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Maritime Labour Convention, 2006 (MLC, 2006) - Barbados (RATIFICATION: 2013)

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 Barbados 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.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government has previously ratified three maritime labour Conventions, which have been denounced as a consequence of the entry into force of the MLC, 2006, for Barbados. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Barbados on 18 January 2017 and 8 January 2019 respectively. The Committee notes the efforts undertaken by the Government to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article I of the Convention. General obligations. Implementing measures. The Committee notes that the Government has not adopted new laws or regulations to give effect to the provisions of the Convention after its ratification. The Government refers to a number of information bulletins which are however not legally binding. The Committee recalls that according to Article I, each Member which ratifies the MLC, 2006, undertakes to give complete effect to its provisions to secure the right of all seafarers to decent employment. The Committee hopes that the Government will make concrete progress in adopting laws and regulations in the near future to ensure compliance with the Convention.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. The Committee notes that the Barbados Shipping Act of 1994, Chapter 296 states in section 2 (Definitions), point (pp) that “seafarer” includes a master, officer and any other category of crew; and in point (qq) that “seaman” means every person employed or engaged in any capacity on board a vessel, except: (i) the master; (ii) a person not belonging to the ship’s crew, who has the conduct of the vessel as a pilot; (iii) a person temporarily employed in the ship while in port; and (iv) an apprentice, unless otherwise expressly provided for in subsection (2). The Committee recalls that Article II(f) defines seafarer as “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”, without any distinction with regard to the role of these persons on board. Noting that, the Barbados Shipping Act distinguishes between seafarer and seaman and excludes the master from the definition of the latter, the Committee requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all seafarers within the meaning of the Convention, including the master.

Article II, paragraphs 1(i), 4, 5 and 7. Definitions and scope of application. Ships. National determination. The Committee notes that Barbados Maritime Ship Registry (BMSR) Information Bulletin No. 203 (Implementation of the Maritime Labour Convention 2006) states that “MLC 2006 applies to all seafarers and all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, except as specified below. BMSR has determined that the following will not be considered ships for the purpose of application of the requirements of MLC 2006: (i) Offshore units whose primary service is drilling operations for the exploration, exploitation or production of resources beneath the seabed and are not ordinarily engaged in navigation or international voyages; (ii) Yachts of less than 24 metres in length; (iii) Yachts in non-commercial use of any size.” The Committee recalls that yachts of less than 24 metres in length, ordinarily engaged in commercial activities, fall within the scope of application of the Convention. Indeed, the Convention applies to all ships as defined in paragraph 1(i) of Article II, other than those expressly excluded under paragraph 4. The Committee further recalls that Article II, paragraph 6 provides additional flexibility with respect to the application of “certain details of the Code” to ships of less than 200 gross tonnage that do not voyage internationally. The Committee underlines, however, that Article II, paragraph 6, does not provide for the exclusion of a category of ships from the protection offered by the Convention. The Committee therefore requests the Government to indicate the measures taken to ensure that the Convention applies to all commercial yachts, including those of less than 24 metres.

Article III. Fundamental rights and principles. The Committee notes that, in relation to the elimination of discrimination in respect of employment and occupation, the Government indicates that while the Employment Rights Act of 2012 contains protection against discrimination relating to termination of employment (unfair dismissal), there is no legislation eliminating discrimination during the recruitment and selection process. A draft bill is being prepared to address this issue. The Committee requests the Government to provide information on any developments in this regard indicating how it has satisfied itself that its laws and regulations respect, in the context of the Convention, the fundamental right to the elimination of discrimination in respect of employment and occupation.

Article VII. Consultations. The Committee notes that there is no seafarers’ association to date in Barbados. The Committee recalls that under Article VII, any derogation, exemption or other flexible application for which the Convention requires consultations may, where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided through consultation with the Special Tripartite Committee established in accordance with Article XIII of the Convention. Until a seafarers’ organization is established in the country, the Committee requests the Government to have recourse to the consultative arrangement provided for in Article VII.

