Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maritime Labour Convention, 2006 (MLC, 2006) - Sudan (Ratification: 2019)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2014, 2016 and 2022 entered into force for Sudan on 4 October 2020 and 23 December 2024, respectively. It further notes that Sudan has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2018 by the International Labour Conference and is therefore not bound by these amendments. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage. In relation to the 2022 amendments to the Code of the Convention, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that a limited number of laws and regulations adopted by Sudan prior to the ratification of the Convention partially give effect to its provisions. It also notes the Government’s reference to: (i) Sudanese Shipping Act, 2010 and (ii) Regulation governing the employment of workers on ships, 2023 that, however, only enounce general principles and requires to be further implemented. The Committee requests the Government to adopt the necessary measures to give full effect to the provisions of the Convention. The Government is also requested to supply the Declaration of Maritime Labour Compliance (DMLC), Part I, and examples of DMLCs Part II, approved by the competent authority.

The Committee further notes that there are no ships flying the Sudanese flag engaged on international voyages. The Committee recalls that as established in Regulation 5.3, paragraph 1 on labour-supplying responsibilities, without prejudice to the principle of each Member’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member also has a responsibility to ensure the implementation of the requirements of this Convention regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory, to the extent that such responsibility is provided for in this Convention. The Committee therefore requests the Government to take the necessary measures to give effect to the provisions of the Convention. The Committee also requests the Government to provide information on any developments in the composition of the national fleet that have an impact on the application of the Convention.

Article II, paragraphs 1(f) and 2. Scope of application. Seafarer. The Committee notes the Government’s indication that the measures implementing the Convention give effect to this provision of the Convention without reproducing or referring to the pertinent legislative text. Recalling that under Article II, paragraph 1(f) of the Convention, seafarer means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies, the Committee requests the Government to indicate the applicable national provisions giving effect to this provision of the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s indication that the minimum age for seafarer to be admitted to work on board ship is 18 years of age. However, the Committee observes that the Government does not provide the legal reference for the Committee to verify the accuracy of the implementation of this provision of the Convention. The Committee therefore requests the Government to indicate the legislative text giving effect to this provision of the Convention. As regard the period defined as “night”, the Government indicates that “night” covers a period from 7 p.m. to 4 a.m. without referring to the legislative text. The Committee recalls that, in accordance with Standard A1.1, paragraph 2, “night” shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. The Committee therefore requests the Government to indicate how it ensures full compliance with this provision of the Convention.

Regulation 1.2 and the Code. Medical certificate. Contrary to government indications, the Committee observes that the Sudanese Shipping Act of 2010 does not contain provisions requiring that seafarers must be certified as medically fit to perform their duties before being allowed to work on a ship, as stipulated in Regulation 1.2. The Committee therefore requests the Government to specify the measures taken to fully comply with Regulation 1.2, paragraph 2, which states that seafarers shall not work on a ship unless they are certified as medically fit to perform their duties. Furthermore, the Committee observes that this Act lacks provisions addressing (i) the requirements for the nature of medical examinations and the right of appeal (Standard A1.2, paragraphs 2 and 5); (ii) the requirements concerning individuals authorized to issue medical certificates and certificates specific to eyesight (Standard A1.2, paragraph 4) and (iii) the periods of validity for medical and colour vision certificates (Standard A1.2, paragraphs 7 and 8). The Committee, therefore, requests the Government to adopt specific legislation to ensure full compliance with Regulation 1.2 and the Code.

Regulation 1.4 and the Code: Recruitment and Placement. The Committee notes the Government’s indication that there are no public or private recruitment and placement services operating in Sudan. It further observes that the number of seafarers working on Sudanese flagged ships covered by the Convention exceeds 6,000. The Committee requests the Government to provide information on how seafarers are recruited for working on ships flying the Sudanese flag and on ships flying the flags of other countries, and to indicate how it gives effect to Standard A1.4, paragraph 8 (to adopt measures to advise its nationals on the possible problems of signing on a ship that flies the flag of a country which has not ratified the Convention).

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee notes that the Government’s report is silent on implementation of this requirement of the Convention. It recalls the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II of the Convention and the fact that under Standard A2.1, paragraph 1(a), every seafarer must have an original agreement that is signed by the seafarer and the shipowner or a representative of the latter. Furthermore, seafarers must be able to identify who is the shipowner at the time of signing the SEA and thereby be fully informed of all the circumstances related to the living and working conditions on board. Accordingly, the shipowner has the responsibility for the operation of the ship. The purpose of Standard A2.1, paragraph 1(a), is therefore that seafarers do not have to deal with more than one person or entity with respect to their working and living conditions. The Committee therefore requests the Government to indicate how it ensures that Sudanese laws and regulations give full effect to the provisions to Standards A2.1, paragraph 1(a).

