Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Maritime Labour Convention, 2006 (MLC, 2006) - United Republic of Tanzania (Ratification: 2019)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for the United Republic of Tanzania at the same time as the Convention. It also notes that a declaration of acceptance of the 2018 amendments to the Code has not been received and therefore the United Republic of Tanzania is not bound by these amendments. 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.

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 the United Republic of Tanzania 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.

I. Tanzania mainland

Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s reference to the draft Merchant Shipping (Maritime Labour) Regulations, 2021 (hereafter, the draft Regulations) which are yet to be adopted by the Parliament. While acknowledging that this draft represents an important step towards the implementation of the Convention, the Committee notes that some draft provisions need to be revised in order to ensure full conformity with the Convention, as explained in detail below. The Committee also notes the Government’s statement that it has not commenced issuing maritime labour certificates and Declarations of Maritime Labour Compliance (DMLC) as it is in the process of finalizing the formulation of the draft Regulations. Noting that the Convention was ratified in 2019, the Committee hopes that the Government will make concrete progress in the implementation of the Convention in the near future and requests it to provide information in this regard.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. The Committee notes that regulation 2(2)(a) of the draft Regulations provides that its provisions apply to “seafarers except seafarers as may be determined by the Registrar in consultation with the shipowners and seafarers’ organizations”. The Committee further notes that that regulation 3 of the draft Regulations defines a “seafarer” as “any person, including the master 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”. The Committee has not been able to find a concrete definition of what is meant by “whose normal place of work is on the ship”. 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 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 requests the Government to provide information on how it defines “whose normal place of work is on the ship”. While noting the Government’s indication that no case of doubt has arisen as to whether any category of persons is to be regarded as seafarers, the Committeefurther requests the Government to indicate if, in the future, any such determination by the Registrar to not apply the draft Regulations to categories of seafarers is made on the basis of section 2(2)(a) of the draft Regulations.

Article II, paragraphs 1(i), 4, 5 and 7. Definitions and scope of application. Ships. National determination. The Committee notes that regulation 2(2)(c) and (d) of the draft Regulations stipulates that its provisions apply to Tanzanian ships of 500 gross tonnage or over, whether owned by the Government or private sector engaged in commercial activities and international voyages and to non-Tanzanian ships of 500 gross tonnage or over with MLC, 2006 documentation when in a Tanzanian port. The Committee notes that the exclusion of ships under 500 gross tonnage from the scope of application, as currently drafted, is not in conformity with Article II of the Convention. The Committee recalls that the Convention applies to all ships as defined in Article II, paragraph 1(i), other than those excluded under paragraph 4. The Committee accordingly requests the Government to take the necessary steps to amend its draft legislation into conformity with Article II of the Convention to ensure that the protection afforded by the Convention is guaranteed to all seafarers working on board ships, including those under 500 gross tonnage.

Article VI, paragraphs 3 and 4. Substantial equivalence. The Committee notes that, according to regulation 44(6) of the draft Regulations, “[t]he Registrar 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 Registrar considers are substantially equivalent to the requirements in subregulation (1)” regarding the requirement to carry a qualified ship’s cook. The Committee notes that the Government has not referred to the adoption of any substantial equivalence regarding the requirement for ships to carry a qualified ship’s cook in its report. The Committee recalls that Article VI, paragraph 3, of the Convention provides that “a Member which is not in position to implement the rights and principles in the manner set out in Part A of the Code may, unless expressly provided otherwise in this Convention, implement Part A through provisions in its laws and regulations or other measures which are substantially equivalent to the provisions of Part A”. The Committee draws the Government’s attention to the fact that the concept of substantial equivalence is not a matter for administrative discretion but has to be decided by a Member on a horizontal basis – i.e. not on an ad hoc basis – following the requirements of Article VI, paragraphs 3 and 4. 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 provide detailed information with respect to the adoption of substantial equivalence(s), including concrete examples, and to ensure that any use of such possibility will be clearly regulated and follow the procedure of Article VI, paragraphs 3 and 4.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that, under regulation 5(1) of the draft Regulations, a person shall not employ, engage or let a seafarer under the age of 18 to work on board a ship at night, except 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 a recognized training programme requires that the seafarer performs duties at night and the work to be carried out is not being detrimental to the health and well-being of the seafarer. The Committee recalls that Standard A1.1, paragraph 3(b), of the Convention provides for an exception to strict compliance with the night work restriction when “the specific nature of the duty or a recognized training programme requires that the seafarers covered by the exception perform duties at night and the authority determines, after consultation with the shipowners’ and seafarers’ organizations concerned, that the work will not be detrimental to their health or well-being”. The Committee requests the Government to indicate how it ensures that the exceptions authorized by the competent authority under regulation 5(1)(b) above, are made after consultation with the shipowners’ and seafarers’ organizations concerned as required by Standard A1.1, paragraph 3(b).

