Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(c) and (d) of the Convention. In the comments that it has been making for many years, the Committee has noted that under section 153, subsections 1, 4, 5 and 9 (read in conjunction with section 156), and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963) certain breaches of discipline by seafarers are punishable by imprisonment involving compulsory labour by virtue of Act No. 22/84 of 29 December 1984 regulating prison labour. The Committee notes once again the Government's repeated statement in its report to the effect that the Merchant Shipping Code is currently being revised and that the Committee's comments will be taken into account. The Committee once again hopes that the draft texts that are under examination will ensure that sentences of imprisonment involving compulsory labour cannot be inflicted on seafarers for breaches of discipline that do not endanger the safety of the vessel or of persons, and that the Government will soon report that the legislation has been thus amended.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.