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Maritime Labour Convention, 2006 (MLC, 2006) - Bangladesh (RATIFICATION: 2014)

The Committee notes the observations of Bangladesh Merchant Marine Officers’ Association (BMMOA) and of Bangladesh Seafarers Union, received with the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the Government has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference and is therefore not bound by these amendments. The Committee notes that the amendments to the Code adopted by the International Labour Conference, in 2016 and 2018, entered into force for Bangladesh on 8 January 2019 and 29 December 2020 respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic.The Committee refers to the observations of the International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006 by Bangladesh during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article I of the Convention. General questions on application. 1. Implementing measures. The Committee notes the Government’s indication that Bangladesh’s main legislation relating to maritime issues is the Maritime Merchant Shipping Ordinance, 1983 (amended up to 2004) and that, following the provisions of the MLC, 2006, this legislation is at its final stage of revision. The Government indicates that the Director General of the Department of Shipping issued draft legislation to give effect to the provisions of the relevant IMO and ILO Conventions, signed by Bangladesh through notification 04 of 2021 dated 1 July 2021. The Committee observes that the draft Bangladesh Merchant Shipping Act 2020 (hereinafter BMSA) and the draft Bangladesh Merchant Shipping (MLC Implementation) Regulation 2020 would be the main national provisions implementing the requirements of the MLC, 2006. The Committee further notes that the Bangladesh Seafarers Union indicates that the finalization of the draft legislation is unnecessarily being delayed and prolonged to the detriment of interests of the seafarers’ community. The Committee also notes that BMMOA indicates that the Department of Shipping (DOS) circulars adopted to give effect to the requirements of the MLC, 2006 were unfortunately not implemented by the Shipping Office and other institutions. The Committee notes with interest that the draft legislation represents a significant step forward towards the implementation of the MLC, 2006. Noting however that the draft legislation is yet to be adopted, the Committee requests the Government to adopt the necessary measures without further delay to fully implement the provisions of the Convention in law and in practice and to provide a copy of the amended legislation once adopted. The Committee further requests the Government to provide information in relation to the Bangladesh Seafarers Union and BMMOA observations.

2. Collective agreements. The Committee previously requested the Government to specify whether the two collective agreements to which it refers are in force and to provide details on their scope of application.The Committee notes the Government’s indication that the two collective agreements in force for the Bangladeshi seafarers are: (1) the Bangladesh Merchant Marine Officers’ Association (BMMOA) IBF Collective bargaining agreement 2019–22, jointly signed by representatives of IMEC (International Maritime Employers Council), ITF and BMMOA, which applies to Bangladeshi seafarers working onboard open registry vessels; and (2) a similar tripartite IBF Collective agreement for the ratings whose union is represented by Bangladesh Seamen's Association (BSA). Noting that these documents have not been made available, the Committee requests the Government to provide a copy thereof. The Committee further notes that Bangladesh Seafarers Union indicates that there are 22 collective bargaining agreements covering over 4000 seafarers that the Government has not mentioned in its response to the Committee, nor has it referred to the challenges regarding the social security benefits contributions to be made by employers to benefit seafarers under those agreements. Bangladesh Seafarers Union also adds that the draft legislation under review does not contain any provision in regard to CBAs. The Committee requests the Government to provide information in relation to the observations made by the Bangladesh Seafarers Union.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. Noting that section 2(45) of the Bangladesh Merchant Shipping Ordinance 1983 (hereinafter Merchant Shipping Ordinance) provides that “seaman” means a person employed or engaged for service in any capacity on board any ship, but does not include a master, pilot or apprentice, the Committee requestedthe Government to provide information on any measures adopted to amend the legislation in order to give full effect to the Convention. The Committee notes the Government’s indication that section 4(78) of the draft BMSA provides that seafarer means a person employed or engaged for service in any capacity on board any ship, including master and apprentice. The Committee further notes that Regulation 2 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that “seafarer” means any person, including the master and apprentice of a ship, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on board a ship but does not include a pilot, a port worker or a person temporarily employed on the ship during the period in port. While noting this definition, the Committee however has not been able to find information on the criteria used to determine which are the categories of workers whose normal place of work is not on board a ship and who are therefore not to be considered seafarers for the purpose of the Convention. The Committee considers that, in order to avoid legal uncertainties as to the categories of persons covered by the Convention, clear criteria should be adopted in this regard. The Committee requests the Government to provide information on the adoption of precise criteria to define the categories of persons which are not to be regarded as seafarers under the draft legislation (categories of workers whose normal place of work is not on board a ship), after consultation with the shipowners' and seafarers' organizations concerned, in accordance with Article II, paragraph 3.

Article VI, paragraphs 3 and 4. Substantial equivalence. The Committee notes that, in response to its previous request on this issue, the Government indicates that no substantial equivalences have been adopted. The Committee observes however that regulation 32 of the draft Merchant Shipping (MLC implementation) Regulation 2020 provides for the possibility, in respect of a particular ship, or ships of a particular description, for the Director General to approve arrangements which, when taken together with the conditions to which the approval is subject, are considered substantially equivalent to the accommodation requirements. The Committee observes that there is no indication as to what are the conditions to which the approval is subject. The Committee draws the Government’s attention to the fact that the concept of substantial equivalence is not a matter for administrative discretion but is a matter to be decided by a Member that must first make sure, in accordance with Article VI, paragraphs 3 and 4, of the Convention, that it is not in a position to implement the rights and principles in the manner set out in Part A of the Code of the MLC, 2006. Any substantial equivalences that have been adopted must be stated in Part I of the DMLC that is to be carried on board ships that have been certified. The Committee requests the Government to indicate the measures taken to ensure that any substantial equivalence adopted in the future under regulation 32 of the draft Merchant Shipping (MLC implementation) Regulation 2020 follows the requirements of Article VI, paragraph 4.

