person. Noting that the Government has not provided information on the adoption of this list, the Committee requests the Government to take the necessary measures to ensure that the list of types of hazardous child labour is prepared and adopted, thereby prohibiting hazardous types of work to children under 18 years and to provide information on the progress made in this regard.

Regulation 1.2 and Standard A1.2. Medical certificate. The Committee notes the provisions of Regulation 1.2 and Standard A1.2, namely: (i) the requirement that duly qualified practitioners must enjoy full professional independence in exercising their medical judgement in undertaking medical examination procedures (Standard A1.2, paragraph 4); and (ii) the opportunity for seafarers, who have been refused a certificate or have had a limitation imposed on their ability to work, to have a further examination by another independent medical practitioner or by an independent medical referee without prior permission by the competent authority (Standard A1.2, paragraph 5). The Government has not provided information in this regard. The Committee requests the Government to provide information on the measures envisaged to give effect to these requirements of the Convention.

The Committee further notes that regulation 10(7) of the Shipping Regulations is in conformity with respect to the periods of validity for medical and colour vision certificates, as provided for under the MLC, 2006. However it observes that the LI 1790 Merchant Shipping (Training, Certification, Manning and Watchkeeping) Regulations, 2004, does not have the same validity periods for examinations as the MLC, 2006, and does not specifically require a medical certificate. The Committee therefore requests the Government to indicate the measures taken to ensure that full effect is given to the MLC, 2006, with respect to periods of validity for medical and colour vision certificates.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that regulation 12(13) of the Shipping Regulations provides that a seafarer recruitment and placement service provider shall establish a system of protection, by way of insurance or an equivalent appropriate measure. The Committee requests the Government to provide detailed information on the system of protection established and its functioning in practice.

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. While noting the regulatory provisions concerning private seafarers’ recruitment and placement services, the Committee observes that no information has been provided by the Government concerning existing machinery and procedures for investigating complaints about their activities, as required under Standard A1.4, paragraph 7, of the Convention. The Committee therefore requests the Government to provide information on the manner in which it implements this provision of the Convention.

Regulation 2.1, paragraph 1, and Standard A2.1. Seafarers’ employment agreements. Exceptions. The Committee notes, with respect to Seafarers’ employment agreements (SEAs), that section 112 of the Ghana Shipping Act, 2003, does not apply to ships under 24 metres in length, which are not engaged on international voyages and to vessels of any length trading or operating solely within the inland waters of Ghana. While noting that regulation 13(1) of the Shipping Regulations does not provide for these exceptions, the Committee observes that in case of contradiction, the Ghana Shipping Act, 2003, prevails over the Shipping Regulations. The Committee recalls that the Convention applies to all ships as defined in Article II, paragraph 1(i), other than those excluded under paragraph 4. In the event of doubt, a determination may be made under paragraph 5 as to whether the Convention applies to a ship or particular category of ships. Article II, paragraph 6, provides additional flexibility with respect to the application of “certain details of the Code” to ships of less than 200 gross tons (GT) that do not voyage internationally. This flexibility can only be exercised by the competent authority in consultation with the shipowners’ and seafarers’ organizations concerned for cases where it determines that it would not be reasonable or practicable to apply the details of the Code provisions concerned at the present time and that the subject matter of the relevant Code provisions is dealt with differently by national legislation or collective agreements or other measures. The Committee recalls that paragraph 6 does not provide for the exclusion of a ship, or a category of ships, from the protection offered by the Convention and, even if a determination has been made, it can only apply to details of the Code (the Standards and Guidelines). The Committee draws the attention of the Government to the need to avoid any inconsistencies in the applicable provisions and therefore requests the Government to harmonize its legislation to ensure full conformity with Regulation 2.1.

