Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Article 1(c) and (d) of the Convention. In its earlier comments, the Committee noted that under sections 223 and 243 of the Merchant Navy Code seafarers are punished for breaches of labour discipline (absence without leave from the vessel, refusal to obey after formal order) with sentences of imprisonment involving compulsory labour under section 40 of the Penal Code.

The Committee notes with interest the information provided in the Government's report, to the effect that the authorities have decided to bring the provisions in question into conformity with the Convention during the current revision of the Merchant Navy Code. The Committee also notes the Government's reiterated statement that, in practice, no sentence of imprisonment involving compulsory labour has been passed by judges on a seafarer committing a breach of labour discipline and that such sentences are applied by judges only in cases of mutiny or where the safety of the vessel is in danger.

The Committee expresses the hope that the Government will shortly be able to report the adoption of the necessary amendments to bring the Merchant Navy Code into conformity with the Convention.