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Repetition Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the 1894 United Kingdom Merchant Shipping Act, which was in force in Grenada, under which various breaches of labour discipline by seafarers not endangering the ship or the life or health of persons were punishable with imprisonment (involving an obligation to perform labour) and deserting seafarers might be forcibly returned to their ship to perform their duties. The Committee had noted that under sections 185(b) and (c), and 186(a) and (b) of the Shipping Act, 1994, No. 47, which repealed the 1894 Act, penalties of imprisonment still may be imposed for breaches of discipline such as disobedience to lawful command, neglect of duty, desertion and absence without leave. Moreover, section 191 of the Act provides for the forcible conveyance of deserting seafarers to ships registered in another country, where it appears to the minister that reciprocal arrangements will be made in that country.The Committee notes the Government’s indication in its report that it endorses the comments made by the Committee to have the above-mentioned legislation amended to comply with Article 1(c) of the Convention. The Government states that it remains committed to ensuring that the competent authority (Ministry of Legal Affairs) amends the provisions of the Shipping Act, either by repealing the sections involving compulsory labour or by restricting their application to situations where the ship or life or health of persons are endangered with a view to bringing the legislation into conformity with the Convention. The Committee therefore reiterates its hope that the necessary measures will at last be taken with a view to amending the above provisions of the Shipping Act, either by repealing sanctions involving compulsory labour or by restricting their application to situations where the ship or the life or health of persons are endangered (as it is the case, for example, in section 184 of the same Act), so as to bring the legislation into conformity with the Convention. The Committee requests the Government to provide, in its next report, information on progress made in this regard.
Repetition Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the 1894 United Kingdom Merchant Shipping Act, which was in force in Grenada, under which various breaches of labour discipline by seafarers not endangering the ship or the life or health of persons were punishable with imprisonment (involving an obligation to perform labour) and deserting seafarers might be forcibly returned to their ship to perform their duties. The Committee had noted that under sections 185(b) and (c), and 186(a) and (b) of the Shipping Act, 1994, No. 47, which repealed the 1894 Act, penalties of imprisonment still may be imposed for breaches of discipline such as disobedience to lawful command, neglect of duty, desertion and absence without leave. Moreover, section 191 of the Act provides for the forcible conveyance of deserting seafarers to ships registered in another country, where it appears to the minister that reciprocal arrangements will be made in that country.The Committee notes the Government’s indication in its report that it endorses the comments made by the Committee to have the above-mentioned legislation amended to comply with Article 1(c)of the Convention. The Government states that it remains committed to ensuring that the competent authority (Ministry of Legal Affairs) amends the provisions of the Shipping Act, either by repealing the sections involving compulsory labour or by restricting their application to situations where the ship or life or health of persons are endangered with a view to bringing the legislation into conformity with the Convention.The Committee therefore reiterates its hope that the necessary measures will at last be taken with a view to amending the above provisions of the Shipping Act, either by repealing sanctions involving compulsory labour or by restricting their application to situations where the ship or the life or health of persons are endangered (as it is the case, for example, in section 184 of the same Act), so as to bring the legislation into conformity with the Convention. The Committee requests the Government to provide, in its next report, information on progress made in this regard.
Repetition Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the 1894 United Kingdom Merchant Shipping Act, which was in force in Grenada, under which various breaches of labour discipline by seafarers not endangering the ship or the life or health of persons were punishable with imprisonment (involving an obligation to perform labour) and deserting seafarers might be forcibly returned to their ship to perform their duties. The Committee had noted that under sections 185(b) and (c), and 186(a) and (b) of the Shipping Act, 1994, No. 47, which repealed the 1894 Act, penalties of imprisonment still may be imposed for breaches of discipline such as disobedience to lawful command, neglect of duty, desertion and absence without leave. Moreover, section 191 of the Act provides for the forcible conveyance of deserting seafarers to ships registered in another country, where it appears to the minister that reciprocal arrangements will be made in that country. The Committee notes the Government’s indication in its report that it endorses the comments made by the Committee to have the above-mentioned legislation amended to comply with Article 1(c) of the Convention. The Government states that it remains committed to ensuring that the competent authority (Ministry of Legal Affairs) amends the provisions of the Shipping Act, either by repealing the sections involving compulsory labour or by restricting their application to situations where the ship or life or health of persons are endangered with a view to bringing the legislation into conformity with the Convention. The Committee therefore reiterates its hope that the necessary measures will at last be taken with a view to amending the above provisions of the Shipping Act, either by repealing sanctions involving compulsory labour or by restricting their application to situations where the ship or the life or health of persons are endangered (as it is the case, for example, in section 184 of the same Act), so as to bring the legislation into conformity with the Convention. The Committee requests the Government to provide, in its next report, information on progress made in this regard.