The Committee further notes that regulation 37(5) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that “[t]he Director General may approve as respects a particular ship, or as respects ships of a particular description, arrangements which, when taken together with the conditions to which the approval is subject, the Director General considers are substantially equivalent” to the requirement to carry a qualified ship’s cook on board. The Committee, however, observes that the Government has not provided information on the national legal provisions that it regards as an alternative solution to the requirement of Standard A3.2, paragraph 5.The Committee requests the Government to indicate the measures taken to ensure that any substantial equivalence adopted in the future under regulation 37(5) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 follows the requirements of Article VI, paragraph 4.

Article VII. Consultations. The Committee notes that Bangladesh Seafarers Union indicates that, while Article VII provides for consultation with shipowners’ and seafarers’ organizations and that a number of provisions of the Convention specifically require consultations, such as Standard A1.1, paragraphs 3 and 4 (night work and types of work likely to jeopardize the health or safety of seafarers under 18), Standard A1.2, paragraph 2 (nature of the medical examination and certificate), Standard A1.4, paragraphs 2 and 3 (recruitment and placement), Standard A2.1, paragraph 5 (minimum notice periods for the early termination of a seafarers’ employment agreement (hereafter SEA)), and Regulation 4.3, paragraph 2 (national guidelines for the management of occupational safety and health on board ships), there are no provisions in the draft legislation for the purpose of such consultations. The Committee requests the Government to provide information in relation to the Bangladesh Seafarers Union’s observations and to indicate whether consultations have taken place when required by the relevant provisions of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee previously noted that section 98 of the Merchant Shipping Ordinance provides that the minimum age to work on a ship is 15 years and allows for a number of possible exceptions to the above limit. The Committee therefore requested the Government to indicate the measures taken to ensure full compliance with Regulation 1.1. and Standard A1.1. The Committee notes the Government’s indication that regulation 4(1) of the draft Bangladesh Merchant Shipping (MLC Implementation) Regulation 2020 states that “a person under 16 years of age shall not be employed, engaged or work on board a ship”. The Committee also observes that section 111 of the draft BMSA provides that the minimum age to work on board a ship is 16 years. The Committee expects that the draft legislation will be adopted in the very near future and requests the Government to provide a copy of the amended texts once adopted.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s indication that regulation 4(2) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 prohibits night work for seafarers under 18 years of age and regulation 4(3) provides for exceptions to the strict prohibition of night work where (a) the effective training of the seafarer, in accordance with established programmes and schedules, would be impaired by its application; or (b) the specific nature of the duty or of an approved or recognized training programme requires that the seafarer performs duties at night. While noting this information, the Committee requests the Government to indicate how it ensures that any exception to night work is not detrimental to the health or well-being of young workers and whether it has consulted the social partners before authorizing the above-mentioned exceptions, thereby ensuring full conformity with Standard A1.1, paragraph 3(b).

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee previously requested the Government to indicate the measures taken to ensure full compliance with Regulation 1.1. and Standard A1.1, including measures to ensure that no exceptions to the prohibition of hazardous work for young seafarers are allowed. The Committee observes that section 111 of the BMSA provides that no young person under sixteen years of age shall be employed or carried to sea to work in any capacity in any ship, and no seafarers under the age of 18 shall be engaged in night work or hazardous works as may be prescribed. The Committee notes, in this regard, that the draft legislation does not contain the list of hazardous activities. The Committee requests the Government to indicate the measures taken to adopt a list of types of hazardous work taking into account the specific conditions of work on board ships for young seafarers under 18 years of age, after consultation with the seafarers’ and shipowners’ organizations concerned, as required under Standard A1.1, paragraph 4 and, if so, to transmit a copy.

Regulation 1.2 and the Code. Medical certificate. The Committee previously noted that the provisions of the Merchant Shipping Ordinance and of the Bangladesh Merchant Shipping Officers and Ratings Training, Certification, Recruitment, Work Hours and Watchkeeping Rules, 2011 are not fully in conformity with the Convention. The Committee notes the Government’s indication that regulation 5 of the draft Bangladesh Merchant Shipping (MLC Implementation) Regulation 2020 provides that every seafarer employed on board a Bangladesh ship shall be in possession of a valid medical fitness certificate attesting that s/he is medically fit to perform the duties s/he is to carry out and that such medical fitness certificate is to be issued in accordance with DOS executive order No CNS/ILO/2013 and DOS Circular No 916 on medical examination. Noting that these two documents have not been made available, the Committeeaccordingly requests the Government to provide a copy of the provisions implementing Regulation 1.2.

Regulation 1.4 and the Code. Recruitment and placement. The Committee requested the Government to reproduce the relevant parts of the Seaman Recruiting Agent Licence Rules, 2005, in English, as well as to provide detailed information on how the requirements of Standard A1.4,paragraph 5, are complied with.The Committee notes the Government’s indication that theDepartment of Shipping is planning to review the Seaman Recruiting Agent Licence Rules, 2005 and at that time an English version will be prepared. The Committee observes that section116 of the draft BMSA and regulation 8 of the draft Bangladesh Merchant Shipping (MLC Implementation) Regulation 2020 implement most of the requirements of Regulation 1.4 and the Code. The Committee notes, however, that the provisions of the draft legislation do not refer to (i) the prohibition of seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified (Standard A1.4, paragraph 5(a)); (ii) how seafarer recruitment and placement services make sure, as far as practicable that the shipowner has the means to protect seafarers from being stranded in a foreign port (Standard A1.4, paragraph 5(c)(iv); and (iii) how seafarer recruitment and placement services examine and respond to any complaint concerning their activities and advise the competent authority of any unresolved complaint (Standard A1.4, paragraph 5(a)(v)). The Committee requests the Government to adopt the necessary measures to ensure that full effect is given to Regulation 1.4 and the Code, and to provide updated information on the progress made with respect to the review the Seaman Recruiting Agent Licence Rules, 2005 and its English version.

