Maritime Labour Convention, 2006 (MLC, 2006) - Madagascar (Ratification: 2023)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006), as amended. It notes that the Government has not submitted a declaration of acceptance of the amendments to the Code of the Convention adopted by the International Labour Conference in 2022 and is not therefore bound by these amendments. The Committee notes the efforts made by the Government and the social partners for the implementation of 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 I of the Convention. General questions of application. Implementing measures. The Committee notes the Government’s indication that Madagascar is engaged in the reform of Act No. 99-028 of 3 February 2000 issuing the Maritime Code with a view to modernizing the legal framework for maritime transport and aligning it with the Convention. The draft Maritime Transport Code still has to be included on the agenda of the Government Council and the Council of Ministers before being examined by the Parliament. The Government emphasizes that Book VI, entitled “Seafarers”, is in full conformity with the Convention and the 2022 amendments, which also reflects the current practice in the country. This situation applies to the effect give to regulations and practices in the national maritime sector. The Committee requests the Government to keep it informed of any development in this respect and to provide a copy as soon as the text has been adopted.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes section 3.1.01 of Act No. 99-028 of 3 February 2000 reforming the Maritime Code, which defines the term “mariner” as “any person, irrespective of sex, embarked and included in the crew list with a view to undertaking a maritime expedition”. The Committee recalls that Article II, paragraph 1(f)defines “mariner” or “seafarer” as any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. The Committee requests the Government to: (i) indicate whether and how the provisions giving effect to the Convention apply to seafarers who are not members of the ship’s crew, such as hotel and catering staff; and (ii) specify whether trainees and trainee officers who work on board are considered to be seafarers and benefit from the protection set out in the Convention.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that section 3.2.03 of the Maritime Code provides that embarkation as a professional is prohibited for children under the age of 15 years. Exceptions may be granted by the competent maritime authority for children aged at least 14 years where their health and physical condition, and the future benefits that the envisaged employment may bring, so permit, subject to parental authorization. The Committee recalls in this regard that Standard A1.1, paragraph 1, prohibits the employment, engagement or work on board a ship of any person under the age of 16, without exception. The Committee requests the Government to adopt the necessary measures to bring the legislation into conformity with these provisions of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 2. Minimum age. Night work. The Committee notes the Government’s indication that section 118 of Act No. 2024-014 of 14 August 2024, issuing the Labour Code, defines the “night” period as covering the period between 10 p.m. and 5 a.m. The Committee recalls that, in accordance with the Convention, the term “night” shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. Noting that the definition of the term “night” in the legislation of Madagascar covers a period of only seven hours, the Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous types of work likely to jeopardize the health of safety of young seafarers. The Committee notes the Government’s indication that Madagascar does not yet have legislative provisions or regulations addressing this matter. The Committee recalls that Standard A1.1, paragraph 4, prohibits work by persons under 18 years of age where the work is likely to jeopardize their health or safety and specifies that the types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with the relevant international standards. The Committee requests the Government to take the necessary measures to ensure full conformity with Standard A1.1, paragraph 4.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to a further examination. The Committee notes the Government’s indication that national laws and regulations are silent on the right of recourse that may be exercised by seafarers in the vent of the refusal to issue their medical certificate. The Committee requests the Government to indicate the measures taken to ensure conformity with Standard A1.2, paragraph 5.

Regulation 1.2 and Standard A1.2, paragraphs 7 and 9. Medical certificate. Period of validity. The Committee notes the Government’s indication that there is no provision in the national legislation on the period of validity of the medical certificate in relation to colour vision. The Committee therefore requests the Government to adopt the necessary measures to give effect to the requirements of Standard A1.2, paragraph 7(b).

