Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Bangladesh (Ratificación : 2014)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that Bangladesh has previously ratified two maritime labour Conventions, which have been denounced as a consequence of the entry into force of the MLC, 2006 for the country. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 entered into force for Bangladesh on 18 January 2017. It further notes that the Government’s report was received before the entry into force of the 2014 amendments. 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 I. General questions of application. Collective agreements. The Committee notes that the Government refers to two collective agreements, i.e. the collective agreement for the Bangladesh Seafarers Union and the collective agreement for the Bangladesh Merchant Marine Officers’ Association. The Committee requests the Government to specify whether those collective agreements are in force and to provide details on their scope of application.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. Masters. The Committee notes that, according to section 2(45) of the Bangladesh Merchant Shipping Ordinance 1983 (hereinafter Merchant Shipping Ordinance), “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 notes that the Maritime Convention Implementation Circular, 2017, in its section 2(2) provides that any terms not defined in this Rule shall mean as defined in the Merchant Shipping Ordinance and/or the Conventions. 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, while pilots can be excluded from this definition, masters should be covered by the Convention. The Committee requests the Government to provide information on any measures adopted to amend the legislation in order to give full effect to this provision of the Convention.

Cadets. The Committee notes that section 2(45) of the Merchant Shipping Ordinance also excludes apprentices from the definition of “seafarer”. Recalling the definition of seafarers mentioned above, the Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that cadets are to be regarded as seafarers for the purpose of the Convention. The Committee underlines that the protection afforded by the Convention is particularly important for the more vulnerable categories of persons, such as cadets. The Committee therefore requests the Government to adopt the necessary measures in order to ensure that cadets are regarded as seafarers and that they enjoy the protection provided for by the Convention. The Committee is certainly aware of the reported and anticipated shortage of qualified officers to effectively man and operate ships engaged in international trade and the difficulties encountered to ensure that cadets meet the minimum mandatory seagoing service which forms part of the requirements prescribed in the Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) for certification. In these circumstances, the Committee recalls that, as foreseen in Article VI, paragraph 3, of the Convention, governments, in consultation with social partners, could agree on substantial equivalent measures applicable to cadets where needed, in accordance with the Convention.

Article VI, paragraphs 3 and 4. Substantial equivalence. The Committee notes that section 10.2.2 of the OM Circular No. 01 on Bangladesh Requirements and interpretations on Maritime Conventions (hereinafter, Circular No. 01) provides that all applications for exemption, equivalence and dispensations from the requirements of the MLC, 2006, except those related to crew accommodation, are to be made to the Department of Shipping (DOS) by the shipowner, with relevant supporting information. The Committee draws the Government’s attention to the fact that the concept of substantial equivalence is not a matter for administrative discretion but has to be decided by a Member on a horizontal basis – i.e. not on an ad hoc basis – following the requirements of Article VI, paragraphs 3 and 4 of the Convention. In this regard, the Member must first make sure that it is not in a position to implement the rights and principles in the manner set out in Part A of the Code of the MLC, 2006. Ratifying Members, therefore, should assess their national provisions from the point of view of substantial equivalence, identifying the general object and purpose of the provision concerned (in accordance with Article VI, paragraph 4(a)) and determining whether or not the proposed national provision could, in good faith, be considered as giving effect to provisions of Part A of the Code as required by Article VI, paragraph 4(b). Any substantial equivalences that have been adopted must be stated in Part I of the Declaration of Maritime Labour Compliance (DMLC) that is to be carried on board ships that have been certified. The Committee requests the Government to indicate whether it has adopted any substantial equivalences under Article VI of the Convention.

