CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Bahamas (RATIFICATION: 1976)

Other comments on C105

Observation

Direct Request

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Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For many years, the Committee has been referring to certain provisions of the 1976 Merchant Shipping Act (sections 129(b) and (c); 131(a) and (b) and 135), under which various breaches of labour discipline are punishable with imprisonment (involving an obligation to work, under section 10 of the Prisons Act and rules 76 and 95 of the Prison Rules) and deserting seafarers from ships registered in another country may be forcibly conveyed on board the ship. The Committee also noted that under sections 129(b) and (c) and 131(a) and (b) of the Merchant Shipping Act (Chapter 268) of 2006 penalties of imprisonment are still applied for breaches of discipline such as disobedience to lawful command, desertion and absence without leave. It further noted the adoption of the Merchant Shipping Regulations of 2012, which amends the First Schedule to the Merchant Shipping (Chapter 268), but do not contain any provision with regard to disciplinary measures applicable to seafarers. The Committee therefore requested the Government to indicate whether or not sections 129(b) and (c) and 131(a) and (b) of the Merchant Shipping Act (Chapter 268) of 2006 had been amended.

The Committee notes the Government’s information in its report that the concerned provisions have not been amended. The Committee therefore requests the Government to take the necessary measures to ensure that the abovementioned provisions of the Merchant Shipping Act are amended, in order to ensure that no sanctions for breaches of labour discipline involving compulsory labour are applicable to seafarers.

Article 1(d). Punishment for having participated in strikes. Over a number of years, the Committee has been referring to section 73 of the 1970 Industrial Relations Act, as amended, under which the minister may refer a dispute in non-essential services to the tribunal for settlement, if he considers that a public interest so requires; recourse to strike action in this situation is prohibited. Under sections 74(3) and 77(2)(a) of the same Act, violation of the prohibition is punishable with penalties of imprisonment (involving an obligation to perform labour, as explained above). The Committee had also noted the non-conformity with the Convention of section 76(1), according to which, a strike which, in the opinion of the minister, affects or threatens the public interest, might also be referred to the tribunal for settlement, failure to discontinue the participation in such a strike being punishable with imprisonment under section 76(2)(b). The Committee further noted that sections 73, 74(3), 76(1), 76(2)(b), and 77(2)(a) under consideration were not amended during the amendment to the Industrial Relations Act in 2012. The Government indicated that it would further review the provisions of the domestic law with a view to ensuring compliance with the Convention.

The Committee notes the Government’s information that the Industrial Relations Act was amended in 2017. However, the concerned provisions have not been amended to ensure compliance with the Convention. The Government states that discussions on the improvement of the Industrial Relations Act are ongoing and that this issue will also be discussed with the Tripartite Council for further consideration. The Committee once again requests the Government to take the necessary measures to ensure that the abovementioned provisions of the Industrial Relations Act are amended, so that persons organizing or peacefully participating in a strike are not liable to imprisonment involving an obligation to work.