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreements. Examination and advice before signing. The Committee notes that the Government’s report is silent on this issue. The Committee requests the Government to indicate the legislative texts that give effect to Standard A2.1, paragraph 1(b). It also requests the Government to indicate the manner in which seafarers are informed of the possibility to avail themselves of this right.

Regulation 2.1 and Standard A2.1, paragraph 1(c). Seafarers’ employment agreements. Signed original. The Committee notes that the Government does not provide information on the implementation of Standard A2.1 and the Code. The Committee notes that the Government’s report contains no information on the implantation of the following provisions of the Convention, in particular, how effect is given to Standard A2.1, paragraph 1(c), which requires that the shipowner and seafarer concerned shall each have a signed original of the SEA. The Committee requests the Government to indicate the measures envisaged or taken to ensure that seafarers are given, in all cases, an original agreement signed by both the seafarer and shipowner or a shipowner’s representative, as required under Standard A2.1, paragraph 1(c).

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. Noting the absence of information in the Government’s report on the implementation of these provisions of the Convention, the Committee requests the Government to indicate the measures taken to ensure full compliance with the requirement provided for under Standard A2.1, paragraph 1(e) and 3, preventing that a seafarer’s record of employment or discharge book contain any statement as to the quality of the seafarer’s work.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the Government’s report is silent on the particulars listed under Standard A2.1, paragraph 4. Recalling that each Member shall adopt laws and regulations specifying the matters that are to be included in all SEAs governed by its national law, the Committee requests accordingly the Government to adopt the necessary measures to ensure that, both in law and in practice, SEAs contain all of the particulars required by Standard A2.1, paragraph 4(b), (i) and (j).

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreements. Minimum notice period for termination. The Committee notes the Government’s indication that the minimum notice period for termination of SEAs is one month without given the legislative reference. It further notes the that national laws or regulations or collective agreements do not provide for circumstances justifying termination of the employment agreement at a shorter period of notice or without notice. The Committee recalls that under Standard A2.1, paragraph 5, each Member shall adopt laws or regulations establishing minimum notice periods to be given by the seafarers and shipowners for the early termination of a seafarers’ employment agreement, and that the duration of these minimum periods shall be determined after consultation with the shipowners’ and seafarers’ organizations concerned but shall not be shorter than seven days. The Committee requests the Government to indicate the measures taken or envisaged to ensure that a notice period, not shorter than seven days, be established by law or regulations, as required under Standard A2.1, paragraph 5, including the possibility of a shorter period of notice in cases of “compassionate or other urgent reasons”, as stated in paragraph 6 of this Standard.

Regulation 2.1 and Standard A2.1, paragraph 1(d) and 2. Access to information about conditions of employment. The Committee notes the Government’s indication that the conditions of employment are available prior to boarding ship without referring to the legislative text. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that clear information as to the conditions of seafarers’ employment, including collective bargaining agreements, can be easily obtained on board by seafarers.

