Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1, subparagraph c, of the Convention. Imposition of sentences of imprisonment involving the obligation to work as a means of labour discipline. In its previous comments, the Committee once again drew the Government’s attention to the fact that sections 1091(1) and 1094(1) of the Maritime Code are not compatible with the Convention. By virtue of these provisions, sentences of imprisonment may be imposed upon maritime and aeronautical transport staff in the event of desertion resulting in considerable difficulties in the navigation service, and in the event of insubordination in a technical service of a ship or an aircraft (sections 1091(1) and 1094(1), respectively). Under the terms of section 23(1) of the Penal Code, sentences of imprisonment involve the obligation to work. The Committee emphasized in this respect that the imposition of this type of penalty (sentences of imprisonment involving the obligation to work) should be restricted to acts endangering the safety of the vessel or the life or health of persons, as envisaged in section 1091(3) and section 1094(3, second part) and (4).

The Government indicates in its latest report that the legal department of the Ministry of Infrastructure and Transport confirmed, in a note dated 25 September 2008, that a draft amendment to sections 1091 and 1094 of the Maritime Code had been submitted. The draft text still envisages these offences, but limits their scope to cases in which the desertion or insubordination of a crew member endangers the safety of navigation or the life or health of persons on board. It adds that the Office will be duly informed when the draft text is formally adopted.

The Committee notes this information. While noting that the Government had previously indicated that sections 1091(1) and 1094(1) of the Maritime Code are not applied in practice, the Committee regrets that none of the various draft texts to amend these provisions, to which the Government has been referring for a number of years, have been adopted. It trusts that the Government will make every effort to amend these sections of the Maritime Code so that only acts endangering the safety of the vessel or the life or health of persons on board are punishable by sentences of imprisonment, thereby ensuring compliance with the Convention on this point.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(c) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as a means of labour discipline. For many years, the Committee has been drawing the Government’s attention to the fact that sections 1091(1) and 1094(1) of the Maritime Code are not compatible with the Convention. By virtue of these provisions, sentences of imprisonment (which, under section 23(1) of the Penal Code, involve the obligation to work) may be imposed upon maritime and aeronautical transport staff in the event of desertion, if it results in considerable difficulty in the navigation service, and in the event of insubordination in a technical service of a ship or an aircraft (sections 1091(1) and 1094(1), respectively). The Committee emphasized in this respect that the imposition of this type of penalty (sentences of imprisonment involving the obligation to work) should be restricted to acts endangering the safety of the vessel or the life or health of persons, as envisaged in section 1091(3) and section 1094(3, second part), and (4).

The Government has indicated on several occasions that these provisions are not applied in practice. Furthermore, it specified in its report provided in 2001 that the Maritime and Inland Navigation Department of the Ministry of Transport and Navigation had been asked to take steps with a view to amending the above provisions and that the Department would draw attention, when the Maritime Code is being reviewed, to the necessity for the offences covered by sections 1091 and 1094 to be reclassified as mere administrative offences subject to administrative penalties. The Committee notes the Government’s indication in its last report that the Maritime and Inland Navigation Department of the Ministry of Infrastructure and Transport has not provided further information concerning the amendment of sections 1091 and 1094 of the Maritime Code.

The Committee hopes that in its next report the Government will be able to provide information on the progress achieved in the adoption of measures to amend sections 1091(1) and 1094(1) of the Maritime Code so as to ensure that only acts endangering the safety of the vessel or the life or health of persons on board are punishable by penal sanctions, which in this case consist of sentences of imprisonment involving the obligation to work.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s reply to its earlier comments.

Article 1(c) of the Convention. For a number of years, the Committee has been commenting on sections 1091 and 1094 of the Maritime Code. Sentences of imprisonment involving compulsory labour (section 23(1) of the Penal Code) may be imposed on naval and aeronautical staff under section 1091(1), in the event of desertion if it results in considerable difficulty in the navigation service; and under section 1094(1), in the event of insubordination in a technical service of a ship or an aircraft. The Committee has noted on many occasions the Government’s repeated statement that sections 1091 and 1094 of the Maritime Code are no longer applied in practice.

