CMNT_TITLE

Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Bangladesh (RATIFICATION: 2014)

Other comments on C185

Direct Request

2023
2019

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The Committee notes that the 2016 amendments to the annexes of the Convention entered into force for Bangladesh on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (hereinafter, referred to as SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.

The Committee notes that, according to the information submitted by the Government in its report, no measures have been taken so far to issue new SIDs in accordance with the technical requirements of the Convention, as amended in 2016. The Committee recalls in this regard the resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified the Convention, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. While noting the efforts undertaken by the Government to give effect to the previous version of the Convention, the Committee requests the Government to address the issues raised below and to indicate any measures taken or envisaged to issue new SIDs in accordance with the amended version of the Convention.

Article 1(2) of the Convention. Definitions and scope of application. The Committee notes that, according to section 2(45) of the Bangladesh Merchant Shipping Ordinance 1983, “seaman” means a person employed or engaged for service in any capacity on board any ship, but does not include a master, pilot or apprentice. The Committee recalls, however, that pursuant to Article 1(2), the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel to which the Convention applies. The Committee considers that, while pilots can be excluded from the said definition, masters and apprentices should be covered by the Convention and refers, in this regard, to its comments related to the implementation by Bangladesh of the MLC, 2006. The Committee therefore requests the Government to take measures in order to bring its legislation into full conformity with this provision of the Convention.

Article 2(5). Administrative appeal. The Committee notes the information provided by the Government that, when an application for the issuance of an SID is rejected, seafarers may appeal to the Director-General of the Department of Shipping. The Committee notes however that the said information does not refer to any applicable laws or regulation. The Committee therefore requests the Government to provide information on the relevant provisions ensuring that seafarers have the right to an administrative appeal in case of rejection of their application.

Article 3. Content and form of the seafarers’ identity document. Noting that the Government is now required to issue a new SID in conformity with the amended version of the Convention, it will not comment on the copy of the SID that had been previously submitted. The Committee hopes that the Government will take the necessary measures to issue a new SID that will be fully compliant with the amended version of the Convention. It requests the Government to provide a specimen of the new SID when it will be available.

Article 4. National electronic database. The Committee notes the information provided by the Government regarding the functioning of the national electronic database. The Committee requests the Government to provide updated information on the national electronic database in accordance with the amended version of Annex II once the system to issue the new SIDs will be in place.

Article 6(4). Temporary shore leave. The Committee notes the Government’s indication that no visa is required to be granted shore leave if the seafarer is included in the crew list and holds both an SID and a passport. The Committee notes however that the Government does not refer to any applicable legislation. The Committee requests the Government to indicate the laws or regulations which give effect to this provision of the Convention.

Article 6(7)–(9). Transit and transfer. The Committee notes the Government’s statement that, concerning transit or transfer, no waiting period is required on the condition that confirmation is provided by a local agent and permission is never refused, provided that seafarers hold both an SID and a passport. The Committee notes, however, that the Government does not refer to any specific applicable legislation. The Committee therefore requests the Government to indicate the laws or regulations which give effect to these requirements of the Convention.

Article 7(1). Continuous possession of the seafarers’ identity document. The Committee notes that no information has been provided by the Government in this regard. The Committee requests the Government to indicate how it gives effect to this provision of the Convention.