Apprentices. As noted above, the Barbados Shipping Act of 1994 Chapter 296 states in section 2 (Definitions), point (qq) that “seaman” means every person employed or engaged in any capacity on board a vessel, except … (iv) an apprentice, unless otherwise expressly provided for in subsection (2); subsection (2) states that “For the purposes of this Act, a reference to seamen includes apprentices in sections 99 to 102; 104 to 110; 112 to 126; 128 to 134; 136; 142; 144 to 152; 154; 156 to 158; 161; 167 to 174; 176 to 181; 183 to 192. The Committee recalls that, in accordance with Article II, paragraph 1(f), the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that apprentices are to be regarded as seafarers for the purpose of the Convention. The Committee therefore requests the Government to adopt the necessary measures to ensure that apprentices are regarded as seafarers and that they enjoy the protection provided for by the Convention. 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 apprentices where needed, in accordance with the Convention.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that pursuant to section 103(1) of the Barbados Shipping Act of 1994 Chapter 296, no person shall employ an individual under the age of 16 years to work on board any Barbadian ship unless: (a) he is employed upon work approved by the Registrar on board a school ship or training ship; or (b) the Registrar certifies that he is satisfied, having due regard to the health and physical condition of the individual and to the prospective and immediate benefit to him of the employment, that the employment will be beneficial to him. The Committee recalls that Regulation 1.1 and Standard A1.1, paragraph 1, of the MLC, 2006 prohibit, without exception, the employment, engagement or work on board a ship covered by the Convention of any person under the age of 16 years. The Committee requests the Government to adopt the necessary measures to ensure full conformity with this provision of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, pursuant to section 103(4) of the Barbados Shipping Act of 1994 Chapter 296, no individual under the age of 18 years may be employed to work in the engine room of any vessel unless he is an apprentice working under supervision. Also, pursuant to section 8(1) of the Barbados Employment (Miscellaneous Provisions) Act Chapter 346, “… no young person shall be employed in … any work that by its nature or the circumstances under which it is done is likely to cause injury to his health, safety or morals”. The Committee notes, however, that the Government has not determined the types of work likely to jeopardize the health or safety of seafarers under the age of 18 years. 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. Noting that the Committee has been referring to the need to adopt the list of hazardous work since 2004 in the context of the implementation of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to take the necessary measures to ensure full compliance with this requirement of the Convention.

Regulation 1.2 and the Code. Medical certificate. The Committee observes that while the Barbados Shipping Act of 1994, Chapter 296 prohibits the employment of persons under the age of 18 years without a medical certificate, the law does not contain a similar requirement for seafarers above that age. The Committee therefore requests the Government to indicate the measures taken to fully comply with Regulation 1.2, paragraph 2, according to which seafarers shall not work on a ship unless they are certified as medically fit to perform their duties.

The Committee notes the Government’s indication that medical certificates issued in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended, are to be accepted as meeting the requirements of the MLC, 2006. The Government indicates that STCW is listed in section 312 of the Barbados Shipping Act of 1994, Chapter 296 and, thus, it has the force of national law. The Committee notes that, as stated in MLC, 2006, Standard A1.2, paragraph 3, a medical certificate issued in accordance with the requirements of STCW shall be accepted by the competent authority, for the purpose of Regulation 1.2. Also, a medical certificate meeting the substance of those requirements, in the case of seafarers not covered by STCW, shall similarly be accepted. However, while noting the Government’s indication that, to date, there are no active seafarers and that medical certificates are not issued in Barbados, the Committee is obliged to draw the Government’s attention to the need to adopt laws and regulations which would ensure substantial equivalence with respect to the specific requirements set by Regulation 1.2 and the Code of MLC, 2006. The Barbados Shipping Act of 1994, Chapter 296 does not include any provisions in relation to: the requirements concerning the nature of the medical examination and the right of appeal (Standard A1.2, paragraphs 2 and 5 of MLC 2006); the requirements concerning persons who can issue medical certificates and any certificate solely concerning eyesight (Standard A1.2, paragraph 4); the periods of validity for medical and colour vision certificates (Standard A1.2, paragraphs 7 and 8), except for section 103(3) which refers only to young persons.