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work.The Committee notes that regulation 4(1) of the draft Regulations prohibits the employment of a person under the age of 18 to work on board a ship, but allows under regulation 4(2) exceptions if such work is carried out as part of the seafarer’s training or in accordance with the provisions of the Employment and Labour Relations Act. The Committee further observes that section 5(3) of the Employment and Labour Relations Act also prohibits a child under 18 years of age to be employed as crew on a ship, but allows him/she under section 5(5) to work on board a training ship as part of the child’s training if the provisions of training are regulated by law. Furthermore, the Committee observes that the Law of the Child (Child Employment) Regulations adopted in 2012, contains a list of hazardous activities in which a child under 18 years of age shall not be employed, but does not include hazardous types of work in the maritime sector. The Committee recalls that Standard A1.1, paragraph 4, does not allow for any exception to the prohibition of hazardous work for persons under 18 years of age and requires members to determine the types of such work. The Committee accordingly requests the Government, after consultation with the shipowners’ and seafarers’ organizations concerned, to take the necessary measures to ensure full conformity with Standard A1.1, paragraph 4, clearly distinguishing between types of work that are to be prohibited, without exception, and those that can only be undertaken under adequate supervision and instruction.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. The Committee notes that regulation 17(1)(a) and (c) of the Merchant Shipping (Medical Examinations) Regulations, GN.No.244 of 2016 provides that a person who, having been medically examined, is issued with a medical fitness certificate stating that he is not fit to carry out his duties as a seafarer and has had his medical fitness certificate suspended for a period of more than three months or revoked, may apply to the Authority for the matter to be reviewed by a medical referee. The Committee observes that this provision is not fully in conformity with the Convention given that seafarers that have had a suspension of their medical certificate for less than 3 months do not have the possibility to have a further examination by another independent medical practitioner or by an independent medical referee. The Committee recalls that Standard A1.2, paragraph 5, allows – without any restriction – seafarers who have been refused a certificate or have had a limitation imposed on their ability to work to have a further examination by another independent medical practitioner or by an independent medical referee. The Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A1.2, paragraph 5.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee notes that regulation 11(1) of the draft Regulations provides that “[a] person employed as a seafarer on board a ship and a person employing him shall enter into a seafarer employment agreement which complies with the Act and these Regulations and is signed by both parties or by persons acting on their behalf” and that regulation 11(2) further stipulates that “[w]here the seafarer is an employee but is not an employee of the shipowner: (a) the employer of the seafarer shall be a party to the seafarer employment agreement; and (b) the seafarer employment agreement shall include a provision under which the shipowner guarantees to the seafarer the performance of the employer’s obligations”. The Committee recalls that, in accordance with Standard A2.1, paragraph 1(a), the seafarers’ employment agreement is to be signed by or on behalf of the shipowner who is responsible for ensuring compliance with all the requirements of the Convention relating to the working and living conditions of the seafarers and who, by such signature, becomes legally responsible vis-à-vis the seafarer for compliance with all those requirements, whether or not the shipowner is considered to be the employer of the seafarer. The Committee stresses the importance of the basic legal relationship that the MLC, 2006, establishes between the seafarer and the person defined as ‘shipowner’ under Article II. The Committee requests the Government to indicate the measures adopted to ensure that, in all cases, the shipowner is a party the seafarers’ employment agreement as required by the Convention. It further requests the Government to provide an example of the standard form agreement.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee notes that, while regulation 19(5) of the draft Regulations recognizes seafarers’ rights to allot wages, there is no provision ensuring that any charge for the service of allotments shall be reasonable in amount and the rate of currency exchange, unless otherwise provided, shall be, in accordance with national laws or regulations, at the prevailing market rate or the official published rate and not unfavourable to the seafarer (Standard A2.2, paragraph 5). The Committee requests the Government to indicate how effect is given to this requirement of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes that the Government has adopted a system of hours of rest. The Committee observes that the national legislation does not indicate the normal working hours standard for seafarers, nor does it include measures that have been adopted for seafarers under the age of 18. Recalling the principle of eight-hours per day with one day of rest per week and rest on public holidays, the Committee requests the Government to indicate the measures adopted or envisaged to ensure the conformity of its legislation with the requirements provided in Standard A2.3, paragraph 3, and to explain how the guidance provided in Guideline B2.3.1 is given due consideration.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that regulation 72(6)(c) of the Merchant Shipping (Training, Certification and Manning) Regulations, 2016 and regulation 21 of the draft Regulations provide for a minimum of ten hours of rest in any 24-hour period, which may be divided into not more than two periods, one of which shall be at least six hours. The Committee notes however that those same provisions allow for derogations to the requirement set out in Standard A2.3, paragraph 6. The Committee recalls that the limits on hours of work or rest shall not exceed those established under Standard A2.3, paragraph 5, and that any exceptions to paragraphs 5 and 6 of this Standard which do not fall within those covered by paragraph 14 (immediate safety of the ship, persons on board or cargo, or assistance to other ships or persons in distress at sea), including those provided for in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), as amended, must follow the requirements of Standard A2.3, paragraph 13, and be provided by collective agreements. The Committee therefore requests the Government to indicate if any exceptions to the minimum hours of rest for watchkeepers have been permitted up to this date and to indicate the measures taken or envisaged to ensure that any exceptions to the provisions set out in Standard A2.3, paragraphs 5 and 6, other than those justified under paragraph 14 of the same Standard, are only provided through a collective agreement, and not fixed by law, as required by Standard A2.3, paragraph 13.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that regulation 73 of the Merchant Shipping (Training, Certification and Manning) Regulations, 2016 provides that the requirements for rest periods specified in regulation 74(5)(c) need not to be maintained in case of emergency, drill or in other overriding operational conditions. The Committee, however, observes that there does not seem to be any provisions regarding compensatory rest for seafarers once the normal situation has been restored. Recalling that pursuant to Standard A2.3, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarer who has performed work in a scheduled rest period is provided with an adequate period of rest, the Committee requests the Government to indicate the steps taken or envisaged to ensure the application of this requirement of the Convention.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes that section 31(6) and (7) of the Employment and Labour Relations Act, 2003 allows for an employee to work during a period of annual leave and to be paid one month salary instead of leave being taken. The Committee further observes that Regulation 14(2) of the Employment and Labour Relations (General) Regulations, 2017 provides that “[n]otwithstanding an agreement to work for payment in lieu of annual leave in terms of section 31(6) of the Act, an employer shall ensure that no employee is continuously working in any leave cycle without applying for annual leave”. From the above provisions, the Committee observes that it seems that as long as a seafarer applies for some days of annual leave during a cycle, he could have one month of salary instead of the rest of entitled leave being taken. Recalling the fundamental importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requests the Government to indicate the measures taken to give effect to Standard A2.4, paragraph 3 to ensure that any agreements to forgo the minimum annual leave with pay is prohibited, except in specific cases restrictively provided for by the competent authority.