Repetition Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the 1894 United Kingdom Merchant Shipping Act, which was in force in Grenada, under which various breaches of labour discipline by seafarers not endangering the ship or the life or health of persons were punishable with imprisonment (involving an obligation to perform labour) and deserting seafarers might be forcibly returned to their ship to perform their duties. The Committee had noted that under sections 185(b) and (c), and 186(a) and (b) of the Shipping Act, 1994, No. 47, which repealed the 1894 Act, penalties of imprisonment still may be imposed for breaches of discipline such as disobedience to lawful command, neglect of duty, desertion and absence without leave. Moreover, section 191 of the Act provides for the forcible conveyance of deserting seafarers to ships registered in another country, where it appears to the minister that reciprocal arrangements will be made in that country. The Committee notes the Government’s indication in its report that it endorses the comments made by the Committee to have the abovementioned legislation amended to comply with Article 1(c) of the Convention. The Government states that it remains committed to ensuring that the competent authority (Ministry of Legal Affairs) amends the provisions of the Shipping Act, either by repealing the sections involving compulsory labour or by restricting their application to situations where the ship or life or health of persons are endangered with a view to bringing the legislation into conformity with the Convention. The Committee therefore reiterates its hope that the necessary measures will at last be taken with a view to amending the above provisions of the Shipping Act, either by repealing sanctions involving compulsory labour or by restricting their application to situations where the ship or the life or health of persons are endangered (as it is the case, for example, in section 184 of the same Act), so as to bring the legislation into conformity with the Convention. The Committee requests the Government to provide, in its next report, information on progress made in this regard.
Repetition Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the 1894 United Kingdom Merchant Shipping Act, which was in force in Grenada, under which various breaches of labour discipline by seafarers not endangering the ship or the life or health of persons were punishable with imprisonment (involving an obligation to perform labour) and deserting seafarers might be forcibly returned to their ship to perform their duties. The Committee has noted that under sections 185(b) and (c) and 186(a) and (b) of the Shipping Act, 1994 (No. 47 of 1994), which repealed the 1894 Act, penalties of imprisonment still may be imposed for breaches of discipline such as disobedience to lawful command, neglect of duty, desertion and absence without leave, and section 191 of the Act provides for the forcible conveyance of deserting seafarers to ships registered in another country, where it appears to the minister that reciprocal arrangements will be made in that country.The Committee recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline. As the Committee repeatedly pointed out, only acts which endanger the ship or the life or health of persons are excluded from the scope of the Convention (see, for example, paragraphs 179–181 of the Committee’s General Survey of 2007 on the eradication of forced labour). The Committee therefore reiterates its hope that the necessary measures will at last be taken with a view to amending the above provisions of the Shipping Act, either by repealing sanctions involving compulsory labour or by restricting their application to the situations where the ship or the life or health of persons are endangered (as is the case, for example, in section 184 of the same Act), so as to bring the legislation into conformity with the Convention. The Committee requests the Government to provide, in its next report, information on progress made in this regard.
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. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the 1894 United Kingdom Merchant Shipping Act, which was in force in Grenada, under which various breaches of labour discipline by seafarers not endangering the ship or the life or health of persons were punishable with imprisonment (involving an obligation to perform labour) and deserting seafarers might be forcibly returned to their ship to perform their duties. The Committee has noted that under sections 185(b) and (c) and 186(a) and (b) of the Shipping Act, 1994 (No. 47 of 1994), which repealed the 1894 Act, penalties of imprisonment still may be imposed for breaches of discipline such as disobedience to lawful command, neglect of duty, desertion and absence without leave, and section 191 of the Act provides for the forcible conveyance of deserting seafarers to ships registered in another country, where it appears to the minister that reciprocal arrangements will be made in that country.
The Committee recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline. As the Committee repeatedly pointed out, only acts which endanger the ship or the life or health of persons are excluded from the scope of the Convention (see, for example, paragraphs 179–181 of the Committee’s General Survey of 2007 on the eradication of forced labour). The Committee therefore reiterates its hope that the necessary measures will at last be taken with a view to amending the above provisions of the Shipping Act, either by repealing sanctions involving compulsory labour or by restricting their application to the situations where the ship or the life or health of persons are endangered (as is the case, for example, in section 184 of the same Act), so as to bring the legislation into conformity with the Convention. The Committee requests the Government to provide, in its next report, information on progress made in this regard.
Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the 1894 United Kingdom Merchant Shipping Act, which was in force in Grenada, under which various breaches of labour discipline by seafarers not endangering the ship or the life or health of persons were punishable with imprisonment (involving an obligation to perform labour) and deserting seafarers might be forcibly returned to their ship to perform their duties. The Committee has noted that under sections 185(b), (c) and 186(a), (b) of the Shipping Act, 1994 (No. 47 of 1994), which repealed the 1894 Act, penalties of imprisonment still may be imposed for breaches of discipline such as disobedience to lawful command, neglect of duty, desertion and absence without leave, and section 191 of the Act provides for the forcible conveyance of deserting seafarers to ships registered in another country, where it appears to the minister that reciprocal arrangements will be made in that country.
