Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Abolition of Forced Labour Convention, 1957 (No. 105) - Ghana (Ratification: 1958)

Other comments on C105

Observation

Direct Request

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Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously requested the Government to take measures to review the following provisions of the Merchant Shipping Act, 2003 (ACT 645), which provide for disciplinary offences punishable with penal sanctions involving compulsory prison labour (by virtue of section 42(1) of the Prison Service Act,1972):

–Section 168(1)(b): the seafarer or apprentice who wilfully disobeys any lawful command is liable to imprisonment for a term not exceeding one month.
–Section 168(1)(e): the seafarer or apprentice who conspires with any member of a crew to disobey any lawful command, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage is liable to a fine or imprisonment for a term not exceeding six months or to both.
–Section 169(1): the seafarer or the apprentice who deserts ship is liable to imprisonment for a term not exceeding two months.
–Section 169(2): the seafarer or apprentice who neglects or refuses without reasonable cause to join the ship, proceed to sea on the ship, is absent without leave at any time within the period of 24 hours immediately before the ship sails or at any time from the ship or duty without sufficient reason is liable to a term of imprisonment not exceeding two months.

The Committee notes that the Government indicates in its report that the above-mentioned provisions have not been enforced in the country against any seafarer for breach of labour discipline. The Government adds that provisions have been made in the 2023 workplan of the Ghana Maritime Authority to review the Ghana Shipping Act. The Committee recalls in this regard that Article 1(c) of the Convention prohibits the imposition of sanctions involving compulsory labour in respect of breaches of labour discipline. Sanctions involving an obligation to perform work may be imposed only in cases where the safety of the ship or the life or health of the persons on board is endangered. The Committee once again requests the Government to take the necessary measures to review, without delay, sections 168(1)(b) and (e), and 169(1) and (2) of the Merchant Shipping Act so as to ensure that the law is in conformity with the Convention and the indicated practice.

The Committee is raising other issues in a direct request addressed directly to the Government.