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

Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee notes that regulation 44(2) of the draft Regulations provides that the requirement for a shipowner or a master to not operate a ship unless a qualified ship’s cook is on board shall not apply to “(a) a ship which ordinarily operates with fewer than 10 seafarers on board; or (b) a ship which operates only within 50 nautical miles of a safe haven and which does not operate to or from, or call at, a port in a country other than the United Republic of Tanzania.” The Committee recalls that, in accordance with Standard A3.2, paragraphs 5 and 6, only ships operating with a prescribed manning of less than ten, by virtue of the size of the crew or the trading pattern, or in the cases of exceptional necessity, may not be required by the competent authority to carry a fully qualified cook. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all ships operating with a prescribed manning of more than ten carry a fully qualified cook, as required by the Convention.

Regulation 4.1 and Standard A4.1, paragraph 1(b). Medical care on board and ashore. Protection comparable to workers ashore. The Committee notes that regulations 50 and 51 of the draft Regulations contain some provisions with respect to medical care on board ship and ashore. However, the Committee notes that the Government has not provided any information on the measures that guarantee 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 (Standard A4.1, paragraph 1(b)). The Committee requests the Government to indicate the measures taken or envisaged to give effect to this requirement of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 2. Medical care on board and ashore. Standard medical report form. The Committee notes that the Government refers to the report forms under schedule 1 and 3 of the Merchant Shipping (Medical Examinations) Regulations, GN.No.244 of 2016 with respect to the medical fitness examination, adopted in accordance with requirements of Regulation A1.2.The Committee requests the Government to indicate how effect is given to Standard A4.1, paragraph 2 which provides that the competent authority shall adopt a standard medical report form for use by the ships’ masters and relevant onshore and onboard medical personnel and that the form, when completed, and its contents shall be kept confidential and shall only be used to facilitate the treatment of seafarers.

Regulation 4.1 and Standard A4.1, paragraph 3. Medical care on board and ashore. On-board hospital and medical facilities, equipment and training. The Committee notes that the draft Regulations do not establish requirements for on-board hospitals and medical care facilities. Recalling that pursuant to Standard A4.1, paragraph 3, ratifying Members shall adopt laws and regulations establishing requirements for on-board hospital and medical care facilities and equipment and training on ships that fly its flag, the Committee requests the Government to provide information on how it ensures compliance with Standard A4.1, paragraph 3.

Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Minimum requirements. Medicine chest, medical equipment and medical guide. The Committee notes the Government’s indication that the Indian Ocean Memorandum of Understanding on Port State Control Inspection, to which Tanzania is party, requires the Government to inspect regularly the medicine chests, medical equipment and medical guides. Recalling that pursuant to Standard A4.1, paragraph 4(a), the specifics regarding the medicine chest, the medical equipment and the medical guide required on board shall be prescribed by national laws and regulations, the Committee requests the Government to provide information on how it ensures compliance with Standard A4.1, paragraph 4(a).

Regulation 4.1 and Standard A4.1, paragraph 4(c). Medical care on board and ashore.Minimum Requirements. Seafarer in charge of medical care. The Committee notes that regulation 86(2) of the Merchant Shipping (Training, Certification and Manning) Regulations, 2016 regarding the requirement for designating a seafarer to provide medical care and medical first aid meeting requirements of the STCW on board ships that are not required to carry a medical doctor, does not apply to ships under 50GT. The Committee recalls that Regulation A4.1 applies to all ships that fly the flag of a Member. The Committee requests the Government to indicate the measures taken to apply the requirement of Standard A4.1, paragraph 4(c) with respect to all ships covered by the Convention.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes the Government’s indications on the operation of a system of satellite or radio communication in order to provide medical advice, as available. The Committee requests the Government to provide information on the legislation that establishes this system and the measures taken to provide the services free of charge to all ships irrespective of the flag that they fly in accordance with Standard A4.1, paragraph 4(d).

Regulation 4.2 and Standard A4.2.1, paragraph 1(c). Shipowners’ liability. Minimum Standards. Expenses of medical care and board and lodging away from home.The Committee notes that regulation 50(5) of the draft Regulations provides that the duty of the shipowner to defray board and lodging is limited to expenses incurred during whichever of the following periods is the shorter: (a) a period of 16 weeks beginning on the day on which the sickness or injury first occurs; or (b) a period beginning on the day on which the sickness or injury first occurs and ending on the day on which an approved medical practitioner notifies the seafarer of a decision that: (i) the seafarer is not fit to carry out the duties which that seafarer is required to carry out under the terms of his or her agreement; and (ii) the seafarer is unlikely to be fit to carry out duties of that nature in the future. The Committee observes that this provision appears to allow a limitation of the liability of the shipowner with respect to board and lodging for a period of less than 16 weeks from the day of the injury or the commencement of the sickness (Standard A4.2.1, paragraph 2). The Committee requests the Government to explain whether in the circumstances provided for under regulation 50(5)(b)(i) and (ii), such board and lodging expenses are assumed by a social security scheme. If they are not, the Committee requests the Government to adopt the necessary measures to implementStandard A4.2.1, paragraph 1(c).

Regulation 4.2 and Standard A4.2.1, paragraph 1(d). Shipowners’ liability. Minimum Standards. Burial expenses.The Committee notes that section 160(2) of the Merchant Shipping Act, 2003 provides that, where a person dies while employed in a Tanzanian ship and is buried or cremated outside Tanzania, the expenses of his burial or cremation shall be borne by the persons employing him. The Committee notes that this section is not in compliance with Standard A4.2.1, paragraph 1(d), which provides that shipowners shall be liable to pay the cost of burial expenses in the case of death occurring on board or ashore during the period of engagement. The Committee accordingly requests the Government to indicate the measures taken to ensure full compliance with this requirement of the Convention.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that the Government refers to generally applicable provisions respecting health and safety at the workplace which are set out in the Occupational Health and Safety Act, No. 5 of 2003. The Committee however observes that although these provisions are applicable to all workers and address some matters, they do not appear to cover all the requirements under Regulation 4.3 and Standard A4.3 and consequently do not address all the specificities of work on board ships. The Committee notes that the Government has not provided detailed information on any national laws and regulations and other measures, including the development and promulgation of national guidelines for the management of occupational safety and health, taken to protect seafarers that live, work and train on board ships flying its flag as provided for under Regulation 4.3, paragraphs 2 and 3. The Committee recalls that under Standard A4.3, paragraphs 1 and 2, Members are required to develop concrete measures, such as policies and programmes, and on-board programmes for the prevention of accidents and injuries, as well as requirements for the reporting and investigation of on-board occupational accidents, which detail the respective obligations of shipowners, masters, seafarers and others concerned. The Committee requests the Government to provide information on measures adopted or envisaged to give full effect to these provisions of the Convention. The Committee reminds the Government that it can take into consideration the guidance provided in the ILO Guidelines for implementing the occupational safety and health provisions of the Convention in the national measures adopted in the future to give full effect to Regulation 4.3 and Standard A4.3.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that there is one shore-based seafarer welfare facility operating in Tanzania without providing detailed information in this respect. Recalling the significance of access to shore-based welfare facilities for seafarers’ well-being, the Committee requests the Government to provide updated information regarding the operation of the existing facility.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following social security branches: medical care; sickness benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit and survivors’ benefit. The Committee notes that the provisions of the National Social Security Fund Act, the Employment and Labour Relations Act as well as the Workers Compensation Act apply to all employers and employees in Mainland Tanzania, including foreigners employed in Mainland Tanzania. The Committee however observes that the Act may not cover all seafarers ordinarily resident in its territory given that these provisions do not appear to address the situation with respect to social security protection for seafarers ordinarily resident in Tanzania who may be working on ships flying the flag of another country. The Committee reminds that, under Standard A4.5, paragraph 3, each Member shall take steps according to its national circumstances to provide the social security protection referred to in paragraph 1 of the Standard to all seafarers ordinarily resident in its territory. The Committee requests the Government to indicate whether seafarers ordinarily resident in the Republic of Tanzania working on ships operating under the flag of another country are provided with social security protection, as required under Regulation 4.5 and the Code.