Regulation 1.1 and the Code. Minimum age. The Committee notes that section 98 of the Merchant Shipping Ordinance provides that the minimum age to work on a ship is 15 years; it also provides for a number of possible exceptions to the above limit. The Committee, however, also notes the Government’s indication that the minimum age of seafarers being employed in any capacity on board Bangladesh-flagged ships will be increased to 18 years of age. While taking note of the Government’s plans, the Committee is bound to recall that Standard A1.1, paragraph 1, provides that the minimum age for employment, engagement or work on board a ship is 16 years and that no exceptions are permitted in this respect. It also recalls that night work of seafarers under 18 years shall be prohibited (Standard A1.1, paragraph 2), with some possible exceptions (Standard A1.1, paragraph 3) and that hazardous work is prohibited for seafarers under 18 years of age, with no exceptions. The types of hazardous work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures taken to ensure full compliance with Regulation 1.1. and Standard A1.1., including measures to ensure that no exceptions to the prohibition of hazardous work for young seafarers are allowed.

Regulation 1.2 and the Code. Medical certificate. The Committee notes that under section 110(1) of the Merchant Shipping Ordinance, “no person shall engage any Bangladeshi seaman at any port or place in Bangladesh, nor carry to sea any such seaman in any ship of two hundred tons gross and above from any such port or place unless the seaman is in possession of a certificate in the prescribed form issued by the prescribed medical authority to the effect that he is fit to be employed in the capacity in which he is to serve, or unless an endorsement to that effect appears in his Continuous Discharge Certificate”. Section 100 of the same Ordinance provides that “ … no young person shall be engaged or carried to sea to work in any capacity in any ship unless there has been delivered to the master a certificate granted by a prescribed medical authority that the young person is fit to be employed in that capacity”, but at the same time it provides for exceptions. The Committee further notes that rule 25(1) of the Bangladesh Merchant Shipping Officers and Ratings Training, Certification, Recruitment, Work Hours and Watchkeeping Rules, 2011 (hereinafter, Watchkeeping Rules, 2011), while giving effect to some of the requirements of Regulation 1.2, does not appear to apply to all seafarers covered by the Convention, e.g. do not apply to hotel and catering staff. The Committee recalls that: (a) legislation implementing Regulation 1.2 shall cover all seafarers working on board ships flying the Bangladeshi flag, regardless of their nationality and the place of engagement; (b) any possible exception for ships of less than 200 gross tonnage shall strictly follow the requirements of Article II, paragraph 6, i.e. it may only concern “certain details of the Code” (the provisions of the Regulations must still be applied) and a ship or particular categories of ships that do not voyage internationally, and be exercised by the competent authority in consultation with the shipowners’ and seafarers’ organizations concerned; (c) Regulation 1.2 does not provide for exceptions regarding medical certificates for young persons. The Committee requests the Government to indicate the measures taken or envisaged to ensure full conformity with Regulation 1.2 and Standard A1.2.

Regulation 1.4 and Standard A1.4, paragraphs 2 and 5. Recruitment and placement. System of protection. The Committee notes the Government’s indication that section 105 of the Merchant Shipping Ordinance and the Seaman Recruiting Agent Licence Rules, 2005 (which is only available in Bengali) regulate private seafarer recruitment and placement services in Bangladesh. It further notes that there are 62 approved seamen recruiting agents operating in Bangladesh. Considering the limited information provided by the Government on the application of the Regulation, the Committee requests the Government to reproduce the relevant parts of the Seaman Recruiting Agent Licence Rules, 2005, in English, as well as to provide detailed information on how the requirements of Standard A1.4, paragraph 5, are complied with (prohibition of blacklists, no fees or other charges on the seafarer, keeping registers, qualification of seafarers, protection of seafarers in foreign ports, managing complaints, establishing a compulsory insurance scheme to compensate seafarers).

Regulation 2.1 and the Code. Seafarers’ employment agreement. Scope of application. The Committee notes that a number of provisions of SEAs appear to only cover agreements stipulated in Bangladesh concerning Bangladeshi seamen. The Committee recalls that legislation implementing Standard A.2.1 shall cover all seafarers working on board ships flying the Bangladeshi flag, regardless of their nationality and the place of engagement. It requests the Government to indicate the measures taken or envisaged to ensure full conformity with Regulation 2.1 and Standard A2.1.

