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Abolition of Forced Labour Convention, 1957 (No. 105) - Namibia (RATIFICATION: 2000)

Other comments on C105

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Article 1(c) of the Convention. Sanctions involving compulsory labour as disciplinary measures applicable to seafarers. The Committee recalls that, pursuant to section 313(2) of the Merchant Shipping Act No. 57 of 1951, penalties of imprisonment (involving, by virtue of section 95 of the Correctional Service Act No. 9 of 2012 an obligation to perform labour) may be imposed on seafarers guilty of: (1) continued wilful disobedience to lawful commands or continued wilful neglect of duty (section 174(2)(c)); (2) combination with any of the crew to disobey lawful commands, neglect duty, impede the navigation of the ship or retard the progress of the voyage (section 174(2)(d)); and (3) preventing, hindering or retarding the loading, unloading or departure of the ship (section 174(2)(f)). Sections 321 and 322 of the Merchant Shipping Act further provide for the forcible conveyance of seafarers on board ship, for seafarers sentenced to imprisonment for the offence of desertion (section 175) or absence without leave (section 176) or other breach of discipline.

The Committee notes the Government’s indication, in its report, that the process of repealing the Merchant Shipping Act is still on going. The Government adds that a copy of both the Namibia Maritime Authority Bill and the Merchant Shipping Bill will be forwarded to the Office once they have been passed into law. The Committee notes the lack of progress made in that regard since the beginning of this revision process started in 2012. The Committee wishes to recall that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline. It further recalls that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience, are incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship, or the life or health of persons (such as provided for in section 174(1) of the Merchant Shipping Act) are excluded from the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 309–312). The Committee requests the Government to take the necessary measures, including in the context of the revision of the Merchant Shipping Act, to ensure that, where the ship or the life or health of persons are not endangered, no penalties of imprisonment involving compulsory labour or forcible conveyance of seafarers on board ship may be imposed for breaches of labour discipline such as desertion, absence without leave, disobedience and neglect of duty, including for the offences regulated under sections 174(2)(c), (d) and (f); 175 and 176 of the Merchant Shipping Act. It asks the Government to provide a copy of the revised Merchant Shipping Act, once adopted.