Title 5. Compliance and enforcement. The Committee notes that the working and living conditions prescribed by the MLC, 2006 are not being certified nor inspected as the draft Regulations have not been adopted yet. The Committee therefore requests the Government to ensure that the new maritime Regulations will be adopted in the near future and will give full effect to the requirements of Title 5 of the Convention.Noting also that the DMLC Part I, as currently drafted, does not seem to be fully finalized, the Committee requests the Government to indicate any steps taken to issue a DMLC, Part I in conformity with the requirements of the Convention and to supply a revised copy of it, once approved. It also requests the Government to supply an example or examples of Part II of the DMLC which have been prepared by a shipowner and certified by the competent authority or an RO in conformity with Standard A5.1.3, paragraph 10(b).

II. Zanzibar

Article I. General questions on application. Implementing measures. The Committee notes that the Convention is implemented on the basis of the Maritime Transport Act No. 5 of 2006 and specific Regulations made under this Act. The Committee, however, observes that some requirements of the MLC, 2006, among others the provisions of Title 3 on accommodation, recreational facilities, food and catering, Title 4 on health protection, medical care, welfare and social security protection and Title 5 on compliance and enforcement, have not been given effect to yet in national legislation. The Committee recalls that according to Article I, each Member undertakes to give complete effect to its provisions in order to secure the right of all seafarers to decent employment. The Committee hopes that the Government will make concrete progress in the implementation of the Convention in the near future and requests it to provide information in this regard.

Article III. Fundamental rights and principles. The Committee notes that the fundamental Conventions are not declared applicable to Zanzibar. In accordance with its approach followed when a country has not ratified some or all of the ILO fundamental Conventions and thereby is not subject to supervision in respect of these Conventions, the Committee seeks concrete information on how the country has satisfied itself that its laws and regulations respect, in the context of the MLC, 2006, the fundamental rights referred to in Article III. The Committee therefore requests the Government to provide information on how it has satisfied itself that its laws and regulations, in the context of the MLC, 2006, respect the fundamental rights referred to in Article III.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that section 131 of the Maritime Transport Act No. 5 of 2006 provides that any person under the age of 18 shall not be employed in any Tanzania Zanzibar ship. The Committee, however, observes that regulation 7(2)(a) of the Seafarers Medical Examination Regulations (LN.17) sets a different age requirement given that it states if a person applied for medical examination is less than 18 years of age the medical certificate issued to him or her shall be valid from the date of issue for a period of one year. The Committee draws the attention of the Government to the need to avoid any inconsistencies in the applicable provisions so as to ensure full conformity with the Convention. It recalls that: (i) Standard A.1.1, paragraph 1, prohibits the employment, engagement or work of seafarers under the age of 16 without exception; (ii) Standard A1.1, paragraph 2, prohibits night work of seafarers under 18 years and Standard A1.1, paragraph 3, provides for exceptions to the strict compliance with the night work restriction; and (iii) Standard A1.1, paragraph 4, provides that hazardous work is prohibited for seafarers under 18 years of age, with no exceptions. The types of hazardous work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to harmonize its legislation in order to ensure its full conformity with Standard A1.1.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. The Committee notes that regulation 10(1)(d) of the Seafarer Medical Examination Regulations (LN.17) provides that a person who is aggrieved by the suspension for a period of more than three months or cancellation of that certificate by an approved medical practitioner may apply to the Registrar of Ship for the matter to be reviewed by a single medical referee appointed by the Registrar of Ships. The Committee observes that seafarers that have had a suspension of their medical certificate for less than 3 months do not have the possibility to have a further examination by another independent medical practitioner or by an independent medical referee. The Committee recalls that Standard A1.2, paragraph 5 allows – without any restriction – seafarers who have been refused a certificate or have had a limitation imposed on their ability to work to have a further examination by another independent medical practitioner or by an independent medical referee. The Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A1.2, paragraph 5.

