Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Myanmar (Ratificación : 2016)

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 previously ratified two Conventions on maritime labour which have been denounced following the entry into force of the MLC, 2006 for Myanmar. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and in 2016 entered into force for Myanmar on 8 August 2017 and 8 January 2019, respectively. The Committee takes note of 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. General questions on application. Implementing measures. 1. Draft Maritime Labour Act. The Committee notes the Government’s indication that a draft Maritime Labour Act is in preparation to give effect to the provisions of the Convention. In this respect, the Committee reminds the Government that it may avail itself of the technical assistance of the Office and requests it to provide a copy of all relevant new legislation or other regulatory instruments implementing the Convention once they are adopted. 2. Collective agreements. The Committee notes that the Government refers to a collective bargaining agreement, between the Myanmar Seamen’s Federation (MSF) and the Myanmar Seafarer Employment Services Federation (MSESF) representing recruitment and placement services in Myanmar and shipping companies engaging seafarers in Myanmar, applicable to Myanmar seafarers registered with the Seamen Division of the Department of Marine Administration (DMA). The Committee notes that the collective agreement expired on April 2019. The Committee requests the Government to provide information on any relevant collective agreement in force applicable to seafarers working on board ships flying the flag of Myanmar.

Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. Masters. The Committee notes that section 2 of the Merchant Shipping Act excludes from the definition of “seaman” masters, pilots and apprentices duly indentured and registered. 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. It also recalls that, while pilots can be excluded from this definition, masters are to be regarded as seafarers and should be covered by the Convention. The Committee requests the Government to indicate the measures taken to amend the legislation in order to give full effect to this provision of the Convention.

Cadets. The Committee notes that section 2 of the Merchant Shipping Act also excludes apprentices from the definition of “seaman”. Recalling the definition of seafarers mentioned above, 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 cadets are to be regarded as seafarers for the purpose of the Convention. The Committee therefore requests the Government to indicate the measures taken to ensure that cadets 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, of the Convention, governments, in consultation with social partners, could agree on substantial equivalent measures applicable to cadets where needed, in accordance with the Convention.

Article III. Fundamental rights and principles. The Committee notes that Myanmar has not ratified the Equal Remuneration Convention, 1951 (No. 100) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). 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 fundamental Conventions, the Committee would have expected to receive 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, more specifically in relation to the principles contained in the Equal Remuneration Convention, 1951 (No. 100) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Regulation 1.1 and the Code. Minimum age. Night work. Hazardous work. The Committee notes that section 37-B of the Merchant Shipping Act prohibits, with some exceptions, the employment of young persons under 16 years of age to carry out work on board. The Committee further notes that under the Merchant Shipping Act, the employment of seafarers under 18 years of age appears not to be expressly prohibited where the work is to be performed at night or is likely to jeopardize their health or safety. The Committee, however, also notes that the Government intends to raise the minimum age to work on board ships to 18 years and that Seafarers’ Identity and Record Book are only issued to persons not younger than 18 years. The Committee requests the Government to provide information on any developments in this regard. In the meantime, the Committee recalls that Standard A1.1, paragraph 1, provides that the minimum age for employment, engagement or work on board a ship is 16 years and that no exceptions are permitted in this respect. It also recalls that night work of seafarers under 18 years shall be prohibited (Standard A1.1, paragraph 2), with some possible exceptions (Standard A1.1, paragraph 3) and 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 (Standard A1.1, paragraph 4). The Committee hopes that, in the process of adopting the Maritime Labour Act, the Government will address such issues. The Committee requests the Government to indicate the measures taken to give full effect to Standard A1.1. The Committee requests the Government to indicate how the term “night” is defined by national legislation for the purpose of Standard A1.1, paragraph 2.

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. The Committee notes the Government’s indication that the training courses provided under Marine Circular 1/2014 are in line with the Manila Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW). The Committee also notes that Notification 1/2014 implements the STCW and lays down Guidance of Maritime Education, Training and Examination for Deck Officer, Marine Engineer Officer, and Electro-Technical Officer Certificate of Competency. In the absence of specific information, the Committee requests the Government to indicate how it is ensured that all seafarers covered by the Convention successfully complete training for personal safety on board ship, as required by Regulation 1.3, paragraph 2.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that Notification 1/2017 of the DMA does not provide that a seafarer recruitment and placement service provider shall establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them. The Committee requests the Government to indicate the measures taken to comply with Standard A1.4, paragraph 5(c)(vi), of the Convention.

