CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Ghana (RATIFICATION: 1958)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Sanctions involving compulsory labour for violations of legislation on the press and communications. In its previous comments, the Committee noted that section 3 of the Newspaper Licensing Decree, 1973 which establishes penal sanctions involving compulsory labour for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing, is incompatible with Article 1(a) of the Convention. The Committee requested the Government to indicate whether or not the Newspaper Licensing Decree of 1973 had been amended.

The Committee notes with interest the Government’s indication in its report that the Newspaper Licensing Decree of 1973 has been repealed by the Newspaper Licensing (Repeal) Decree of 1979. Moreover, newspaper licensing is not required as per section 162(3) of the Constitution of 1992 which states that “there shall be no impediments to the establishment of private press or media; and in particular, there shall be no law requiring any person to obtain a licence as a prerequisite to the establishment or operation of a newspaper, journal or other media for mass communication or information”.

Article 1(c). Disciplinary measures applicable to seafarers. In its previous comments the Committee observed that the penal sanctions for disciplinary offences under the Merchant Shipping Act No. 645 of 2003 involved compulsory prison labour. It noted that according to section 168(1)(b) and (e), seafarers may be imprisoned for one month and six months, respectively, if guilty of wilful disobedience and neglect of duty, and that under section 169(1) and (2) of the same Act, deserting seafarers or seafarers absent without leave may be imprisoned for two months. The Committee requested the Government to take the necessary measures to review the above provisions.

The Committee notes the Government’s statement that measures are under way to review the Merchant Shipping Act of 2003. In this regard, referring to its General Survey on the fundamental Conventions, 2012, paragraph 312, the Committee recalls that Article 1(c) of the Convention expressly prohibits the use of any form of compulsory labour as a means of labour discipline, as the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Such sanctions may be imposed only in cases where the safety of the ship or the life or health of the persons on board is endangered. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to review sections 168(1)(b)(e) and 169(1) and (2) of the Merchant Shipping Act with a view to ensuring that breaches of labour discipline, which do not endanger the safety of the vessel or the life or health of persons on board, are not punishable with a prison sentence involving compulsory labour. The Committee requests the Government to provide information on any progress made in this regard.