Regulation 1.4 and the Code. Recruitment and placement. The Committee observes that the Government has not provided information as to how seafarers are recruited on ships flying Tanzania Zanzibar’s flag. Therefore, the Committee requests the Government to indicate whether there is an established system for the operation of private seafarer recruitment or placement services in its territory or whether shipowners of ships that fly its flag use seafarer recruitment and placement services based in foreign countries or territories. The Committee also requests the Government to provide detailed information on the provisions implementing the relevant requirements of Regulation 1.4 and the Code.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that regulation 7 of the Maritime Transport (Seaman's record book and Identity Document) Regulations, 2008 provides that when a seafarer is discharged from a Tanzania Zanzibar ship and the master declines to express an opinion on the conduct, character and ability of the seaman, the master shall furnish to the Registrar of Ships before whom the discharge is made a report stating therein that he so declines. The Committee recalls that Standard A2.1, paragraph 3, provides that the document to be given to seafarers, containing a record of their employment on board the ship, shall not contain any statement as to the quality of the seafarer’s work. The Committee requests the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraphs 1(e) and 3.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes that the model seafarers’ employment agreement (hereafter SEA) annexed to the Seafarers Engagement Regulations (LN.24) provided by the Government establishes a minimum notice period for the early termination of a SEA not shorter than seven days. Noting however that a notice period shorter than the minimum is not foreseen in its legal system, the Committee recalls that Standard A2.1, paragraph 6, provides that a notice period shorter than the minimum may be given in circumstances which are recognized under national law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice. In determining those circumstances, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to these requirements of the Convention.

Regulation 2.2 and Standard A2.2, paragraph 2. Wages. Monthly account. The Committee notes that, while regulation 8(2) of the Seafarers Engagements Regulations (LN.24) provides that wages due to seafarers shall be paid a no greater than monthly intervals, regulation 8(3) stipulates that at the termination of the employment contract, seafarers shall be given an account of the payments due and the amounts paid, including wages, overtime and additional payments, as well as the rate of exchange used if payment has been made in a currency or at a rate different from the one agreed to. The Committee recalls that pursuant to Standard A2.2, paragraph 2, 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, paragraph 2.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes the Government’s reference to regulation 12(3) and (4) of the Seafarers Engagement Regulations (LN.24), pursuant to which non-watch keeping seafarers seem to be subject to both the maximum hours of work regime (14 hours in each 24-hour period and 72 hours in each seven-day period) and the minimum hours of rest regime (10 hours in each 24-hour period and 77 hours in each seven-day period) while watchkeeping seafarers are subject to the minimum hours of rest regime. Recalling that Standard A2.3, paragraph 2 should not be interpreted as to giving shipowners or masters the choice of regimes,the Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that the maximum hours of work or minimum hours of rest are fixed in accordance with Standard A2.3, paragraph 2 and are not subject to selective application by shipowners.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that regulation 12(4)(d) of the Seafarers Engagement Regulations (LN.24) provides that the minimum period of 10 hours of rest for watchkeeping seafarers may be reduced to not less than 6 consecutive hours, but any such reduction must not extend beyond 2 days and not less than 70 hours of rest need to be provided in each 7 day period. The Committee recalls that the limits on hours of work or rest shall not exceed those established under Standard A2.3, paragraph 5, and that any exceptions to paragraphs 5 and 6 of this Standard which do not fall within those covered by paragraph 14 (immediate safety of the ship, persons on board or cargo, or assistance to other ships or persons in distress at sea), including those provided for in the STCW, as amended, must follow the requirements of Standard A2.3, paragraph 13 and be provided by no other means than collective agreements. The Committee requests the Government to take the necessary measures to ensure that any exceptions to the provisions set out in Standard A2.3, paragraphs 5 and 6 may only be provided through collective agreements.

