Observación (CEACR) - Adopción: 1996, Publicación: 85ª reunión CIT (1997)

The Committee notes the Government's report received on 4 November 1996.

Article 1(c) and (d) of the Convention. 1. In previous comments the Committee noted that the provisions of section 157(1)(b), (c) (erroneously referred to as (a)) and (e) of the Shipping Act, 1987 provide for penalties of imprisonment (involving, under rules 255 and 269(3) of the Prisons Rules, compulsory labour) for disobeying lawful commands and are substantially identical to provisions of the Merchant Shipping Act, 1894, which had been the subject of comments by the Committee for many years. Similarly, section 158 of the Shipping Act, 1987 follows the 1894 Act in punishing desertion and absence without leave with penalties of imprisonment involving compulsory labour. Finally, section 162 of the 1987 Act still provides for the apprehending and forcible conveyance of deserters on board ship upon the request of the master of the ship, regarding both seamen deserting in Trinidad and Tobago from a ship registered abroad and, by way of reciprocity, seamen deserting in a foreign State from a ship registered in Trinidad and Tobago.

The Committee noted from the Government's report for 1989-91 that the above-mentioned provisions were being examined in consultation with the Minister of Works, Infrastructure and Decentralization entrusted with the administration and implementation of the Shipping Act, 1987, as well as with the Solicitor-General and from the Government's report for 1991-95 that additional measures to bring sections 157(1), 158 and 162 of the Shipping Act, 1987 into conformity with the Convention were still to be examined in consultation with the Ministry of Works and Transport entrusted with the administration and implementation of the Shipping Act, 1987, as well as with the Solicitor-General.

In its latest report, the Government states that sections 157(1)(b) and (e) and section 158 of the Shipping Act provide for penalties of imprisonment, but are governed by section 69 of the Interpretation Act and therefore may or may not be accompanied with the awarding of hard labour, and that the penalties are regarded at this time to be appropriate having regard to the peculiar nature of shipping and seafaring and the operation of vessels, where such offenses can have the effect of endangering the lives and safety of crews and vessels.

As regards section 162 of the Shipping Act, the Government states that there is no evidence that this provision provides for the imposition of compulsory labour. Trinidad and Tobago law states that this may only be imposed upon a term of imprisonment, which in turn is based upon a particular offence punishable by same. The purpose of this section is the recovery of deserters and their conveyance back to their respective States, where they shall face the necessary disciplinary and/or legal action. No fixed offence is prescribed under this section; no term of imprisonment is prescribed, and similarly no award of compulsory labour arises. The Government adds that it should be noted that there are similar provisions in UK legislation.

The Committee takes due note of these indications. As regards compulsory prison labour, the Committee must point out that not only the mere possibility of hard labour being imposed brings sections 157(1)(b), (c) and (d) of the Shipping Act into the scope of Article 1(c) and (d) of the Convention; moreover, as indicated in paragraphs 102 to 109 of the Committee's General Survey of 1979 on the abolition of forced labour, the Convention makes no difference between different forms of compulsory work, such as hard labour and ordinary prison labour; under rules 255 and 269(3) of the Prison Rules, a penalty of imprisonment always involves an obligation to work.

As regards the possibility of endangering the lives and safety of crews and vessels, the Committee recalls that endangering life or ship is the subject of a specific provision in section 156 of the Shipping Act, which has no bearing on the Convention. By contrast, while subsection (2) of section 157 of the Shipping Act excludes the application of subsection (1) to a lawful strike after the ship has been secured in good safety to the satisfaction of the master and the port authority at a port in Trinidad and Tobago, subsection (1) may still be applied to strikes outside Trinidad and Tobago as well as to breaches of labour disciplines which do not endanger the safety of the ship or the life or limb of persons.

The same is true for section 158. Finally, under section 162, deserting seamen are not conveyed "back to their respective States" but "on board the ship" where they are employed; as indicated in paragraphs 110 and 117 of the above-mentioned General Survey of 1979, forced or compulsory labour as a means of labour discipline may be of two kinds; it may consist of measures to ensure the due performance by a worker of his service under compulsion of law (in the form of direct physical constraint or the menace of a penalty), or of a sanction for breaches of labour discipline with penalties involving an obligation to work. The first kind is exemplified by section 162 of the Shipping Act, the second by section 157(1)(b), (c) and (e) and section 158.

As regards the Government's reference to UK legislation, the Committee has noted with satisfaction in its report to the 83rd (1996) Session of the Conference that the Merchant Shipping Act, 1988 (Commencement No. 4) Order 1994, has brought into force the provision of the 1988 Act repealing section 89 of the Merchant Shipping Act, 1970, which provided for the forcible return of deserting seamen on board ship under reciprocal arrangements with other countries.

Noting also the Government's indication in its report that there have been no cases to date concerning the practical application of sections 157(1)(b) and (e), 158 and 162 of the Shipping Act, the Committee hopes that the necessary measures will at last be taken to bring the Act into conformity with the Convention as well as actual practice, and that the Government will soon report on proposed amendments.

2. In its previous comments the Committee referred to section 8(1) of the Trade Disputes and Protection of Property Ordinance, under which penalties involving compulsory labour may be imposed for breach of contract by persons employed in certain public services where the probable consequences would be to deprive the inhabitants, wholly or to a great extent, of such services. The Committee observed that certain of the services mentioned in section 8(1) of the Ordinance (electricity, water, health, sanitary or medical services) are strictly essential because their interruption could endanger the life, personal safety or health of the whole or part of the population while in others (namely, railway, tramway, ship or other transport services) only a few posts essential to security might fall under the same category. The Government indicated that no penalties involving compulsory labour had been imposed in the country for the purposes enumerated.

In its report received in June 1995 the Government once more indicated that the Committee's observations with regard to the Ordinance had again been noted and would be given full consideration. The Committee hopes that accordingly appropriate amendments will now be prepared and that the Government will soon report on the action taken to bring section 8(1) of the Ordinance into conformity with the Convention.

Article 1(d). 3. The Committee noted in previous comments that under section 69(1)(d) and (2) of the Industrial Relations Act, Chapter 88.01, teachers in the public service are prohibited from taking part in a strike, subject to penalties of imprisonment involving the obligation to work.

The Committee noted the Government's indication in its report for 1989-91 that the work of the Committee which was appointed to review all the Service Acts and their relevant regulations was still continuing. The Committee also noted that draft regulations to provide for a Code of Conduct for civil servants and for teachers had been prepared.

In its report received in June 1995, the Government again indicated that the work of the Committee which was appointed to review all the Service Acts and their relevant regulations was still continuing. The Committee hopes that the necessary action to bring section 69(1)(d) and (2) of the Industrial Relations Act into conformity with the Convention will now be taken and that the Government will report on the proposed amendments.