Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee notes the Government's reports received in June and September 1998.

Article 1(c) of the Convention. In its earlier comments the Committee noted that under section 148(1)(b) and (c) of the Shipping Act, 1994-15, seafarers may be imprisoned for one month and three months, respectively, if guilty of wilful disobedience to any lawful command, and that under section 149(a) and (b), deserting seafarers or seafarers absent without leave may be imprisoned for three and two months, respectively. The Committee also noted that under section 64 of the Prison Rules, 1974, prisoners are required to work. It requested the Government to re-examine the above-mentioned sections of the Shipping Act with a view to ensuring that no penalties involving compulsory labour may be imposed for violations of labour discipline.

The Government indicates in its report received in June 1998 that the Shipping Act is under review as regards its conformity with the Convention. However, in its latest report received in September 1998 the Government states that the safety of crew and ship must be paramount and that criminal sanctions are the most effective way of ensuring compliance, given the peculiar circumstances of employment on board ship. It also refers to United Kingdom legislation on the subject and concludes that it is not necessary to amend the Shipping Act.

The Committee wishes to recall in this connection 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, thus making incompatible with the Convention sanctions of imprisonment (involving an obligation to perform labour) relating to breaches of labour discipline. It points out, with reference to paragraphs 117 to 119 of its 1979 General Survey on the abolition of forced labour, that only cases where the safety of the ship or the life or health of the persons on board are endangered would not be covered by the Convention.

As regards the Government's reference to United Kingdom legislation, the Committee recalls that it noted with satisfaction in its report to the 57th (1972) Session of the Conference that the Merchant Shipping Act, 1970, abolished the penalty of imprisonment (involving an obligation to perform labour) provided for in sections 221 and 225 of the Merchant Shipping Act, 1894, for breaches of discipline by seafarers except in cases of offences endangering the ship or persons on board. It also noted with satisfaction in its report to the 83rd (1996) Session of the Conference that the United Kingdom Merchant Shipping Act, 1988 (Commencement No. 4) Order 1994, has brought into force the provisions of the 1988 Act repealing section 89 of the Merchant Shipping Act, 1970, which provided for the forcible return of deserting seafarers on board ship under reciprocal arrangements with other countries.

The Committee hopes that the Government will soon be in a position to report on measures taken or contemplated with a view to bringing the shipping legislation into full conformity with the Convention. It asks the Government to provide information in its next report on the progress made in this regard.