Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Article 1(c) and (d) of the Convention. In comments it has been making since 1978, the Committee has been referring to section 7(1)(a), (c), (d) and (e) of the Seamen (Foreign) Act, Chapter 177, according to which a seaman belonging to a foreign ship who deserts or commits certain other disciplinary offences is liable to imprisonment (involving an obligation to perform work). It also noted that under section 8 of the same Act and section 165 of the Merchant Shipping Act, foreign seafarers deserting their ship may be forcibly returned on board ship.

The Committee noted the Government's repeated indications in the reports that the Seamen (Foreign) Act was in the process of being repealed and the comments regarding section 165 of the Merchant Shipping Act would be considered when reviewing the Act. The Government indicates in its latest report received in August 1997 that a submission has been made to the administering authority (Department of Transport) advising them of the provisions of the Convention, and measures have been taken to prepare a joint submission with this Department towards amending those provisions in order to be compatible with the Convention.

The Committee wishes to point out once again that sanctions of imprisonment (involving an obligation to perform labour) relating to breaches of labour discipline, such as desertion, absence without leave or disobedience or provisions under which seafarers may be forcibly returned on board ship are not compatible with the Convention. On the other hand, breaches of labour discipline endangering the safety of the ship or the life or health of the persons on board would not be protected by the Convention. The Committee trusts that the Government will not fail to adopt the necessary measures, in the very near future, in order to bring the above-mentioned provisions into conformity with the Convention. It requests the Government to provide in its next report information on any progress made in this regard.