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. The Committee notes the Government’s indication that the orders issued under section 49(6) of Decree No. 2014-986 determining the general principles governing the organization and professional management of seafarers have not yet been adopted. The Committee recalls that, under the terms of Regulation 1.3, paragraph 2, seafarers shall not be permitted to work on a ship unless they have successfully completed training for personal safety on board ship. It therefore requests the Government to indicate the measures adopted to give effect to Regulation 1.3, paragraph 2.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that Decree No. 2016-1350, of 8 November 2016, determining the conditions and arrangements for the exercise of the activities of recruitment and placement services for seafarers gives partial effect to Standard A1.4. It is compulsory for the recruitment and placement of seafarers to be carried out through a private law shipping company in Madagascar, duly authorized by the administration of the Merchant Navy. Moreover, any recruitment agency must obtain prior authorization from the maritime authority, in accordance with the above Decree. The Government nevertheless specifies that the national legislation does not provide for the consultation of shipowners’ and seafarers’ organizations on matters relating to the recruitment system, as required by Standard A1.4, paragraph 2. The Committee therefore invites the Government to take the necessary measures to ensure the full conformity of the national legislation with this provision of the Convention.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes the Government’s indication that Decree No. 2016-1350 of 8 November 2016 governs the activities of seafarers’ recruitment and placement services. This Decree provides for a mechanism for the protection of seafarers through a P&I ship insurance covering all of the crew on board, or a financial guarantee by the shipowner. Section 9 of the Decree requires the recruitment and placement agency to pay a certification fee to the competent maritime authority. For this purpose, it is required to provide each year either: evidence of P&I insurance coverage of the ship, including the crew, or a certificate of the financial guarantee of the shipowner, certifying the holding of a minimum sum determined by order. The Government specifies that the legislation in Madagascar protects seafarers against risks on board, but does not cover any potential financial losses related to recruitment and placement services, nor the obligations of the shipowner within the context of the seafarers’ employment agreement. In this regard, the Committee recalls that this protection system also has to guarantee the compensation of seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service under the seafarers’ employment agreement to meet its obligations to them (and not only the shipowner concerned). The Committee therefore requests the Government to take the necessary measures to give full effect to the provisions of Standard A1.4, paragraph 5(c)(vi).

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. The Committee notes the Government’s indication that section 23 of Decree No. 2016-1350 provides that any complaint or claim concerning the activities of the manning service shall be subject to an investigation according to a procedure established by the competent maritime authority. However, the Government specifies that this complaint procedure has not yet been established by the maritime authority. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreement. Signature of the seafarer and shipowner or a representative. Signed original. Noting that the national legislation, and particularly the provisions of Decree No. 2016-1350 of 8 November 2016, do not give effect to the Convention on this point, the Committee requests the Government to take the necessary measures to ensure that all seafarers receive a written legally enforceable agreement signed by them and by the shipowner or a representative of the shipowner, and that the shipowner and the seafarer concerned shall each have a signed original of the agreement (Standard A2.1, paragraph 1(a) and (c)). The Committee also requests the Government to provide an example of the seafarers’ employment agreement.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreements. Minimum notice period for termination. Shorter notice period for urgent reasons. The Committee notes that the national legislation does not give effect to these provisions of the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to ensure the conformityof the national legislation with Standard A2.1, paragraphs 5 and 6, of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(d) and 2. Seafarers’ employment agreements. Copy available on board. The Committee notes the Government’s indication that Madagascar does not yet have national legislation dealing with this matter. The Committee requests the Government to take the necessary measures to give effect to Standard A2.1, paragraphs 1(d) and 2, of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes the Government’s indication that Madagascar does not yet have national legislation dealing with this matter. The Committee recalls that, in accordance with Standard A2.1, paragraphs 1(e) and 3, all seafarers shall be given a document containing a record of their employment on board the ship and that this document shall not contain any statement as to the quality of the seafarers’ work or as to their wages. The Committee requests the Government to take the necessary measures to give effect to this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that section 3.3.03 of the Maritime Code of Madagascar indicates the particulars that shall be contained in the seafarers’ employment agreement, but does not include all the particulars required by Standard A2.1, paragraph 4, namely: the date of birth and birthplace of the seafarer; the place where and the date when the seafarers’ employment agreement is entered into; the date of the expiry of the agreement if it has been made for a definite period; the port of destination if the agreement has been made for a voyage and the time which has to expire after arrival before the seafarer should be discharged; the social security benefits to be provided to the seafarer by the shipowner; the seafarer’s entitlement to repatriation; reference to the collective bargaining agreement, if applicable. The Committee therefore requests the Government to take the necessary measures to give full effect to this requirement of the Convention.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7, and A2.2, paragraph 7. Seafarers’ employment agreement and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes the Government’s indication that the Maritime Code defines piracy (section 1.5.01), but does not cover acts of armed robbery against ships. The Committee requests the Government to indicate the measures envisaged to ensure that a seafarers’ employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships (Standard A2.1, paragraph 7) and that wages and other entitlements shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death as determined in accordance with applicable national laws or regulations (Standard A2.2, paragraph 7).