Regulation 2.1 and Standard A2.1, paragraphs 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Signed original. The Committee notes that sections 112 et seq. of the Merchant Shipping Ordinance regulate seafarers’ employment agreements (SEAs). It observes that, in general, the SEAs shall be signed by the master and the seamen and, in some instances, also by the “owner or the owner’s agent” (section 113(1)(b)). The Committee recalls that under Standard A2.1, paragraph 1(a), of the Convention, each Member shall adopt laws or regulations requiring that all seafarers working on ships that fly its flag covered by the Convention have a SEA signed by both the seafarer and the shipowner, or a representative of the shipowner. The Committee requests the Government to indicate the relevant national provisions authorizing the master to act as a representative of the shipowner. It further requests the Government to specify how it is ensured that the shipowner and seafarer concerned have each a signed original of the SEA (Standard A2.1, paragraph 1(c)).

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee notes that section 115(1) of the Merchant Shipping Ordinance gives effect to the requirement of Standard A2.1, paragraph 1(b), with respect to “foreign-going ships”. The Committee recalls that such requirement applies to all ships covered by the Convention, including those navigating in territorial waters. It requests the Government to take the necessary measures to give full application to this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreement. Minimum notice period for termination. The Committee notes the Government’s indication that the minimum period of notice for termination of a SEA is 30 days, except for mutual agreement. Recalling that Standard A2.1, paragraph 5, requires the adoption of laws and regulations establishing the minimum notice periods for early termination of SEAs, the Committee requests the Government to specify the applicable legislative provisions.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes that section 117 of the Merchant Shipping Ordinance provides for the possibility with regard to “home trade ships or coasting ships” to terminate the SEA at shorter notice. It further notes that under section 27(3) of the Bangladesh Labour Act, where a worker intends to resign his service without any notice, he may do so by paying the employer an amount equal to the wages for the period of notice, in lieu of notice. 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 requests the Government to indicate the measures taken to ensure that no penalty is imposed on seafarers who terminate the SEA on shorter notice or without notice for compassionate or other urgent reasons.

Regulation 2.1 and Standard A2.1, paragraph 3. Seafarers’ employment agreement. Record of employment. The Committee notes that section 132 of the Merchant Shipping Ordinance provides that, upon discharge of the seafarer, the master transmits to the shipping master, i.e. the official appointed by the Government to carry out various duties in ports’ shipping offices, a report stating the quality, conduct and fulfilment of obligations which could be endorsed on the continuous discharge certificate of the seafarer if he wishes so. It further notes that item 6 of the instruction to the master in the “Articles of agreement for Bangladeshi seafarer” also states that the master upon discharge, shall transmit a statement to the shipping master at the port of employment containing report as to quality, conduct, character of each individual seaman. The Committee recalls that Standard A2.1, paragraph 3, provides that the document to be given to seafarers, containing a record of their employment on board the ship, shall not contain any statement as to the quality of the seafarers’ work. The Committee requests the Government to take the necessary measures to ensure that the record of employment does not contain any statement as to the quality of the seafarer’s work, in conformity with Standard A2.1, paragraph 3.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the following particulars listed under Standard A2.1, paragraph 4, of the Convention are not included or are only partially included in the SEA’s requirements provided for under the Merchant Shipping Ordinance: (a) the seafarer’s full name, date of birth or age, and birthplace; (b) the shipowner’s address; (c) the place where the seafarer’s employment agreement is entered into; (f) the amount of paid annual leave; (g) the termination of agreement and the conditions thereof; (h) the health and social security protection benefits to be provided by the shipowner; and (i) the seafarer’s entitlement to repatriation. The Committee requests the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraph 4, of the Convention and to provide a sample of a seafarer’s employment agreement.

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment and monthly account. The Committee notes that the Merchant Shipping Ordinance does not provide that payments due to seafarers shall be made at no greater than monthly intervals and in accordance with any applicable collective agreement (Standard A2.2, paragraph 1), nor that seafarers shall be given a monthly account of the payments due and the amounts paid (Standard A2.2, paragraph 2). The Committee therefore requests the Government to indicate how effect is given to the requirements of the Convention provided by Standard A2.2, paragraphs 1 and 2.

