Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the Merchant Shipping legislation, under which penalties of imprisonment (involving compulsory prison labour, by virtue of section 66 of the Prison Rules) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and deserted seafarers may be forcibly returned on board ship (section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234, Revised Edition, 2000).

The Committee again refers to the explanations provided in
paragraphs 179–181 of its General Survey of 2007 on the eradication of forced labour, in which it pointed out that, under the Convention, the imposition of sanctions involving compulsory labour in relation to disciplinary offences or strikes should be limited to acts tending to endanger the ship or the life or health of persons. The Committee also pointed out that that provisions under which seafarers may be forcibly returned on board ship to perform their duties are incompatible with the forced labour Conventions.

While noting the Government’s indication that the Committee’s comments will be submitted to the Labour Advisory Board for consultation with the relevant authorities, the Committee reiterates the firm hope that the necessary measures will soon be taken with a view to bringing the merchant shipping legislation into conformity with the Convention. It requests the Government to provide, in its next report, information on the action taken to this end.