Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report. The Committee also takes note of the observations made by the Bangladesh Employers' Association.

Article 1(c) and (d) of the Convention. 1. In its previous comments, the Committee observed that under sections 101 and 102 of the Merchant Shipping Act, 1923, seamen could be forcibly conveyed on board ship to perform their duties, and under sections 100 and 103(ii), (iii) and (v) various disciplinary offences by seamen, concerning cases where life, health or safety are not endangered, were punishable with imprisonment which may involve an obligation to work. The Committee noted that the Bangladesh Merchant Shipping Ordinance, 1983, which has repealed the 1923 Act, again provided in sections 198 and 199 for the forcible conveyance of seamen on board ship to perform their duties, and in sections 196, 197 and 200(iii), (iv), (v) and (vi) for the punishment, with imprisonment which may involve an obligation to work, of various disciplinary offences in cases where life, safety or health are not endangered.

The Committee requested the Government to review the Ordinance adopted in 1983 and to indicate the measures taken or contemplated to bring it into conformity with the Convention. The Government has previously indicated that it is examining the Committee's suggestion. In its latest report, the Government merely states that it has taken note of the Committee's comments.

The Committee notes that in its observations the Bangladesh Employers' Association (BEA) recalls that in its last reply it suggested that the Ministry of Labour and Manpower may like to consult the Ministry of Shipping to bring the Merchant Shipping Ordinance, 1983, into conformity with the Convention.

The Committee expresses once again the firm hope that the Government will soon be in a position to indicate that the necessary action has been taken to bring the Ordinance into conformity with the Convention.

2. A certain number of other legislative texts which call for comment under Article 1(a), (c) and (d) of the Convention are again dealt with in a request addressed directly to the Government.