Solicitud directa (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

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 following matters raised in its previous direct request:

1. Prison labour. The Committee noted the Government's indication in its report for the period ending 30 June 1989 that the Prisons Act, 1890, was no longer in force. It again requests the Government to supply with its next report a copy of the statutory instrument which superseded the 1890 Prisons Act.

2. Forcible return on board ship. In earlier comments, the Committee referred to section 150 of the Shipping Act, 1981, under which deserting seamen may be forcibly returned on board ship. The Committee noted the Government's view, expressed in its report, that the provisions of the Shipping Act dealing with desertion do not in themselves create a forced labour situation. Under section 150(2) and (3), deserting seamen shall, on an application by the master of the vessel, be conveyed on board the vessel or delivered to the master or mate of the vessel, or to its owner or his agent, to be so conveyed.

As the Committee pointed out in paragraph 110 of its 1979 General Survey on the Abolition of Forced Labour, forced or compulsory labour as a means of labour discipline may consist of measures to ensure the due performance by a worker of his service in the form of physical constraints. The forcible return of a deserting seaman on board ship at the request of the master of the vessel falls within this category. The Committee accordingly again expresses the hope that section 150 of the Act will be repealed, as were corresponding provisions in other countries.

As regards section 145(1)(b), (c) and (e) and 146(a) and (b) of the Shipping Act, 1981, the Committee again defers further comments pending examination of the prisons legislation (see point 1 above).