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition to forgo paid annual leave. Exceptions. The Committee notes that regulation 14(4) of the Seafarers Engagement Regulations (LN.24) provides that any agreement to forgo the minimum annual leave with pay prescribed in this Regulation or in an Employment Contract, except in cases provided for by the Authority, shall be prohibited, as it is required under Standard A2.4, paragraph 3. The Committee recalls that it considers that the possibility to authorize exceptions to the prohibition of agreements to forgo minimum annual leave needs to be understood in a restrictive manner. In contrast, to read in this Standard a broad authorization to forgo annual leave for cash compensation or otherwise, would defeat the purpose of Regulation 2.4, which is to ensure that seafarers have adequate leave. The Committee requests the Government to indicate whether any authorized exceptions have been granted by the Authority under Standard A2.4, and the ground for such authorizations.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that regulation 5 of the Repatriation and Relief of Seafarers Regulations (LN.22) provides that the duty of a shipowner to repatriate ends when: “[…;] (b) the ship owner has made reasonable arrangements for repatriation which are unsuccessful because of the seafarer’s unreasonable conduct; (d) the seafarer confirms in writing to the ship owner that repatriation is not required; or (e) the seafarer is dead”. The Committee 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 5(b) of the Repatriation and Relief of Seafarers Regulations (LN.22). Observing that regulation 5(b) and (d) of the Repatriation and Relief of Seafarers Regulations (LN.22)is 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(b). Repatriation. Maximum period of service on board. The Committee notes that the provisions of the Seafarers Engagement Regulations (LN.24) and of the Repatriation and Relief of Seafarers Regulations (LN.22) do not provide for the maximum duration of service periods on board following which a seafarer is entitled to repatriation. The Committee observes that the maximum period of service following which a seafarer is entitled to repatriation is provided for under the SEA annexed to the Seafarers Engagement Regulations (LN.24) which specifies that is shall not be more than 12 months. The Committee draws the Government’s attention to the fact that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous period of shipboard service without leave is, in principle, 11 months. The Committee therefore requests the Government to take the necessary measures to ensure conformity with Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers.The Committee notes that the example of a SEA submitted by the Government provides that the company shall have the right to sign off any crewmember without any compensation and/or repatriation expenses if any of the violations listed in the SEA are committed by the seafarer. The Committee recalls that, while the shipowner may recover from the seafarer the cost of the repatriation under the limited circumstances provided for under Standard A2.5.1, paragraph 3 (that is where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective agreements, to be in serious default of the seafarer’s employment obligations), this situation does not release the shipowner from the obligation to pay for the repatriation in the first instance. The Committee further considers that the definition of what is to be considered as a serious misconduct should not be left to the shipowner’s decision. The Committee underlines that the possibility provided by the Convention to recover the cost of the repatriation from the seafarer is conditional on a finding of serious default of the seafarer’s employment obligations, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements. The Committee therefore requests the Government to ensure that shipowners pay for repatriation of seafarers in all cases when seafarers are entitled to this right. The Government is also requested to provide information on the provisions in national laws or regulations or other measures or applicable collective agreements setting out the procedure to be followed and the standard of proof to be applied before a seafarer can be signed off in cases of violations listed in the SEA.

Regulation 2.7 and the Code. Manning levels. The Committee notes that regulation 19 of the Seafarers Engagement Regulations (LN.24) gives effect to the requirements of Standard A2.7, paragraphs 1 and 2. The Committee however observes that regulation 6 of the Safe Manning Regulations (LN.23) states that it shall be the duty of the company in relation to every ship of 500 GT or more to ensure that: (a) a Certificate of Safe Manning is in force in respect of the ship; (b) the Certificate of Safe Manning is kept on board the ship at all times; and (c) the manning of the ship is maintained at all times to at least the levels specified in the Certificate of Safe Manning. Recalling that Standard A2.7 does not provide for exemptions in relation to the gross tonnage, the Committee requests the Government to provide information on procedures developed to determine, approve or revise manning levels for ships of less than 500 gross tonnage, specifying how they take into account the need to avoid or minimize excessive hours of work and limit fatigue.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. The Committee notes that the minimum safe manning requirements established under the Seafarers Engagement Regulations (LN.24) and the Safe Manning Regulations (LN.23) do not refer to the need to take into account the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering when determining manning levels. The Committee requests the Government to indicate how the requirements on manning levels take into account the need to have on board a ship’s cook and catering staff as required by Standard A2.7, paragraph 3.

Regulation 2.8 and the Code. Career and skill development and employment opportunities. Noting that the Government has provided no information on the implementation of this Regulation, the Committee requests the Government to indicate any measures taken to give effect to these provisions of the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that, while section 119 of the Maritime Transport Act No. 5 of 2006 provides for the power to make regulations with respect to crew accommodation in Tanzania Zanzibar ships, there is no specific legislation providing for the requirements of the Convention respecting accommodation and recreational facilities. The Committee recalls that Standard A3.1 calls on Members to adopt laws and regulations in order to ensure that ships flying its flag meet minimum standards for accommodation and recreational facilities and are inspected to ensure initial and ongoing compliance with those standards. The Committee requests the Government to indicate the measures taken or envisaged to give effect to these provisions of the Convention.

