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Previous comments

The Committee notes the observations of the Trade Union’s International Labour Standards Committee (TU-ILS Committee), received on 31 August 2022, concerning the application in practice of the Convention.
In reply to its previous comments, the Committee notes the indication that Order No. 01 of 2016 on the Guidelines for implementing amendments to Regulation 2 of Chapter VI of the International Convention for the Safety of Human Life at Sea (SOLAS) of the International Maritime Organization (IMO) concerning Verified Gross Mass revoked previous regulations on the marking of weights and applies to all containers imported into and exported from the country. In relation to inland navigation, only containers which were weighed and certified at international ports can be transported. In this regard, the TU-ILS Committee indicates that few container ships navigate in inland waterways and all containers loaded from the seaport follow the instructions of the Department of Shipping on marking standards. The Committee further notes the indication that transport of goods which are only in the national territory do not use containers. The Committee also notes the indication that the Ministry of Shipping has drafted a Merchant Shipping Act, which will empower the Department of Shipping to issue rules and regulations on weight marking. The Committee requests the Government to provide information on the adoption of the Merchant Shipping Act and on any pursuant rule or regulation issued by the Department of Shipping in relation to the marking of loads transported by sea or by inland waterway, in particular when the package or object has a gross weight of more than one thousand kilograms (one metric ton), as provided for in Article 1(1) of the Convention. Additionally, the Committee requests the Government to specify, where relevant, the rules applicable to the weight marking for goods of more than one thousand kilograms (one metric ton) transported within the national territory that do not use containers.

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In its previous comments, the Committee requested the Government to provide a copy of the regulations on the marking of weights for the ports of Chittagong and Mongla and to examine the possibility of extending the scope of application of the regulations to other maritime ports, as well as to ports of inland navigation, such as the port of Chalna, if such regulations were found to be necessary. The Committee notes the indication that, in view of its economic importance (92 per cent of trade), modernization projects have been concentrated on the maritime port of Chittagong to enable it to meet international standards. The Government also reports the modernization of the maritime port of Mongla and the activity of the new port of Payra since November 2013. The Committee further notes the Government’s indication that it may be envisaged to include the issue of regulations for the marking of packages within the context of the review of the 2006 implementing regulations of the Maritime Labour Convention. The Government indicates that for this purpose it has initiated a project for the development of Bangladeshi maritime legislation. The Committee requests the Government to provide information on any measures taken or envisaged in the context of the project for the development of maritime legislation on the marking of packages weighing one metric tonne or more for transport in order to ensure the full application of the Convention. The Committee also requests the Government to indicate the marking rules currently applicable for transport by inland waterway and, in the absence of such rules, to envisage their adoption in the context of the current legislative project, with a view to ensuring the application of the Convention for both maritime and inland ports.
The Committee also notes the adoption by the Department of Shipping of Order No. 01 of 2016 issuing guidelines for implementing amendments to Regulation 2 of chapter VI of the International Convention for the Safety of Life at Sea (SOLAS) entering into force with effect from 1 July 2016 concerning the verified gross tonnage of freight containers. The Committee observes that this Order is a measure that contributes to the implementation of the Convention. The Committee requests the Government to provide any information that it considers useful on the implementation of Order No. 01 of 2016 of the Department of Shipping.

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The Committee takes note of the Government’s report and of the observations of the Bangladesh Employers’ Federation included in the report, which indicates that it believes that the Government would shortly frame the regulation referenced by the Committee in order to follow the provisions of this Convention.
Article 1(1) of the Convention. Regulation of ports and indication of gross weight. The Committee notes the information that the regulation for Chittagong and Mongla ports under the Bangladesh Labour Act, 2006 have not been framed yet. The Committee also notes that, according to the Government, it is a regular practice that the gross weight package of one metric ton or more is plainly and durably marked upon it on the outside before it is loaded on a ship or vessel for transport by sea or inland waterway. The Committee hopes that the referred regulations will be adopted in the near future and asks once again the Government to communicate copies of these regulations as soon as they are published.
Regulation of ports for inland navigation. With reference to its previous comments the Committee notes that the Government might give due consideration to extend the application of the existing regulations to the port of Chalna and other ports for inland navigation, and that this process would require tripartite consultation with the stakeholders. The Committee would be grateful if the Government would indicate the relevant rules for the marking of gross weight upon any package or object of one metric ton consigned within the territory of the state for transport by inland waterway. It also asks once again the Government to examine the possibility of extending the scope of application of the abovementioned regulations to the port of Chalna and other ports of inland navigation to ensure the full application of the provisions of the Convention.
Modernization of ports. The Committee notes the information that developments projects have been implemented to modernize the Mongla Port and to improve its efficiency. It also notes that the Government declares that it is committed to take the necessary measures to modernize other ports in the country, including the Chalna port. The Committee hopes that these developments will facilitate the full application of the Convention and requests the Government to continue providing information on any development in this respect.

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1. The Committee notes the information provided by the Government in its report, including the reference made to the adoption of the Bangladesh Labour Act 2006.