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 its earlier comments, the Committee referred to sections 221 to 224 and 225(1)(b), (c) and (e) of the 1894 United Kingdom Merchant Shipping Act, under which certain breaches of labour discipline by seafarers not endangering the ship or the life or health of persons may be punished with imprisonment (involving an obligation to perform labour) and deserting seafarers may be forcibly returned to their ship to perform their duties.
The Committee previously noted that the draft Merchant Shipping Act dealing with Grenadian ships and vessels was introduced in Parliament but had not been proceeded in view of current efforts to codify a regional Merchant Shipping Code. It noted the Government’s repeated indication that efforts to codify a regional Merchant Shipping Code proceeded very slowly and that a new draft eventually had to be prepared. It also noted the Government’s statement in its 2000 report that the new draft was being studied and was to be submitted for parliamentary approval.
In its latest report, the Government repeats its previous indications concerning the slow process of elaboration of a regional Merchant Shipping Code and states that the bill has not been approved by Parliament.
The Committee trusts that the necessary measures will be taken in the near future in order to bring the legislation into conformity with the Convention and requests the Government to supply a copy of the new legislation, as soon as it is adopted.
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:
The Committee notes the Government’s brief reply to its previous direct request.
Article 1(c) and (d) of the Convention. In its earlier comments, the Committee referred to sections 221-224 and 225(1)(b), (c) and (e) of the 1894 United Kingdom Merchant Shipping Act, under which certain breaches of labour discipline by seafarers not endangering the ship or the life or health of persons may be punished with imprisonment (involving an obligation to perform labour) and deserting seafarers may be forcibly returned to their ship to perform their duties.
The Committee previously noted that the draft Merchant Shipping Act dealing with Grenadian ships and vessels was introduced in Parliament but had not been proceeded in view of current efforts to codify a regional Merchant Shipping Code. It noted the Government’s repeated indication that efforts to codify a regional Merchant Shipping Code proceeded very slowly and that a new draft eventually had to be prepared. It notes the Government’s statement in its latest report that the new draft was being studied and was to be submitted for parliamentary approval during the last quarter of 1998.
The Committee reiterates its hope that the Government will soon be in a position to indicate that the necessary legislative changes have been made and requests the Government to supply a copy of the new legislation, as soon as it is adopted.
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) and (d) of the Convention. In its previous comments, the Committee referred to sections 221 to 224 and 225(1)(b), (c) and (e) of the 1894 United Kingdom Merchant Shipping Act under which certain breaches of labour discipline by seamen not endangering the ship or the life or health of persons may be punished with imprisonment (involving an obligation to perform labour) and deserting seamen may be forcibly returned to their ship to perform their duties.
The Committee noted previously that the draft Merchant Shipping Act dealing with Grenadian ships and vessels which was introduced in Parliament had not been proceeded in view of current efforts to codify a regional Merchant Shipping Code.
The Committee noted the indication by the Government in its latest report, received in 1995, that efforts to codify a regional Merchant Shipping Code proceeded very slowly and that a new draft eventually had to be prepared, which was to be submitted for parliamentary approval during the last quarter of 1994.
The Committee hopes that the Government will be in a position to indicate in its next report that the necessary legislative changes have been made, and that it will supply a copy of the text adopted.
Article 1(c) and (d). In its previous comments the Committee referred to sections 221 to 224 and 225(1)(b), (c) and (e) of the 1894 United Kingdom Merchant Shipping Act under which certain breaches of labour discipline by seamen not endangering the ship or the life or health of persons may be punished with imprisonment (involving an obligation to perform labour) and deserting seamen may be forcibly returned to their ship to perform their duties.
The Committee notes the Government's information in its report that the Draft Merchant Shipping Act dealing with Grenadian ships and vessels which was introduced in Parliament has not been proceeded in view of current efforts to codify a regional Merchant Shipping Code.
Noting also the Government's indication that efforts will be made to have the incompatible sections removed from any new legislation, the Committee hopes that the Government will report on progress made to amend or repeal the provisions in question.
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). In its previous comments the Committee referred to sections 221 to 224 and 225(1)(b), (c) and (e) of the Merchant Shipping Act, 1894, under which certain breaches of labour discipline by seamen not endangering the ship or the life or health of persons may be punished with imprisonment, involving an obligation to perform labour, and deserting seamen may be forcibly returned to their ship.
The Committee noted from the Government's report for the period ending 30 June 1987 that a Draft Shipping Act which deals with Grenadian ships and vessels has since been tabled in Parliament and an early passage is expected.
The Committee hopes that in this connection, the necessary measures will be taken to amend or repeal the provisions of the 1894 legislation which are incompatible with the Convention, and that the Government will be able to send with its next report a copy of the legislation adopted to this effect.
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: