Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - República Unida de Tanzanía (Ratificación : 2019)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), as well as the observations of the International Transport Workers’ Federation’s (ITF) received on 1 September 2025. The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2022 entered into force for the United Republic of Tanzania on 23 December 2024. In relation to these amendments, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Impact of the COVID-19 pandemic. In this regard, the Committee notes the Government’s indication that there are no remaining restrictions. The Committee takes note of this information.

I. Tanzania mainland

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that, in response to its previous comment, the Government indicates that the Merchant Shipping (Maritime Labour) Regulations, 2022 (hereafter “the Regulations”) were published on 22nd April, 2022 through Government Notice No. 228 of 2022. The Committee notes with interest the adoption of these national provisions and draws the Government’s attention to the points set out below as necessary measures for achieving full implementation of the Convention.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. In reply to its previous comment, the Committee notes the Government’s indication that "normal place of work" in the context of the definition of a seafarer under the Regulations is to be understood as “on board a ship”. The Government states that the Registrar has not made use of the possibility provided for under regulation 2(2)(a) of the Merchant Shipping (Maritime Labour) Regulations, 2022, to exempt any category of persons to be regarded as seafarers. The Committee takes note of this information.

Article II, paragraphs 1(i), 4, 5, 6 and 7. Definitions and scope of application. Ships. In reply to the Committee’s previous comment, the Government states that regulation 2(c) of the Merchant Shipping (Maritime Labour) Regulations, 2022, provides that the MLC, 2006, applies to Tanzanian ships of 200 gross tonnage or over, whether owned by the Government or private sector engaged in commercial activities and international voyages and that regulation 2(d) provides that the Convention also applies to non-Tanzanian ships of 200 gross tonnage or over with MLC, 2006, documentation when in a Tanzanian port. While noting that the Regulations adopted no longer exempt ships below 500 gross tonnage from the application of the Convention, the Committee observes that regulations 2(c) and (2)(d) provide for an overall exclusion of ships engaged in domestic voyages. The Committee recalls that the Convention applies to all ships, irrespective of the nature of their voyage, other than those ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply whether publicly or privately owned, ordinary engaged in commercial activities, other than ships engaged in fishing, ships of traditional build, warships or naval auxiliaries (Article II, paragraphs 1(i) and 4). The Committee recalls that while Article II, paragraph 6, provides flexibility with respect to the application of “certain details of the Code” to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, this Article does not allow to exclude a ship, or a category of ships, from the overall application of the Convention. The Committee requests the Government to adopt the necessary measures to ensure that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention, including ships engaged in domestic voyages. The Committee further requests the Government to amend the Regulations to ensure that any determination made under Article II, paragraph 6, is limited to ships of 200 gross tonnage that do not voyage internationally, in consultation with shipowners’ and seafarers’ organizations, and to specify the alternative national provisions that apply to this category of ships for each Standard of the MLC, 2006, which is not applicable to them.