The Committee also notes that the provisions of the Merchant Shipping (Medical Examination) Regulations, 1983, 1985 and 1990, listed in the Barbados Shipping Act of 1994, Chapter 296 are not substantially equivalent to MLC, 2006, Regulation 1.2 and the Code. They apply to ships of over 1,600 GRT, whereas MLC, 2006, allows only for the exclusion of vessels of less than 200 GRT (Article II(6) of MLC, 2006); also, they require an examination every five years for seafarers under 40 years of age whereas the Convention requires such examination to be made every two years for all seafarers. While noting the information included in the model Form 139 – MLC – DMLC Part I as well as the BMSR Information Bulletins No. 228 (Update to Bulletin No. 203 Annex 2), and Information Bulletin No. 206 (MLC 2006 Seafarers Recruitment and Placement Agents), the Committee requests the Government to adopt specific legislation which would ensure substantial equivalence with Regulation 1.2 and the Code of MLC, 2006. Finally, the Committee requests the Government to provide an example of standard wording in medical certificates.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes the information provided by the Government in relation to crew agreements. The Committee notes however that the provisions included in sections 99–103 and 105 of the Barbados Shipping Act of 1994, Chapter 296 and the information and guidelines included in section 4 of the Barbados Ship-Master’s Guide are not in line with the provisions of MLC, 2006 regulating Seafarers’ Employment Agreements (SEA). The Committee notes that the crew agreements are additional to and separate from the SEA provided in the Convention. While noting BMSR Information Bulletin No. 203 Annex 5 (Model Format for Seafarer Employment Agreement), BMSR Information Bulletin No. 206 (MLC 2006 Seafarers Recruitment and Placement Agents) as well as model Form 139 – MLC – DMLC Part I section 4, the Committee requests the Government to adopt specific legislation to give effect to the specific requirements set by Regulation 2.1 and the Code of MLC, 2006. The Committee also requests the Government to provide: (a) an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); and (b) the relevant portion of any applicable collective bargaining agreement (Standard A2.1, paragraph 2(b)).

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment. Monthly accounts. The Committee notes that pursuant to section 107 of the Barbados Shipping Act of 1994, Chapter 296, “the master or owner of a foreign-going Barbadian ship shall pay to each seaman belonging to that ship the wages of the seaman, if demanded, within 2 days after the arrival of the ship at the port where the crew is to be discharged, or upon the seaman’s discharge, whichever happens first.” Also, pursuant to section 108 of the Barbados Shipping Act of 1994, Chapter 296 “The master of a Barbadian ship shall, before paying off or discharging a seaman, deliver at the time and in the manner provided by this Act, a full and true account of the seaman’s wages and of all deductions to be made therefrom for any reasons whatever. The account shall be delivered to the seaman not less than 24 hours before his payment or discharge.” The Committee notes, however, that pursuant to Standard A2.2, paragraph 1 of the Convention, seafarers must be paid at no greater than monthly intervals and in full for their work in accordance with their employment agreements and any applicable collective agreement. It also notes that pursuant to Standard A2.2, paragraph 2, of the Convention, seafarers are entitled to an account each month indicating their monthly wage and any authorized deductions. The Committee accordingly requests the Government to indicate how it gives effect to Standard A2.2, paragraphs 1 and 2 of the Convention.

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes the absence of information on the currency exchange rate applicable to allotments. The Committee requests the Government to provide information with respect to any requirements it has adopted to ensure that the currency exchange rate is at the prevailing market rate or the official published rate and not unfavourable to the seafarers as required by Standard A2.2, paragraph 5.