Regulation 3.2 and the code. Food and catering. In the absence of information on any detailed standards regarding food and catering which would have been adopted at the national level to give effect to the Convention, the Committee requests the Government to indicate the measures taken or envisaged to give full effect to the requirements of these provisions of the Convention.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that section 121 of the Maritime Transport Act No. 5 of 2006 provides that: (1) where a person, while employed in a Tanzania Zanzibar ship, receives outside Zanzibar any surgical or medical treatment or such dental or optical treatment (including the repair or replacement of any appliance) as cannot be postponed without impairing efficiency; the reasonable expenses thereof shall be borne by the persons employing him; and (2) where a person dies while employed in a Tanzania Zanzibar ship and is buried or cremated outside Zanzibar, the expenses of his burial or cremation shall also be borne by persons employing him. In the absence of more detailed provisions implementing Standard A4.1, the Committee requests the Government to indicate the measures taken or envisaged to give full effect to the requirements of these provisions of the Convention.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that there does seem to be national provisions implementing these requirements of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to these provisions of the Convention.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that the Government’s report contains no information on the implementation of the detailed requirements of Regulation 4.3 and the Code. The Committee therefore requests the Government to provide information the measures taken or envisaged to ensure conformity with these requirements.

Regulation 4.5 and the Code. Social security. The Committee notes that regulation 21 of the Seafarers Engagement Regulations (LN.24) provide that (1) all seafarers of Tanzanian nationality who work onboard any vessels shall be subjected to Social Security Fund Scheme and part of their salary or wages shall be remitted by his employer to Social Security Fund in accordance with the laws relating to such Social Security Fund; and (2) all shipping companies that employ seafarers of Tanzanian nationality shall be subjected to Social Security Fund Scheme, shall contribute from their account and remit to Social Security Fund the equivalent of percentage of salary for each seafarer employed, in accordance with the laws relating to such Social Security Fund. The Committee recalls that pursuant to Standard A4.5, ratifying Members shall take steps to provide social security protection to all seafarers ordinarily resident in its territory. Noting that regulation 21 of the Seafarers Engagement Regulations (LN.24) limits the entitlement to social security benefits to Tanzanian citizens, the Committee requests the Governmentto provide information on how it ensures that seafarers who are not nationals but reside in Tanzania Zanzibar are entitled to social security protection.

Title 5. Compliance and enforcement. The Committee notes that Zanzibar has a ship inspection and certification system in place which is operating on the basis of the Maritime Transport Act No. 5 of 2006. The working and living conditions prescribed by the MLC, 2006 are however not being inspected and certified as the relevant requirements have yet to be integrated in the national legislation. The Committee therefore requests the Government to indicate the measures envisaged or taken to give full effect to the requirements of Title 5 of the Convention.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee observes that the DMLC Part I, communicated by the Government, reproduces the provisions set out in the Convention without referring to the relevant national legislation. The Committee recalls that, in line with Standard A5.1.3, paragraph 10, Part I of the DMLC shall, among others “… (ii) identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements; (iii) refer to ship-type specific requirements under national legislation; (iv) record any substantially equivalent provisions adopted pursuant to paragraph 3 of Article VI; and (v) clearly indicate any exemption granted by the competent authority as provided in Title 3”. The Committee also observes that the DMLC, Part II provided by the Government reproduces the national requirements but does not provide specific information on the measures adopted by the shipowner 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). Noting that the DMLC, Parts I and II, as currently drafted, do not include the elements required by the Convention, the Committee requests the Government to revise their text to ensure full conformity with Standard A5.1.3, paragraph 10.

Regulation 5.1.6 and the Code. Flag State responsibilities. Marine casualties. The Committee notes that section 454 of the Maritime Transport Act No. 5 of 2006 provides that where any of the casualties listed under sub-section 1 occur, the Registrar may cause a preliminary inquiry into the casualty and whether or not such a preliminary inquiry has been held, the Minister may cause a formal investigation. The Committee recalls that, in accordance with Regulation 5.1.6, an official inquiry into any serious casualty “shall be held” in all cases. Noting that according to section 454 of the Maritime Transport Act No. 5 of 2006 official inquiries are optional, the Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

III. Tanzania mainland and Zanzibar

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that the national provisions require shipowners to provide financial security to ensure that seafarers are duly repatriated. The Committee however notes that these provisions do not cover circumstances under which a seafarer shall be deemed to have been abandoned. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee requests the Government to adopt the necessary measures to give effect to Standard A2.5.2. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes that the national provisions do not give effect to the requirements of the 2014 amendments to the Code of the Convention. Recalling that such provisions require the adoption of laws and regulations, the Committee requests the Government to indicate the measures adopted to give effect to Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2.

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