CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Seychelles (RATIFICATION: 1978)

Other comments on C105

Observation

Direct Request

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Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 153 of the Merchant Shipping Act, 1992, under which any seafarer who, alone, or in combination with other seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship is liable to a sentence of imprisonment of five years (involving an obligation to perform labour, in accordance with section 28(1) of the Prisons Act 1991). The Committee recalled that provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline are contrary to the Convention and that only sanctions relating to acts endangering the ship or the life or health of persons are not covered by the Convention.

The Committee notes the Government’s statement that it is undertaking a revision of the Merchant Shipping Act, and that the Committee’s comments will be taken into account. The Government indicates in this regard that it is proposed to replace the current penalty with a pecuniary sanction, in order to meet the obligations under the Convention. The Committee requests the Government to pursue its efforts, within the framework of this revision to ensure that no penalty of imprisonment (involving compulsory labour) may be imposed as a punishment of labour discipline and to indicate the current stage of the revision process of the Merchant Shipping Act. It requests the Government to provide a copy of the revised legislation, once adopted.

Article 1(d). Sanctions for participating in strikes. The Committee previously noted that pursuant to section 56(1) of the Industrial Relations Act, any person who calls, institutes, organises, carries on, participates, procures or invites another person to take part in an unlawful strike or lockout shall be punished with a fine and imprisonment for a term of six months (involving an obligation to perform labour). It requested information on the application of this provision in practice.

The Committee notes the Government’s statement that while there have been unlawful strikes, section 56(1) of the Industrial Relations Act has not been applied. The Government also states that section 56(1) cannot be applied for the peaceful participation in peaceful strikes, and that it can only be applied with regard to unlawful strikes constituting criminal offences. In this regard, and with reference to its comment made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee observes that section 52(4) of the Industrial Relations Act allows the minister to declare a strike to be unlawful if he or she is of the opinion that its continuance would endanger, amongst other things, “public order or the national economy”. The Committee therefore observes that it appears that, in legislation, a strike could be declared “unlawful” even if conducted peacefully, and accordingly, a sanction of imprisonment (involving compulsory labour) could be imposed on a person peacefully participating in such a strike.

In this regard, the Committee welcomes the Government’s statement that the Industrial Relations Act is currently under review, and when section 56 is discussed, due consideration will be given to the Committee’s comments. The Committee therefore requests the Government to take the necessary measures, within the framework of the review of the Industrial Relations Act, to bring the legislation into conformity with the Convention by ensuring that that no sanctions of imprisonment (involving compulsory labour) can be imposed for the peaceful participation in a strike. Pending the adoption of such measures, the Committee requests the Government to continue to provide any available information on the application of section 56(1) of the Industrial Relations Act in practice.