Regulation 2.2 and the Code. Wages. The Committee notes that the Barbados Shipping Act of 1994, Chapter 296 does not give effect to the detailed requirements of Regulation 2.2 and Standard A2.2. While noting the information included in the model Form 139 – MLC – DMLC Part I, the Committee requests the Government to adopt the necessary measures to ensure the conformity of its legislation with these provisions of the Convention.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that the requirements in Barbados implementing Regulation 2.3 are based on minimum hours of rest as per section A-VIII/1 of the STCW78/95 Code as well as Shipping (Safe Manning, Watchkeeping and Hours of Work) Regulations 2001 (Statutory Instrument No. 44), which are both applicable to Barbados. The Committee notes, however, that sections 7 and 8 of the Shipping (Safe Manning, Watchkeeping and Hours of Work) Regulations 2001 do not regulate specific hours of rest for all seafarers. Instead, according to section 9 of the Shipping (Safe Manning, Watchkeeping and Hours of Work) Regulations 2001, the “rest” provisions apply only to watchkeeping officers and not to all seafarers as required by Regulation 2.3 paragraphs 1 and 2. Therefore, the Committee requests the Government to indicate how it gives full effect to these provisions of the Convention.

The Committee also notes that Standard A2.3, paragraph 3, provides that each Member acknowledges that the normal working hours’ standard for seafarers, like that for other workers, shall be based on an eight-hour day with one day of rest per week and rest on public holidays. In the absence of information, the Committee requests the Government to indicate how it gives effect to Standard A2.3, paragraph 3.

The Committee notes that section 9 of the Shipping (Safe Manning, Watchkeeping and Hours of Work) Regulations 2001 regulates a schedule for duties and hours of work/rest only in relation to watchkeeping officers and not to all seafarers as required by Standard A2.3, paragraphs 10, 11 and 12 of the Convention. The Committee accordingly requests the Government to indicate how it gives full effect to Standard A2.3, paragraphs 10, 11 and 12 of the Convention.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes that section 127 of the Barbados Shipping Act of 1994 Chapter 296 is not in conformity with the Convection. Indeed, pursuant to section 127(1) “Every person is entitled after 12 months of continuous service on a Barbadian ship for the same employer, or pro rata if the period served is less than 12 months, to an annual vacation-holiday with pay, the duration of which must be (a) in the case of master and officers, not less than 18 working days; and (b) in the case of other members of the crew, not less than 12 working days.” Pursuant to section 127(4) “In addition to the entitlement under subsection (1), every member of the crew of a Barbadian ship is entitled to 11 days annual leave in lieu of public holidays, and where the length of continuous service is less than 12 months, then the annual paid leave must be pro rated.” The Committee recalls that pursuant to Standard A2.4, paragraph 2, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. It further recalls that according to Guideline B2.4, paragraph 4, public and customary holidays recognized as such in the flag State whether or not they fall during the annual leave with pay should not be counted as part of annual leave with pay. While noting the