The Committee previously noted the Government’s indication in its 2001 report that the Maritime and Inland Navigation Department of the Ministry of Transport and Navigation had been asked to take steps with a view to amending the abovementioned provisions, so as to restrict the use of punishments laid down therein solely to acts which endanger the vessel or life and limb. The Committee also noted the note by the Maritime and Inland Navigation Department, communicated by the Government, in which it is stated that, when the Maritime Code is being reviewed, this Department will draw attention to the necessity to reduce the breaches described in sections 1091 and 1094 to administrative offences subject to administrative penalties.

In its latest report, the Government indicates that the question of turning violations punished under sections 1091 and 1094 into administrative offences subject to administrative penalties is still being examined by the competent authorities.

The Committee expresses the firm hope that the Maritime Code will soon be amended so as to restrict the application of penalties involving compulsory labour to acts endangering the safety of the vessel or the life or health of persons. It requests the Government to provide, in its next report, information on the progress made in this regard.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

Article 1(c) of the Convention. For a number of years, the Committee has been commenting on sections 1091 and 1094 of the Maritime Code. Sentences of imprisonment involving compulsory labour (section 23(1) of the Penal Code) may be imposed on naval and aeronautical staff under section 1091(1), in the event of desertion if it results in considerable difficulty in the navigation service; and under section 1094(1), in the event of insubordination in a technical service of a ship or an aircraft. The Committee has noted on many occasions the Government’s repeated statement that sections 1091 and 1094 of the Maritime Code are no longer applied in practice.

The Committee notes the Government’s indication in the report that the Maritime and Inland Navigation Department, of the Ministry of Transport and Navigation, has been asked to take steps with a view to amending the abovementioned provisions, so as to restrict the use of punishments laid down therein solely to acts which endanger the vessel or the life or health of persons. The Committee also notes the note by the Maritime and Inland Navigation Department, communicated by the Government, in which it is stated that, when the Maritime Code is being reviewed, this Department will draw attention to the necessity to reduce the breaches described in sections 1091 and 1094 to administrative offences subject to administrative penalties.

The Committee reiterates its hope that amendments will soon be made to the Maritime Code with a view to restricting the application of penalties including compulsory labour to acts endangering the safety of the vessel or the life or health of persons.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

Article 1(c) of the Convention. The Committee has been commenting for a number of years on sections 1091 and 1094 of the Maritime Code. Sentences of imprisonment involving compulsory work (section 23(1) of the Penal Code) may be imposed on naval and aeronautical staff under section 1091(1), in the event of desertion if it results in considerable difficulty in the navigation service; and under section 1094(1), in the event of insubordination in a technical service of a shop or an aircraft.

The Committee has noted on many occasions the Government's statements that section 1091 and 1094 of the Maritime Code are no longer applied in practice.

The Committee notes that the Government confirms the practice in its last report but reiterates that these provisions were taken for the safety of navigation and of human life at sea and consequently the Government does not envisage the possibility of amending them. The Committee recalls that specific penalties for acts endangering the life or health of persons or the safety of the vessel or the aircraft are provided for under section 1091(3), and in the second part of section 1094(3) of the Code. As the Committee explains in paragraph 110 of its 1979 General Survey on the abolition of forced or compulsory labour, such sanctions do not fall within the scope of the Convention; in these cases however, there must exist an effective danger, not mere inconvenience. The Committee hopes the Government will be able to review its position on this question and take the measures necessary, during the current revision of the Codes, in particular the Maritime Code, to restrict the application of penalties including compulsory work to acts endangering the safety of the vessel or the life or health of persons.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the Government's report.

In its previous comments the Committee commented on sections 1091 and 1094 of the Maritime Code, which can result in sentences of imprisonment involving compulsory work in cases of desertion or in certain cases of insubordination, which would not be in conformity with Article 1(c) of the Convention. The Committee had already noted the Government's statement to the effect that these provisions were not applied in practice. The Committee also notes that, according to the Government's report, these provisions needed to be seen in the light of the need to protect the physical integrity and lives of persons on board ships. In order to ensure full conformity with the Convention, the Committee invites the Government to amend the provisions in question at the next revision of the Maritime Code or, as it had previously envisaged, to repeal the penalties, given that they are no longer applied.