Regulation 2.2 and the Code. Wages. Deductions. The Committee notes that under section 142(1) of the Merchant Shipping Ordinance, a deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered in pursuance of the Ordinance, except in respect of a matter happening after the delivery. The Committee observes that under these provisions, it is not clear what may be deducted from seafarers’ wages. 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 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 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 13. Hours of work and hours of rest. Exceptions. The Committee notes that Rule 28 of the Watchkeeping Rules, 2011, and the Circular dated 7 January 2012, providing guidance on the implementation of the Watchkeeping Rules to give full effect to the 2010 Manila Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) regulate minimum hours of rest for seafarers in conformity with Standard A2.3, paragraph 5(b), of the Convention. It notes, however, that Rule 28(5)(d) provides that working hours of master, chief engineer, chief mate and second engineer shall be fixed in such a way that safe operation of ship is not hampered. From the reading of this provision, it is not clear whether the minimum hours of rest also apply to these categories of seafarers, as required by the Convention. The Committee requests the Government to clarify this point. The Committee notes the Government’s indication that there are collective agreements which have been authorized or registered that permit exceptions to the established limits to working time. The Committee requests the Government to provide copies of these agreements.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes the Government’s information that every seafarer is entitled to at least 2.5 days of leave per month of employment, or pro rata if the seafarer is not employed for a full year, within each year of employment and that this is to be followed by each Bangladeshi shipowner, without indicating the relevant legislative provisions. It requests the Government to provide information on the laws and regulations determining the minimum standards for annual leave and the right of seafarers to shore leave (Regulation 2.4 and Standard A2.4, paragraph 1), as well as on any legislative provisions or collective agreements establishing the method of calculation of annual leave (Standard A2.4, paragraph 2). The Committee further requests the Government to specify whether any agreement to forgo the minimum annual leave is prohibited under legislation in force (Standard A2.4, paragraph 3).

Regulation 2.5 and Standard A2.5.1. Repatriation. Scope of application. The Committee notes that the provisions of the Merchant Shipping Ordinance which regulate repatriation appear to only apply to situations related to foreign-going ships or situations occurring “at a port or place outside Bangladesh”. The Committee recalls that the Convention applies to all seafarers working on board ships flying the flag of Bangladesh, regardless of their nationality. The Committee requests the Government to indicate the measures taken to ensure full conformity with Regulation 2.5.

Regulation 2.5, Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that the Merchant Shipping Ordinance generically refers to repatriation of the seafarer to “a proper return port”. Under section 178, if any question arises as to what return port the seafarer shall be sent, the question should be decided by the Bangladesh Consular Officer supervising repatriation, having regard both to the convenience of the seamen and to the expense involved and also to the manning needs of any Bangladesh ship which is about to navigate to a proper return port. The Committee draws the Government’s attention to Guideline B2.5.1, paragraphs 6 and 7, according to which seafarers should have the right to choose from among the prescribed destinations the place to which they are repatriated. Such destinations, to be prescribed by member States, should include the countries with which seafarers may be deemed to have a substantial connection, including: (a) the place at which the seafarer agreed to enter into the engagement; (b) the place stipulated by collective agreement; (c) the seafarer’s country of residence; or (d) such other place as may be mutually agreed at the time of engagement. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.5.1, paragraphs 6 and 7.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a) and (b). Repatriation. Circumstances. Maximum duration of service on board. The Committee notes that, under the provisions of the Merchant Shipping Ordinance regulating repatriation, it is not clear if seafarers have the right to repatriation in all the circumstances provided for by Standard A2.5.1, paragraph 1, of the Convention and what is the maximum period of service on board after which the seafarer is entitled to repatriation. The Committee requests the Government to provide detailed information on the legal provisions, or other measures, or the clauses in collective bargaining agreements which prescribe the circumstances for repatriation and the maximum period of service on board after which the seafarer is entitled to repatriation (Standard A2.5.1, paragraph 2(a) and (b)).

