Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Bahamas (Ratificación : 2008)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee also notes that the amendments to the Code approved by the International Labour Conference in 2022 will enter into force for Bahamas on 23 December 2024.

Impact of the COVID-19 pandemic. In reply to its previous comment, the Committee notes the Government’s indication that the Commonwealth of The Bahamas no longer publishes or follows Technical Alert 21-01 v2.1, which provided that where, as a result of travel restrictions imposed due to the COVID-19 pandemic, crew members employed on board have to extend their service beyond their contractual period as stated in their original SEA and / or 12 months, the Bahamas Maritime Authorities (BMA) will consider such extensions to be a result of force majeure and therefore not a breach of the MLC, 2006. The Committee notes this information, which addresses its previous request.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that, concerning the implementation of the Convention, the Government indicates that the maritime legislation continues to be amended to align it with the MLC, 2006, including by transitioning BMA Information Bulletins into Marine Notices and Information Notices respectively. The Committee notes that, while the Competent authority website is giving access to most of the current measures that are giving effect to the MLC, 2006, the Merchant Shipping (Maritime Labour Convention) Regulation, as amended (Reg 2024), to which the Government refers to, is not available online, neither provided with the report. The Committee recalls that the MLC, 2006 has been ratified in 2008 and that the current maritime legislation is still not giving full effect to some fundamental requirements of the Convention, like on minimum age. The Committee therefore requests the Government to adopt without delay the necessary measures to give full effect to the Convention, taking into account the matters raised below and to provide copy of the Merchant Shipping (MLC) Regulation (Reg 2024).

Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions and scope of application. Seafarers. National determination. With reference to its previous comments, the Committee notes the Government’s indication that Marine Notice No. 31 on Maritime Labour Convention, dated 13 January 2022, which has superseded the Bahamas Maritime Authority (BMA) Information Bulletin No. 127, is under review to effectively align with MLC, 2006 and that all maritime legislations will be amended to align accordingly. The Committee further notes the Government’s indication that no cases of doubt as to whether any categories of persons are to be regarded as seafarers have arisen so far. The Committee requests the Government to provide information on any development on the revision of Marine Notice No. 31. The Committee notes that in section 5.2 of Marine Notice No.31, Chief Storekeeper and Vessel Health, Safety and Environment (HSE) Officer have been added to the list of persons that “are not seafarers for the purpose of MLC, 2006”. The Committee requests the Government to clarify how it ensures that these categories of workers are only excluded from the definition of seafarer when they work on-board on an occasional or temporary basis.