Article VI, paragraphs 3 and 4. Substantial equivalence. In reply to its previous comment with respect to the possibility to adopt substantially equivalent measures to the requirement to carry a qualified ship’s cook, the Committee notes the Government’s indication that regulation 60 of the Merchant Shipping (Maritime Labour) Regulations, 2022, provides for the requirements to carry a qualified ship’s cook. The Committee observes, however, that regulation 60 does not ensure that all ships operating with a prescribed manning of ten or more carry a fully qualified cook (Standard A3.2, paragraph 5). Accordingly, the Committee requests the Government to take the necessary measures without delay to ensure the application of this requirement of the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that, in response to its previous request, the Government states that exceptions authorized by the competent authority under regulation 5(1)(b) of the Merchant Shipping (Maritime Labour) Regulations, 2022, are made after consultation with the shipowners’ and seafarers’ organizations concerned through the adoption and implementation of the Regulations, as required by Standard A1.1, paragraph 3(b). The Committee takes note of this information.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. In reply to its previous comment, the Committee notes that the Government states that it will adopt the necessary amendments to ensure conformity with Standard A1.1, paragraph 4, after consultation with the shipowners’ and seafarers’ organizations concerned, which will clearly distinguish between types of work that are to be prohibited, without exception, and those that can only be undertaken under adequate supervision and instruction. Currently, to ensure that trainees including young seafarers under the age of 18 are not subjected to hazardous works, they receive a Cadet Record Book indicating the required works that they will perform during training. The Committee requests the Government to adopt the necessary measures without delay to ensure full conformity with Standard A1.1, paragraph 4, and to provide information on any development on the adoption of the list of such types of work as well as a copy thereof once available.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. Referring to its previous comments, the Committee notes the Government’s indication that the Merchant Shipping (Medical Examinations) Regulations, GN.No.244 of 2016 have been repealed and replaced by the Merchant Shipping (Medical Examination) Regulations, Government Notice No.327 of 2023. The Committee observes that regulation 14(1)(a) of the above-mentioned new Regulations provides for grounds of suspension and cancelations of medical certificates and that regulation 21 provides for the possibility for a seafarer or master who is aggrieved by the decision under regulation 14 to have a further examination by a medical referee. It notes with interest that the above-mentioned Regulations no longer restrict the right to have a further examination by a medical referee to medical fitness certificates suspended for a period of more than three months. The Committee takes note of this information, which addresses its previous request.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Further to its previous comment, the Committee notes that regulation 11(1) of the Merchant Shipping (Maritime Labour) Regulations, 2022, provides that “[a] person employed as a seafarer on board a ship and a person employing him shall enter into a seafarer employment agreement which complies with the Act and these Regulations and being signed by a seafarer and the shipowner or representative of a shipowner providing a seafarer with decent working and living conditions on-board a ship as required by these Regulations”. The Committee observes, however, that Regulation 11(2) stipulates that “[w]here the seafarer is an employee but is not an employee of the shipowner – (a) the employer of the seafarer shall be a party to the seafarer employment agreement; and (b) the seafarer employment agreement shall include provision under which the shipowner guarantees to the seafarer the performance of the employer’s obligations”. The Committee notes the Government’s indication in this regard that it has noted the Committee’ concern regarding the fact that this provision does not comply with Standard A2.1, paragraph 1 (a), and that it will seek ILO technical assistance to ensure that, in all cases, the shipowner is a party to the seafarers’ employment agreement (SEA) as required by the Convention. The Committee takes note of this information and requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.1, paragraph 1 (a). It further requests the Government to provide an example of the standard seafarer’s’ employment agreement.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee observes that regulation 12(1) and (2) of the Merchant Shipping (Maritime Labour) Regulations, 2022, provides for the matters that are to be included in all SEAs. The Committee observes however that regulation 12 (2), related to the situation in which the seafarer is an employee of the shipowner, does not include all the elements required by Standard A2.1, paragraph 4. The Committee further notes that regulation 12(3)(a) stipulates that the provisions of subregulations (1) and (2) shall not apply to a seafarer who is on board the ship for the principal purpose of receiving training. Recalling that cadets are to be regarded as seafarers for the purpose of the Convention, the Committee emphasizes that national provisions implementing the Convention, including in relation to SEAs, shall apply to them. Referring to its comments under Standard A2.1, paragraph 1(a), the Committee requests the Government to adopt the necessary measures without delay to ensure that all SEAs contain the particulars required by Standard A2.1, paragraph 4, including for seafarers on board the ship for the principal purpose of receiving training in navigation. In this regard, the Committee recalls that, as foreseen in Article VI, paragraph 3, Governments, in consultation with social partners, could agree on substantial equivalent measures applicable to cadets where needed, in accordance with the Convention.