information included in the model Form 139 – MLC – DMLC Part I, the Committee requests the Government to indicate the measures adopted to put its legislation in conformity with the requirements of Standard A2.4 paragraph, 2, giving due consideration to Guideline B2.4, paragraph 4 . The Committee also notes that there are no provisions in the Barbados Shipping Act of 1994 Chapter 296 which would provide, in conformity with Regulation 2.4, paragraph 2, that seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirement of their positions. The Committee therefore requests the Government to indicate how it ensures compliance with this requirement of the Convention. Finally, the Committee recalls that Standard A2.4, paragraph 3, provides that any agreement to forgo minimum annual leave with pay shall be prohibited, except in cases provided for by the competent authority. Noting the absence of information in this regard, the Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 2.5 and the Code. Repatriation. The Committee notes the provisions of the Barbados Shipping Act of 1994 Chapter 296 in relation to Relief and Repatriation, which however are not in conformity with Regulation 2.5 and the Code. The Committee notes that sections 167–192 of the Barbados Shipping Act of 1994 refer only to seamen, excluding “the master, the officers and any other category of the crew” as per the definitions of section 2 of the Act. The Committee notes that the provisions of Regulation 2.5 and the Code apply to all seafarers without distinction. The Committee also notes that pursuant to section 168(3), the master or owner may be reimbursed any expenses incurred out of any wages owing to the seaman at the time the seaman left the ship. Pursuant to section 172(5), the master of a ship is entitled to retain out of the wages any sum shown in a retention account that appear to a Registrar or consular officer to be owing or payable to the master of the ship. However, pursuant to Standard A2.5.1, paragraph 3 “Each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations”. Also, pursuant to Standard A2.5.1 paragraph 5(c) “the expenses of repatriation shall in no case be a charge upon the seafarers, except as provided for in paragraph 3 of this Standard”. The Committee also notes that there is no provision in the Barbados Shipping Act of 1994 Chapter 296 regulating (1) the maximum duration of service periods on board following which a seafarer is entitled to repatriation (Standard A2.5.1 paragraph 2(b)); (2) the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners (Standard A2.5.1 paragraph 2(c)); and (3) the obligation of the Government to require that ships that fly its flag carry and make available to seafarers a copy of the applicable national provisions regarding repatriation written in an appropriate language (Standard A2.5.1 paragraph 9). While noting the information included in the model Form 139 – MLC – DMLC Part I, the Committee requests the Government to indicate the laws and regulations adopted to give effect to the requirements of Regulation 2.5 and the Code.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. 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 brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. Recalling that each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering, the Committee requests the Government to indicate the measures which give effect to Regulation 2.6 and Standard A2.6, paragraph 1 of the Convention.