Regulation 2.2 and the Code. Wages. The Committee notes the Government’s indication that basic salary and additional remuneration are the main items included in the monthly account that seafarers are entitled to receive on board ship. The Committee recalls that Standard A2.2, paragraph 2, provides that the monthly account of payments shall also include information on the rate of exchange used when the payment has been made in a currency or at a rate different from the one agreed to. The Committee requests the Government to indicate the national provisions giving full effect to Standard A2.2, paragraph 2, reproducing their text or a summary thereof.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes the Government’s indication that the maximum hours of work are limited to 8 in any 24-hour period, while the minimum hours of rest within the same period are set at 4. The Committee also notes that other information provided by the Government is not relevant to the implementation of these provisions of the Convention. The Committee recalls that Standard A2.3, paragraph 2, requires each Member to fix either a maximum number of hours of work, which shall not be exceeded in a given period of time, or a minimum number of hours of rest, which shall be provided in a given period of time, within the limits set out in Standard A2.3, paragraph 5. The Committee requests the Government to specify the system selected regarding hours of work and hours of rest and to indicate all the applicable measures that give effect to Standard A2.3, paragraphs 2 and 5.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. The Committee notes the lack of information concerning the measures taken to prohibit the division of hours of rest into more than two periods, one of which shall be at least six hours in length, and to ensure that the interval between two consecutive periods of rest does not exceed 14 hours, as required by Standard A2.3, paragraph 6. The Committee requests the Government to provide information on the measures taken to give effect to these requirements of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee observes that there is no legislative information pertaining to the requirements related to the mitigation of the disturbance caused by the various types of exercise and the provision of compensatory rest for seafarers once a normal situation has been restored, in conformity with Standard A2.3, paragraph 14. The Committee recalls that, in conformity with Standard A2.3, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the application of Standard A2.3, paragraph 14.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. The Committee observes that there is no available legislative information concerning the normal hours of work that seafarers must perform and, accordingly, the measures that have been adopted for seafarers under the age of 18. The Committee requests the Government to indicate how it ensures that the normal hours of work of seafarers include one day of rest per week and rest on public holidays, as required by Standard A2.3, paragraph 3.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes that there do not appear to be any national provisions concerning the requirements for records of daily hours of work or rest to be maintained, in a standardized format, and for seafarers to receive a copy of the records pertaining to them, endorsed by the master, or a person authorized by the master, and by the seafarers, in conformity with Standard A2.3, paragraph 12. The Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 2.4 and the Code, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that the Government’s report contains no information identifying provisions establishing an obligation for shipowners to grant shore leave to seafarers. The Committee recalls in this respect that each seafarer shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their position. The Committee accordingly requests the Government to indicate how it implements Regulation 2.4, paragraph 2.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. The Committee notes the Government’s indication that seafarers are entitled to 2.5 calendar days per month of employment. The Committee requests the Government to indicate the legislative basis giving effect to this Standard A2.4, paragraph 2.

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition of agreements to forgo paid annual leave. The Committee notes that the Government’s report contains no information on the implementation of this provision of the Convention. Recalling the vital importance of paid annual leave for the health and well-being of seafarers and for preventing fatigue, the Committee requests the Government to indicate the measures taken to prohibit any agreement to forgo the right to minimum annual leave with pay, as prescribed by Standard A2.4, paragraph 3.

Regulation 2.5 and Standard A2.5.1, paragraphs 1, 2(a) and 3. Repatriation. Circumstances. Prohibition of advance payment and to recover costs from seafarers. The Committee notes the circumstances in which a seafarer has a right to repatriation. It observes that only the shipowner may denounce the seafarers’ employment agreement, while the Convention provides that seafarer may also denounce such employment agreement. It further notes that the maximum period of service on board is one year. The Committee recalls that under Standard A2.5.1, paragraph 2(b), the maximum duration of service periods on board following which a seafarer is entitled to repatriation shall be less than 12 months. It considers that, from the combined reading of Standard A2.4, paragraphs 2 and 3 on annual leave and Standard A2.5.1, paragraph 2(b), the maximum continuous period of shipboard service without leave is in principle 11 months. The Committee accordingly requests the Government to indicate the measures adopted to give full effect to these requirements of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes the Government’s indications that drunkenness, insubordination, mutiny and ungrounded strike, criminal act, violation of customs laws and violation of national laws and regulations are circumstances in which a seafarer can be expected to pay for the cost of his or her repatriation. The Committee recalls that “each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations”. The Committee requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers’ employment obligations” (Standard A2.5.1, paragraph 3).

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes the Government’s indication that seafarers are entitled to one month salary paid by the shipowner for the repatriation. The Committee recalls that Standard A2.5, paragraph 2(c), provides that each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or collective bargaining agreements, prescribing the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation. The Committee further recalls that under Guideline B2.5.1, paragraphs 6 and 7, seafarers should have the right to choose the place to which they are to be repatriated among: the place at which they entered into the agreement; the place stipulated in collective agreement; the country of residence; or the place agreed upon at the time of engagement. The Committee requests the Government to provide information on: (i) the precise entitlements to be accorded by shipowners for repatriation (Standard A2.5.1, paragraph 2(c)); and (ii) how it has given due consideration to Guideline B2.5.1, paragraphs 6 and 7.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. The Committee notes that the Government has not indicated the kind of financial security that must be provided by ships flying its flag to cover the right of repatriation, in application of Regulation 2.5, paragraph 2. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has Sudan received requests to facilitate repatriation of a seafarer and, if yes, how did it respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease according to Standard A2.5.2, paragraph 11? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. Recalling that each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering, the Committee requests the Government to indicate the measures which give effect to Regulation 2.6 and Standard A2.6, paragraph 1.