Regulation 2.1, paragraph 1, and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative and signed original. While noting that regulation 13(1) of the Shipping Regulations is in conformity with the provisions of Standard A2.1, paragraph 1(a) and (c), the Committee observes that the Ghana Shipping Act, 2003, contains several provisions which do not give effect to the requirements of the Convention. Section 108 of the Ghana Shipping Act, 2003, provides that the owner or master of every ship shall enter into an agreement with every seafarer whom the owner or master engages as one of the crew. The Committee also notes that section 112 of the Ghana Shipping Act, 2003, provides that, with respect to a crew agreement made in the case of a ship trading from and beyond the waters of Ghana, the agreement shall be signed in duplicate when the crew is first engaged, and one copy forwarded to the owner of the ship and the other retained by the master. The Committee recalls: (i) the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II and therefore that, in accordance with Standard A2.1, paragraph 1(a), every seafarer must have an agreement that is signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer); and (ii) both the shipowner and seafarer concerned shall each have a signed original of the SEA (Standard A2.1, paragraph 1(c)). The Committee requests the Government to indicate the measures taken or envisaged to amend the Ghana Shipping Act, 2003, on order to put it in conformity with the Convention. It further requests the Government to provide an example of the standard form agreement.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreements. Content. The Committee notes that regulation 13(9) of the Shipping Regulations reproduces the matters to be included in an SEA, as required under Standard A2.1, paragraph 4. However, it notes that the list of matters to be included in an SEA provided for under the Ghana Shipping Act, 2003, does not contain all the matters required by the Convention to be included in a SEA. The Committee therefore requests the Government to indicate the measures taken or envisaged to amend the Ghana Shipping Act, 2003, in order to give full effect to Standard A2.1, paragraph 4.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes that regulation 13(11) of the Shipping Regulations provides that seafarers may give a notice period shorter than seven days “in exceptional circumstances”. The Committee recalls that, according to Standard A2.1, paragraph 6, in determining the circumstances in which a notice period shorter than the minimum may be given, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. The Committee therefore requests the Government to specify what would be considered “exceptional circumstances” under regulation 13(11) of the Shipping Regulations and to indicate if compassionate reasons are taken into account.

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment. Monthly account. While noting that regulation 14 of the Shipping Regulations implements the requirements of Standard A2.2, the Committee observes that the provisions of the Ghana Shipping Act, 2003, differ and do not specify that seafarers must be paid at no greater than monthly intervals and that they are to be given a monthly account of the payments due and the amounts paid. Recalling the importance to avoid inconsistencies between national provisions, the Committee requests the Government to indicate the measures taken to amend the Ghana Shipping Act, 2003 in order to give full effect to Standard A2.1, paragraphs 1 and 2.

Regulation 2.2 and Standard A2.2, paragraph 6. Wages. Deductions. The Committee notes that under section 126 of the Ghana Shipping Act, 2003, except in respect of a matter that happens after the delivery of account of wages, a deduction from the wages of a seafarer shall not be allowed unless it is included in the account delivered in pursuance of this Act. The Committee notes that Guideline B2.2.2, paragraph 4(h), provides that national laws and regulations adopted after consulting the relevant seafarers’ and shipowners’ organizations or, as appropriate, collective agreements, should take into account that deductions from remuneration should be permitted only if: (i) there is an express provision in national laws or regulations or in applicable collective bargaining agreements and the seafarer has been informed of the conditions for such deductions; and (ii) the deductions do not in total exceed the limit that may have been established by national laws or regulations or collective bargaining agreements or court decisions for making such deductions. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.2.2, paragraph 4(h).

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that regulation 15(2) of the Shipping Regulations provides that seafarers receive a minimum of ten hours of rest in any 24-hour period, which may be divided into no more than two periods, one of which shall be at least six hours in length. The Committee also notes that regulation 15(10) of the Shipping Regulations provides that a master may require a seafarer, to exceed the scheduled duty periods, where in the opinion of the master it is necessary in an emergency: (a) which threatens the safety of the ship; (b) which threatens the safety of a person on board the ship; (c) which may result in damage to cargo; or (d) for the purpose of giving assistance to other ships or persons in distress at sea. The Committee however observes that there is no provision with respect to compensatory rest for seafarers once the normal situation has been restored. The Committee recalls that pursuant to Standard A3.2, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. Therefore, the Committee requests the Government to take the necessary steps to ensure the application of Standard A2.3, paragraph 14.

