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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 1(c) and (d) 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 has noted the Government’s indication in its report that the Merchant Shipping Act has been revised in consultation with the International Maritime Organization, and the Bill is expected to be put before the National Assembly for consideration soon. The Committee expresses firm hope that the legislation will be brought into conformity with the Convention in the near future and requests the Government to communicate a copy of the Bill with its next report.
Article 1, subparagraphs c and d, 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 that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
Article 1(c) and (d) of the Convention. In its earlier comments, the Committee noted that under section 153 of the Merchant Shipping Act, 1992, 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 also noted the Government’s indication in its report of 2001 that it had been decided to revise the Prison Act, 1991, so that no prisoners would be liable to work while serving their sentences. The Committee expressed the hope that, whichever measures were contemplated to ensure the observance of the Convention, the Government would soon be in a position to indicate the necessary action taken in this regard.
The Government indicates in its latest report that both pieces of legislation referred to above are still under review. The Committee trusts that the necessary measures will at last be taken to bring the legislation into conformity with the Convention and requests the Government to report any progress made in this direction.
The Committee has noted the Government’s report.
The Committee has noted the Government’s reply to its earlier comments.
Article 1(c) and (d) of the Convention. The Committee previously noted that, under section 153 of the Merchant Shipping Act, 1992, 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) and a fine. 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. It expressed the hope that the necessary measures would be taken to bring the merchant shipping legislation into conformity with the Convention.
The Committee has noted the Government’s indication in its report that it was decided to revise the Prisons Act, 1991, so that no prisoners would be liable to work while serving their sentences. It hopes that, whichever measures are contemplated to ensure the observance of the Convention, the Government will soon be in a position to indicate the necessary action taken in this regard.
The Committee notes the Government’s indication in its latest report that sections 152 and 153 of the Merchant Shipping Act of 1992 have been submitted to the office of the Attorney-General for possible amendments.
Under the terms of section 153, any seaman who alone, or in combination with other seamen, 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 (which, in accordance with section 28(1) of the Prisons Act, 1991, involves compulsory labour) and a fine of Rps.25,000.
The Committee recalls the comments that it has been making since 1965 on the provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline, in violation of the requirements of the Convention. The Committee requests the Government to take the necessary measures to ensure observance of the Convention and to indicate in its next report the progress achieved in this respect.
1. Further to its previous comments, the Committee hopes that the Government's future reports will contain information on any developments regarding the maritime legislation, in relation to the requirements of Article 1(c) and (d) of the Convention.
2. The Committee has noted the comments received from the Seychelles Workers' Union. However, the Committee considers that matters raised have no incidence on the application of the Convention.
The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
Article 1(c) and (d) of the Convention. In previous comments the Committee referred to sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, 1951, under which seamen who desert their ships were liable to imprisonment (involving, under section 39 of the Prisons Act, Cap. 37, an obligation to work), as well as to forcible return on board ship, and seamen who combine for the purpose of disobeying commands or who neglect their responsibilities or hinder the navigation of the ship were also liable to imprisonment.
The Committee noted from the Government's report for the period 1991-94 that, while both the Local Trading Vessels Ordinance and the Prisons Act have been revised to be replaced by the Merchant Shipping Act 13 of 1992 and the Prisons Act 18 of 1991, sections 152 and 153 of the Merchant Shipping Act contain similar provisions to those of sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, and section 39 of the Prisons Act, Cap. 37, has been maintained in the Prisons Act 1991 by its section 28.
The Government, however, pointed out that it should be noted that though the Merchant Shipping Act has been promulgated, it has not entered into force; that the Constitution in its Schedule 7.2(1) makes provisions for all the existing laws which are inconsistent to the Seychellois Charter of Human Rights (article 17 of the Constitution of the Republic of Seychelles) to be progressively revised, and that consequently, the provisions of the Merchant Shipping Act and the Prisons Act which are not consistent with the provisions of the Forced Labour Convention have been referred to the authorities concerned for their rectification; and that the Government hopes to communicate the amendments made in its next report.
The Committee looks forward to learning of the amendments made.
The Committee has noted these indications with interest and looks forward to learning of the amendments made.
The Committee notes the information supplied by the Government in its report.
The Committee notes from the Government's report that, while both the Local Trading Vessels Ordinance and the Prisons Act have been revised to be replaced by the Merchant Shipping Act 13 of 1992 and the Prisons Act 18 of 1991, sections 152 and 153 of the Merchant Shipping Act contain similar provisions to those of sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, and section 39 of the Prisons Act, Cap. 37, has been maintained in the Prisons Act 1991 by its section 28.
The Government, however, points out that it should be noted that though the Merchant Shipping Act has been promulgated, it has not entered into force; that the Constitution in its Schedule 7.2(1) makes provisions for all the existing laws which are inconsistent to the Seychellois Charter of Human Rights (article 17 of the Constitution of the Republic of Seychelles) to be progressively revised, and that consequently, the provisions of the Merchant Shipping Act and the Prisons Act which are not consistent with the provisions of the Forced Labour Convention have been referred to the authorities concerned for their rectification; and that the Government hopes to communicate the amendments made in its next report.
The Committee notes these indications with interest and looks forward to learning of the amendments made.
1. Article 1(c) and (d) of the Convention. In previous comments the Committee referred to sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, 1951, under which seamen who desert their ships are liable to imprisonment (involving, under section 39 of the Prisons Act, Cap. 37, an obligation to work), as well as to forcible return on board ship, and seamen who combine for the purpose of disobeying commands or who neglect their responsibilities or hinder the navigation of the ship may also suffer imprisonment.
The Government having indicated in its report for the period ending 30 June 1985 that it would shortly be revising all the Laws and that it had taken note of the inconsistency referred to in the direct request, the Committee expressed the hope that the Government, in the course of its impending revision of all the Laws of Seychelles would give consideration to bringing the Merchant Shipping legislation into conformity with the Convention.
The Committee noted the Government's information in its report for the period ending 30 June 1989 that a review of the Local Trading Vessels Ordinance, 1951, is under way and that these provisions have not been applied in recent years.
The Committee again expresses the hope that the Government will soon be in a position to report that the appropriate amendments have been adopted so as to bring the Merchant Shipping legislation into conformity with the Convention as well as with the indicated practice.
2. The Committee would appreciate the Government providing with its next report a copy of the National Youth Service Act No. 33 of 1980, with subsequent amendments, as well as any recent information on the application in practice of the Act.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
The Committee notes the Government's information in its latest report that a review of the Local Trading Vessels Ordinance, 1951, is under way and that these provisions have not been applied in recent years.
The Committee hopes that the Government will soon be in a position to report that the appropriate amendments have been adopted so as to bring the Merchant Shipping legislation into conformity with the Convention as well as with the indicated practice.