Regulation 2.1 and the Code. Seafarers’ employment agreement. The Committee requested the Government to take the necessary measures to ensure that its legislation implementing Standard A2.1 covers all seafarers working on board ships flying the Bangladeshi flag, regardless of their nationality and the place of engagement. The Committee notes the Government’s indication that regulation 3 of the draft Bangladesh Merchant Shipping (MLC Implementation) Regulation 2020 provides that this legislation applies to all sea-going Bangladesh ships wherever they may be and all foreign flag ships, while in Bangladesh waters, and therefore, all seafarers serving on board ships are covered. The Committee observes that regulations 9 to 13 of the above-mentioned legislation implement the requirements of the Convention with respect to conditions of employment and apply to all seafarers and ships within the definition of the Convention. The Committee, however, notes that section 120(1) of the draft BMSA provides that “[n]o person shall cause or permit any person without a seafarer’s employment agreement to be employed as a seafarer on a ship, except a coasting ship of less than two hundred tons gross so long as such coasting ship is employed on voyages confined to ports or places within Bangladesh”. The Committee recalls that the provisions of Regulation 2.1 apply to all ships covered by the Convention, without limitations of tonnage or trading pattern. The Committee requests the Government: (i) to provide statistical information about the number and categories of ships falling under this category; and (ii) to take 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 of less than 200 gross tonnage engaged in domestic voyages.

Regulation 2.1 and Standard A2.1, paragraphs 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Signed original. Noting that the provisions of the Merchant Shipping Ordinance are not fully in conformity with the requirements of Standard A2.1, paragraphs 1(a) and (c), the Committee requested the Government to indicate the relevant national provisions authorizing the master to act as a representative of the shipowner and to specify how it is ensured that the shipowner and seafarer concerned have each a signed original of the SEA.The Committee observes the Government has drafted new legislation which partially implements the requirements of Standard A2.1. The Committee, however, observes that the articulation is unclear between (i) the general provisions of sections 119(1) and 120(2) of the draft BMSA and regulation 9 of the draft Bangladesh Merchant Shipping (MLC implementation)Regulation 2020 requiring that agreements be signed by both the shipowner or his representative and the seafarer and that they both have a signed original of the agreement; and (ii) the provisions of section 122 of the draft BMSA applicable to Bangladeshi foreign-going ships which do not seem to require the signature of the shipowner nor that the seafarer retains a copy of the agreement. The Committee is unable to identify whether in the case of Bangladeshi foreign-going ships, the agreement referred to in section 122 is additional and coexists besides the individual seafarer employment agreement prescribed by section 120 and regulation 9 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020. The Committee notes that Bangladesh Seafarers Union has shared similar concerns regarding the provisions of the draft BMSA. The Committee accordingly requests the Government to adopt the necessary measures to ensure that all seafarers, including those working on Bangladeshi foreign-going ships, are given a written legally enforceable agreement signed by them and the shipowner or his representative and that the shipowner and seafarer concerned have each a signed original of the SEA (Standard A2.1, paragraph 1(a) and (c)). The Committee further requests the Government to provide an example of a seafarers’ employment agreement.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee previously requested the Government to indicate the measures taken to ensure that the requirement of Standard A2.1, paragraph 1(b) not only applies to foreign-going ships but to all ships covered by the Convention, including those navigating in territorial waters. The Committee notes the Government’s indication that the draft legislation gives effect to this provision of the Convention and applies to all ships. The Committee observes that section 120(2) of the draft BMSAand regulation 10(4) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 give effect to the requirement of Standard A2.1, paragraph 1(b) for all ships. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee previously requested the Government to take the necessary measures to ensure that the record of employment does not contain any statement as to the quality of the seafarer’s work, in conformity with Standard A2.1, paragraph 3.The Committee notes the Government’s indication that regulation 12(6) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that the written record of the seafarer’s work on a ship provided by the shipowner to the seafarer after his/her work on board a ship comes to an end shall not contain provision about the quality of the seafarer’s work nor about the seafarer’s wages. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee previously noted that some of the particulars listed under Standard A2.1, paragraph 4, are not mentioned in the Merchant Shipping Ordinance and requested the Government to indicate how it ensures compliance with Standard A2.1, paragraph 4(a)-(c) and (f)-(i). The Committee notes the Government’s indication that Regulation 10 and schedules 1, parts I-III of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 give effect to the requirement of Standard A2.1, paragraph 4. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreement. Minimum notice period for termination. Noting the Government’s indication that the minimum period of notice for termination of a SEA is 30 days, except for mutual agreement, the Committee requested the Government to specify the applicable legislative provisions giving effect to Standard A2.1, paragraph 5which requires the adoption of laws and regulations establishing the minimum notice periods for early termination of SEAs. The Committee notes the Government’s indication that regulation 11(1) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that the minimum period of notice which shall be given before terminating a seafarer employment agreement is seven days or such longer period as may be specified in the agreement. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee previously requested the Government to indicate the measures taken to ensure that no penalty is imposed on seafarers who terminate the SEA on shorter notice or without notice for compassionate or other urgent reasons. The Committee notes the Government’s indication that regulation 11(3) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that the earlier termination of a seafarer employment agreement is possible without penalty where this is requested by the seafarer on compassionate grounds or where the seafarer is dismissed for reasons of gross misconduct. The Committee expects that the draft legislation will be adopted without further delay.

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. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: a) do laws or regulations provide that a seafarer’s 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?; b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, 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 in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraph 1. Wages. Regular payment. In its previous request, the Committee requested the Government to indicate how effect is given to the requirements that payments due to seafarers be made at no greater than monthly intervals and in accordance with any applicable collective agreement (Standard A2.2, paragraph 1) and that seafarers be given a monthly account of the payments due and the amounts paid (Standard A2.2, paragraph 2). The Committee observes that section135 of the draft BMSA and Regulation 16 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 give effect to the requirementof Standard A2.2, paragraphs 1 and 2. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.2 and Standard A2.2, Paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes that section 135 of the draft BMSA provides that the Director-General may, with the approval of the Government, make regulations providing for arrangements for seafarers to transmit all or part of their wages to nominated beneficiaries. The Committee observes that regulations 16 and 17 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 which deal with seafarers’ wages are however silent as to the right for seafarers to transmit their earnings to their families or dependants or legal beneficiaries. The Committee requests the Government to indicate how effect is given to this requirement of the Convention, in accordance with Standard A2.2, paragraphs 3, 4 and 5.

Regulation 2.2 and the Code. Wages. Deductions. The Committee previously noted that it was not clear from the provisions of section 142(1) of the Merchant Shipping Ordinance what may be deducted from seafarers’ wages. The Committee therefore requested the Government to indicate how it has given due consideration to Guideline B2.2.2, paragraph 4(h) which provides that national laws and regulations adopted after consulting the relevant seafarers’ and shipowners’ organizations or, as appropriate, collective agreements, should take into account that deductions from remuneration should be permitted only if: (i) there is an express provision in national laws or regulations or in applicable collective agreements and the seafarer has been informed of the conditions for such deductions; and (ii) the deductions do not in total exceed the limit that may have been established by national laws or regulations or collective agreements or court decisions for making such deductions. The Committee notes the Government’s indication that it will give due consideration to Guideline B2.2.2, paragraph 4(h) after consulting the relevant seafarers’ and shipowners’ organizations, as appropriate. The Committee further observes that section 165 of the draft BMSA sets the circumstances under which fines can be withheld from wages, which is in case of any act of misconduct, defined in section 159 of the same Act.The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee previously requested the Government to specify whether the national provisions regulating the minimum hours of rest for seafarers also apply to the master, chief engineer, chief mate and second engineer and requested the Government to provide copies of the applicable collective agreements which have been authorized or registered that permit exceptions to the established limits to working time. The Committee notes the Government’s indication that the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020, including the provisions on hours of rest apply to all seafarers. The Committee further observes that Regulation 14(3) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that the Director-General may authorize collective agreements allowing exceptions to the hours of work prescribed by Standard A2.3, paragraphs 5 and 6. The Committee, once again, requests the Government to provide a copy of the applicable collective agreements.

Regulation 2.4 and the Code. Entitlement to leave. The Committee requested the Government to provide information on the laws and regulations determining the minimum standards for annual leave and the right of seafarers to shore leave(Regulation 2.4 and Standard A2.4, paragraph 1), as well as on any legislative provisions or collective agreements establishing the method of calculation of annual leave (Standard A2.4, paragraph 2). The Committee further requested the Government to specify whether any agreement to forgo the minimum annual leave is prohibited under legislation in force (Standard A2.4, paragraph 3). The Committee notes the Government’s indication that Regulation 14(8) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 gives effect to the requirement of Standard A2.4 on entitlement to leave and Regulation 14(9) implements the requirement of Regulation 2.4, paragraph 2 to grant seafarers shore leave. The Committee further observes that the prohibition to forgo the minimum annual leave is implemented by Regulation 14(8)(a)(ii) which provides that leave to which a seafarer is entitled under this regulation may not be replaced by payment in lieu, except where the seafarer’s employment is terminated. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.5 and Standard A2.5.1. Repatriation. Scope of application. Noting that the provisions of the Merchant Shipping Ordinance which regulate repatriation appear to only apply to situations related to foreign-going ships or situations occurring “at a port or place outside Bangladesh”, the Committee requested the Government to indicate the measures taken to ensure full conformity with Regulation 2.5 to ensure that its national provisions apply to all seafarers working on board ships flying the flag of Bangladesh, regardless of their nationality. The Committee notes the Government’s indication that Regulation 19 to 27 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 prescribe the circumstances and the conditions under which all seafarers have a right to be repatriated and that Regulation 28 addresses special requirements for foreign flag ships. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a) and (b). Repatriation. Circumstances. Maximum duration of service on board. The Committee previously requested the Government to provide detailed information on the circumstances for repatriation and the maximum period of service on board after which the seafarer is entitled to repatriation(Standard A2.5.1, paragraph 2(a) and (b)). The Committee notes the Government’s indication that regulation 19 of the draft Bangladesh Merchant (MLC implementation) Regulation 2020 prescribes the circumstances under which seafarers can be repatriated and also provides in Schedule 1 that the maximum period on board following which a seafarer is entitled to repatriation shall not exceed a period of 12 months less the number of days of statutory paid leave to which the seafarer is entitled. The Committee expects that the draft legislation will be adopted without further delay.