Regulation 2.4 and Standard A2.4. Entitlement to leave. Maximum period of service on board. The Committee notes that some provisions of section 144 of the Ghana Shipping Act, 2003 and regulation 16 of the Shipping Regulations give effect to the requirements contained in Regulation 2.4. The Committee notes, however, that according to section 144(1) of the Ghana Shipping Act, 2003, a seafarer is entitled after 12 months of continuous service on a Ghanaian ship, or for the same employer, to annual leave with pay, the duration of which shall be not less than 30 working days for each year of service. The Committee recalls that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5, paragraph 2(b), on repatriation, it flows that the maximum continuous period of shipboard service without leave is, in principle, 11 months. The Committee therefore requests the Government to take the necessary measures to ensure conformity with Standard A2.4, paragraph 3 and Standard A2.5, paragraph 2.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes that regulation 16(4) of the Shipping Regulations provides that “Except in cases provided for by the Director-General, an agreement to forgo the annual leave entitlement under subregulation (3) is void.” The Committee recalls that Standard A2.4, paragraph 3, provides that any agreement to forgo minimum annual leave with pay shall be prohibited, except in cases provided for by the competent authority. The Committee considers that this provision needs to be understood in a restrictive manner. In contrast, to read in this Standard a broad authorization to forgo annual leave for cash compensation or otherwise, would defeat the purpose of Regulation 2.4, which is to ensure that seafarers have adequate leave. In this context, the Committee requests the Government to indicate whether the Director-General has authorized seafarers to forgo their annual leave and if that is the case, to provide detailed information about such cases.

Regulation 2.5, paragraph 2. Repatriation. Financial security. The Committee notes that, pursuant to regulation 17(3) of the Shipping Regulations, a shipowner shall provide the Authority with evidence of financial security sufficient to ensure that a seafarer who is engaged by that shipowner will be duly repatriated “at the end of the employment of the seafarer”. The Committee notes that this provision may be read in a restrictive manner thereby not including cases where a seafarer is entitled to repatriation in circumstances other than at the end of the employment of the seafarer, that is to say when the seafarer’s employment agreement is terminated by the shipowner or by the seafarer for justified reasons and also when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances (Standard A2.5.1, paragraph 1). The Committee requests the Government to indicate how it ensures that the financial security covers all the cases of repatriation foreseen in the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that neither the Ghana Shipping Act, 2003, nor the Shipping Regulations specifically provide for a maximum duration of service following which a seafarer is entitled to repatriation, as required under Standard A2.5.1, paragraph 2(b). It observes that section 144(1) of the Ghana Shipping Act, 2003, states that a seafarer is entitled after 12 months of continuous service on a Ghanaian ship, or for the same employer, to annual leave with pay. Referring to its comments under Standard A2.4, the Committee recalls that Standard A2.5, paragraph 2(b), provides that national laws or regulations, other measures, or collective bargaining agreements, should prescribe “the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months” and requests the Government to take the necessary measures to give effect to this requirement of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that section 201 of the Ghana Shipping Act, 2003, defines a “proper return port” as: (a) the port at which a seafarer was shipped or engaged; (b) a port in the country to which the seafarer is ordinarily resident; or (c) in the case of a discharged seafarer, some other port agreed to by the seafarer at the time of the seafarer’s discharge as the place the seafarer desires to be discharged. However, the Committee observes that section 203(1) provides, when a question arises as to what return port a seafarer is to be sent or the route by which the seafarer should be sent, the question shall be decided by the Registrar of seafarers. The Committee recalls that Guideline B2.5.1, paragraph 7, states that seafarers should have the right to choose from among the prescribed destinations the place to which they are to be repatriated. The Committee therefore requests the Government to provide information as to how it has given due consideration to Guideline B2.5.1, paragraph 7.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7. Standard A2.7, paragraph 1. Manning levels. Adequate manning. The Committee notes that the Government has not provided an example of a safe manning document or its equivalent issued by the competent authority. The Committee stresses that the full assessment of the application of Regulation 2.7 requires the review of the supporting documentation listed in the report form. Therefore, the Committee requests the Government to communicate a copy of an example of a safe manning document or its equivalent.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. The Committee notes that section 158(1) of the Ghana Shipping Act, 2003, provides that a Ghanaian ship of 1,000 GT or more, trading from and beyond the waters of Ghana, shall carry a duly certified ship’s cook. The Committee recalls that Regulation 2.7 applies to all ships that fly the flag of a Member and, with respect to the requirement for ships to carry a fully qualified cook, the only exception applies to ships operating with a prescribed manning of less than ten. The Committee therefore requests the Government to take the necessary measures to ensure that full effect is given to this requirement of the Convention.