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that section 136(2) of the Merchant Shipping Ordinance provides for the possibility that, when the master or owner fails to pay the expenses related to repatriation without reasonable cause, the seafarer defrays such expenses and subsequently recovers them. The Committee recalls that, except as provided for in Standard A2.5.1, paragraph 3, the expenses of repatriation shall not be borne by the seafarer. Standard A2.5.1, paragraph 5, provides for the entities responsible to pay in case the shipowner fails to meet the cost of repatriation. The Committee requests the Government to indicate the measures taken or envisaged to bring its legislation into full conformity with these provisions of the Convention.

The Committee further notes that under section 175(3) and (4) of the Merchant Shipping Ordinance, the distressed seafarer is liable to pay the “excepted expenses”, which are defined under section 175(7) as the “expenses incurred in cases where the certificate of the proper authority obtained on leaving a seaman behind states, or the Government is otherwise satisfied, that the cause of the seaman being left behind is desertion, or disappearance, or imprisonment for misconduct, or discharge from the ship on the ground of misconduct, or otherwise due to the fault of the seamen”. The Committee recalls that while the shipowner may recover the cost of the repatriation, only under the limited circumstances provided for under Standard A2.5, paragraph 3 (that is, where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective agreements, to be in serious default of the seafarer’s employment obligations), this situation does not release the shipowner from the obligation to pay for the repatriation in the first instance. In light of the above, the Committee requests the Government to provide information on how it ensures that shipowners pay for the repatriation of seafarers in all cases where seafarers are entitled to this right. With regard to the possibility provided by the Convention to recover the cost of the repatriation from the seafarer, the Committee underlines that it is conditioned to a finding of serious default of the seafarer’s employment obligations, in accordance with national laws or regulations or other measures of applicable collective bargaining agreements. Noting section 175(7) of the Merchant Shipping Ordinance, the Committee requests the Government to provide details on the relevant legislation or applicable collective bargaining agreements determining the procedure to be followed and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations”.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s information 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 and shall be in English or accompanied by an English translation. The financial security to cover this repatriation cost is protected by the ship’s protection and indemnity insurance (P&I) club endorsement. The Committee requests the Government to indicate the legal provisions giving effect to the requirements of Standard A2.5.2 and regulating in particular: (i) the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (Standard A2.5.2, paragraph 1); (ii) the coverage of the financial security system (Standard A2.5.2, paragraph 9); (iii) the period of notice to be given by the financial security provider to terminate financial security (Standard A2.5.2, paragraph 11); and (iv) the requirement that ships which 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. The Committee notes that sections 174–180 of the Merchant Shipping Ordinance refer to return to a proper port of “distressed” seamen. Section 180 provides that “In any proceeding under this Chapter, a certificate of the Government or of such officer as the Government may specify in this behalf to the effect that the seaman named therein is distressed shall be conclusive evidence that such seaman is a distressed seaman within the meaning of this Ordinance”. Recalling that Standard A2.5.2, paragraph 2, enumerates in a mandatory way the circumstances in which a seafarer is considered abandoned, the Committee requests the Government to indicate how it gives effect to this provision of the Convention.

Regulation 2.7 and the Code. Manning levels. The Committee notes that section 82(6)–(7) of the Merchant Shipping Ordinance provides that the Government may exempt any ship or class of ships from any requirement of any Order of the Director-General of the Department of Shipping (DOS) on minimum safety manning. An exemption may be in respect of a particular period or of one or more voyages. Recalling that Standard A2.7 of the Convention does not contemplate exemptions, the Committee requests the Government to indicate the measures taken in order to ensure full conformity with this Standard.

Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. The Committee notes that, while section 188 of the Merchant Shipping Ordinance provides for the power to make rules with respect to crew accommodation, there is no specific legislation providing for the requirements of the Convention respecting accommodation and recreational facilities. The Committee also notes that under section 10.3.2 of Circular No. 1 accommodation on board Bangladesh-flagged ships with a keel laying date on or after 20 August 2013 shall be surveyed for compliance with the Merchant Shipping Ordinance using the standards set out in the MLC, 2006. While noting this provision, the Committee reminds the Government that Standard A3.1, paragraph 1, requires that each Member shall adopt laws and regulations requiring that ships that fly its flag meet minimum standards to ensure that any accommodation for seafarers is safe, decent and in accordance with the requirements of Standard A3.1. The requirements on accommodation are set out in paragraphs 6–17 of the same Standard. The Committee requests the Government to provide detailed information on the legislation adopted to give effect to the requirements of the Convention respecting accommodation and recreational facilities on board ships flying the Bangladesh flag.

Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. The Committee notes that section 188(4) of the Merchant Shipping Ordinance provides that “the Government may exempt any ship or class of ships from the requirements of any rules made under this section either absolutely or subject to such conditions as it may consider fit”. The Committee recalls that Standard A3.1, paragraph 21, allows exemptions only where they are expressly permitted in the Standard and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee invites the Government to indicate whether exemptions were adopted and whether the grounds invoked were in conformity with paragraph 21.

Regulation 4.1, paragraph 2, and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. The Committee notes that under section 187(3) of the Merchant Shipping Ordinance, the expenses of medicines, surgical and medical advice, attendance and treatment, given to a master, seaman or apprentice while on board ship will be defrayed by the shipowner. However, section 187(5) provides for the recovery of medical expenses paid by seafarers. Recalling that the Convention provides that the protection of medical care on board ship and ashore shall, in principle, be provided at no cost for seafarers, the Committee requests the Government to provide details on the application of section 187(5) in practice.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Minimum requirements. Medical doctor on board. The Committee notes that section 185(1) of the Merchant Shipping Ordinance provides that “Every foreign-going ship carrying one hundred persons including the crew, or upwards shall have on board as part of her complement a Medical Officer possessing such qualifications as may be prescribed.” It also notes that the Information Bulletin No. 3 of 31 August 2015 on safe manning requirements establishes that ships shall carry a qualified medical doctor when there are 100 or more persons on board. The Committee recalls that Standard A4.1, paragraph 4(b), requires the adoption of national laws and regulations providing for the requirement of the qualified medical doctor on board for ships carrying 100 or more persons and ordinarily engaged in voyages of more than three days’ duration. It requests the Government to clarify whether a “medical officer” is a qualified doctor for the purpose of Standard A4.1, paragraph 4(b).

Regulation 4.1, paragraph 3 and Standard A4.1, paragraph 1(c). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. The Committee notes the Government’s indication that seafarers may visit a qualified medical doctor or a dentist without delay in ports of call in cases of acute pain and emergencies. In the absence of any reference to the relevant laws or regulations, the Committee requests the Government to provide information on the applicable national provisions implementing Regulation 4.1, paragraph 3, and Standard A4.1, paragraph 1(c).

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that section 113(2)(h) of the Merchant Shipping Ordinance states that an agreement with the crew shall contain terms for payment of compensation in case of personal injury or death caused by accident arising out of or in the course of employment. The Committee requests the Government to indicate whether the payment of compensation is subject to an agreement between the shipowner and the seafarer. The Committee further notes that section 187(4) of the Merchant Shipping Ordinance contemplates cases (“in all other cases”) in which the reasonable expenses occurred by the shipowners in relation to the illness of seafarers may be deducted from their wages. The Committee requests the Government to provide clarifications on the cases in which deduction from seafarers’ wages in account of medical expenses is allowed.

Regulation 4.2 and Standard A4.2.1, paragraphs 2 and 4. Shipowners’ liability. Limits. The Committee recalls that Standard A4.2.1, paragraphs 2 and 4, allow national laws or regulations to limit the liability of the shipowner to pay wages in whole or in part in respect of a seafarer no longer on board under certain circumstances. It notes that the Government has not provided information on the national legislation that gives effect to these provisions of the Convention. The Committee requests the Government to provide information on the national provisions, if any, that give effect to Standard A4.2.1, paragraphs 2 and 4.