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes the Government’s indication that there are no provisions in the national legislation giving effect to this provision of the Convention. The Committee recalls that, under the terms of Standard A2.3, paragraph 12, seafarers shall receive a copy of the records pertaining to them which shall be endorsed by the master, or a person authorized by the master, and by the seafarers. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to this requirement of the Convention.

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition to forgo paid annual leave. Exceptions. The Committee notes the Government’s indication that there are no legislative provisions giving effect to this provision of the Convention. The Committee recalls that Standard A2.4, paragraph 3, prohibits any agreement to forgo the minimum annual leave with pay, except in cases provided for by the competent authority. Recalling the fundamental importance of annual leave with pay to protect the health and well-being of seafarers and prevent fatigue, the Committee requests the Government to indicate the measures adopted or envisaged to give effect to Standard A2.4, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s indication that the national legislation in Madagascar does not yet require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment. The Committee requests the Government to adopt the necessary measures to give effect to this requirement of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a) and (c). Repatriation, Circumstances. The Committee notes the Government’s indication that section 3.4.07(2) of the Maritime Code provides that the maximum period of embarkation shall be ten months. The Committee also notes that sections 3.7.07 and 3.7.08 set out the right to repatriation at the expense of the ship for seafarers disembarked in Madagascar or abroad. In the absence of other more detailed provisions, the Committee requests the Government to take the necessary measures to give full effect to the requirements of Standard A2.5.1, paragraphs 1 and 2(a) and (c).

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition from requiring seafarers to make an advance payment and from recovering the cost of repatriation from seafarers. The Committee notes the Government’s indication that section 3.7.08 of the Maritime Code provides that a seafarer put ashore abroad shall be repatriated at the expense of the ship. Nevertheless, the cost of repatriation can be reclaimed from the seafarer if he has been put ashore for prosecution or to serve a sentence. In this regard, the Committee recalls that, although the shipowner may recover the costs of repatriation in the limited circumstances set out in 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 bargaining agreements, to be in serious default of his employment obligations), such a situation does not release the shipowner from the obligation to advance the cost of repatriation in the first place. The Committee therefore requests the Government to confirm whether, in the event that a seafarer is put ashore for prosecution or to serve a sentence, the shipowner remains responsible for advancing the cost of repatriation in the first place, as required by Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2, paragraph 2. Repatriation. Financial security. Abandonment. The Committee notes the Government’s indication that the national legislation in Madagascar does not specify the conditions under which a seafarer shall be deemed to have been abandoned or defining abandonment. The Committee therefore requests the Government to take the necessary measures to give effect to Standard A2.5.2. It also requests the Government to provide a copy of the model certificate or any other kind of documentation of the financial guarantee containing the information required by Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and Standard A2.6, paragraph 1. Seafarer compensation for the ship’s loss or foundering. Unemployment indemnity. The Committee notes the Government’s indication that the national legislation of Madagascar does not yet contain specific provisions on the calculation of the indemnity that should be paid to seafarers for any issue relating to the ship’s loss or foundering. The Committee requests the Government to adopt the necessary measures to ensure that full effect is given to the Convention.

Regulation 2.7 and the Code. Manning levels. The Committee notes the Government’s indication that the legislation of Madagascar sets a clear framework for the determination of the minimum safe manning levels on board ship, and particularly the Maritime Code and Order No. 9781-2001, which provide for the issue of a safe manning level certificate, safety assessment procedures and the requirement for a qualified crew in accordance with the type of ship. However, the Government specifies that the national legislation does not yet provide that the determination of the manning levels shall take into account the requirements of Regulation 3.2 and Standard A3.2. The Committee requests the Government to adopt the necessary measures to give effect to Standard A2.7, paragraph 3. Noting the absence of information on the complaint procedures concerning the determination of minimum safe manning levels, the Committee requests the Government to indicate how Guideline B2.7.1 has been given due consideration. Finally, the Committee requests the Government to provide a typical example of a safe manning document.