Article II, paragraphs 1(i), 4, 5 and 7. Definitions and scope of application. Ships. National determination. In reply to its previous comment, the Government indicates that maritime legislation will be amended to align with the Convention. In particular, section 5.8 of the Yacht Notice No. 8. (Version No. 1.1. – effective date 20 January 2021), will stipulate that yachts carrying less than 12 passengers are covered by the Convention and will be issued with a Maritime Labour Certificate accordingly. The Committee requests the Government to take the necessary measures to bring its legislation in conformity with Article II, paragraphs 1(i), 4, 5 and 7 by amending Yacht Notice No. 8 and communicate a copy of the text once it has been adopted. The Committee notes that section 7.2 of Marine Notice No.31 provides that ships that are trading and/or operating exclusively between ports and facilities within the Bahamas are not ships for the purpose of MLC, 2006. The Committee recalls that the MLC, 2006, defines a ship in Article II, paragraph 1(i), as “a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply”. The Committee considers that the exclusion contained in section 7.2 of Marine Notice No. 31 might go beyond the exclusion contained in Article II, paragraph 1(i), of the MLC, 2006. Recalling that the application of the Convention is not limited to ships engaged in international voyages, the Committee requests the Government to adopt the necessary measures to ensure that the national provisions implementing the Convention apply to all ships falling within its scope of application and to provide information on any developments in this regard.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. In reply to its previous comment, the Committee notes the Government’s indication that national legislation does not contain a comprehensive list of hazardous work that should be prohibited for young seafarers. It further notes that the Government will endeavour to ensure that such list will be duly adopted in line with Regulation 1.1 and Standard A1.1 respectively. In this respect, the Committee recalls that pursuant to Standard A1.1, paragraph 4, 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 relevant international standards. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A1.1, paragraph 4.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes the Government’s reference, in reply to its previous comment, to section 8 of Marine Notice No. 43 dated 5 April 2022 on the MLC, 2006 Financial Security, which gives effect to Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. The Committee takes note of this informationwhich addresses its previous request on this matter.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. In reply to its previous comment, the Committee notes the Government’s indication that draft MLC Regulations have effectively addressed the concerns regarding Standard A2.3, paragraph 13. The Committee has not been able to review such draft as it was not provided by the Government. The Committee notes however that section 5.2 of Marine Notice No. 35 on Hours of rest, dated 26 April 2022, provides for a number of exceptions to the minimum hours of work that are not in conformity with the Convention. The Committee recalls that, under Standard A2.3, paragraph 13, the competent authority may have national laws or regulations or a procedure to authorize or register collective agreements permitting exceptions to the limits set out. The Committee notes, in this regard, that any such exceptions may only be granted within the framework of collective bargaining agreements. Recalling that any exception to the minimum hours of rest or maximum hours of work prescribed by the Convention may only be authorized by collective agreement, the Committee requests the Government once again to review its applicable legislation to give full effect to Standard A2.3, paragraph 13.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. In reply to its previous comment, the Committee notes the Government’s indication that the maritime legislation will be amended to ensure that the maximum continuous period of shipboard service without leave is in principle 11 months aligning with Standard A2.4, paragraphs 2 and 3, on annual leave and Standard A2.5.1, paragraph 2(b). The Committee observes that paragraph 9.6 of Marine Notice No. 34 on Seafarers Employment Agreement, dated 5 April 2022, provides that seafarers shall not be required to serve on board a ship for a period exceeding 12 months, before being entitled to repatriation. The Committee requests the Government to take the necessary measures to give full effect to Standard A2.5.1, paragraph 2(b) and Standard A2.4, paragraphs 2 and 3.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. In reply to its previous comment, the Committee notes the Government’s detailed explanation on the initiatives undertaken by the Bahamas to support seafarer career and skill development through various programs and institutions, i.e. Bahamas Maritime Authority Cadet Corps; Lowell J. Mortimore Maritime Academy; Ship Mate Ltd; Gadites Maritime Cadet Cooperation etc. The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraphs 20 and 21. Accommodation and recreational facilities. Exemptions. The Committee requested the Government to indicate how its legislation implements Standard A3.1, paragraphs 19 to 21 and to specify whether it has held any consultations with respect to the adoption of variations or exemptions under section 22(12) or (13) of the MLC Regulations, as required by the Convention. Noting that the Government did not reply to its previous request, the Committee requests the Government to provide detailed information on any variations or exemptions granted and on the required consultations with shipowners’ and seafarers’ organizations, as provided under Standard A3.1, paragraphs 19-21 of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 2(a). Food and catering. Religious and cultural practices. In reply to its previous comment, the Committee notes the Government’s reference to section 69(f) of the Merchant Shipping Act 2021 according to which the Minister may make regulations (referred to as the “maritime labour convention regulations”) to give effect to the MLC, 2006, in particular to requirements to workplace, accommodation, recreational facilities, food and catering including water. The Committee observes that the Government did not provide information on any regulations adopted by the Minister in this regard. The Committee requests the Government to adopt without delay the necessary measures to give effect to Standard A3.2, paragraph 2(a).

Regulation 4.1 and Standard A4.1, paragraph 1(b). Medical care on board and ashore. Protection comparable to workers ashore. In reply to its previous comment, the Committee notes the Government’s indication that the Bahamas enforces guidelines ensuring that seafarers receive health protection and medical care comparable to that available to shoreworkers, as per the Merchant Shipping (Maritime Labour Convention) Regulation, as amended (Reg 2024). The Committee further notes the Government’s indication that section 24(3) of Reg 2024 mandates shipowners to allow seafarers to visit medical practitioners or dentists at ports of call promptly and at no cost. However, the Committee was not able to review such text as it was not provided by the Government and is not otherwise available. Moreover, the Government points out that Bahamas plans to issue a Marine Notice to update maritime legislation in line with the Convention. The Committee requests the Government to supply a copy of the Regulations, as amended.

Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to on shore medical facilities for seafarers on board foreign ships. Immediate medical care. In reply to its previous request, the Committee notes the Government’s reply that section 69 of the Merchant Shipping Act, 2021 allows the Minister to create regulations aligned with the MLC, 2006, regarding health protection, medical care both on board ships and ashore, welfare, and the liability of shipowners. It also notes the Government’s indication that section 24 of Merchant Shipping (Maritime Labour Convention) Regulation, as amended (Reg 2024), ensures that seafarers have access to prompt and free medical care. Registered Shipowners must allow seafarers to visit medical practitioners or dentists in ports of call without delay and at no cost, regardless of the seafarer’s nationality or the ship’s registration. However, the Committee was not able to review such text as it was not provided by the Government and is not otherwise available. The Committee requests the Government to supply a copy of the Regulations, as amended.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. In reply to its previous comment, the Committee notes the Government’s reference to Merchant Shipping (Maritime Labour Convention) Regulation, as amended (Reg 2024). However, the Committee was not able to review such text as it was not provided by the Government and is not otherwise available. The Committee requests the Government to supply a copy of the Regulations, as amended and to provide information in relation to the establishment of shore-based welfare facilities on its territory.