Regulation 2.7 and the Code. Manning levels. The Committee notes that the Government has not provided information regarding the obligation to take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue by seafarers when determining the manning levels of ships, in accordance with Regulation 2.7 and paragraphs 1 and 2 of Standard A2.7. The Committee requests the Government to indicate how effect is given to this requirement of the Convention. The Committee also requests the Government to provide information on how complaints or disputes about determinations on the safe manning levels on a ship are investigated and settled (see guidance in Guideline B2.7). It further requests the Government to provide information on how, when determining manning levels, the competent authority takes into account the requirements set out in Regulation 3.2 and Standard A3.2 concerning food and catering. Finally, the Committee requests the Government to provide a typical example of a minimum safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it.

Regulation 2.8 and the Code. Career and skill development and employment opportunities. Noting the absence of information on the implementation of this Regulation, the Committee requests the Government to indicate any measures taken to give effect to these provisions of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. The Committee notes that Sudan has not ratified either the Accommodation of Crews Convention (Revised), 1949 (No. 92), or the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), which have been revised by the MLC, 2006. The Committee notes the Government’s indication that Sudan has no ships flying the national flag engaged on international voyages and therefore, has not adopted legislation to ensure that all ships covered by the Convention and flying the national flag maintain decent on-board accommodation and recreational facilities for seafarers. The Committee recalls that Standard A3.1, paragraph 1, provides that each Member shall adopt laws and regulations requiring that ships that fly its flag meet minimum standards with respect to accommodation and recreational facilities, and are inspected to ensure initial and ongoing compliance with those standards. The Committee requests the Government to take the necessary steps to give effect to Regulation 3.1 and Standard A3.1.

Regulation 3.1 and Standard A3.1, paragraphs 2 and 3. Accommodation and recreational facilities. The Committee notes that the Government has provided no adequate information on Standard A3.1, paragraph 2(a). The Committee therefore requests the Government to specify if the laws and regulations establishing the minimum standards for seafarers’ on-board accommodation and recreational facilities take account of the requirements in Regulation 4.3 and the Code regarding occupational safety and health and accident prevention. The Committee further notes that the Government has not indicated, in relation to Standard A3.1, paragraph 3, whether inspections required under Regulation 5.1.4 (inspections and enforcement) are carried out when a ship is registered or re-registered and/or when seafarer accommodation is substantially altered. The Committee requests the Government to indicate how it ensures that inspections required under Regulation 5.1.4 are carried out when a ship is registered or re-registered and/or when seafarer accommodation is substantially altered and to provide the relevant legislative or regulatory references.

Regulation 3.1 and Standard A3.1, paragraphs 6 and 10. Accommodation and recreational facilities. The Committee notes the Government’s indication that there be adequate and reasonable headroom, comfort and privacy in seafarers’ accommodation without providing more details information or legislative references. The Committee requests the Government to indicate how it applies the requirements concerning characteristics of accommodation (paragraph 6(a)-(f)); and location of mess rooms (paragraph 10(a)).

Regulation 3.1 and Standard A3.1, paragraph 6(h). Accommodation and recreational facilities. Health and safety protection and accident prevention. The Committee notes that, with regard to the application of Standard A3.1, paragraph 6(h) (preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors), the Government indicates that occupational and on-board environment must be acceptable for seafarers. The Committee recalls that the scope of Standard A3.1, paragraph 6(h), aims to prevent the risk of exposure to hazardous levels of noise, vibration, other ambient factors, and chemicals. The Committee requests the Government to provide information on the way in which it ensures that the requirements of Standard A3.1, paragraph 6(h), concerning noise and vibrations, are implemented and to specify the regulations that are adopted to this end.

Regulation 3.1 and Standard A3.1, paragraph 7. Accommodation and recreational facilities. Ventilation and heating. The Committee notes the Government’s indication that ongoing inspections of living areas and cleanliness and ventilation checks, which does not give effect to Standard A3.1, paragraph 7. The Committee recalls that this provision stipulates that sleeping rooms and mess rooms shall be adequately ventilated, and that all ships, except those regularly engaged in trade where temperate climatic conditions do not require this, shall be equipped with air conditioning for seafarer accommodation, for any separate radio room and for any centralized machinery control room. It also stipulates that all sanitary spaces shall have ventilation to the open air, independently of any other part of the accommodation. The Committee therefore requests the Government to indicate the measures taken to give effect to Standard A3.1, paragraph 7.

