Pages 8-17: Implementation Of Controlling The Private Recruitment And Placement Services Under MLC 2006: A Case Study Of Bangladesh.

Sabbir Mahmood

Abstract


In 2006, the ILO adopted the MLC, 2006 a comprehensive framework convention which codifies the human, labour and social rights of seafarers, through unifying the legal regime of labour law and international maritime law. The success story of the MLC, 2006 will be written only after effective implementation of the convention at a national level and will be tested by the experience of more than 1.6 million seafarers working on board plying the world’s ocean.

The manning agencies and recruiting companies played a vital role to supply the seafarer for maritime industry and stabilize the maritime labour market. However, without an effective control and supervision system, it is very likely for seafarers to be exploited by some greedy manning agents. Therefore, Regulation 1.4 of title 1 of MLC 2006 provides legislative framework to prevent the exploitation by regulating the recruitment and placement service providers. The implementation of regulation 1.4, including its standard and guidelines are most critical in the convention, as they envisage multi directional activities and various forms of state responsibilities.

The ultimate goal of the provision is to ensure efficient, adequate and accountable system for finding employment by seafarers without any charge, harassment or exploitation. Research shows that, the charging to seafarer for employment and many other irregularities are still going on in many developing countries, though they are signatory to the convention. The quantitative analysis of the study helps to find out the seafarer’s situation of the employment and dealing of RPS. We further conducted qualitative survey and desk study of the existing laws and institutions of Bangladesh to find out the capability of competent authority to implement the Regulation 1.4 of MLC 2006. Finally, we have identified the gaps and make recommendations on an approach that could be taken by Bangladesh to ensure successful implementation of regulation 1.4 of MLC.


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