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application. Requirements for ships constructed prior to the entry into force of the MLC, 2006. The Committee observes that Ghana has ratified the Accommodation of Crews Convention (Revised), 1949 (No. 92). However, it notes that the Government has not provided information as to how the relevant requirements in Convention No. 92 apply with respect to matters relating to construction and equipment for ships constructed prior to the entry into force of the MLC, 2006, for Ghana. The Committee recalls that Regulation 3.1, paragraph 2, provides that, for ships constructed before the date of its entry into force, the requirements relating to ship construction and equipment that are set out in Convention No. 92 shall continue to apply to the extent that they were applicable, prior to that date, under the law or practice of the Member concerned. The Committee requests the Government to provide detailed information concerning the implementing legislation for ships that continue to fall under the application of Convention No. 92.

Regulation 3.1 and Standard A3.1, paragraphs 2(a) and 17. Accommodation and recreational facilities. Occupational safety and health and accident prevention requirements. The Committee notes that the Government has not provided information as to how the provisions of the Shipping Regulations establishing the minimum standards for seafarers’ on-board accommodation and recreational facilities take into account the requirements in Regulation 3.1 and the Code regarding occupational safety and health and accident prevention, as required under Standard A3.1, paragraphs 2(a) and 17. The Committee requests the Government to provide information in this respect.

Regulation 3.1 and Standard A3.1, paragraph 3. Accommodation and recreational facilities. Flag State inspection. While noting that the Maritime Labour Certificate refers to additional inspections to be carried out for the purpose of verifying that the ship continues to be in compliance with the national requirements implementing the Convention, as required by Standard A3.1, paragraph 3, of the Convention (re-registration or substantial alteration of accommodation), the Committee observes that there does not seem to be a provision in the Shipping Regulations implementing this requirement. The Committee requests the Government to provide information on how effect is given to the requirement of Standard A3.1, paragraph 3.

Regulation 3.1 and Standard A3.1, paragraph 19. Accommodation and recreational facilities. Variations. Religious and social practices. The Committee notes that section 29 of the Shipping Regulations allows for “fairly applied variations” in respect of the requirements concerning accommodation and recreational facilities, on condition that the variations do not result overall in the facilities being less favourable than those which would result from the application of the requirements. The Committee observes that this provision does not specify that these variations may apply where there is a need to take into account, without discrimination, the interests of seafarers having differing and distinctive religious and social practices and may therefore be read in a broad manner which may conduce to variations that are not permitted under Standard A3.1. The Committee requests the Government to explain how it ensures that these variations may only be permitted where there is a need to take into account, without discrimination, of the interests of seafarers having differing and distinctive religious and social practices as provided for under Standard A3.1, paragraph 19.