Regulation 2.8 and the Code. Career and skill development and employment opportunities. The Committee notes the Government’s indication that Madagascar is preparing a National Maritime Transport Policy which includes a section on “Seafarers” intended to strengthen vocational guidance, initial and further training, and vocational skills focusing on maritime safety. However, this text is awaiting inclusion on the agenda of the Office of the Prime Minister before being examined by the Government Council, the Council of Ministers and then the National Assembly and the Senate. In parallel, the National Tripartite Maritime Labour Council is also drawing up a national policy along the same lines, but it has not yet been adopted. The Committee requests the Government to provide information on any developments relating to these initiatives.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s indication that Madagascar has a legislative framework which guarantees decent accommodation conditions for seafarers on board ships flying the national flag. The Maritime Code recognizes the right to sleeping facilities and refers to an Order defining implementing procedures, while the Order of 1962 imposes requirements relating to hygiene, habitability and available space, and also to lighting and ventilation in crew quarters. However, the Committee notes that the national regulations do not contain any specific provisions that take into account all the requirements of the Convention regarding accommodation and recreational facilities. The Committee therefore requests the Government to provide detailed information on the legislative measures and regulations adopted to ensure full conformity with the requirements of Standard A3.1. The Committee also requests the Government to indicate the measures applicable to ships built before the entry into force of the MLC, 2006, for Madagascar, in order to guarantee that seafarers working or living on board ship benefit from decent accommodation and recreational facilities, and to promote their health, well-being and quality of life, in accordance with the objectives of Title 3 of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 7. Food and catering. Frequent inspections. The Committee notes the Government’s indication that the requirements of this provision are not yet covered by the national legislation. The Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes the Government’s indication that section 3.6.01 ff. of the Maritime Code guarantee coverage of the cost of medical care where seafarers are injured in the service of the ship or fall ill during the voyage. However, the Committee notes that this legislation does not give full effect to certain key aspects of Regulation 4.1 and Standard A4.1, paragraph 1(a), (b) and (c). The Committee also underlines the need to adopt a standard medical report form (Standard A4.1, paragraph 2), to establish requirements for on-board hospital and medical care facilities and equipment and training (Standard A4.1, paragraph 3), and to ensure that all ships carry a medicine chest, medical equipment and a medical guide (Standard A4.1, paragraph 4(a)). The Committee therefore requests the Government to indicate how effect is given to these requirements of the Convention, specifying the relevant national provisions.

Regulation 4.2 and Standard A4.2.1. Shipowners’ liability. The Committee notes that, under section 3.6.02 of the Maritime Code, where a seafarer has disembarked on the national territory when he/she is injured, sick or still not recovered, the cost of medical care shall no longer be the responsibility of the shipowner but shall be covered by the general scheme applicable to occupational accidents and diseases. The Committee also notes that during periods of paid holiday and unpaid rest, the seafarer remains covered by the ship in accordance with the conditions laid down in section 3.6.01. However, the Committee observes that the national legislation does not appear to provide for maintaining the payment of wages after the disembarkation of the injured or sick seafarer, as required by Standard A4.2.1, paragraph 3.The Committee therefore requests the Government to indicate how effect is given to this requirement of the Convention.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee notes that section 3.10.03 of the Maritime Code imposes the obligation on shipowners or their representatives to safeguard personal effects left on board by deceased seafarers and to convey them to their closest relatives or other parties concerned. However, the Committee observes that this provision does not cover situations in which seafarers have disembarked because they are sick or injured. The Committee therefore requests the Government to take the necessary measures to give effect to Standard A4.2.1, paragraph 7.

Regulation 4.2 and Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes the Government’s indication that Madagascar does not yet have a financial security mechanism giving effect to these requirements of the Convention. The Committee requests the Government to take the necessary measures to give effect to Regulation 4.2 and Standards A4.2.1 and A4.2.2. It also requests the Government to provide a copy of a standard 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 occupational health and safety are now covered by Act No. 2024-014 of 1 August 2024 issuing the Labour Code, of which Title IV (sections 159 ff.) establishes general principles relating to the protection of workers’ health and safety. However, the Committee observes that the provisions of the Labour Code, which are of a general nature, do not take into account the specific characteristics of work on ships, in accordance with the requirements of Regulation 4.3 and Standard A4.3. The Committee therefore requests the Government to indicate the measures envisaged to incorporate the requirements of Regulation 4.3 and Standard A4.3 into the national legislation, including the adoption of a specific framework applicable to ships flying the flag of Madagascar. It also requests the Government to provide a copy of any relevant legal text and to indicate the progress achieved in ensuring conformity with the Convention.

Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. The Committee notes the Government’s indication that Madagascar does not yet have any national legislation giving effect to these requirements of the Convention. The Committee requests the Government to take the necessary measures to ensure observance of these requirements of the Convention.