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. Further to its previous comment, the Committee notes that the Government’s reply does not contain any new information as to how it ensures that any charge for the service of allotments shall be reasonable in amount and the rate of currency exchange, unless otherwise provided, shall be, in accordance with national laws or regulations, at the prevailing market rate or the official published rate and not unfavourable to the seafarer. The Committee therefore requests the Government to adopt the necessary measures without delay to give full effect to Standard A2.2, paragraph 5.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. Referring to its previous comments, the Committee notes that regulation 20(1) of the Merchant Shipping (Maritime Labour) Regulations, 2022, provides that for the purposes of calculating a wage payment of a seafarer, the normal hours of work at sea and in port should not exceed eight hours per day. The Committee takes note of this information.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes the Government’s reply to its previous comment indicating that exceptions to the minimum hours of rest for watchkeepers have not been permitted up to this date. It further states that measures will be taken to amend the Merchant Shipping (Maritime Labour) Regulations, 2022, to ensure that any exceptions are provided through collective agreements. The Committee requests the Government to adopt the necessary measures without delay to ensure that full effect is given to Standard A2.3, paragraph 13 , and to provide updated information on the progress made in this regard.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. In reply to the Committee’s previous comment, the Government refers to regulation 22(5) of the Merchant Shipping (Maritime Labour) Regulations, 2022, which stipulates that a shipowner or master shall ensure that seafarers whose normal period of rest is disturbed by call-outs to work, such as when a machinery space is unattended, have an adequate compensatory rest. The Committee observes that regulation 22(5) gives effect to Standard A2.3, paragraph 8, but does not cover the circumstances under which a seafarer may be required to perform hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea provided for under Standard A2.3, paragraph 14, and for which, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee therefore requests the Government to take the necessary measures without delay to ensure the application of Standard A2.3, paragraph 14.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes that, in reply to its previous comments, the Government states that it will take necessary measures to ensure that there are provisions that restrict an employer from allowing an employee to work continuously in any leave cycle and prohibit practising of forgo of annual leave except in cases provided for by the competent authority so as to protect the health and well-being of seafarers and to prevent fatigue. The Committee requests the Government to adopt the necessary measures without delay to ensure that full effect is given to Standard A2.4, paragraph 3, and to provide updated information on the progress made in this regard.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. In reply to its previous comments, the Committee notes that regulation 34 of the Merchant Shipping (Maritime Labour) Regulations, 2022, provides that the duty of the shipowner to repatriate end when the: (a) seafarer is repatriated in accordance with regulation 30; (b) shipowner makes reasonable arrangements for repatriation which are unsuccessful because of the seafarer’s unreasonable conduct; (c) shipowner has used reasonable endeavours to contact the seafarer for a period of three months or more, but has been unable to make such contact or (d) seafarer confirms in writing to the shipowner that repatriation is not required. The Committee recalls that the only case in which the right to repatriation may lapse in conformity with the Convention is provided by Guideline B2.5.1, paragraph 8, in the case in which the seafarers concerned do not claim that right within a reasonable period of time to be defined by national laws or regulations or collective agreements. The Committee further observes that there does not seem to be a reference to the procedure and processes, which would be used to determine whether the seafarer’s conduct was reasonable or not pursuant to Regulation 31(b) of the draft Regulations. Observing that regulation 34(b) and (d) of the Regulations are not in conformity with the Convention, the Committee requests the Government to adopt the necessary measures to ensure that any provision of national legislation which deprives seafarers of their right to repatriation is limited to the circumstances allowed by the Convention, in conformity with Standard A2.5.1, paragraph 1.

Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee notes the Government’s indication, in reply to its previous comment, that regulation 61(1) of the Merchant Shipping (Maritime Labour) Regulation, 2022, provides that “[s]ubject to any dispensation issued by the State whose flag the ship is entitled to fly a shipowner shall ensure that a seafarer who is engaged as ship’s cook is trained, qualified and found competent for the position in accordance with requirements set out in the written laws of the flag State”. The Committee however notes that this regulation does not give effect to the requirement of Standard A3.2, paragraph 5, that only ships operating with a prescribed manning of less than ten may not be required by the competent authority to carry a fully qualified cook. The Committee also observes that the above-mentioned Regulations no longer contain provisions with respect to the training and qualifications required to be a ship’s cook. The Committee requests the Government to take the necessary measures to ensure that all ships operating with a prescribed manning of ten or more carry a fully qualified cook, as required by the Convention.

Regulation 4.1 and Standard A4.1, paragraph 1(b). Medical care on board and ashore. Protection comparable to workers ashore. The Committee notes the Government’s reply to its previous comment indicating that regulation 48(1) of the Merchant Shipping (Maritime Labour) Regulations, 2022, implements the requirement of the Convention that seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise. The Committee takes note of this information.

Regulation 4.1 and Standard A4.1, paragraph 2. Medical care on board and ashore. Standard medical report form. The Committee notes that, in reply to its previous comment, the Government refers to regulation 19 of the Merchant Shipping (Medical Examinations) Regulations, 2023, which pertains to the medical certificate to be issued to seafarers attesting that they are medically fit to perform the duties they are to carry out at sea pursuant to Regulation 1.2 and the Code. The Committee observes that regulation 19 does not cover the requirement of Standard A4.1, paragraph 2, that the standard medical report form for seafarers should be designed to facilitate the exchange of medical and related information concerning individual seafarers between ship and shore in cases of illness or injury. Recalling that the report forms under Standard A1.2 and Standard A4.1 serve different purposes, the Committee requests the Government to adopt the necessary measures to give full effect to Standard A4.1, paragraph 2.

Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Minimum requirements. Medicine chest, medical equipment and medical guide. The Committee notes the Government’s reply to its previous comment indicating that it will take the necessary measures to ensure compliance with the requirements of Standard A4.1, paragraph 4(a). The Committee requests the Government to take the necessary measures without delay to give full effect to this provision of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 4(c). Medical care on board and ashore. Minimum Requirements. Seafarer in charge of medical care. The Committee notes the Government’s indication, in reply to its previous comment, that the requirement of Standard A4.1, paragraph 4(c), for ships under 50 gross tonnage, which do not carry a medical doctor, to have either at least one seafarer on board who is in charge of medical care and administering medicine as part of their regular duties or at least one seafarer on board competent to provide medical first aid is provided for under the Merchant Shipping (Small Ships, Local Cargo Ship Safety, Small Ship Safety, Surveys and Inspections for Vessels Engaged on Local and Coastal Voyages, Inland Waters) Regulations, 2004. The Committee takes note of this information.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. Referring to its previous comment, the Committee notes that the Government states that it will take measures to implement the requirements of Standard A4.1, paragraph 4(d), and that in the meantime it is preparing a Strategy on Implementation of IMO Instruments which will cover Maritime Telemedical Advice Service (TMAS). The Committee requests the Government to adopt the necessary measures without delay to ensure that full effect is given to this provision of the Convention and to provide updated information on the progress made in this regard.

Regulation 4.2 and Standard A4.2.1, paragraph 1(c). Shipowners’ liability. Minimum Standards. Expenses of medical care and board and lodging away from home. The Committee notes that, in response to its previous request, the Government indicates that Regulation 52(1)(d) of the Merchant Shipping (Maritime Labour) Regulations, 2022, provides that the shipowner shall be liable to defray the expense of medical care and board and lodging to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness in compliance with the requirement of the Convention. The Committee takes note of this information.

Regulation 4.2 and Standard A4.2.1, paragraph 1(d). Shipowners’ liability. Minimum Standards. Burial expenses. The Committee notes that, in response to its previous request, the Government states that Regulation 52 (1)(c) of the Merchant Shipping (Maritime Labour) Regulations, 2022, stipulates that a shipowner shall be liable to pay the cost of burial expenses in the case of death occurring on board or ashore during the period of engagement in compliance with the requirement of the Convention. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee notes that the Government refers to regulation 52 of the Merchant Shipping (Maritime Labour) Regulations, 2022. The Committee observes however that this provision is insufficient to apply the detailed provisions of Standards A4.2.1, paragraphs 8 to 14 and A4.2.2 and that the Government provides no information on the arrangements 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, as required by Standard A4.2.2, paragraph 3. The Committee accordingly requests the Government to take the necessary steps without delay to give effect to these provisions of the Convention.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes, in response to its previous comments, the Government’s indication that measures adopted to give full effect to the provisions of the Convention are provided through the Merchant Shipping (International Safety Management) (ISM Code) Regulations, 2005. The Committee notes that the Government does not provide comprehensive information in this regard and that these Regulations do not cover the requirements of Regulation 4.3 and the Code. The Committee requests the Government to adopt the necessary measures without delay to give full effect to the detailed provisions of the Convention. The Committee reminds the Government in this regard that it can take into consideration the guidance provided in ILO Guidelines for implementing the occupational safety and health provisions of the Convention in the national measures adopted in the future to give full effect to Regulation 4.3 and Standard A4.3.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. Further to its previous comment, the Government states that the existing facility is operational and it is under Mission to Seamen at Kurasini area in Dar es Salaam. The Committee takes note of this information.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes the Government’s indication, in reply to its previous comment, that seafarers ordinarily resident in the Republic of Tanzania working on ships operating under the flag of another country are provided with social security protection, as required under Regulation 4.5 and the Code, through the provision of section 97 of the National Social Security Fund Act, Cap 50 R.E. 2023, according to which the Government of Tanzania may enter into a reciprocal agreement with the government of any other territory. The Committee requests the Government to provide information on any bilateral or multilateral arrangements in which it participates in relation to social security of seafarers, including the maintenance of rights acquired or in the course of acquisition (Standard A4.5, paragraphs 3, 4 and 8).