The Committee further notes that regulation 21 of the draft Bangladesh Merchant (MLC implementation) Regulation 2020 provides that the duty to repatriate ends when: (b) the shipowner makes reasonable arrangements for repatriation which are unsuccessful because of the seafarer’s unreasonable conduct; (d) the seafarer confirms in writing to the shipowner that repatriation is not required; or (e) the seafarer is dead. The Committee recalls that the Convention does not provide that the right to repatriation ends when the circumstances provided under Standard A2.5.1, paragraph 1 are met. 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 21(b) of the draft Bangladesh Merchant (MLC implementation) Regulation 2020. Observing that regulation 21(b) and (d) of the draft Bangladesh Merchant (MLC implementation) Regulation 2020 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. Concerning the repatriation of the bodies or ashes of deceased seafarers, the Committee requests the Government to indicate how it has given due consideration to Guideline B4.1.4, paragraph 1 (k).

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee previously requested the Government to indicate how it has given due consideration toGuideline B2.5.1, paragraphs 6 and 7. The Committee notes that the Government refers to regulation 20 of the draft Merchant Shipping (MLC implementation) Regulation 2020 which gives consideration to Guideline B2.5.1, paragraphs 6 and 7 given that (i) a seafarer is entitled to repatriation to the destination provided for in the seafarer employment agreement, or such other place as may subsequently be agreed with the shipowner; and (ii) if the seafarer employment agreement does not identify a destination, and there has been no agreement between the seafarer and the shipowner as to the destination, the seafarer is entitled to repatriation to the seafarer’s choice of the following destinations: (a) the place at which the seafarer entered into the seafarer’s employment agreement; or (b) the seafarer’s country of residence. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. Noting that section 136(2) of the Merchant Shipping Ordinance is not in conformity with Standard A2.5.1, paragraph 3 as it provides for the possibility that, when the master or owner fails to pay the expenses related to repatriation without reasonable cause, the seafarer defrays such expenses and subsequently recovers them, the Committee requestedthe Government to indicate the measures taken or envisaged to bring its legislation into full conformity with the Convention. The Committee notes the Government’s indication that regulation 23 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides for the prohibition for shipowners to recover repatriation costs from seafarers except where the agreement is terminated because of the seafarer’s serious misconduct. The Committee further observes that misconduct is defined in section 159 of the draft BMSA and covers circumstances endangering ships and persons which are of serious nature. The Committee notes that sections 326, 327 and 328 of the draft BMSA detail proceedings to be followed. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. While recalling that Bangladesh is not bound by the 2014 amendments, the Committee notes the Government’s indication that DOS issued a circular on 3 March 2019 on liability insurance for seafarer abandonment, death and long-term disability and all the shipping companies are following this circular. The Committee observes that this circular provides that all Bangladesh ships that are required to be certified or have opted for voluntary certification under MLC, 2006 must carry on board certificates or other documentary evidence of financial security to show compliance with Standard A2.5.2 regarding shipowner liabilities in cases of abandonment and Standard A4.2.1 regarding the treatment of contractual claims relating to death and long-term disability. The Committee takes note of this information.

Regulation 2.7 and Standard A2.7, paragraphs 1 and 3. Manning levels.The Committee notes that pursuant to regulation 4 of the draft Merchant Shipping (Safe Manning) Regulations, 2020, a safe manning Document does not need to be issued for a vessel of less than 200GT unless such a vessel requests it. The Committee also observes that regulation 7 on the manning scale provides that all Bangladesh ships are required to carry a minimum safe manning certificate. Recalling that Regulation 2.7 applies to all ships that fly the flag of a Member, the Committee accordingly requests the Government to provide information on measures adopted to ensure that ships of less than 200 gross tonnage are sufficiently, safely and efficiently manned as required by the Convention and to clarify the relationship between the minimum safe manning document and the minimum safe manning certificate.

TheCommittee, previously noted that section 82(6), (7) of the Merchant Shipping Ordinance provides that the Government may exempt any ship or class of ships from any requirement of any Order of the Director-General of the DOS on minimum safety manning and requested the Government to indicate the measures taken in order to ensure full conformity with Standard A2.7. The Committee observes that regulation 11 of the draft Merchant Shipping (Safe Manning) Regulations, 2020 provides that “[t]he Director General may grant exemptions, not inconsistent with the Convention, on such terms as he may specify, from all or any provision of these regulations on a case by case basis”. Recalling thatStandard A2.7 of the Convention does not contemplate exemptions, the Committee requests the Government to adopt the necessary measures to ensure that full effect is given to Regulation 2.7 and the Code.

Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. Noting that there is no specific legislation providing for the requirements of the Convention respecting accommodation and recreational facilities, the Committee previously requested the Government to provide detailed information on the legislation adopted to give effect to the requirements of Standard A3.1. The Committee notes that sections 29 to 33 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 prescribe the accommodation requirements for Bangladesh ships and schedule 3 prescribes detailed requirements for ships that have had their keel laid after the date when the MLC, 2006 came into force for Bangladesh. The Committee however observes that while regulation 16(2) provides that seafarers’ recreational facilities, amenities and services shall be provided on board for the benefit of all seafarers, taking into account provisions on health and safety protection and accident prevention, there is no similar requirement with respect to accommodation facilities. The Committee further notes that while paragraphs 2.3 and 2.4 of schedule 3 aim to minimize noise, Standard A3.1, paragraph 6(h), is broader in scope as it refers to the obligation to prevent the risk of exposure to hazardous levels of noise and vibration and other ambient factors and chemicals. The Committee requests the Government to provide information on how it ensures that the requirements of Standard A3.1, paragraph 2 with respect to health and safety protection and accident prevention as well as Standard A3.1, paragraph 6(h), concerning noise and vibration are implemented and to specify the provisions adopted to this effect.