Regulation 3.1 and Standard A3.1, paragraph 8. Accommodation and recreational facilities. Lighting. The Committee notes the Government’s indication that lighting be natural and adequate. It recalls that Standard A3.1, paragraph 8, provides that, subject to such special arrangements as may be permitted in passenger ships, sleeping rooms and mess rooms shall be lit by natural light and provided with adequate artificial light. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the sleeping rooms and mess rooms are lit by natural light and provided with adequate artificial light.

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. The Committee notes that the Government provides no information on how it ensures the application of the minimum requirements for sleeping rooms as provided under Standard A3.1, paragraph 9((a)–(o)) of the Convention. The Committee therefore requests the Government to indicate the measures which give effect to Standard A3.1, paragraph 9.

Regulation 3.1 and Standard A3.1, paragraph 11. Accommodation and recreational facilities. Sanitary facilities. The Government has not provided information on the implementation of Standard A3.1, paragraph 11(a) (separate sanitary facilities for men and for women), Standard A3.1, paragraph 11(b) (sanitary facilities near the navigation bridge, the machinery space of the engine room control centre). The Committee therefore requests the Government to indicate how it gives effect to these provisions of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 12. Accommodation and recreational facilities. Hospital accommodation. The Committee notes the Government’s indication that there is a provision of the required medicines. The Committee recalls that the obligation to provide separate hospital accommodation applies to all vessels carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration; the competent authority may relax this requirement for ships engaged in coastal trade (Standard A3.1, paragraph 12). The Committee accordingly requests the Government to indicate the measures taken to give full effect to Standard A3.1, paragraph 12.

Regulation 3.1 and Standard A3.1, paragraph 15. Accommodation and recreational facilities. Ship’s offices. The Committee notes that Government’s indication that Sudan has no requirements implementing these provisions of the Convention. The Committee recalls that pursuant to Standard A3.1, paragraph 15 “all ships shall be provided with separate offices or a common ship’s office for use by deck and engine departments; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners’ and seafarers’ organizations concerned”. The Committee therefore requests the Government to indicate how its legislation implements this requirement of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 2(a). Food and catering. Religious and cultural practices. The Committee notes the Government’s reply that contains no legislative reference on the application of this provision of the Convention. It recalls that, pursuant to Regulation 3.2 and Standard A3.2, paragraph 2(a), each Member shall ensure that ships fly its flag carry on board shall serve food and drinking water which adequately covers the requirements of the ship and takes into account the differing cultural and religious backgrounds. Noting the absence of information, the Committee requests the Government to indicate the measures which give effect to Regulation 3.2 and Standard A3.2, paragraph 2(a) of the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 1, 2 and 7. Food and catering. Minimum Standards. Frequent inspections. The Government indicates that there are no national provisions requiring that the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions or requiring frequent documented inspections to be carried out on board ships. The Committee requests the Government to indicate how effect is given to Standard A3.2, paragraphs 2(b) and 7.

Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3 and 4. Food and catering. Training. The Committee notes the Government’s indication that there exist training centres approved by the competent authority without referring to the legislative text. The Committee accordingly requests the Government to indicate how it ensures that full effect is given to the requirements of Standard A3.2, paragraphs 2(c), 3 and 4.

Regulation 3.2 and Standard A3.2, paragraph 8. Food and catering. Ship’s Cook. Minimum Age. The Government’s report contains no legislative reference on the application of this provision of the Convention. The Committee requests the Government to indicate how it ensures that in no circumstances may a person under 18 years of age be employed or contracted to work as a cook on board a ship.

Regulation 4.1 and the Code. Medical care on board and ashore. The Government indicates that medical care is provided in case of emergencies and dental treatment without providing the legislative reference. While noting this information, the Committee requests the Government to provide information on how it ensures that seafarers on board Sudanese flagged vessels are given health protection and medical care as comparable as possible to that which is generally available to workers ashore (Standard A4.1, paragraph 1(b)). It further requests the Government to provide information on the measures in place to ensure that seafarers are permitted by the shipowner/master to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)). The Committee finally requests the Government to provide information on how it ensures that, in the case of occupational accidents and diseases, the shipowner bears the cost of medical care provided to all seafarers on board Sudanese flagged vessels when landed in a foreign port, irrespective of their nationality and place of residence (Standard A4.1, paragraph 1(d)).

Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Medicine chest, medical equipment and medical guide. The Committee notes the Government’s information according to which medical equipment and medical guides are inspected once a month. The Committee requests the Government to provide detailed information on the measures adopted to ensure that the detailed requirements of these provisions of the Convention are applied on board ships flying the Sudanese flag. The Committee also requests the Government to provide an example of the standard medical report form for seafarers and a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraphs 2 and 4(a)).

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Medical advice by radio or satellite. The Committee notes that the Government’s report contains no legislative reference giving effect to this provision of the Convention. The Committee therefore requests the Government to indicate the measures taken to ensure full compliance with Standard A4.1, paragraph 4(d).

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes the Government’s indication that Sudan has not adopted legal provisions on Shipowners’ liability giving effect to Regulation 4.2 and the Code. The Committee requests the Government to adopt the necessary measures to give full effect to the specific requirements of Standard A4.2.1, paragraphs 1 to 14.

Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee notes the Government’s indication that laws and regulations are being developed. The Committee requests the Government to provide information on any progress of the development of national laws and regulations, after consultation with representative shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health on board ships that fly its flag, as required by Regulation 4.3, paragraph 2, of the Convention, and to supply a copy thereof once adopted.

Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. The Committee notes that the Government does not provide adequate information on this issue. The Committee requests the Government to provide detailed information on the laws, regulations and other measures adopted to give effect to Standard A4.3, paragraphs 1 and 2. The Committee also notes that the Government has not provided an example of a Declaration of Maritime Labour Compliance (DMLC), Part II, outlining a shipowner’s practices or on-board programmes (including risk evaluation) for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8). The Committee requests the Government to provide these documents. It recalls that these measures shall be regularly reviewed in consultation with the representatives of the shipowners’ and seafarers’ organizations (Standard A4.3, paragraph 3). The Committee also requests the Government to provide information on the reporting and investigation procedures for on-board occupational accidents (Standard A4.3, paragraphs 1(d), 5 and 6).

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee notes the Government’s indication that it is not required under national legislation to have a safety committee which includes seafarer representatives for ships with five or more seafarers on board. The Committee requests the Government to take the necessary measures to give effect to Standard A4.3, paragraph 2(d).

Regulation 4.4 and Standard A4.4, paragraph 3. Access to shore-based welfare facilities. Welfare boards. Noting the absence of welfare boards in Sudan, the Committee requests the Government to provide information on any measures taken to encourage the establishment of welfare boards for regularly reviewing welfare facilities and services, as required by the Convention.

Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification and in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security for seafarers: medical care; sickness benefit and employment injury benefit. It further notes that dependants of seafarers ordinarily resident in Sudan are not provided with social security protection. The Committee recalls that, under Regulation 4.5, paragraph 1, each Member shall ensure that all seafarers and, to the extent provided for in its national law, their dependants have access to social security protection in accordance with the Code. The Committee requests the Government to adopt the necessary measures to ensure that dependants of seafarers ordinarily resident in Sudan territory are covered by social protection and, if necessary, to provide a detailed explanation of the manner in which such protection is ensured. The Committee further recalls that Standard A4.5, paragraph 3, requires a member to undertake steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory, including those working on ships operating under the flag of another country. The Committee accordingly requests the Government to indicate the national measures adopted or envisaged to give full effect to these provisions of the Convention. The Committee also requests the Government to indicate any bilateral or multilateral agreements in which Sudan participates in relation to social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2 and Standard A4.5, paragraphs 3, 4 and 8).

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes the Government’s indication that Sudan has not adopted measures for providing benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage. The Committee requests the Government to adopt the necessary measures to provide social benefits to seafarers who do not reside in Sudan territory, who work on ships flying the national flag and who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6; Guideline B4.5, paragraph 5).

Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. The Committee notes that the Government’s report contains no information on this issue. The Committee requests the Government to indicate how effect is given to this provision of the Convention.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. The Committee notes the Government’s indication that there is no basic structure for the inspection and certification of maritime labour conditions in accordance with Regulations 5.1.3 and 5.1.4 to ensure that the working and living conditions for seafarers on ships that fly Sudanese flag meet, and continue to meet, the standards in the Convention. While noting this information, the Committee requests the Government to take the necessary measures that give effect to: Regulation 5.1.3 and Standard A5.1.3, in respect of the cases in which a maritime labour certificate is required; the maximum period of validity of the Maritime Labour Certificate (Standard A5.1.3, paragraph 1); the scope of the prior inspection and the requirements for an intermediate inspection (Standard A5.1.3, paragraph 2); the provisions respecting the renewal of the certificate (Standard A5.1.3, paragraphs 3 and 4); the cases in which a maritime labour certificate may be issued on an interim basis, as well as the maximum period of validity and scope of the inspection (Standard A5.1.3, paragraphs 5 to 8); the requirements for posting the Maritime Labour Certificate and DMLC on the ship and making them available for review (Regulation 5.1.3, paragraph 6, and Standard A5.1.3, paragraphs 12 and 13); and the cases in which a Maritime Labour Certificate shall be withdrawn (Standard A5.1.3, paragraphs 16 and 17).

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee observes that the Government provides no information on the implementation of requirements concerning: (i) qualifications and training of inspectors, status and conditions of service ensuring that they are independent of changes of government and of improper external influences, as well as the standards of confidentiality for inspectors (Standard A5.1.4, paragraphs 3, 6, 10, 11 and 17 ); (ii) prohibition of a ship from leaving the port where inspectors have grounds to believe that deficiencies constitute a serious breach of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 7(c)); (iii) submission by inspectors of a copy of their report to the master of the ship and posting of another on the ship’s noticeboard for the information of the seafarers, and upon request, transmission of a copy to their representatives (Standard A5.1.4, paragraph 12); (iv) the procedures for receiving and investigating complaints (Standard A5.1.4, paragraphs 5); and (v) compensation for any loss of damage from the wrongful exercise of inspectors’ powers (Standard A5.1.4, paragraph 16). The Committee requests the Government to indicate how it gives effect to Standard A5.1.4, paragraphs 3, 5, 6, 7(c), 10, 11, 12, 16 and 17.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes the Government’s indication that there are no on-board complaint procedures which give seafarers the right to complain directly to the master (Standard A5.1.5, paragraph 2) or the right to be accompanied or represented during the complaints procedure (Standard A5.1.5, paragraph 3), and there is no obligation established to provide all seafarers with a copy of the applicable on-board complaint procedures as provided under Standard A5.1.5, paragraph 4. The Committee accordingly requests the Government to indicate the measures adopted to give effect to Standard A5.1.5.

Regulation 5.1.6, paragraphs 1 and 2. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes the Government’s indication that Sudan has no provisions giving effect to this provision of the Convention. The Committee recalls in this respect that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into “any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag”. The Committee requests the Government to indicate the measures taken to ensure full conformity with this requirement of the Convention.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the Government’s indication that Sudan has not established an effective port State inspection and monitoring system, for the purpose of reviewing compliance with the requirements of the Convention. The Committee therefore requests the Government to adopt the necessary measures and to provide detailed information on the procedures established to give full effect to Regulation 5.2.1, paragraph 2, and Standard A5.2.1, paragraphs 1 to 6.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the Government’s indication that Sudan is a member of the Indian Ocean Memorandum of Understanding. It further notes that authorized officers have not been given guidance as to the kinds of circumstances justifying detention of ship as provided for under Standard A5.2.1, paragraph 7. The Committee accordingly requests the Government to indicate the measures taken to give effect to these requirements of the Convention. The Committee also requests the Government to provide a copy of any national guidelines issued to inspectors in the implementation of Standard A5.2.1, paragraph 7.

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation in the event of a ship being unduly detained. In the absence of information provided by the Government, theCommittee requests the Government to indicate the provisions or legal principles pursuant to which compensation shall be paid for any loss or damage suffered if a ship is unduly detained or delayed, in conformity with Standard A5.2.1, paragraph 8.

Regulation 5.2.2 and Standard A5.2.2, paragraph 7. Port State responsibilities. Onshore seafarer complaint-handling procedures. Confidentiality of the complaints. The Committee notes the Government’s indication that national legislation does not provide for procedures, including steps taken to safeguard confidentiality, for seafarers calling at Sudan ports to report a complaint alleging breach of the requirements of the Convention in accordance with Regulation 5.2.2, paragraph 1, and Standard A5.2.2, paragraphs 1–7. The Committee requests the Government to provide information on measures taken to ensure full compliance with Regulation 5.2.2, paragraph 1, and Standard A5.2.2, paragraphs 1–7.