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee welcomes the adoption of the Merchant Shipping (Maritime Labour) Regulations, 2022, which give effect to the requirements of Title 5 of the Convention. It notes that the Government refers to the Declaration of Maritime Labour Compliance (hereafter, DMLC), Parts I and II, provided for under the Fourth Schedule of the Regulations. The Committee however observes that the DMLC, part I, only contains references to the relevant national legal provisions, without providing any details on the content of the national requirements as required by Standard A5.1.3, paragraph 10(a), and that the DMLC, Part II, is a blank form, that has not been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b). The Committee requests the Government to amend the DMLC, Part I, to fully implement Standard A5.1.3, paragraph 10(a), and to provide one or more examples of a DMLC, Part II, duly approved by the competent authority as provided for under Standard A5.1.3, paragraph 10(b).

II. Zanzibar

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that, concerning the implementation of the MLC, 2006, the Government indicates that the Maritime Transport Act No. 5 of 2006 and Regulations are being reviewed for the purpose of fulfilling the requirements of the Convention. Noting the Government’s indication that the relevant measures are currently under review, the Committee requests the Government to adopt the necessary measures to implement the Convention without delay and provide a copy of the amended legislation once adopted.

Article III. Fundamental rights and principles. Referring to its previous comment on how Zanzibar has satisfied itself that its laws and regulations, in the context of the MLC, 2006, respect the fundamental rights referred to in Article III, the Committee notes the information provided by the Government on the legislation ensuring these rights. The Committee takes note of this information.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. Noting the Government’s reply that it will take measures to ensure conformity with the requirements of Standard A1.1, the Committee requests the Government to take the necessary steps without delay to align its legislation with this requirement of the Convention.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. Noting the Government’s indication that it will take the necessary measures to ensure conformity with the requirements of Standard A1.2, paragraph 5, the Committee requests it to take such measures without delay and to provide updated information on the progress made in this regard.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that, in response to its previous request, the Government indicates that no system is established for the operation of private seafarer recruitment or placement services in Zanzibar. The Government does not indicate whether shipowners of ships that fly its flag use seafarer recruitment and placement services based in foreign countries or territories. It indicates that the relevant regulations of recruitment and placement under the MLC, 2006, are at the stage of internal consultation. The Government requests technical assistance to establish such system in accordance with the requirements of Regulation 1.4 and the Code. The Committee requests the Government to adopt the necessary measures without delay to comply with Regulation 1.4. It further notes the request for technical assistance from the Office with respect to the establishment of a system for the operation of recruitment and placement of seafarers and hopes that this assistance will be provided shortly.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. Noting the Government’s reply that it will take necessary measures to ensure conformity with Standard A2.1, paragraphs 1(e) and 3, the Committee requests the Government to adopt the necessary measures without delay to comply with this requirement of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. Noting the Government’s reply that it will take the necessary measures to ensure compliance with the requirements of the Convention, the Committee requests it to adopt the necessary measures without delay to ensure full conformity with Standard A2.1, paragraph 6.