Regulation 3.1 and Standard A3.1, paragraph 3. Accommodation and recreational facilities. Flag State inspections. The Committee notes that there is no indication in the draft legislation, in relation to Standard A3.1, paragraph 3, whether inspections required under Regulation 5.1.4 (inspections and enforcement) are carried out when a ship is registered or re-registered and/or when seafarer accommodation is substantially altered. The Committee requests the Government to indicate the measures taken or envisaged to ensure compliance with Standard A3.1, paragraph 3 of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. Noting that section 188(4) of the Merchant Shipping Ordinance provides that “the Government may exempt any ship or class of ships from the requirements of any rules made under this section either absolutely or subject to such conditions as it may consider fit”, the Committee invited the Government to indicate whether exemptions were adopted and whether the grounds invoked were in conformity with paragraph 21 whichallows exemptions only where they are expressly permitted in the Standard and only for particular circumstances in which such exemptions can be clearly justified. The Committee notes the Government’s indication that section 31 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 and paragraphs 2.9 and 2.10 of schedule 3 of that same Regulation allow for exemptions where permitted under Standard A3.1 which shall be granted in writing by the Director General. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.1 and the Code. Medical care on board and ashore. While noting that regulations 43 to 47 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 partially implement the requirements of Regulation 4.1 and the Code, the Government does not provide any information on laws and regulations requiring that: (i) ships carry a medicine chest, medical equipment and a medical guide subject to regular intervals, to ensure that they are properly maintained (Standard A4.1, paragraph 4(a)); (ii) ships who do not carry on board a medical doctor have a seafarer on board competent to provide medical assistance (Standard A4.1, paragraph 4(c)); and (iii) ships carry appropriate equipment and maintain up-to-date contact information for radio or satellite communication to obtain onshore medical advice while on a voyage (Standard A4.1, paragraph 4(d)). The Committee requests the Government to provide information on the national provisions adopted to ensure conformity with these requirements of the Convention.

Regulation 4.1, paragraph 3 and Standard A4.1, paragraph 1(c). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. The Committee previously requested the Government to provide information on the applicable national provisions implementingRegulation 4.1, paragraph 3, and Standard A4.1, paragraph 1(c).The Committee notes the Government’s indication that regulation 45 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that “[w]hen a ship is in a port of call, the shipowner shall permit a seafarer to go ashore for medical attention of a kind which is not available on board the ship, where this is reasonably practicable.” The Committee further observes that regulation 46(b) on requirements for foreign ships provides that a seafarer shall be permitted to visit a qualified medical doctor or dentist without delay in ports of call, where practicable.” While noting that regulation 45 does not specifically refer to the possibility for a seafarer to visit a dentist in the case of Bangladesh ships, regulation 43(4) provides that the shipowner shall meet the expenses of dental treatment. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.1 and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. The Committee requested the Government to indicate how it ensures thatthe protection of medical care on board ship and ashore shall, in principle, be provided at no cost for seafarers.The Committee notes the Government’s indication that regulation 43(3)(b) and (4) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that the shipowner shall cover the expenses of surgical, medical, dental or optical treatment, as well as expenses for board and lodging. The Committee further observes that section 141(1) of the draft Bangladesh Merchant Shipping Act 2020 also provides that “[s]eafarers shall be covered by adequate measures for the protection of their health and shall have access to prompt and adequate medical care while working on board a ship at no cost to the seafarer”. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Minimum requirements. Medical doctor on board. The Committee previously requested the Government to clarify whether a“medical officer” is a qualified doctor for the purpose of Standard A4.1, paragraph 4(b).The Committee notes the Government’s indication that regulation 47 ofthe draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides a definition of who shall be considered a medical practitioner. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.2 and the Code. Shipowners’ liability. Observing that the provisions of the Merchant Shipping Ordinance are not in conformity with the Convention, the Committee requested the Government to indicate whether the payment of compensation is subject to an agreement between the shipowner and the seafarer and to provide clarifications on the cases in which deduction from seafarers’ wages in account of medical expenses is allowed.The Committee notes the Government’s indication that regulations 49 and 50 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 prescribe the liability of the shipowner with respect to the financial consequences of sickness, injury or death occurring while seafarers are serving under a SEA or arising from their employment under such agreement. The Committee observes that the provisions of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 do not reproduce the provisions that were not in conformity with the Convention. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.2 and Standard A4.2.1, paragraphs 2 and 4. Shipowners’ liability. Limits. The Committee previously requested the Government to provide information on the national provisions, if any, that give effect toStandard A4.2.1, paragraphs 2 and 4, limitingin particular the liability of the shipowner to pay wages in whole or in part in respect of a seafarer no longer on board under certain circumstances. The Committee notes the Government’s indication that regulation 43(6)(a) and (b) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 limits the liability of the shipowner to defray the expense of medical care and board and lodging to a period of 16 weeks beginning on the day on which the sickness or injury first occurs or until the day on which a person authorized to issue seafarer medical certificates notifies the seafarer of a decision that he/she is not fit to carry out the duties which that seafarer is required to carry out under the terms of that seafarer’s seafarer employment agreement, and the seafarer is unlikely to be fit to carry out duties of that nature in the future. The Committee further observes that regulation 50(5) of the same Regulation limits the liability of the shipowner to pay wages in whole or in part on the expiry of the period of 16 weeks commencing on the day following the date of the injury or the first day of the sickness. The Committee expects that the draft legislation will be adopted without further delay.