Regulation 2.7 and the Code. Manning levels. The Committee notes the provisions of national legislation in relation to certification and manning as well as the information included in BMSR Information Bulletin No. 214 (Guidelines for Minimum Safe Manning), Information Bulletin No. 229 (Manning Levels for Commercial Yachts) and the model Form 139 – MLC – DMLC Part I section 7. The Committee however notes that the Government has not provided information regarding the obligation to take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue by seafarers when determining the manning levels of ships, in accordance with Regulation 2.7 and paragraphs 1 and 2 of Standard A2.7. The Committee requests the Government to indicate how effect is given to this requirement of the Convention. The Committee also requests the Government to provide information on how complaints or disputes about determinations on the safe manning levels on a ship are investigated and settled (see guidance in Guideline B2.7). The Committee notes Information Bulletin No. 128 according to which all ships to which MLC, 2006, applies are required to carry a ship’s cook (Standard A2.7, paragraph 3). It notes, however, that the Government does not provide information on how, when determining manning levels, the competent authority takes into account the requirements set out in Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to indicate how effect is given to this requirement of the Convention. Finally, the Committee requests the Government to provide 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.

Regulation 3.1 and Standard A3.1, paragraph 7. Accommodation and recreational facilities. Ventilation and heating. The Committee notes that the provisions of section 14 of the Merchant Shipping (Crew Accommodation) Regulations 1997 do not appear to be in conformity with Standard A3.1, paragraphs 7(b) and (c) of the Convention. Pursuant to section 14, “in all foreign going ships of 1000 tons or over except those regularly employed in latitudes north of latitude 50° North or south of latitude 45° South; and in all ships of under 1000 tons regularly engaged on voyages solely within the area of the Tropics or the Gulfs area; the ventilation system provided for every enclosed space in the crew accommodation except a cold store room or a galley shall be an air conditioning system which shall be designed ...”. However, Standard A3.1, paragraph 7(b) stipulates that “ships, except those regularly engaged in trade where temperate climatic conditions do not require this, shall be equipped with air conditioning for seafarer accommodation, for any separate radio room and for any centralized machinery control room”, without making any reference to the tonnage of the ship. Also, pursuant to section 26 (21) of the Merchant Shipping Regulations of 1997 “Every water closet shall be provided with exhaust ventilation direct to the open air or to another water closet which is itself ventilated directly to the open air.”, whereas Standard A3.1, paragraph 7(c) stipulates that “all sanitary spaces shall have ventilation to the open air, independently of any other part of the accommodation”. The Committee therefore requests the Government to indicate the measures which give effect to Standard A3.1, paragraphs 7(b) and (c) of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. The Committee notes that the provisions of section 19 of the Merchant Shipping (Crew Accommodation) Regulations 1997 do not apply the minimum requirements for sleeping rooms as provided under Standard A3.1, paragraph 9((a)–(o)) of the Convention. The Committee therefore requests the Government to indicate the measures which give effect to Standard A3.1, paragraph 9 of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 15. Accommodation and recreational facilities. Ship’s offices. The Committee notes that pursuant to section 25(1) of the Merchant Shipping (Crew Accommodation) Regulations 1997 “in every ship of 3,000 tons or over two appropriately furnished rooms shall be provided solely for use as offices”. The Committee notes, however, that pursuant to Standard A3.1, paragraph 15 “all ships shall be provided with separate offices or a common ship’s office for use by deck and engine departments; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners’ and seafarers’ organizations concerned”. The Committee therefore requests the Government to indicate how its legislation implements this requirement of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 19. Accommodation and recreational facilities. Variations. Religious and social practices. The Committee notes that there is no reference in the Merchant Shipping (Crew Accommodation) Regulations 1997 to any variations taking into account the interest of seafarers having differing and distinctive religious and social practices as per Standard A3.1, paragraph 19 of the Convention. Therefore, the Committee requests the Government to indicate the measures which give effect to this requirement of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 2(a). Food and catering. Religious and cultural practices. The Committee notes that, pursuant to Regulation 3.2 and Standard A3.2, paragraph 2(a), each Member shall ensure that ships fly its flag carry on board shall serve food and drinking water which adequately covers the requirements of the ship and takes into account the differing cultural and religious backgrounds. Noting the absence of information, the Committee requests the Government to indicate the measures which give effect to Regulation 3.2 and Standard A3.2, paragraph 2(a) of the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee notes that pursuant to section 140 of the Barbados Shipping Act of 1994, Chapter 296, “every foreign-going Barbadian ship of 1000 gross register tons or more must be provided with, and carry, a duly certificated ship’s cook. Where in the opinion of the Registrar there is an inadequate supply of certificated ship’s cooks, he may exempt a particular ship from the requirements of this section.” The Committee notes, however, that pursuant to Standard A3.2, paragraph 5, an exemption to the requirement of the dispensation of a fully qualified cook is justified only in case of ships with a prescribed manning of less than ten or in the cases of exceptional necessity provided under Standard A3.2, paragraph 6. Therefore, while noting BMSR Information Bulletin No. 198, the Committee requests the Government to indicate the measures which give effect to Standard A3.2, paragraphs 5 and 6 of 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 that the Government provides no information in relation to Regulation 4.1 and Standard A4.1, paragraph 1(b), according to which, every Member shall ensure 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 accordingly requests the Government to indicate the measures which give effect to Regulation 4.1 and Standard A4.1, paragraph 1(b).