Regulation 4.5 and Standard A4.5. Social security. In reply to its previous comment, the Committee notes that the Government refers to Section 69(g) of the Merchant Shipping Act (Maritime Labour Convention) Regulation 2021 according to which the Minister may make regulations to give effect to the MLC, 2006, in particular to provide social security protection to seafarers. The Committee notes that Section 5 of Marine notice No. 42 on the Shipowner Liability and Social Security (issued date 14 March 2024) provides that “5.1 A shipowner who employs a seafarer, who is a citizen of The Bahamas or is ordinarily resident in The Bahamas, shall pay the employer contributions to the Bahamas social security in accordance with the National Insurance Act. The contribution maybe arranged through the Seafarer Employment Agreement (SEA) or collective bargaining agreement (CBA)”. Considering that the seafarers ordinarily residing in the Bahamas are covered by the benefits afforded by the National Insurance Act, provided that they are employed on-board vessels owned or managed by persons residing or having their principal place of business in the Bahamas, the Committee requests the Government to provide detailed information on the effective implementation of the protection provided to seafarers under this Act, including statistics on the number of seafarers covered. The Committee notes that Section 5 of Marine notice No. 42 provides that “5.2.1. The Bahamas is a party to the CARICOM Social Security Agreement and accordingly, shipowners employing seafarers from [Member states of CARICOM], should note that the seafarer maybe liable to pay contribution to the social security system of that country and may request the shipowner to provide measures to enable such payment to be made”. “5.2. Other than the seafarers noted in 5.1 above, the shipowner is not obligated to pay the social security for a seafarer, but this does not prohibit the shipowner from entering into a seafarer employment agreement or any applicable collective bargaining agreement to make such payments.” The Committee requests the Government to indicate the measures adopted to ensure that seafarers ordinarily resident in the Bahamas, who are working on ships operating under the flag of another country outside of the CARICOM Social Security Agreement are provided with social security protection as required under Regulation 4.5 and the Code. The Committee further notes the Government’s reference to Merchant Shipping Act, as amended in 2024 (Reg 2024) giving effect to Regulation 4.5 and Standard A4.5. However, the Committee observes that the Government did not provide this legislative text and such text is not available at the Government’s official site. The Committee requests the Government to supply a copy of the Regulations, as amended.

Regulation 5.1.3 and the Code. Maritime Labour certificate and declaration of maritime labour compliance. In reply to its previous comment, the Committee notes the Government’s reference to section 69 of the Merchant Shipping Act, 2021. The Committee observes that this section is not relevant in the context of implementing Regulation 5.1.3, paragraph 1(b). Furthermore, the Committee notes the Government’s reference to Merchant Shipping (Maritime Labour Convention) Regulation, as amended in 2024 (Reg 2024) indicating that the amended text gives effect to Standard A5.1.3, paragraph 10. However, the Committee was not able to review such text as it was not provided by the Government and is not otherwise available. The Committee further notes that the Bahamas Maritime Authority’s website refers to Marine Notice No. 31, which provides a model of DMLC, part I, that only contains references to implementing legislation, without providing any details on the content of the national requirements. The Committee recalls that Standard A5.1.3, paragraph 10(a) provides that the DMLC, Part I shall not only “identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions” but also provide, “to the extent necessary, concise information on the main content of the national requirements”. The Committee therefore requests the Government to provide a copy ofthe Merchant Shipping (Maritime Labour Convention)Regulation, as amended in 2024 (Reg 2024), and to adopt the necessary measures to fully implement Regulation 5.1.3, paragraph 1(b) and Standard A5.1.3, paragraph 10, and to provide an updated copy of a DMLC, part I.

Additional documents requested. The Committee notes that the Government did not provide a copy of the above-mentioned documents. The Committee requests the Government to provide: (a) a copy of any authorized or registered collective agreement provisions that establish seafarers’ normal working hours or permit exceptions to the established limits (Standard A2.3, paragraphs 3 and 13); (b) a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; (c) a list of all seafarers’ shore-based welfare facilities and services, if any, operating in your country; and (d) a copy in English of a document that describes the onshore-handling procedures (Regulation 5.2.2).