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 recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. While recalling that Bangladesh is not bound by the 2014 amendments, the Committee takes note of the circular issued by DOS on 3 March 2019 on liability insurance for seafarer abandonment, death and long term disability, which partially implement Standard A4.5.1, paragraphs 8 to 14, and to Standard A4.2.2. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Observing that the Government provides limited information on the implementation of this Regulation, the Committee requested the Government to provide detailed information on any national laws and regulations and other measures adopted and on their regular review in consultation with representatives of the shipowners’ and seafarers’ organizations, in accordance with Regulation 4.3, paragraph 3, and Standard A4.3, paragraphs 1–3.The Committee notes the Government’s indication that sections 143 to 147 of the draft BMSA prescribe health and safety protection and accident prevention measures. The Committee however observes that these provisions only partially give effect to the requirements of Regulation 4.3 and the Code. The Committee notes that while section 155 of the BMSA provides that, where the Director General becomes aware of any occupational accident, injury or disease arising from service on board any ship, he may appoint a surveyor to investigate the cause and circumstances of the occupational accident, injury or disease, there does not seem to be reference to the reporting and recording of occupational accidents and diseases, nor to statistics of such accidents and diseases which are to be kept and analysed. The Committee requests the Government to provide detailed information on: (i) the development, after consultation with representative shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health to protect seafarers that live, work and train on board ships flying its flag, and to provide a copy of them when available (Regulation 4.3, paragraph 2); (ii) the development of on-board programmes for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraph 1(c)); (iii) the reporting, investigation and statistics on occupational accidents, injuries and diseases (Standard A4.3, paragraphs 5 and 6); and (iv) the obligation to require the shipowners to conduct risk evaluation for occupational safety and health on board ship (Standard A4.3, paragraph 8).

Regulation 4.5 and the Code. Social security. Noting that, at the time of ratification, the Government has specified medical care; sickness benefit; and employment injury benefit; as the branches of social security for which protection is provided, the Committee previously requested the Government to provide detailed information on the measures that give effect to the requirements contained in Regulation 4.5 and Standard A4.5. The Committees notes the Government’s indication that regulation 53 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 prescribes seafarers’ social security protection and welfare-related measures. The Committee observes that these provisions partially give effect to the requirements of Regulation 4.5 and the Code. The Committee notes that Regulation 53(2) provides that all Bangladeshi seafarers and their dependents, who are ordinarily resident in Bangladesh shall enjoy the protection of the nine branches of social security protection, which shall be progressively extended overtime, according to the schedule defined under schedule 1. The Committee however observes that there is no information as to whether the contributory funds referred to have yet been established, nor to the benefits provided under those three branches. The Committee further observes that, while regulation 53(7) provides that all seafarers, who are not resident in Bangladesh, serving in Bangladeshi ship, shall make separate registration, there is not much information as to what social security coverage they shall have, nor as to how the contributory scheme shall function. In light of the above, the Committee requests the Government (i) to provide details on the social security benefits enjoyed by seafarers in the three branches specified up to this date, both in law and in practice (Standard A4.5, paragraph 2); and (ii) to specify the contributory system fornon-resident seafarers working on ships flying its flag who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6).

Regulation 5.1.2 and Standard A5.1.2, paragraphs 1 and 2. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee previously requested the Government to provide an example or examples of authorizations given to recognized organizations as required underRegulation 5.1.2, paragraph 2.While noting the Government’s indication that it has provided an example of authorization given to recognized organizations, along with its report, this document however does not seem to have been made available to the Committee. The Committee also observes that there is no indication as to whether the regulations referred to in section 17 of the Bangladesh Merchant Shipping Act 2020 for the purposes of authorizing any organization for the survey, inspection or audit of Bangladesh ships and the issue of any certificate under this Act, have been adopted. The Committee therefore requests the Government (i) to indicate whether such regulations have been adopted; and (ii) to provide, once again an example or examples of authorizations given to recognized organizations as required under Regulation 5.1.2, paragraph 2.

Regulation 5.1.3 and Standard A5.1.3, paragraph 7. Flag State responsibilities. Interim maritime labour certificate. The Committee previously requested the Government to indicate how it ensures compliance with Standard A5.1.3, paragraph 7 providing that the interim certificate is issued following verification of certain requirements. The Committee notes the Government’s indication that regulation 54(5)(b) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 gives effect to the requirement of Standard A5.1.3, paragraph 7. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee previously requested to provide a copy of the DMLC, Part I, drawn up by the competent authority, as well as an example of a DMLC, Part II, drawn up by the shipowner indicating the areas listed under Appendix A5-I of the Convention which are subject to inspection prior to certification and issue of the maritime labour certificate. While noting the Government’s indication that copies of the DMLC, Parts I and II are attached to its report, the Committee however observes that the forms provided are blank. Recalling the fundamental importance of this documents for the implementation of the Convention, the Committee requests, once again, the Government to provide: (i) a copy of the DMLC, Part I, which has been issued by the competent authority in conformity with the Convention; and (ii) one or more examples of an approved DMLC, Part II, that has 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), of the Convention.