Regulation 3.1 and Standard A3.1, paragraphs 20 and 21. Accommodation and recreational facilities. Exemptions. The Committee notes that, pursuant to section 30(a) of the Shipping Regulations, the authority may exempt a ship not exceeding 200 GT from the requirement, among others, of Standard A3.1, paragraph 10, with respect to the floor area of mess rooms and paragraphs 14 and 15 with respect to recreational facilities, amenities and services. The Committee recalls that while certain limited exceptions are permitted under Standard A3.1, paragraph 20, for ships of less than 200 GT, paragraph 21 makes clear that any exemptions concerning the requirements of Standard A3.1 are limited to those expressly permitted under the Standard and only for certain circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee also notes that section 30(b) provides for other possible exemptions for ships of less than 3,000 GT and/or special purpose ships from the requirements of Standard A3.1, paragraph 11, with respect to sanitary facilities and paragraph 12 with respect to hospital accommodation. The Committee recalls that in the case of sanitary facilities, consideration, and not exemption, may be given by the competent authority to special arrangements or to a reduction in the number of facilities required for passenger ships normally engaged on voyages of not more than four hours duration. Finally, the Committee recalls that Standard A3.1, paragraph 21, provides that any exemptions with respect to the requirements of this Standard may be made only where they are expressly permitted in this Standard. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all exemptions to the application of the Regulations are made within the limitations provided for under Standard A3.1, paragraphs 20 and 21.

Regulation 3.2, paragraph 1, and Standard A3.2, paragraph 2(a). Food and catering. Religious and cultural practices. While noting that regulation 31(1) of the Shipping Regulations provides that a shipowner shall ensure that on board the ship the food and drinking water are of suitable quantity, nutritional value and quality, for the number of seafarers on board and the duration and nature of the voyage, the Committee observes that there is no reference to the requirement that the differing cultural and religious backgrounds of seafarers are taken into account when determining the suitability of food supplies. The Committee requests the Government to provide information regarding the measures taken in this respect.

Regulation 3.2 and Standard A3.2, paragraph 6. Food and catering. Dispensation permitting a non-fully qualified cook. The Committee notes that, pursuant to section 158 of the Ghana Shipping Act, 2003, where in the opinion of the Authority there is an inadequate supply of certified ships’ cooks it may exempt a particular ship from the requirements of this section for a specified period. The Committee also notes that, pursuant to regulation 31(2) of the Shipping Regulations, the Authority may permit a person who has not completed a training course approved or recognized by the Authority to serve as a cook in a specified ship until the next convenient port of call or for a period not exceeding one month. Recalling that dispensations may only be issued in circumstances of exceptional necessity for a limited period of time (not exceeding one month), provided that the person to whom the dispensation is issued is trained or instructed in areas including food and personal hygiene as well as handling storage of food on board ship, as required under Standard A3.2, paragraph 6, the Committee requests the Government to indicate the measures taken to ensure that dispensations permitting a non-fully qualified cook to serve as a ship’s cook are limited to these cases.

Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to on shore medical facilities for seafarers on board foreigner ships. The Committee notes that the Government has not provided information on the measures adopted to give effect to Regulation 4.1, paragraph 3, regarding the obligation as a port State to ensure that seafarers on board ships in Ghanaian territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore. The Committee requests the Government to provide information in this regard.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes that the Government has not provided information as to how it gives effect to the requirement that a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day; and that medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, shall be available free of charge to all ships irrespective of the flag that they fly. The Committee requests the Government to indicate how it ensures that the requirement under Standard A4.1, paragraph 4(d), applies to all ships voyaging in Ghanaian waters irrespective of the flag that they fly.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. While noting that regulation 33(8) of the Shipping Regulations gives effect to the requirement of Standard A4.2.1, paragraph 7, the Committee observes that section 148 of the Ghana Shipping Act, 2003, provides that the master may cause any of the effects of a deceased seafarer to be sold. The Committee recalls that Standard A4.2.1, paragraph 7, provides for shipowners or their representatives to safeguard the personal property of sick or injured or deceased seafarers and to return it to them or their next of kin. The Committee requests the Government to indicate the measures taken to amend the Ghana Shipping Act, 2003, to ensure full conformity with this requirements of the Convention.

