Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Article 1(c) and (d) of the Convention. In earlier comments, the Committee referred to sections 221 to 224 and 225(a), (b), (c) and (e) of the United Kingdom Merchant Shipping Act, 1894, applicable in Mauritius by virtue of section 3(10) of the Merchant Shipping Ordinance, 1911 (Cap. 346), under which seamen may be forcibly conveyed on board ship to perform their duties and punished with a sentence of imprisonment (involving the obligation to work) for breaches of discipline, even where the offence does not endanger the safety of the ship or the life or health of persons. The Committee had noted the Government's indication that the Merchant Shipping Act, 1986, had been enacted but had not yet been proclaimed and that provision was made in the new Act to comply with the Convention and to repeal the Merchant Shipping Act, 1894.

The Committee notes that the Merchant Shipping Act, No. 28 of 28 July 1986, came into operation on 15 January 1991 by virtue of Proclamation No. 1 of 1991.

The Committee has taken note of the text of the new Act communicated by the Government together with its report.

The Committee notes that under section 183(1) (a), (b), (c) and (e) read together with section 184(1) of the Act certain breaches of discipline by seamen (such as desertion, neglect or refusal to join the ship, absence without leave, neglect of duty) are punishable by imprisonment (involving an obligation to perform labour), and that under section 183(1), (3) and (4) seamen who are not citizens of Mauritius, and who commit such offences, may be conveyed on board ship for the purpose of proceeding to sea.

The Committee notes with regret that the new Merchant Shipping Act has introduced no progress as to the substance of the provisions on which the Committee has been commenting for numerous years, that breaches of discipline continue to be punishable by sentences of imprisonment (involving an obligation to work) even where the offence does not endanger the safety of the ship or the life or health of persons, and that seamen may be forcibly conveyed on board ship to perform their duties.

The Committee requests the Government to indicate the measures taken or envisaged to ensure the observance of the Convention.

Article 1(d). In comments made for many years, the Committee has referred to sections 82 and 83 of the Industrial Relations Act, 1973, which empower the minister to refer any industrial dispute to compulsory arbitration, enforceable by penalties involving compulsory labour. The Committee has pointed out that these provisions are incompatible with Article 1(d) of the Convention.

The Committee notes the Government's indication in its report that a special law review committee, set up to examine the aforementioned Act, has not yet finalised this review.

Referring also to previously reported steps taken to bring the industrial relations legislation into conformity with the Convention, the Committee expresses once more the hope that action will soon be completed to ensure that compulsory arbitration enforceable with penalties involving compulsory labour is limited to services whose interruption is likely to endanger the life, personal safety or health of the whole or part of the population.

[The Government is requested to report in detail for the period ending 30 June 1992.]