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. The Committee notes the Government’s reference to Departmental order 065/2017 constituting the Myanmar Maritime Tripartite Committee and its indication that such Committee is in charge of settling disputes between recruitment and placement agencies and seafarers. While noting this information, the Committee observes that no information has been provided by the Government concerning existing machinery and procedures for investigating complaints about the activities of private recruitment placement services, as required under Standard A1.4, paragraph 7. The Committee therefore requests the Government to provide information on the manner in which it implements this provision of the Convention.

Regulation 1.4, paragraph 3 and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee notes the Government’s indication that the case of shipowners using recruitment and placement services that operate in countries that have not ratified the Convention is addressed in DMLC, Part I, whose approval process is in progress. The Committee requests the Government to provide information on measures adopted to implement the requirements of Standard A1.4, paragraphs 9 and 10, of the Convention.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes the Government’s indication that seafarers’ and shipowners’ organizations in Myanmar have signed a collective bargaining agreement applicable to Myanmar seafarers registered with the Seamen Division of the DMA (hereinafter, CBA). It further notes that sections 27 et seq. of the Merchant Shipping Act lays down some provisions on conditions of employment. It notes that such provisions are not in full compliance with the provisions of Regulation 2.1, for example with regard to the exclusion from the requirement of a seafarers’ employment agreement (SEA) for ships of less than 500 GT engaged in near coastal voyages (section 27). Moreover, those provisions do not specify whether masters sign the SEA on behalf of the shipowner, nor do they require that seafarers have a signed original of the SEA and that the SEA contains all the matters required by the Convention. The Committee recalls that the provisions of Regulation 2.1 applies to all ships covered by the Convention, without limitations of tonnage. The Committee also recalls that the Convention requires the adoption of laws or regulations establishing: (i) that seafarers working on ships flying the flag of Myanmar have a seafarers’ employment agreement signed by both the seafarer and the shipowner or her/his representative (Standard A2.1, paragraph 1(a) and (b)); (ii) the minimum notice periods to be given by seafarers and by shipowners for the early termination of the seafarer’s employment agreement (Standard A2.1, paragraph 5); (iii) that seafarers are given an opportunity to review and seek advice on their seafarer’s employment agreement before signing (Standard A2.1, paragraph 1(b)); (v) that a copy of the collective bargaining agreement which forms all or part of a seafarer’s employment agreement be available on board and a copy of a standard form of agreement and the portions of a collective bargaining agreement subject to port state inspection under Regulation 5.2 be available in English (Standard A2.1, paragraph 2); and (vi) that the seafarers’ employment agreement contain all the matters set out in Standard A2.1, paragraph 4(a)–(k). The Committee hopes that, in the process of adopting the Maritime Labour Act, the Government will address such issues. It requests the Government to indicate the measures adopted to fully comply with these requirements of the Convention with respect to all ships covered by it.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that sections 43 and 43A of the Merchant Shipping Act require the master to provide seafarers with a document containing a record of their employment on board the ship. It notes that section 43A provides that the certificate contains information on the quality of work of the seafarer. Recalling that the document referred to in Standard A2.1, paragraph 1(e), shall not contain any statement as to the quality of the seafarers’ work or as to their wages, the Committee requests the Government to indicate how it implements Standard A2.1, paragraph 3.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes the Government’s indication that the CBA provides for some circumstances justifying termination of the employment agreement without notice. The Committee recalls that 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 (Standard A2.1, paragraph 6). The Committee requests the Government to provide information on measures taken to ensure that the possibility to terminate the employment agreement without notice applies to all seafarers working on board ships flying the flag of Myanmar and takes into account compassionate reasons, in accordance with the provisions of the Convention.

Regulation 2.2 and the Code. Wages. The Committee notes that the Merchant Shipping Act includes some provisions on payment of wages, which do not give full effect to the requirements of the Convention. It further notes the Government’s reference to the provisions on wages in the CBA. Referring to Article I above, the Committee recalls that Regulation 2.2 and Standard A2.2, paragraphs 1 and 2 require all seafarers working on board Myanmar flagged ships to be paid for their work regularly and in full in accordance with their employment agreements. Standard A2.2, paragraph 5 requires that any charge for transmitting earnings to the seafarers’ families be reasonable in amount and the rate of currency exchange not unfavourable to the seafarer. The Committee requests the Government to provide more information on measures taken to comply with Standard A2.2, paragraphs 1 and 2 and 5 of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. The Committee notes the Government’s reference to Directive 14/2016 of the DMA on fatigue prevention. It notes that part 9.2. of the Directive provides that all persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch and those whose duties involve designated safety, prevention of pollution and security duties shall be provided with minimum hours of rest in conformity with the MLC, 2006. The Committee observes that the provisions of the Directive 14/2016 on hours of rest only apply to specific categories of workers and not to all seafarers covered by the Convention. It also notes that the Directive only applies to Myanmar flagged ships engaged in international voyages complying with the requirements of SOLAS 1974, as amended for fatigue prevention. Recalling that each Member shall ensure that the hours of work or hours of rest for all seafarers are regulated in a consistent manner with the provisions of the Code, the Committee requests the Government to provide information on measures taken to comply with the requirements of Regulation 2.3 and Standard A2.3 with respect to all seafarers working on board Myanmar flagged ships.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. Noting that national legislation does not provide for the normal working hours standard for seafarers, the Committee requests the Government to provide information on measures taken or envisaged to comply with Standard A2.3, paragraph 3, and Standard A1.1, paragraph 2, of the Convention. The Committee recalls that Guideline B2.3.1 of the Convention provides useful guidance on the implementation of the provisions of the Convention.