Regulation 2.2 and Standard A2.2, paragraph 2. Wages. Monthly account. In reply to its previous comment, the Committee notes that the Government refers to section 106 of Maritime Transport Act, No. 5 of 2006, which provides that the amounts stated in the account of the wages due to a seafarer under a crew agreement and of the deductions may require later adjustment and shall therefore be delivered at the time of termination. The Government nonetheless indicates that it will take necessary measures to amend the Seafarers Engagements Regulations (LN.24) to give full effect to the requirement of Standard A2.2, paragraph 2. The Committee requests the Government to adopt the necessary measures without delay to give effect to the requirements of Standard A2.2, paragraph 2.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. In reply to the Committee’s previous comment, the Government indicates that it will take into consideration the concerns raised when amending its laws and regulations to ensure that the maximum hours of work or minimum hours of rest are fixed in accordance with Standard A2.3, paragraph 2, and are not subject to selective application by shipowners. The Committee therefore requests the Government to adopt without delay the necessary measures to comply with this requirement of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. Observing the Government’s indication that it will take into consideration the Committee’s concerns when amending its laws and regulations, the Committee requests it to adopt the necessary measures without delay to ensure that any exceptions to the provisions set out in Standard A2.3, paragraphs 5 and 6, may only be provided through collective agreements.

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition to forgo paid annual leave. Exceptions. The Committee notes that, in reply to its previous comment, the Government indicates that up to date no authorized exception has been granted by the Authority to forgo annual leave. The Committee takes note of this information and requests the Government to inform it of any authorizations granted in the future, pursuant to regulation 14(4) of the Seafarers Engagement Regulations (LN.24).

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. Noting the Government’s reply that it will make amendments to the Repatriation and Relief of Seafarers Regulations (LN.22) to ensure that, any provision of national legislation which deprives seafarers of their right to repatriation is limited to the circumstances allowed by the Convention, as well as take into account the requirements of Guideline B4.1.4, paragraph 1(k) with respect to the repatriation of the bodies or ashes of deceased seafarers, the Committee requests the Government to adopt the necessary measures without delay to comply with Standards A2.5.1, paragraphs 1 and 2 (a).

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. Noting the Government’s explanation that it will take into account the concerns of the Committee with respect to the maximum duration of service periods on board following which a seafarer is entitled to repatriation, the Committee requests the Government to adopt the necessary measures without delay to give full effect to Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. Further to its previous comment, the Committee notes that the Government states that amendments to the relevant provisions will be made to ensure that shipowners pay for repatriation of seafarers in all cases when seafarers are entitled to this right as provided under Standard A2.5.1, paragraph 3, as well as set out the procedure to be followed and the standard of proof to be applied before a seafarer can be signed off in cases of violations. The Committee requests the Government to adopt the necessary measures without delay to give effect to these requirements of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Further to its previous comment, the Committee notes that the Government refers to section 151(1) and 152 of the Maritime Transport Act, 2006, which provides for relief to be accorded to distressed seafarers who have been left behind outside of Tanzania or shipwrecked. The Committee, however, notes that these provisions do not cover circumstances under which a seafarer shall be deemed to have been abandoned pursuant to Standard A2.5.2, paragraph 2. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee requests the Government to adopt the necessary measures without delay to give effect to Standard A2.5.2. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and the Code. Manning levels. The Committee notes the Government’s reply to its previous comment indicating that a number of provisions such as regulations 12(d)(i), 13 and 39 Safe of the Manning Regulations of 2018 (L.N. 23) provide guarantees to ensure that ships of less than 500 gross tonnage have sufficient manning levels to operate safely. The Committee takes note of this information, which addresses its previous request.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. The Committee notes the Government’s reply to its previous comment indicating that it will address, when amending its laws and regulations, the concerns raised with respect to the need to have on board a ship’s cook and catering staff when determining manning levels as required by Standard A2.7, paragraph 3. The Committee requests the Government to adopt such measures without delay and to provide a copy of the relevant provisions once available.

Regulation 2.8 and the Code. Career and skill development and employment opportunities. In reply to the Committee’s previous comment, the Government refers to: (i) obijective Four of the Zanzibar Maritime Strategy for Implementing IMO Instruments 2019 – 2023, which promotes high quality employment in line with the STCW Convention to meet current and future worldwide demand for qualified seafarers; and (ii) the process of developing the Overall Strategy for Implementation of IMO Instruments 2025 -2029, through responsible Ministries, which provides under paragraph 2.5 for training and Certifications of Seafarers. The Committee takes note of this information.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting the Government’s reply that it will take into consideration the concerns of the Committee with respect to minimum standards for accommodation and recreational facilities, the Committee requests it to adopt the necessary steps to that end without delay and to provide a copy of the relevant legislation once available.