Regulation 5.1.3 and Standard A5.1.3, paragraph 11. Flag State responsibilities. Declaration of Maritime Labour Compliance. Record of subsequent inspections. The Committee notes that, in response to its previous request on this issue, the Government refers to regulation 54(8)(c) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 which gives effect to Standard A5.1.3, paragraph 11 of the Convention. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 5.1.4 and Standard A5.1.4, paragraph 4. Flag State responsibilities. Inspection and enforcement. Intervals of inspection. The Committee notes that regulation 54(2)(a)(ii) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that ships are subject to surveys within five years of the first issue of a Maritime Labour Certificate, and thereafter at intervals which must be no more than five years, a renewal survey by a certifying authority, as set out in MLC implementation Circular of DOS. The Committee further observes that regulation 54(2)(c) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that a ship which does not fall within the category of ships required to carry a maritime labour certificate as well as a declaration of maritime labour compliance is subject to a survey by a certifying authority as set out by DOS, without however specifying the scope of inspection as well as whether this inspection takes place at intervals not exceeding three years. In light of the above, the Committee requests the Government to indicate how it ensures that such inspections are conducted at least every three years as required by Standard A5.1.4, paragraph 4 in respect of ships which are not required to carry a maritime labour certificate as well as a declaration of maritime labour compliance.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Inspection and enforcement. Qualification, status and conditions of service of inspectors. The Committee previously requested the Government to indicate the specific provisions that give effect to the requirements ofStandard A5.1.4, paragraphs 3, 6, 11(a)and17 that inspectors shall have the status and independence necessary to enable them to carry out the verification of the application of the Convention. The Committee notes the Government’s indication that section 437 of the draft BMSA prescribes the conditions for appointing enforcement officers according to criteria of qualification and experience. The Committee expects that the draft legislation will be adoptedwithout further delay.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Inspection and enforcement. Confidentiality of sources of grievances or complaints. The Committee previously requested the Government to provide detailed information on how effect is given tothe requirements of Standard A5.1.4, paragraphs 5, 10 and 11(b). The Committee notes the Government’s indication that regulations 54(10), 55(4)(e), 55(5) and 55(7) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 give effect to these provisions of the Convention. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. Noting that section 70(3) of the Maritime Conventions Implementation Circular 2017 only partially implements the requirement of Standard A5.1.4, paragraph 12 for inspectors to submit a report to the competent authority, but also to submit a copy to the master of the ship and to post another on the ship’s notice board for the information of the seafarers, and upon request, to send a copy to their representatives, the Committee requested the Government to provide information regarding the measures taken to give effect to this provision of the Convention. The Committee notes the Government’s indication that regulation 54(8)(c)(2) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 gives effect to the requirement of Standard A5.1.4, paragraph 12. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. The Committee previously requested the Government to provide detailed information on the applicable provisions allowing flag State inspectors to detain ships in the cases set forth by Standard A5.1.4, paragraph 7(c).The Committee notes that regulation 56 of the draft Merchant Shipping (MLC implementation) Regulation 2020 provides that the authorized surveyor may serve a detention notice requiring that the ship shall not proceed to sea where the conditions on board are clearly hazardous to the safety, health or security of seafarers or the non-conformity constitutes a serious or repeated breach of the requirements (inclusive of seafarers’ rights) of this Regulation or of the Convention. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. Noting that many of the requirements of Regulation 5.1.5 and the Code are not reflected in national legislation, the Committee requested the Government to take the necessary measures to ensure that, in its laws and regulations, appropriate on-board complaint procedures are in place to meet the requirements of Regulation 5.1.5 and the Code.The Committee notes the Government’s indication thatregulation 54(10) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 introduces detailed provisions which give effect to the various requirements of Regulation 5.1.5 and the Code. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. Noting that according to national legislation it is not always compulsory to hold an investigation into serious marine casualties leading to injury or loss of life, the Committee requested the Government to take the necessary measures to ensure that an official inquiry is held into any serious marine casualty leading to injury or loss of life.The Committee notes that the Government refers to sections 323 et seq. of the Merchant Shipping Act 2020 as implementing the requirement of Regulation 5.1.6 of the Convention. The Committee observes that section 323 which defines the circumstances under which a marine casualty is deemed to occur does not refer to injury. The Committee further notes that, under section 324(1) of the Merchant Shipping Act 2020, on receipt of information that a marine casualty has occurred, the Director General may appoint a committee of at least two qualified and independent persons to hold a preliminary safety investigation immediately after the incidence to inquire into the causes and reason for the occurrence and the persons so appointed shall have all the powers of an inspector under this Act. The Committee also observes that section 324(2) provides that notwithstanding sub-section (1), the Government may appoint any qualified person to hold a safety investigation respecting any shipping casualty. Section 325 provides the Government may direct an officer to make an application to a Marine Court for investigation into such casualty if there was a deliberate act or omission, with the intention to cause harm to the safety of a ship, an individual or the environment or the Government has a valid reason to believe that such investigation is necessary. While noting those provisions, the Committee however observes that in all cases the holding of an investigation is optional. It recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty leading not only to loss of life but also to injury that involves a ship that flies its flag. The Committee requests the Government to indicate the measures taken to ensure full conformity with this requirement of the Convention.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee previously requested the Government to indicate how it ensures compliance with the requirements of Regulation 5.2.2and the Code, which require that seafarers on ships calling at the Member’s port who allege a breach of the requirements of the MLC, 2006 (including seafarers’ rights) have the right to report a complaint to the competent port authorities. The Committee notes the Government’s indication that regulation 54(10)(d) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that a seafarer may lodge with the DOS or the Shipping Master or the Welfare Director a complaint alleging a breach of the requirements of the Maritime Labour Convention, and the receiver of the complaint must treat the source of any such complaint as confidential. The Committee expects that the draft legislation will be adopted without further delay.

[The Government is asked to reply in full to the present comments in 2025.]