2. Article 1, paragraph 1, of the Convention. The Committee notes the information that efforts are still under way to develop regulations not only for the Chittagong but also for the Mongla port. It also notes the information that the managerial and operational activities in the Chittagong port were improving, inter alia, through a process of privatization and that the container-handling capacity of the port had increased following the establishment of a new mooring container operation terminal. The Committee hopes that the draft regulations referred to by the Government will be approved and come into effect soon and asks the Government to send to the ILO copies of these regulations as soon as they are published.

3. With reference to its previous comments as regards the port of Chalna and other ports for inland navigation, the Committee notes the Government’s continued intention to take the necessary measures in respect of heavy packages and objects for navigation within the territory. The Committee reiterates its hope that the Government will examine the possibility of extending the scope of application of the abovementioned regulations to the port of Chalna and other ports of inland navigation in order to ensure the full application of the provisions of the Convention.

4. With regard to the question of possible difficulties encountered in the application of the Convention in relation to modern methods of cargo handling, with particular reference to containers, the Committee requests the Government to refer to the general observation that it is making on the Convention at the present session.

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The Committee notes the Government's information supplied in its report.

Article 1, paragraph 1, of the Convention. 1. The Committee notes with interest the Government's indication to the effect that the Chittagong Port Authority has submitted the "Regulations for working of Chittagong Port (Cargo/Container)" to the Ministry of Shipping for approval, and that its article 46 specifically meets the requirements imposed by Article 1, paragraph 1, of the Convention. It further notes that the Mongla Port Authority has also taken initiative on this issue. The Committee hopes that the abovementioned Regulations will be approved and come into effect soon. It asks the Government to send to the ILO copies of these Regulations as soon as they are published.

2. As concerns the port of Chalna and other ports of inland navigation, in view of the fact that these ports are doubtless important for inland navigation, given the volume of cargo which could be transferred through these ports, the Committee recalls the Government's statement, in its 1989 report, to the effect that the necessary measures would be taken to extend the regulations on the marking of heavy packages to all ports, Chalna included. The Committee therefore reiterates its hope that the Government will examine the possibility of extending the scope of application of the abovementioned Regulations to the port of Chalna and other ports of inland navigation in order to ensure the full application of the provisions of the Convention.

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Article 1(1) of the Convention

1. The Committee notes from the Government's latest report that under section 59 of the General Rules and Schedules for working of the Chittagong Port, "packages, weighing one ton or over, tendered for shipment at the Chittagong Jetties on seagoing vessels will not be accepted unless the gross weight of such packages is legibly and durably marked on them by the shipper or sender beforehand", and that the Government has directed the authority in Mongla Port to incorporate similar provisions in the Port Regulations, which are under revision. The Committee hopes that copies of the revised provisions of Chittagong and Mongla Port authority will be sent to the ILO as soon as they are published.

2. Recalling the Government's earlier indications that no package exceeding 1,000 kg was transported through the port of Chalna and the other ports of inland navigation, and that it was therefore not necessary to adopt special regulations under the Convention for packages transported by inland waterways, the Committee hopes that the Government, in its future reports, will indicate any new developments in this regard.

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The Committee notes the Government's report and the comments made by the Bangladesh Employers' Association.

1. For a number of years, the Committee has been drawing the attention of the Government to the absence of national legislative provisions to ensure the application of the Convention. Section 59 of the Railway Act of 1890, respecting the marking of heavy packages, which is applicable only in the port of Chittagong and to seagoing vessels, does not specify the weight of 1,000 kg (one metric ton) from which the weight shall be marked in accordance with the Convention.

The Committee noted with interest the Government's statement that the necessary measures had been taken to extend the rules respecting the marking of heavy packages to all ports. The Committee requested the Government to supply a copy of the provisions that had been adopted to this effect.

The Committee notes, from the Government's report, that the requested information will be transmitted as soon as it is received from the minister concerned.

2. The Committee refers once again to the general observation that it made in 1987 with a view to obtaining detailed information on the manner in which the Convention is applied to containers in national legislation and in practice, and on all difficulties encountered in this respect. It would be grateful if the Government would supply this information in its next report.

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1. For a number of years the Committee has been drawing the attention of the Government to the absence of national legislative provisions to ensure the application of the Convention in the port of Chalna and the inland ports. Article 59 of the law of 1890 contains the only provision likely to give effect to the Convention, but it applies only to the port of Chittagong and to seagoing vessels.

The Committee notes with interest the statement of the Government in its last report that the necessary measures have been taken to extend the regulations on the marking of heavy packages to all ports, Chalna included. The Committee would be grateful if the Government would communicate a copy of the provisions adopted to this effect.

2. The Committee refers once again to the general observation which was formulated in 1987 with a view to obtaining detailed information on the manner in which the Convention is applied to containers in national legislation and in practice, and on all difficulties encountered in this respect. It would be grateful if the Government would supply this information in its next report. [The Government is requested to send a detailed report for the period ending 30 June 1990.]

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