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 Directive 14/2016 of the DMA provides for the minimizing of disturbances by drills, compensatory rest for seafarers on call and exceptions to rest periods in the case of emergency or in other overriding operational conditions, i.e. only essential shipboard work which cannot be delayed for safety, security or environmental reasons or which could not reasonably have been anticipated at the commencement of the voyage. The Committee observes that there is no provision with respect to compensatory rest for seafarers once the normal situation has been restored. It recalls that pursuant to Standard A3.2, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. Therefore, the Committee requests the Government to indicate the measures taken to ensure the application of Standard A2.3, paragraph 14.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that the existing legislation does not give effect to the requirements of Regulation 2.4, paragraph 2 (seafarers to be granted appropriate shore leave). The Committee requests the Government to indicate the measures taken to ensure conformity with this requirement of the Convention.

Regulation 2.4 and Standard A2.4, paragraph 1. Entitlement to leave. The Committee notes the Government’s reference to the provisions on paid annual leave in the CBA. The Committee recalls that Standard A2.4, paragraph 1 requires Members to adopt laws and regulations determining the minimum standards for annual leave for seafarers serving on ships that fly its flag. It also recalls that under Standard A2.4, paragraph 3 any agreements to forgo the minimum annual leave with pay is prohibited. Any possible exceptions in this regard may only concern specific cases restrictively provided for by the competent authority. The Committee hopes that, in the process of adopting the Maritime Labour Act, the Government will address such issues. It requests the Government to indicate the measures adopted to ensure full conformity with the provisions of Standard A2.4.

Regulation 2.5 and the Code. Repatriation. The Committee notes that the CBA contains some provisions on repatriation (section 22.1 et seq.). Referring to Article I and considering that the collective agreement referred to by the Government does not appear to cover all seafarers working on board ships flying the flag of Myanmar, the Committee requests the Government to provide information on the provisions of legislation or updated collective agreements implementing the requirements of Standard A2.5.1, specifying the maximum duration of service on board following which a seafarer is entitled to repatriation (Standard A2.5.1, paragraph 2(b)).

Regulation 2.5, paragraph 2. Repatriation. Financial security. The Committee notes that the CBA provides for the shipowners’ obligation to conclude appropriate insurance to cover seafarers against possible contingencies and liabilities arising from the articles of the agreement. 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 draws 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 provide more information on measures taken to comply with the provisions of the Convention. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and Standard A2.7, paragraph 1. Manning levels. Adequate manning. The Committee notes the Government’s indication that the Directive 15/2018 of the DMA establishes a standard procedure to apply for a safe manning document referred to cargo ships of 500 GT and upwards; certain types of ships deemed necessary by the said Department, and all passenger ships. Recalling that each Member shall require that all ships that fly its flag have a sufficient number of seafarers employed on board to ensure that ships are operated safely, efficiently with due regard to security, the Committee request the Government to provide information on measures taken to comply with Standard A2.7with regard to all ships flying its flag.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that section 90 of the Merchant Shipping Act provides some basic requirements on seafarers’ accommodation. It further notes the Government’s reference to Marine Guidance 3/2013 of the DMA, which details the requirements on accommodation and recreational facilities in accordance with the MLC, 2006 to be complied with by all ships flying the Myanmar flag. The Committee recalls that under Standard A3.1, paragraph 1, each Member shall adopt laws and regulations requiring ships that fly its flag to meet minimum standards for onboard accommodation and recreational facilities set out in Standard A3.1. In this regard, it observes that while Marine Guidance 3/2013 gives effect to these standards, its legal value and its relationship with the Merchant Shipping Act are not clear. The Committee requests the Government to provide clarifications on this point. It further encourage the Government to adopt measures to harmonize its national legislation implementing Regulation 3.1 and the Code.

Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3–4. Food and catering. Training. The Committee notes the Government’s indication that Marine Guidance 3/2013 requires ships’ cooks to have completed a training course approved or recognized by the competent authority. It also notes that there is no information on any such training course approved or recognized by the Administration. The Committee requests the Government to provide more information on the measures taken or envisaged to comply with Standard A3.2, paragraphs 2(c), 3–4, of the Convention.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that the Government refers to the draft DMLC, part I attached to Marine Guidance 2/2013 of the DMA, which does not include the national requirements incorporating the provisions of the Convention. It further notes that sections 87 and 89 of the Merchant Shipping Act require ships flying Myanmar flag to carry on board a sufficient supply of medicines and appliances with some exceptions (including linked to gross tonnage of ships), and establish the shipowners’ obligations to defray medical and other related expenses. The Committee notes that these provisions only give partial application to Regulation 4.1. The Committee notes that the Government does not provide information on how it is ensured that seafarers are permitted by the shipowner/master to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c), nor does the Government provide any information on laws and regulations requiring that: (i) ships’ medicine chests, medical equipment and medical guides are inspected at regular intervals, to ensure that they are properly maintained (Standard A4.1, paragraph 4(a)); (ii) ships carry on board a qualified doctor who is responsible for providing medical care to seafarers in specific circumstances (Standard A4.1, paragraph 4(b)); (iii) ships who do not carry on board a medical doctor have a seafarer on board competent to provide medical assistance (Standard A4.1, paragraph 4(c)); (iv) ships are required to carry appropriate equipment and maintain up-to-date contact information for radio or satellite communication to obtain onshore medical advice while on a voyage (Standard A4.1, paragraphs 3 and 4(a) and (d)); and (v) the competent authority is required to provide a free of charge system of medical advice by radio or satellite communication available 24 hours a day to all ships irrespective of their flag (Standard A4.1, paragraph 4(d)). The Committee hopes that, in the process of adopting the Maritime Labour Act, the Government will address such issues. It requests the Government to provide information on legislation adopted to ensure conformity with these requirements of the Convention.

Regulation 4.2 and Standard A4.2.1, paragraphs 2 and 5. Shipowners’ liability. Expenses of medical care and board and lodging away from home (limits). Exclusion from liability. The Committee notes that section 89 of the Merchant Shipping Act requires shipowners of ships that fly the flag of Myanmar to defray the medical expenses of seafarers that have been hurt or injured in the service of the ship until their recovery or death or return to the port from which they have been shipped or other port agreed upon. It also notes that the same provision requires shipowners to cover burial expenses without any deduction on that account from wages. The Committee further notes that the CBA contains provisions on shipowner’s liability (Articles 16, 18 and 20). The Committee recalls, however, that Standard A4.2.1 calls for the adoption of laws and regulations to give effect to its requirements. In this regard, the Committee requests the Government to provide information on legislation which gives application to the requirement of paying wages in the modalities set forth by Standard A4.2.1, paragraph 3, where the sickness or injury results in incapacity for work. It also requests the Government to provide information on eventual laws and regulations which: (i) limit the liability of the shipowner to defray the expense of medical care and board and lodging to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness (Standard A4.2.1, paragraph 2); (ii) limit the liability of the shipowner to pay wages in whole or in part in respect of a seafarer no longer on board to a period of not less than 16 weeks from the day of the injury or the commencement of the sickness (Standard A4.2.1, paragraph 4); and (iii) exclude the shipowner’s liability in the circumstances set forth by Standard A4.2.1, paragraph 5.

Regulation 4.2, Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meets certain minimum requirements. The Committee brings 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. The Committee notes that the Government refers to Marine Guidance 2/2013 of the DMA, whose Appendix V (sample of DMLC, part I) simply lists the Convention requirements, without detailing the national provisions incorporating those requirements. The Committee further notes that the Merchant Shipping Act does not give effect to the detailed requirements of Regulation 4.3 and the Code. The Committee hopes that, in the process of adopting the Maritime Labour Act, the Government will address such issues. It requests the Government to indicate the laws or regulations or other measures adopted to set standards for occupational safety and health protection and accident prevention on ships flying its flag which address the matters specified in Standard A4.3, paragraphs 1 and 2, as well as to provide information on how it gives effect to Standard A4.3, paragraphs 5–8 (reporting and investigation of occupational accidents and risk evaluation). It further requests the Government to provide information on the adoption, in consultation with representative shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health on board ships (Regulation 4.3, paragraph 2). In this regard, the Committee reminds the Government that it can take into consideration the guidance provided in the Guidelines for implementing the occupational safety and health provisions of the Maritime Labour Convention, 2006, published in 2015.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes that, according to the Government, there are currently no shore-based facilities operating in the country and there are no plans for the development of seafarer welfare facilities in its territory. Recalling the significance of access to shore-based welfare facilities for seafarers’ well-being, the Committee requests the Government to provide information on future developments regarding the establishment of welfare facilities.

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 Myanmar: medical care; sickness benefit and employment injury benefit. In this connection, the Committee notes that, while the Government has provided no information on the application of Regulation 4.5, the Social Security Law, 2012 and the Social Security Rules, 2014, establish a comprehensive social security system by setting up a Social Security Fund and an Employment Injury Benefit Fund. The Committee requests the Government to provide detailed explanations on the measures adopted or envisaged to give effect to all the requirements of Regulation 4.5 and the Code, in particular to ensure that all seafarers ordinarily resident in Myanmar are entitled to benefits from social security protection in the three branches specified no less favourable than that enjoyed by shoreworkers (Regulation 4.5, paragraph 3). The Committee also requests the Government to indicate any bilateral or multilateral arrangements in which Myanmar participates in relation to social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2, and Standard A4.5, paragraphs 3, 4 and 8).

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes the Government’s information that the DMA has delegated to recognized organizations (ROs) its inspection and certification functions under the MLC, 2006, and that it mentions in its report three authorized ROs, while the DMA website includes a list of six ROs. The Committee requests the Government the Government to provide an updated list of recognized organizations, specifying the functions that they have been authorized to carry out with regard to the MLC, 2006 (Standard A5.1.2, paragraph 4).

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance (DMLC), Part I. Content. DMLC, part II. The Committee notes that the Government supplies two draft Declaration of Maritime Labour Compliance (DMLC), Part I, neither of which is in conformity with the provisions of the Convention. In particular, the Committee notes that the drafts either do not contain references to the national provisions incorporating the Convention requirements, or contain partial references to these provisions. The Committee recalls that Standard A5.1.3, paragraph10(a), provides that the DMLC, Part I, drawn up by the competent authority, shall identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions. It also recalls that the purpose of the DMLC, Part I, is to help all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that the national requirements on the 16 listed matters are being properly implemented on board ship. 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 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).

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 10, 11 and 17. Flag State responsibilities. Inspection and enforcement. Qualified inspectors. Independence. Confidentiality. The Committee notes that sections 290 et seq. of the Merchant Shipping Act provide some general requirements with respect to ship surveyors. The Committee recalls that this Standard provides for measures to be adopted to guarantee that inspectors have qualifications and training, a status and conditions of service ensuring that they are independent of changes of government and of improper external influences and treat as confidential the source of any complaint. The Committee requests the Government to indicate the measures taken to ensure conformity with the provisions of Standard A5.1.4, paragraphs 3, 6, 10, 11 and 17, of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 4. Flag State responsibilities. Inspection and enforcement. Intervals of inspection. The Committee notes that, while Marine Guidance 2/2013 indicates that all ships to which the MLC, 2006 applies, regardless of whether they are required to carry a certificate, shall be subject to inspections, the Government provides no information on the interval of such inspections. The Committee requests the Government to indicate how it gives application to Standard A5.1.4, paragraph 4, of the Convention.

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 recalls that this Standard provides that compensation shall be payable in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers. The burden of proof in each case shall be on the complainant. It notes the Government’s indication that provisions on this matter will be developed. The Committee requests the Government to provide copy of the relevant legislation, as soon as it has been adopted.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee notes the Government’s indication that an on-board complaint procedure will be incorporated in the DMLC Part I. The Committee notes, however, that the existing legislation does not give effect to the detailed requirements of Regulation 5.1.5 including: (i) the development of a model for a fair and expeditious and well-documented on-board complaint procedure for ships that fly Myanmar flag (Regulation 5.1.5, paragraph 1; Standard A5.1.5, paragraphs 1–3); (ii) the prohibition of victimization of seafarers for filing a complaint and penalties in case of the prohibition’s infringement (Regulation 5.1.5, paragraph 2); and (iii) the arrangements made to ensure that all seafarers are provided with a copy of the on-board complaint procedures applicable on the ship, including contact information relevant to that ship and to the seafarers concerned (Standard A5.1.5, paragraph 4). The Committee requests the Government to indicate the measures taken to give full effect to these provisions of the Convention.

Additional documents requested. The Committee notes that the Government has not provided the following documents: an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraph 1 and 3); for each type of ship (passenger, cargo, etc.), 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; an example of the standard medical report form for seafarers and a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraphs 2 and 4(a)). The Committee would be grateful if the Government would provide the abovementioned documents.