Regulation 4.2 and Standards A4.2.1, paragraphs 8–14, and A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee notes that section 18(3) of the Regulations states that shipowners must provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard. However, the Regulations do not contain provisions ensuring that all seafarers are covered by a financial security provider for contractual claims despite the fact that the Declaration of Maritime Labour Compliance (DMLC), Part I, states that shipowners shall ensure that seafarers are covered by a financial security provider for contractual claims which refer to any claim relating to death or long-term disability of a seafarer due to an occupational injury, illness or hazard and that a certificate or other documentary evidence of financial security issued by a financial security provider shall be posted in a conspicuous place on board and easily available to the seafarers. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (If yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board.); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated? and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a sample of an existing certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and Standard A4.3. Health and safety protection and accident prevention. While noting that section 34 of the Shipping Regulations reproduces the provisions of Regulation 4.3, the Committee notes that the Government has not provided information on the laws and regulations and other measures adopted to implement Standard A4.3 on health and safety protection and accident prevention. The Committee recalls that member States are obliged to consult with the shipowners and seafarers organizations to develop national guidelines, laws, and regulations and other measures that apply on ships, and to regularly review and revise these instruments, as well as to carry out inspections on ships for compliance by shipowners with these national requirements. The Committee requests the Government to provide detailed information on: (i) any national laws and regulations and other measures adopted and on their regular review in consultation with representatives of the shipowners’ and seafarers’ organizations, in accordance with Regulation 4.3, paragraph 3, and Standard A4.3, paragraphs 1–3; (ii) the development, after consultation with representative shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health to protect seafarers that live, work and train on board ships flying its flag, and to provide a copy of them when available (Regulation 4.3, paragraph 2); (iii) the implementation of the requirement that a safety committee – including a seafarers’ representative – be established on all ships with five or more seafarers (Standard A4.3, paragraph 2(d)); and (iv) the reporting, investigation and statistics on occupational accidents, injuries and diseases in accordance with Standard A4.3, paragraphs 5 and 6.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes that in accordance with Standard A4.5, paragraphs 2 and 10, the Government has specified the following branches of social security: medical care; sickness benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit and survivors’ benefit. While noting that regulation 35(1) of the Shipping Regulations states that the provisions of the National Pensions Act, 2008 (Act 766) apply to a seafarer who is a citizen of this country or who is ordinarily resident in this country, the Committee also notes that regulation 35(2) provides that a shipowner, who employs a seafarer from a country that is not a party to the Convention, shall ensure that the seafarer is provided with access to social security protection as set out in Maritime Circulars. The Committee recalls that, although the primary obligation rests with the Member in which the seafarer is ordinarily resident, Standard A4.5, paragraph 6, provides that Members have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate coverage in the applicable branches of social security. The Committee requests the Government to specify whether maritime circulars have been adopted or are envisaged, in accordance with regulation 35(2) of the Shipping Regulations, to provide seafarers from countries that are not party to the Convention with access to social security protection.

Regulation 5.1.1. Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006, on board. The Committee notes that the Shipping Regulations do not require that a copy of the Convention is available on board ships. Recalling that pursuant to Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the Convention available on board, the Committee requests the Government to report on how it ensures compliance with this requirement of the Convention.