Regulation 4.1 and Standard A4.1, paragraph 1(c). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. While noting the information included in model Form 139 – MLC – DMLC Part I section 12 and the model form of SEA listed as Annex 5 in BMSR Information Bulletin No. 203 (Implementation of the Maritime Labour Convention 2006), the Committee requests the Government to adopt the necessary measures to ensure that its legislation gives effect to Regulation 4.1 and Standard A4.1, paragraph 1(c) 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. While noting the information included in Form 139 – MLC – DMLC Part I and the SEA model annexed in BMSR Information Bulletin No. 203 (Implementation of the Maritime Labour Convention 2006), the Committee requests the Government to adopt the necessary measures in the near future to ensure the conformity of its legislation with Regulation 4.1 and Standard A4.1, paragraph 4(c) of the Convention.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that the Barbados Shipping Act of 1994, Chapter 296 does not give effect to the detailed requirements of Regulation 4.1 and the Code of MLC, 2006. While noting the information included in the model Form 139 – MLC – DMLC Part I, the Committee requests the Government to adopt the necessary measures in the near future to ensure the conformity of its legislation with these provisions of the Convention.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that the Barbados Shipping Act of 1994, Chapter 296 does not give effect to the requirements of Regulation 4.2 and the Code of MLC, 2006. While noting the information included in the model Form 139 – MLC – DMLC Part I section 16 (Financial Security relating to Shipowners’ Liability) the Committee requests the Government to adopt the necessary measures in the near future to ensure the conformity of its legislation with these provisions of the Convention.

Regulation 4.2, Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. 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 meets certain minimum requirements. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. While noting the information included in the model Form 139 – MLC – DMLC Part I section 16 (Financial Security relating to Shipowners’ Liability) and in Barbados Ship Master’s Guide section 6 (Safety Officials and Committee), the Committee requests the Government to indicate the measures taken to ensure that its legislation is in conformity with Regulation 4.3 and the Code of the Convention. The Committee further notes that the Government has provided no information on the adoption of national guidelines for the management of occupational safety and health on board ships that fly its flag required under Regulation 4.3, paragraph 2. The Committee accordingly requests the Government to indicate whether these guidelines have been adopted and, if so, if consultations with the representative shipowners’ and seafarers’ organizations have taken place. The Committee also requests the Government to provide information on how it implements Standard A4.3, paragraphs 1(c), 2(b) and 8 (on-board programmes, obligations of shipowners, seafarers and others in relation to occupational safety and health, risk evaluation), and to provide an example of a document (e.g. DMLC Part II) outlining a ship owner’s practices or on-board programmes for preventing occupational accidents, injuries and diseases.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes that the Government has not provided information in relation to the implementation of Regulation 4.4 of the Convention. The Committee requests the Government to indicate the measures taken to implement Regulation 4.4 of the Convention.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security as being provided to seafarers ordinarily resident in Barbados: sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit and survivors’ benefit. The Committee notes the Government’s indication that there are currently no seafarers resident in Barbados. The Committee requests the Government to provide information on any changes in this situation. The Committee recalls that, although the primary obligation concerning social security rests with the Member in which the seafarer is ordinarily resident, under Standard A4.5, paragraph 6, Members have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers working on board ships flying its flag in the absence of adequate coverage in the applicable branches of social security. The Committee requests the Government to provide information on any steps taken to give effect to Standard A4.5, paragraph 6.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that the model Form 139 – MLC – DMLC Part I, available on the BMSR website, contains concise information in line with the relevant provisions of the MLC, 2006, on the list of 16 matters to be inspected. The form does not contain, however, the necessary reference to the national legal provisions. Moreover, in many instances, the form contains information that departs from the substantive content of the national legislation. The Committee recalls that the DMLC, Part I, must identify the national requirements, as contained in the legislation. The Committee therefore requests the Government to review the DMLC, Part I in order to ensure that it identifies the national requirements embodying the relevant national legal provisions and includes the information on the main content of those requirements. In addition, the Committee observes that the DMLC, Part II, provided by the Government is a blank form and is not an example of an approved DMLC, Part II in accordance with Standard A5.1.3, paragraph 10(b). The Committee accordingly requests the Government to provide one or more examples of an approved DMLC, Part II.

Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. The Committee notes that BMSR Form 67 (Documents to be carried on board) does not include the Maritime Labour Certificate and the Declaration of maritime Labour Compliance Part I and Part II in the list of the required documentation. Recalling that these documents shall be carried on the ship and a copy posted in a conspicuous place on board, as stipulated in Standard A5.1.3, paragraph 12, the Committee requests the Government to indicate how it ensures compliance with this requirements of the Convention.