Regulation 4.2 and Standards A4.2.1, paragraphs 8 to 14, and A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s reference to a certificate by a financial security provider and P&I insurance coverage. 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. 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 copy of a model 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 the Code. Health and safety protection and accident prevention. The Committee notes that the Government provides limited information on the implementation of this Regulation. It recalls that under Regulation 4.3, paragraph 3, each Member shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag. The Committee requests the Government to provide detailed information on 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.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification of the Convention, Bangladesh declared that the branches for which it provides protection in accordance with Standard A4.5, paragraphs 2 and 10, are medical care, sickness benefit and employment injury benefit. The Committee notes that the Government has not provided information on the benefits provided under the branches specified. It notes that section 163 of the Labour Act contains provisions on compensation for employment injury. The Committee requests the Government to indicate how it is ensured that all seafarers ordinarily resident in its territory and, to the extent provided by national legislation, their dependants, are entitled to benefits from social security protection in the three branches specified, no less favourable than those enjoyed by shoreworkers resident in its territory. In this regard, it requests the Government to provide details on the social security benefits enjoyed by seafarers and the applicable legal provisions. It also requests the Government to indicate if consideration has been given to ways to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6). The Government is finally requested to provide information on any progress made to improve the benefits currently provided to seafarers or to extend social security protection for seafarers to branches not covered at present (Standard A4.5, paragraph 11).

Regulation 5.1.2 and Standard A5.1.2, paragraphs 1 and 2. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee notes that section 18 of the Maritime Conventions Implementation Circular 2017 authorizes Authorized Recognized Organizations (RO) to act on behalf of the DOS who shall administer formal written agreement with the ROs and shall specify the scope of authorization granted to ROs. The current list of recognized organizations is provided on the website of the DOS. The Committee requests the Government to provide an example or examples of authorizations given to recognized organizations as required under Regulation 5.1.2, paragraph 2.

Regulation 5.1.3 and Standard A5.1.3, paragraph 1. Flag State responsibilities. Maritime labour certificate and Declaration of Maritime Labour Compliance. Scope of prior inspection. The Committee notes that section 49 of the Maritime Conventions Implementation Circular 2017 states that a maritime labour certificate is issued by the administration or authorized organization if it is satisfied after inspection of the ship that the ship is in compliance with these regulations. The Committee requests the Government to provide a copy of the DMLC, Part I, drawn up by the competent authority, as well as an example of a DMLC, Part II, drawn up by the shipowner indicating the areas listed under Appendix A5 I of the Convention are subject to inspection prior to certification and issue of the maritime labour certificate.

Regulation 5.1.3 and Standard A5.1.3, paragraph 7. Flag State responsibilities. Maritime labour certificate and Declaration of Maritime Labour Compliance. Interim maritime labour certificate. The Committee notes that, while section 51 of the Maritime Conventions Implementation Circular 2017 regulates the issuance of a maritime labour certificate on an interim basis in conformity with Standard A5.1.3, paragraphs 5 and 6, there appear to be no provisions with respect to the scope of the prior inspection required if interim certificates are issued. The Committee recalls that, in accordance with Standard A5.1.3, paragraph 7, an interim maritime labour certificate may only be issued following verification that: (a) the ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I, taking into account verification of items under subparagraphs (b), (c) and (d); (b) the shipowner has demonstrated to the competent authority or recognized organization that the ship has adequate procedures to comply with this Convention; (c) the master is familiar with the requirements of this Convention and the responsibilities for implementation; and (d) relevant information has been submitted to the competent authority or recognized organization to produce a declaration of maritime labour compliance. The Committee requests the Government to indicate how it ensures compliance with Standard A5.1.3, paragraph 7.