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

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 matters raised in its previous direct request, which read as follows:

Article 1(c) of the Convention. In the comments that it has been making for many years, the Committee has referred to sections 1091 and 1094 of the Maritime Code. Penalties of imprisonment, involving compulsory labour (section 23(1) of the Penal Code), may be imposed on naval and aeronautical staff under section 1091(1) in the event of desertion if it results in considerable difficulty in the navigation service; and under section 1094(1), in the event of insubordination in a technical service of a ship or an aircraft.

The Committee has noted on many occasions the Government's statement that sections 1091 and 1094 of the Maritime Code were no longer applied in practice.

The Committee notes that in its latest report the Government states that sections 1091 and 1094 above are intended to protect the State and the security of the navigation service and that the above is unrelated to the issue of forced labour.

The Committee recalls that forced labour in all its forms, including forced labour in prison, comes within the scope of the Convention when it is imposed in one of the five cases specified by the Convention.

The Committee once again hopes that the Government will take the necessary measures to comply with the Convention on this matter.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 1(c) of the Convention. In the comments that it has been making for many years, the Committee has referred to sections 1091 and 1094 of the Maritime Code. Penalties of imprisonment, involving compulsory labour (section 23(1) of the Penal Code), may be imposed on naval and aeronautical staff under section 1091(1) in the event of desertion if it results in considerable difficulty in the navigation service; and under section 1094(1), in the event of insubordination in a technical service of a ship or an aircraft.

The Committee has noted on many occasions the Government's statement that sections 1091 and 1094 of the Maritime Code were no longer applied in practice.

The Committee notes that in its latest report the Government states that sections 1091 and 1094 above are intended to protect the State and the security of the navigation service and that the above is unrelated to the issue of forced labour.

The Committee recalls that forced labour in all its forms, including forced labour in prison, comes within the scope of the Convention when it is imposed in one of the five cases specified by the Convention.

The Committee once again hopes that the Government will take the necessary measures to comply with the Convention on this matter.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 1(c) of the Convention. In comments it has been making for many years, the Committee has referred to sections 1091 and 1094 of the Maritime Code. Penalties of imprisonment, involving compulsory labour (section 23(1) of the Penal Code), may be imposed on naval and aeronautical staff, under section 1091(1), in the event of desertion if it results in considerable difficulty in the navigation service; and under section 1094(1) in the event of insubordination in a technical service of a ship or an aircraft.

The Committee noted the Government's statement in its 1984 report that sections 1091 and 1094 of the Maritime Code were no longer applied in practice and that a Bill was planned to depenalize them.

The Committee notes that in its last report the Government reiterates this statement. It hopes that the Government will shortly be able to indicate that the Bill has been adopted, so as to ensure observance of the Convention in this respect.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 1(c) of the Convention

1. The Committee noted with interest the Government's statement in its report received in 1984 that sections 1091 and 1094 of the Maritime Code are no longer applied in practice and that it is planned to depenalise them. The Committee notes that the Government's last report contains no information on this matter.

The Committee hopes that the Government will be able to inform it of the measures that have been taken in this respect in its next report.

2. The Committee notes the information supplied by the Government concerning the application of sections 328, 331 and 333 of the Penal Code, under which sentences of imprisonment (involving compulsory labour under the terms of section 23(1) of the Penal Code) may be imposed upon public servants and persons responsible for performing a public service in the event of unjustified refusal or failure to perform or delay in performing their functions or service, or interruption or abandonment of their duties in such a way as to disturb, or with a view to disturbing the regularity of the service.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 1(a) of the Convention. The Committee notes with satisfaction that, by virtue of decision No. 193 of 28 June 1985 of the Constitutional Court, section 273 of the Penal Code, according to which "any person who, without the authorisation of the Government, founds, establishes, organises or manages, on the territory of the State, associations, organisations or institutions of an international character, or divisions of these associations, shall be liable to imprisonment for up to six months" was invalidated. (Sentences of imprisonment, under sections 23(1) and 25(1) of the Penal Code, involve compulsory labour.)