Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Abolition of Forced Labour Convention, 1957 (No. 105) - South Africa (Ratification: 1997)

Other comments on C105

Observation

Direct Request

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Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. The Committee previously noted that sections 321, 322 and 180(2)(b) of the Merchant Shipping Act of 1951, as amended, provide for the forcible conveyance of seafarers on board ship to perform their duties, and recalled that measures to ensure the due performance of a worker’s service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with Article 1(c) of the Convention. The Committee noted that the Merchant Shipping Act also provided for penalties of imprisonment (involving an obligation to perform labour, under section 37(1)(b) of the Correctional Services Act, 1998) for breaches of discipline by seafarers. The Committee observed that these provisions were not limited to acts or omissions leading to the immediate loss, destruction or serious damage of the ship, or endangering the life of, or causing injury to, persons on board and were thus incompatible with Article 1(c) of the Convention. However, the Committee noted the Government’s indication that the Merchant Shipping Act was being reviewed in light of the issues raised under Article 1(c) of the Convention, and that the Government had put forward proposed amendments to the Merchant Shipping Act in order to enable the country to ratify both the Maritime Labour Convention, 2006 (MLC, 2006), and the Work in Fishing Convention, 2007 (No. 188).

The Committee notes the Government’s indication that the proposed amendments to the Merchant Shipping Act have been submitted to the National Economic Development and Labour Council (NEDLAC). The Committee notes the Government’s indication that these amendments address the employment conditions of seafarers, involving particularly a modernization of the provisions of Chapter 4 of the Merchant Shipping Act. In this regard, the Committee notes that Chapter 4 provides for penalties of imprisonment (pursuant to section 313) for the following offences: wilfully disobeying any lawful command or neglecting duty (section 174(2)(b) and (c)); combining 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)); preventing, hindering or retarding the loading, unloading or departure of the ship (section 174(2)(f)); desertion (section 175(1) and (2)); and absence without leave (section 176(1) and (2)). The Committee requests the Government to take the necessary measures, in the framework of the revision of Chapter 4 of the Merchant Shipping Act, to ensure that the offences outlined in sections 174(2)(b), (c), (d) and (f), as well as sections 175(1)–(2) and 176(1) and (2) are not punishable with penalties of imprisonment involving compulsory labour, where the ship or the life or health of persons are not endangered, in conformity with Article 1(c) of the Convention. Moreover, the Committee requests the Government to take the necessary measures to ensure that sections 321 and 322 of the Merchant Shipping Act (providing for the forcible conveyance of seafarers on board a ship) are repealed, or to restrict their application to situations where the ship or the life or health of persons are endangered, in conformity with the Convention. The Committee requests the Government to provide information in its next report on the progress made in this regard, and to provide a copy of the revised Merchant Shipping Act, once adopted.

Communication of texts. The Committee once again requests the Government to supply copies of the provisions governing the press, public assemblies, meetings and demonstrations, so that the Committee can ascertain their conformity with the Convention.