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee.Noting that Madagascar does not have any national legislation giving effect to these requirements of the Convention, and recalling that Standard A4.3, paragraph 2(d), provides that a ship’s safety committee shall be established on board a ship where there are five or more seafarers, the Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Health and safety protection and accident prevention. Reporting, statistics and investigations. The Committee notes that the legislation needed to give effect to these requirements of the Convention has not yet been adopted. The Committee therefore requests the Government to take the necessary measures to ensure that: (i) occupational accidents, injuries and diseases are reported, taking into account the relevant ILO guidance; and (ii) statistics of occupational accidents and diseases concerning seafarers covered by the Convention are collected, kept, analysed and published. The Committee also requests the Government to provide information on the manner in which this data is taken into account by shipowners in the assessment of risks relating to occupational safety and health on board ships.

Regulation 4.3 and Standard A4.3, paragraph 8. Health and safety protection and accident prevention. Risk evaluation. The Committee notes the Government’s indication that Madagascar does not yet have any national legislation giving effect to this requirement of the Convention. The Committee requests the Government to take the necessary measures to give effect to this provision of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that there is no national legislation giving effect to this requirement of the Convention. Recalling the importance of access to welfare facilities for seafarers, the Committee requests the Government to take the necessary measures to give effect to the provisions of Regulation 4.4.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the explanations of the Government that Circular No. 0382-APMF/DG/21 of 26 April 2021 on the authorization of recognized organizations (ROs) establishes criteria and requirements for the recognition and structuring of recognized organizations, in accordance with the RO Code and the binding instruments of the IMO. It also notes that the competent authority has not yet identified a list of recognized organizations. The Committee requests the Government to provide, if any, the list of any recognized organizations which it has authorized to act on its behalf, indicating the functions that they are authorized to perform.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance (DMLC). The Committee notes the Government’s indication that the legislation of Madagascar has still not established any rules regarding the establishment of DMLCs. The Committee requests the Government to take the necessary steps to give effect to Regulation 5.1.3 and the Code. The Committee also requests the Government to provide copies, once they are available, of the DMLC, Part I, and one or more examples of any DMLC, Part II, drawn up by a shipowner and certified by the competent authority or a recognized organization.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that the legislation of Madagascar does not give effect to this requirement of the Convention concerning the status of inspectors, the inspection regime and applicable penalties. The Committee requests the Government to take the necessary measures to give full effect to these provisions of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Reporting on inspections. The Committee notes that section 8 of Order No. 1754 of 28 April 1969, establishing the competencies and conditions for the recruitment of inspectors of shipping and maritime labour, provides that inspectors may draw up reports and shall send them to the chief of the maritime district, in accordance with sections 6 and 8 of the Order. However, the national legislation does not provide for either handing over a copy of these reports to ships’ masters or for displaying them on board. The Committee therefore requests the Government to take the necessary regulatory measures to give full effect to Standard A5.1.4, paragraph 12.

Regulation 5.1.5 and Standard A5.1.5, paragraphs 2, 3 and 4. Flag State responsibilities. On-board complaint procedures. Victimization. Information on on-board complaint procedures. The Committee notes the Government’s indication that the national legislation does not regulate this provision of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that on-board complaint procedures are established, in accordance with the requirements of Regulation 5.1.5 and the Code, and to provide a copy of the model on-board complaint procedures applicable on board ships, once they have been adopted. The Committee also requests the Government to indicate how effect is given to Regulation 5.1.5, paragraph 2 (prohibition of victimization) and Standard A5.1.5, paragraph 4 (provisions ensuring that seafarers are provided with a copy of the on-board complaint procedures in force).

Regulation 5.1.6, paragraph 2. Flag State responsibilities.Marine casualties. Official inquiry. Cooperation. The Committee notes the Government’s indication that the national legislation provides that any serious maritime accident involving a Malagasy ship must be the subject of an inquiry by an ad hoc commission, in addition to the regulatory nautical inquiry (Decree No. 91-134 of 12 March 1991). Decision No. 011-APMF/DG/BIES/2018 designates the investigators responsible for conducting these inquiries into maritime and river accidents. However, the legislation does not provide for the inquiry report normally to be made public, nor establish any obligation to cooperate with Member States with regard to serious maritime accidents. The Committee recalls that, under Regulation 5.1.6, an official inquiry shall be held into any serious marine casualty, the final report shall normally be made public and Member States shall cooperate with each other to facilitate these investigations. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s indication that the national legislation does not contain any provisions giving effect to these requirements of the Convention. The Committee requests the Government to take the necessary measures to ensure full compliance with these provisions of the Convention.

[The Government is asked to reply in full to the present comments in 202 8 .]