Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Bangladesh (Ratification: 2014)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the Government’s indication in its report that national seafarers and shipowners representatives state that, although Bangladesh has taken positive approach to fulfil its obligations under the Convention, many countries who are signatories either of the Seafarers’ Identity Documents Convention, 1958 (No. 108) or of Convention No. 185, are restricting Bangladeshi seafarers transit and transfer by imposing strict and very time-consuming visa policies; as a result, many shipowners refuse to employ Bangladeshi seafarers on board their vessels. This deprives global shipping from qualified seafarers’ supply and prevents Bangladesh from becoming a true seafarers’ nation. The Committee notes these concerns and, in this regard, welcomes the decision of the ILO Governing Body to convene, in 2025, a meeting of experts to discuss the difficulties faced by Member States to ratify and implement the Convention.

Article 1 of the Convention. Definitions and scope of application. The Committee notes that, in reply to its previous comments, the Government indicates that, although section 2(45) of the Bangladesh Merchant Shipping Ordinance, 1983 excludes masters and apprentices from the definition of seaman, the current seafarers’ identity document (SID) system applies to all holders of a Continuous Discharge Certificate (CDC), which include masters and apprentices. Since the Ordinance was enacted in 1983 but the SID was introduced in 2014, in order to address this issue, the draft Bangladesh Merchant Shipping Act (BMSA) contains a provision on the definition of seafarer which also includes masters and apprentices. The Committee takes note of this information and refers to its comments on the definition of seafarer raised in relation with the implementation by Bangladesh of the Maritime Labour Convention, 2006, as amended (MLC, 2006).

Article 2, paragraph 5. Administrative appeal. The Committee notes that, in reply to its previous comments, the Government indicates that there is no specific legal provision on the right of seafarers to an administrative appeal in the case of a rejection of their application, nor a formal procedure, but the Department of Shipping (DoS) has drafted a circular on the administrative appeal procedure and will consult the stakeholders on the draft. The circular is expected to be issued by the end of 2023. The Committee takes note of this information and requests the Government to provide information on any development on the adoption of the Circular.

Article 3. Content and form of the seafarers’ identity document. The Committee notes that, in reply to its previous comments, the Government indicates that the DoS started a bidding process to improve the SID to ensure compliance with the 2016 amendments to the annexes of the Convention. It also takes note of the documents supplied by the Government, including the spreadsheet containing technical requirements for an SID issuance system and the timeline for the ongoing measures to implement the Convention. The Committee notes that, in September 2023, the Government requested the ILO’s technical assistance to assess compliance of the technical requirements for the SID issuance system with the Convention. In this framework, the Committee observes that the Office raised a number of technical issues that needed to be addressed to ensure full compliance. Welcoming the steps taken to implement the amended version of the Convention, the Committee requests the Government to take into account the technical comments provided by the Office and to provide a specimen of the new SID when it becomes available.

Article 4. National electronic database. The Committee notes that, in reply to its previous comments, the Government indicates that the DoS will take necessary steps to ensure that the national electronic database complies with the Article 4 and the amended Annex II. The current requirements ensure that the new SID issuance system has measures to secure the database from interference or unauthorized access, as well as the seafarer’s right to privacy, as the data will be encrypted and visible only to the authorized persons. The Government also indicates that: (i) there will be procedures that allow seafarers to examine and check data validity; (ii) the Chief Nautical Surveyor will be the focal point for responding to inquiries; and (iii) the system is only made for the verification of SIDs. Referring to its comment under Article 3, the Committee requests the Government to provide updated information on how the national electronic database complies with the amended version of Annex II once the system to issue the new SIDs will be in place.