Regulation 5.1.3 and Standard A5.1.3, paragraph 5. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Interim Maritime Labour Certificate. The Committee notes that the Government does not refer to the cases in which an interim maritime labour certificate can be issued. The Committee requests the Government to indicate how it ensures compliance with this requirement of the Convention.

Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Qualification, status and conditions of service of inspectors. The Committee notes that the Government provides no information in relation to the training, qualifications, status and independence of inspectors of changes of government and of improper external influences. The Committee therefore requests the Government to indicate how it gives effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17 of the Convention.

Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Procedures for receiving and investigating complaints, and ensuring that their source is kept confidential. The Committee notes that the Government provides no information in relation to the procedures for receiving and investigating complaints as a flag State. The Committee requests the Government to indicate how it gives effect to Standard A5.1.4, paragraphs 5, 10 and 11(b).

Regulation 5.1.4 and Standard A5.1.4, paragraph 16. Flag State responsibilities. Inspection and enforcement. Compensation in case of wrongful exercise of the inspectors’ powers. The Committee notes that the Government provides no information with regard to the legal provisions or principles under which compensation must be paid for any loss or damage derived from the wrongful exercise of the inspectors’ powers. The Committee therefore requests the Government to indicate how it gives effect to Standard A5.1.4, paragraph 16. The Committee also requests the Government to provide a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5).

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee notes the Government’s reference to sections 135 and 144 of the Barbados Shipping Act of 1994 Chapter 296 on on-board complaint procedures. It observes, however, that the established procedure is limited to alleged breaches of relevant national legislation and does not cover breaches of any of the requirements of the Convention, including seafarers’ rights. While noting BMSR Information Bulletin No. 219 (MLC On-Board Complaints Procedure), the Committee requests the Government to indicate how it ensures that the on-board procedures may be used by seafarers to lodge complaints related to any matter that is alleged to constitute a breach of the requirements of the Convention, including seafarers’ rights. It also requests the Government to indicate how it gives effect to Regulation 5.1.5, paragraph 2 (prohibition of victimization), and to Standard A5.1.5, paragraph 4 (arrangements to ensure that seafarers are provided with a copy of the on-board complaint procedures).

Regulation 5.1.6 and the Code. Marine casualties. The Committee notes that section 293 of the Barbados Shipping Act Chapter 296 provides that: “Where any of the following casualties occur, that is to say: (a) the loss or presumed loss, stranding, grounding, abandonment of, or damage to a ship; (b) a loss of life caused by fire on board, or by any accident to, a ship or ship’s boat, or by any accident occurring on board a ship or ship’s boat; or (c) any damage caused by a ship; and, at the time it occurs, the ship was a Barbadian ship or the ship or ship’s boat was in Barbadian waters, the Minister may cause a preliminary inquiry into the casualty to be held by a person appointed for the purpose by the Minister.” The Committee recalls that, in accordance with Regulation 5.1.6, an official inquiry into any serious casualty “shall be held” in all cases and that the final report of the inquiry shall normally be made public. Noting that according to the existing legislation official inquiries are optional for the Minister, the Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes that according to the Caribbean Memorandum of Understanding on Port State Control (CMOU) Annual Report 2017, Barbados carried out 50 inspections in 2017. The Committee notes, however, that nor the Merchant Shipping Act of 1994 nor the other national measures provided by the Government seem to give effect to the detailed requirements of Regulation 5.2.1. The Committee accordingly requests the Government to indicate the measures taken to give effect to these requirements of the Convention. The Committee also requests the Government to provide a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes that whether the Barbados Merchant Shipping Act of 1994, Chapter 296, nor the other national measures in force provided by the Government seem to give effect to the detailed requirements of Regulation 5.2.2 and Standard A5.2.2. Therefore, the Committee requests the Government to indicate the measures taken to ensure the conformity with these requirements of the Convention.