Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 32) sur la protection des dockers contre les accidents (révisée), 1932 - Bangladesh (Ratification: 1972)

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Legislation giving effect to the Convention. In its previous comments, the Committee requested the Government to indicate the legislative or regulatory measures adopted or envisaged to give effect to specific provisions of the Convention. The Committee notes that the Government refers to various texts concerning the ports of Chittagong and Mongla: (i) the Chittagong Port Authority Act, 2022that provides for the establishment of the Chittagong Port Authority, established under the Chittagong Port Authority Ordinance, 1976; (ii) the 2018 amendment of the Regulations for Working of Chittagong Port (Cargo and Container), 2001, which prescribes, inter alia, the work to be performed by the Terminal Operator as well as its responsibilities; (iii) the Chittagong Port Authority Labour Welfare Fund Regulation, 2018, that provides for welfare activities of dockworkers; (iv) the Mongla Port Authority Act, 2022 that provides for the establishment of the Mongla Port Authority; and (v) the Mongla Port Authority Labour Welfare Fund Regulation, 2018, that provides for welfare activities of dockworkers. The Government adds that the provisions of the Convention are mostly incorporated in the contract agreement signed between the Chittagong Port Authority (the employer) and the Berth Operators, Terminal Operators, Ship Handling Operators (the service providers). Concerning the Mongla Port, the Government asserts that, under sections 10 and 11 of the Mongla Port Act, the Port Authority is empowered to ensure protection against accidents and to take necessary measures to comply to the requirements of the Convention. Additionally, the Government refers to the development of guidelines and checklists based on port law requirements in the new port of Payra. The Committee appreciates this information. However, it notes that a number of texts were not provided by the Government, and that some are exclusively in Bengali. In order to enable it to better assess how the Government ensures that appropriate measures are taken to give effect to specific requirements of the Convention as referred to in its previous comments, the Committee requests the Government to provide copies of the texts it referred to (the Chittagong Port Act, 2022, the Mongla Port Act, 2022, the Chittagong Port Authority Labour Welfare Fund Regulation, 2018, and the Mongla Port Authority Labour Welfare Fund Regulation, 2018) as well as any contract agreement signed between service providers and the Chittagong Port Authority, and to specifically identify the relevant provisions in these texts that give effect to the following articles of the Convention: Article 2(1) and 2(2), (3), (4) and (5) (approaches); Article 3(5) and (6) (means of access to ships); Article 4 (transport of workers by water in vessels); Article 14 (prohibition on removing or interfering with protective gear); Article 15 (exemptions from or exceptions to the provisions of the Convention); Article 16 (application of measures envisaged by the Convention that affect ships under construction); Article 17(2) and (3) (efficient system of inspection and posting of copies of the regulations); and Article 18 (reciprocal arrangements). With regard to the port of Payra, the Committee requests the Government to provide information on any progress made towards the adoption of guidelines and checklists as per the port Act requirements, in particular in relation to the provisions of the Convention.

Article 5; Article 6; Article 8; Article 9(2)(2)(a), (3), (4), (6), (7), (8) and (9) and Article 11(1), (3), (4), (5), (6), (7) and (8). Certificates and chain registers. The Committee notes the Government’s indication that the Maritime Administration (Director General of Department of Shipping) has authorized the classification society to carry out inspections of all Bangladeshi flagged ships and to issue the relevant certificate and chain register in compliance with the Convention. The Committee requests the Government to indicate the legislative or regulatory texts in this regard and, where possible, to provide samples of inspection reports and certificates delivered by the classification society.

Article 13. First-aid facilities and equipment. The Committee notes the indication that all ports have a hospital run by the port authority, with qualified doctors on permanent duty to provide immediate treatment, as well as an ambulance service for the immediate transfer of patients, and that port operators are responsible for maintaining a first-aid kit at each workplace. The Committee requests the Government to specify the legislative or regulatory texts prescribing the maintenance of these first aid facilities and equipment. Additionally, it requests the Government to provide information on any measures giving effect to the requirements under Article 13(2) (rescue measures in the event of workers falling into the water).

Part V of the report form. Application in practice. Accident in a container terminal. The Committee notes the inspection modalities in the ports of Chittagong and Mongla, as well as the indication of the establishment of welfare and monitoring committees in these two ports. However, the Committee observes that, on 4 June 2022, a fire in the container terminal near Chittagong Port left almost 50 dead and hundreds injured. It observes that the statement of the ILO Office in Dhaka on 6 June 2022 concerning this accident drew attention to “the need for an effective industrial and enterprise safety framework, and enforcement and training system to ensure a structured approach to mitigation, preparedness, response and recovery to all hazards.” The Committee requests the Government to indicate any measures taken to prevent the occurrence of such serious accidents in port terminals and to improve the protection of safety and health of workers, in conformity with the requirements of the Convention. The Committee further requests the Government to continue providing information on the number of inspections carried out in ports, the number and nature of contraventions reported, as well as information regarding any recommendation made by the above-mentioned committees on improving safety and health in the ports of Chittagong and Mongla. Furthermore, the Committee requests the Government to provide any available statistical data in the port sector on the number, nature and causes of accidents reported.

Prospects for the ratification of the most up-to-date Convention. The Committee notes the Government’s indication that the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) is under examination. The Committee requests the Government to provide information on any development in this regard.