Regulation 5.1.2 and Standard A5.1.2. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that section 254(4) of the Ghana Shipping Act, 2003, provides that the inspection of ships, with regards to the enforcement of the Regulations made under this Part, shall be carried out by a surveyor or subject to the conditions that the Director-General may impose, by a recognized organization or society for the classification of ships authorised by the Director-General. The Committee notes that the Government has not provided examples of agreements with recognized organizations nor information regarding the relevant provisions implementing its obligation to review the competence and independence of recognized organizations, including information on any system established for oversight and communication of relevant information to authorized organizations, required under Standard A5.1.2, paragraphs 1 and 3. The Committee therefore requests the Government to provide copies of such agreements and to specify how effect is given to the requirements of Standard A5.1.3, paragraphs 1 and 3.

Regulation 5.1.3 and Standard A5.1.3. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Interval and scope of inspections. While noting that the Shipping Regulations implement some of the requirements of Standard A5.1.3 on the Maritime Labour Certificate and the DMLC, the Committee observes that these provisions do not specify the interval for prior, including when interim maritime labour certificates are issued, intermediate or renewal inspections for a new maritime labour certificate nor do they specify the scope of the inspection. The Committee therefore requests the Government to indicate how it gives effect to the requirements of the Convention with respect to the interval of inspections, as well as how it ensures that the 16 areas listed under Appendix A5-I of the Convention are subject to inspection.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that the Government has not provided a copy of the Maritime Labour Certificate and, while the DMLC, Part I, has been submitted (first schedule of the Shipping Regulations), it only provides the corresponding references of the Shipping Regulations to the 14 listed matters which are to be properly implemented on board ships, without providing information on the content of the national requirements. The Committee recalls that, pursuant to Standard A5.1.3, paragraph 10(a), the DMLC, Part I, shall identify the national requirements embodying the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements. Recalling that the examination of these documents is crucial to assess the correct implementation of the Convention, the Committee requests the Government to send them in the near future, as well as examples of Part II of the DMLC which have been prepared by a shipowner and have been accepted when certifying ships.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Inspection and enforcement. Qualification, status and conditions of service of inspectors. In the absence of information, the Committee recalls that this Standard provides for measures to be adopted to guarantee that inspectors have status and independence necessary to enable them to carry out the verification of the application of the Convention. The Committee therefore requests the Government to indicate how it gives effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. In the absence of information, the Committee requests the Government to specify how it gives effect to the requirement of Standard A5.1.4, paragraph 12, according to which inspectors submit a report of each inspection to the competent authority, as well as a copy to the master of the ship and that another copy be posted on the ship’s notice board for the information of the seafarers, and upon request, sent to their representatives.

Additional documents requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide the following documents and information: an example of the standard wording in medical certificates (Standard A1.2, paragraph 10); an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); a standard form example of an SEA (Standard A2.1, paragraph 2(a)); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); a copy of any authorized or registered collective agreement provisions that establish seafarers’ normal working hours or permit exceptions to the established limits (Standard A2.3, paragraphs 3 and 13); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it ; an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see guidance in Guideline B4.1.2, paragraph 1); a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraph 4(a); see guidance in Guideline B4.1.1, paragraphs 4 and 5); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2.1, paragraph 1(b)); an example of a document (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the relevant national guidelines (Regulation 4.3, paragraph 2); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for the inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); information on the budgetary allocation during the period covered by this report for the administration of your country’s inspection and certification system and the total income received during the same period on account of inspection and certification services; the following statistical information: number of full-term (up to five years) maritime labour certificates currently in force and number of interim certificates issued during the period covered by this report in accordance with Standard A5.1.3, paragraph 5; an example or examples of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); a copy of the national interim Maritime Labour Certificate; a copy of the annual reports on inspection activities (Standard A5.1.4, paragraph 13), during the period covered by this report; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see guidance in Guideline B5.1.4, paragraphs 7 and 8); a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3); the country’s model for on-board complaint procedures (Standard A5.1.5, paragraph 4); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7; the following statistical information for the period covered by this report: number of foreign ships inspected in port; number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; number of cases where significant deficiencies were detected; number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of MLC, 2006 (including seafarers’ rights); and a document, if any, that describes the onshore complaint-handling procedures (Standard A5.2.2, paragraph 6).