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 the Government’s indication in its report that national seafarers and shipowners representatives state that, although Bangladesh has taken positive approach to fulfil its obligations under the Convention, many countries who are signatories either of the Seafarers’ Identity Documents Convention, 1958 (No. 108) or of Convention No. 185, are restricting Bangladeshi seafarers transit and transfer by imposing strict and very time-consuming visa policies; as a result, many shipowners refuse to employ Bangladeshi seafarers on board their vessels. This deprives global shipping from qualified seafarers’ supply and prevents Bangladesh from becoming a true seafarers’ nation. The Committee notes these concerns and, in this regard, welcomes the decision of the ILO Governing Body to convene, in 2025, a meeting of experts to discuss the difficulties faced by Member States to ratify and implement the Convention.

Article 1 of the Convention. Definitions and scope of application. The Committee notes that, in reply to its previous comments, the Government indicates that, although section 2(45) of the Bangladesh Merchant Shipping Ordinance, 1983 excludes masters and apprentices from the definition of seaman, the current seafarers’ identity document (SID) system applies to all holders of a Continuous Discharge Certificate (CDC), which include masters and apprentices. Since the Ordinance was enacted in 1983 but the SID was introduced in 2014, in order to address this issue, the draft Bangladesh Merchant Shipping Act (BMSA) contains a provision on the definition of seafarer which also includes masters and apprentices. The Committee takes note of this information and refers to its comments on the definition of seafarer raised in relation with the implementation by Bangladesh of the Maritime Labour Convention, 2006, as amended (MLC, 2006).

Article 2, paragraph 5. Administrative appeal. The Committee notes that, in reply to its previous comments, the Government indicates that there is no specific legal provision on the right of seafarers to an administrative appeal in the case of a rejection of their application, nor a formal procedure, but the Department of Shipping (DoS) has drafted a circular on the administrative appeal procedure and will consult the stakeholders on the draft. The circular is expected to be issued by the end of 2023. The Committee takes note of this information and requests the Government to provide information on any development on the adoption of the Circular.

Article 3. Content and form of the seafarers’ identity document. The Committee notes that, in reply to its previous comments, the Government indicates that the DoS started a bidding process to improve the SID to ensure compliance with the 2016 amendments to the annexes of the Convention. It also takes note of the documents supplied by the Government, including the spreadsheet containing technical requirements for an SID issuance system and the timeline for the ongoing measures to implement the Convention. The Committee notes that, in September 2023, the Government requested the ILO’s technical assistance to assess compliance of the technical requirements for the SID issuance system with the Convention. In this framework, the Committee observes that the Office raised a number of technical issues that needed to be addressed to ensure full compliance. Welcoming the steps taken to implement the amended version of the Convention, the Committee requests the Government to take into account the technical comments provided by the Office and to provide a specimen of the new SID when it becomes available.

Article 4. National electronic database. The Committee notes that, in reply to its previous comments, the Government indicates that the DoS will take necessary steps to ensure that the national electronic database complies with the Article 4 and the amended Annex II. The current requirements ensure that the new SID issuance system has measures to secure the database from interference or unauthorized access, as well as the seafarer’s right to privacy, as the data will be encrypted and visible only to the authorized persons. The Government also indicates that: (i) there will be procedures that allow seafarers to examine and check data validity; (ii) the Chief Nautical Surveyor will be the focal point for responding to inquiries; and (iii) the system is only made for the verification of SIDs. Referring to its comment under Article 3, the Committee requests the Government to provide updated information on how the national electronic database complies with the amended version of Annex II once the system to issue the new SIDs will be in place.

Article 6, paragraphs 4 and 6. Temporary shore leave. The Committee notes that, in reply to its previous comments, the Government indicates that the Bangladesh Immigration Policy allows seafarers with valid documents a temporary shore leave and transit visa for 72 hours. The Committee notes that the Circular supplied by the Government is not available in English. Recalling that under the Convention seafarers shall not be required to hold a visa for the purpose of shore leave, the Committee requests the Government to clarify how it is ensured that the existing arrangements are substantially equivalent to those of Article 6, paragraph 6.

Article 7, paragraph 1. Continuous possession of the seafarers’ identity document. The Committee notes that, in reply to its previous comments, the Government indicates that the Bangladesh Merchant Shipping Ordinance and the draft BMSA do not contain a provision which ensures compliance with Article 7, paragraph 1. However, the Government indicates that the DoS will address the issue in the BMSA and subsequent secondary law. The Committee requests the Government to adopt the necessary measures to comply with this provision of the Convention and to provide information on any developments in this regard.