Regulation 3.2 and the code. Food and catering. Noting the Government’s explanation that it will take into account the concerns of the Committee with respect to food and catering, the Committee requests the Government to adopt the necessary measures without delay to give full effect to Regulation 3.2 and the Code.

Regulation 4.1 and the Code. Medical care on board and ashore. Noting the Government’s indication that it will address the concerns of the Committee with respect to medical care on board and ashore when amending its laws and regulations, the Committee requests it to take such measures without delay and to provide updated information on the progress made in this regard.

Regulation 4.2 and the Code. Shipowners’ liability. In reply to its previous comment, the Committee notes that the Government refers to Regulation 6(1)(h) of the Seafarer Engagement Regulations, 2018, which refers to the matters to be listed in an employment contract, among which are health and social security benefits. The Committee observes that this provision does not sufficiently implement the requirements of Regulation 4.2 and the Code, which calls for the adoption of laws and regulations requiring that shipowners of ships that fly the Member’s flag are responsible for health protection and medical care of all seafarers working on board the ships in accordance with the minimum standards provided for under paragraphs 1 to 7 of this Standard. The Committee requests the Government to adopt the necessary measures without delay to give full effect to Regulation 4.2 and Standard A4.2.1, paragraphs 1 to 7.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes that Regulation 18 of the Seafarers Engagement Regulations, 2018, to which the Government refers does not give effect to the requirements of the 2014 amendments to the Code of the Convention. Recalling that such provisions require the adoption of laws and regulations, the Committee requests the Government to take the necessary measures without delay to give effect to Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Referring to its previous comment, the Committee observes that the Government refers to section 118 of the Maritime Transport Act No. 5 of 2006, according to which the Minister may make general provisions on the prevention of accidents and the protection of health in employment which may be applicable to the work of seafarers and Regulations shall specify measures for the prevention of accidents which are peculiar to maritime employment. The Committee however observes that such provisions do not seem to have been adopted yet. The Committee requests the Government to adopt the necessary measures without delay to ensure that full effect is given to the detailed requirements of Regulation 4.3 and the Code.

Regulation 4.5 and the Code. Social security. The Committee notes the Government’s indication, in reply to its previous comment, that seafarers who are not nationals but reside in Zanzibar are entitled to social security protection in accordance with section 3 of the Zanzibar Social Security Fund Act No. 2 of 2005, which provides that this Act shall apply to all employees in the public and private sector except those employees specifically exempted by the Minister under this Act. The Committee takes note of this information, which addresses its previous request.

Title 5. Compliance and enforcement. Further to its previous comment, the Committee notes that the Government states that the requirements of Title 5 of the Convention are implemented through inspections carried out by Recognized Organizations (ROs) on behalf of the Maritime Authority in accordance with the Maritime Transport Act No. 5 of 2006. The Committee observes that the Authority has established procedures to provide guidance to ROs performing inspections and that the MLC, 2006, is among the international Conventions to be checked. The Committee, however, observes that the Government has not provided information on the measures adopted prescribing the general framework of the procedure for the labour certification of ships and inspection of working and living conditions of seafarers on board ships. The Committee requests the Government to adopt the necessary measures without delay to give full effect to the detailed requirements of Title 5.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee observes that there are no provisions implementing the detailed requirements of Regulation 5.1.3 and Standard A5.1.3. Furthermore, the Committee notes that, while the Government has supplied a copy of the DMLC, Part I, which specifies the main content of the national requirements, it does not contain the necessary references to the national legal provisions. The Committee requests the Government to adopt without delay the necessary measures to give effect to Regulation 5.1.3 and the Code and to revise the DMLC, Part I, to reflect the national requirements embodying the relevant provisions of the Convention, including a reference to the relevant national legal provisions, and to supply a copy thereof once approved. It asks the Government to provide one or more examples of a DMLC, Part II, duly approved by the competent authority.

Regulation 5.1.6 and the Code. Flag State responsibilities. Marine casualties. Noting the Government’s indication that it will take into consideration, when amending the Maritime Transport Act, No. 5 of 2006, the concerns raised by the Committee with respect to the requirement to hold an official inquiry into any serious casualty, the Committee requests the Government to take the necessary measures without delay to give full effect to this requirement of the Convention.