Article 6, paragraphs 4 and 6. Temporary shore leave. The Committee notes that, in reply to its previous comments, the Government indicates that the Bangladesh Immigration Policy allows seafarers with valid documents a temporary shore leave and transit visa for 72 hours. The Committee notes that the Circular supplied by the Government is not available in English. Recalling that under the Convention seafarers shall not be required to hold a visa for the purpose of shore leave, the Committee requests the Government to clarify how it is ensured that the existing arrangements are substantially equivalent to those of Article 6, paragraph 6.

Article 7, paragraph 1. Continuous possession of the seafarers’ identity document. The Committee notes that, in reply to its previous comments, the Government indicates that the Bangladesh Merchant Shipping Ordinance and the draft BMSA do not contain a provision which ensures compliance with Article 7, paragraph 1. However, the Government indicates that the DoS will address the issue in the BMSA and subsequent secondary law. The Committee requests the Government to adopt the necessary measures to comply with this provision of the Convention and to provide information on any developments in this regard.

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

The Committee notes that the 2016 amendments to the annexes of the Convention entered into force for Bangladesh on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (hereinafter, referred to as SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.

The Committee notes that, according to the information submitted by the Government in its report, no measures have been taken so far to issue new SIDs in accordance with the technical requirements of the Convention, as amended in 2016. The Committee recalls in this regard the resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified the Convention, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. While noting the efforts undertaken by the Government to give effect to the previous version of the Convention, the Committee requests the Government to address the issues raised below and to indicate any measures taken or envisaged to issue new SIDs in accordance with the amended version of the Convention.

Article 1(2) of the Convention. Definitions and scope of application. The Committee notes that, according to section 2(45) of the Bangladesh Merchant Shipping Ordinance 1983, “seaman” means a person employed or engaged for service in any capacity on board any ship, but does not include a master, pilot or apprentice. The Committee recalls, however, that pursuant to Article 1(2), the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel to which the Convention applies. The Committee considers that, while pilots can be excluded from the said definition, masters and apprentices should be covered by the Convention and refers, in this regard, to its comments related to the implementation by Bangladesh of the MLC, 2006. The Committee therefore requests the Government to take measures in order to bring its legislation into full conformity with this provision of the Convention.

Article 2(5). Administrative appeal. The Committee notes the information provided by the Government that, when an application for the issuance of an SID is rejected, seafarers may appeal to the Director-General of the Department of Shipping. The Committee notes however that the said information does not refer to any applicable laws or regulation. The Committee therefore requests the Government to provide information on the relevant provisions ensuring that seafarers have the right to an administrative appeal in case of rejection of their application.

Article 3. Content and form of the seafarers’ identity document. Noting that the Government is now required to issue a new SID in conformity with the amended version of the Convention, it will not comment on the copy of the SID that had been previously submitted. The Committee hopes that the Government will take the necessary measures to issue a new SID that will be fully compliant with the amended version of the Convention. It requests the Government to provide a specimen of the new SID when it will be available.

Article 4. National electronic database. The Committee notes the information provided by the Government regarding the functioning of the national electronic database. The Committee requests the Government to provide updated information on the national electronic database in accordance with the amended version of Annex II once the system to issue the new SIDs will be in place.

Article 6(4). Temporary shore leave. The Committee notes the Government’s indication that no visa is required to be granted shore leave if the seafarer is included in the crew list and holds both an SID and a passport. The Committee notes however that the Government does not refer to any applicable legislation. The Committee requests the Government to indicate the laws or regulations which give effect to this provision of the Convention.

Article 6(7)–(9). Transit and transfer. The Committee notes the Government’s statement that, concerning transit or transfer, no waiting period is required on the condition that confirmation is provided by a local agent and permission is never refused, provided that seafarers hold both an SID and a passport. The Committee notes, however, that the Government does not refer to any specific applicable legislation. The Committee therefore requests the Government to indicate the laws or regulations which give effect to these requirements of the Convention.

Article 7(1). Continuous possession of the seafarers’ identity document. The Committee notes that no information has been provided by the Government in this regard. The Committee requests the Government to indicate how it gives effect to this provision of the Convention.