Regulation 5.1.3 and Standard A5.1.3, paragraph 11. Flag State responsibilities. Maritime labour certificate and Declaration of Maritime Labour Compliance. Record of all subsequent inspections or other verifications carried out, including any significant deficiencies. The Committee notes that the Government has not provided information on how it ensures that the results of all subsequent inspections carried out with respect to the ship concerned and any significant deficiencies found are recorded and appended to the DMLC or made available in some other way to seafarers, flag State inspectors, authorized officers in port States and shipowners’ and seafarers’ representatives as required under Standard A5.1.3, paragraph 11. The Committee therefore requests the Government to indicate how it ensures the implementation of this provision of the Convention.

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. The Committee notes that the Government does not specify the national provisions that set that the inspectors shall have the 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 the specific provisions that give effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Inspection and enforcement. Confidentiality of sources of grievances or complaints. The Committee notes that section 229 of the Merchant Shipping Ordinance cited by the Government, does not give effect to the detailed requirements of Standard A5.1.4, paragraphs 5, 10 and 11(b). The Committee recalls that these provisions set forth the procedures for receiving and investigating complaints and the standards of confidentiality for inspectors. The Committee requests the Government to provide detailed information on how effect is given to these provisions of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee notes that section 70(3) of the Maritime Conventions Implementation Circular 2017 requires that inspectors submit a report to the competent authority. However, there is no reference to the requirement to submit a copy to the master of the ship and to post another on the ship’s notice board for the information of the seafarers, and upon request, to send a copy to their representatives. The Committee requests the Government to provide information regarding the measures taken to give effect to the requirement of Standard A5.1.4, paragraph 12.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7(c). Flag State responsibilities. Inspection and enforcement. Powers of inspectors. The Committee notes that section 353 of the Merchant Shipping Ordinance regulates the procedure for detention of unsafe ships flying the Bangladesh flag, which involves the intervention of different state authorities. The Committee recalls that Standard A5.1.4, paragraph 7(c), provides that inspectors, issued with clear guidelines on the tasks to be performed, shall be empowered to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention (including seafarers’ rights) or represent a significant danger to seafarers’ safety, health or security, to detain a ship until necessary actions are taken. The Committee requests the Government to provide detailed information on the applicable provisions allowing flag State inspectors to detain ships in the cases set forth by Standard A5.1.4, paragraph 7(c).

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes the Government’s reference to section 229 of the Merchant Shipping Ordinance containing provisions on complaints by seamen and apprentices. It notes that many of the requirements of Regulation 5.1.5 and the Code are not reflected in national legislation, such as the scope of the complaints (Regulation 5.1.5, paragraph 1), the right of the seafarer to be accompanied or represented during the complaint procedure as the prohibition and penalization of any kind of victimization (Regulation 5.1.5, paragraph 2, and Standard A5.1.5, paragraph 3) and the elements to be contained in the copy of the on-board complaint procedures to be provided to the seafarer (Standard A5.1.5, paragraph 4). The Committee therefore requests the Government to take the necessary measures to ensure that, in its laws and regulations, appropriate on-board complaint procedures are in place to meet the requirements of Regulation 5.1.5 and the Code.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes that the Merchant Shipping Ordinance and the Maritime Conventions Implementation Circular 2017 contain extensive provisions on marine casualties. It notes, however, that according to these provisions it is not always compulsory to hold an investigation into serious marine casualties leading to injury or loss of life. The Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag. The Committee requests the Government to take the necessary measures to ensure that an official inquiry is held into any serious marine casualty leading to injury or loss of life.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s reference to section 229 of the Merchant Shipping Ordinance containing provisions on complaints by seamen and apprentices. It notes, however, that such section does not give effect to the detailed requirements of Regulation 5.2.2 and the Code, which require that seafarers on ships calling at the Member’s port who allege a breach of the requirements of the MLC, 2006 (including seafarers’ rights) have the right to report a complaint to the competent port authorities. The Committee requests the Government to indicate how it ensures compliance with the requirements of Regulation 5.2.2.

[The Government is asked to reply in full to the present comments in 2021.]