Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat the matters raised in its previous observation.

Article 1(c) and (d) of the Convention. For many years, the Committee has been referring to sections 128 and 130 of the 1976 Merchant Shipping Act, under which various breaches of labour discipline are punishable with imprisonment (involving an obligation to work, under section 10 of the Prisons Act and rules 76 and 95 of the Prison Rules). It also referred to section 134 of the Act, which provides for the forcible return of deserting seafarers to ships registered in another country, provided the Minister is satisfied that reciprocal arrangements will be made in that country. The Committee notes the Government’s indication that some amendments to the Merchant Shipping Act have been concluded. It observes, however, that copies of the amendments have not yet been communicated by the Government. The Committee hopes that the abovementioned provisions of the Act will at last be amended so as to bring the legislation into conformity with the Convention and asks the Government to supply copies of the amendments.

Article 1(d). Over a number of years, the Committee has been referring to section 73 of the 1970 Industrial Relations Act (Official Gazette, Supplement Part I, 10 September 1970, No. 36), under which the Minister may refer a dispute which is not in an essential service to the Industrial Relations Board for settlement, if he considers that a strike which is in progress affects or threatens the public interest; any worker who continues to participate in such a strike is liable to a punishment of imprisonment (involving an obligation to perform labour). The Committee expressed the hope that the necessary amendments would be adopted to ensure that compulsory arbitration, when enforced by sanctions involving compulsory labour, be limited to services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee also referred to section 72 of the same Act, under which participation in a strike is punishable with imprisonment, inter alia, if the strike has any object other than or in addition to the furtherance of a trade dispute within the trade or industry in which the strikers are engaged or if it is designed or calculated to coerce the Government either directly or by inflicting severe hardship on the community. Referring to paragraph 128 of its 1979 General Survey on the abolition of forced labour, the Committee pointed out that the prohibition of purely political strikes lies outside the scope of the Convention, but that restrictions on the right to engage in strikes should not apply to matters of a broader economic and social nature affecting the occupational interests of workers.

The Government indicates in its report that the proposed Trade Unions and Industrial Relations Bill was concluded and tabled in the House of Assembly in May 2001, and that it contains no provisions imposing sanctions of imprisonment for breach of the legislation, which may be punished only with fines. The Government reiterates its previous statement that the above provisions of the Industrial Relations Act have never been applied in practice, and that the legislation will be amended when a consensus is achieved after further consultation with the social partners.

The Committee notes this information. It expresses firm hope that the review of the Act announced by the Government for a number of years will soon result in the amendment of the above provisions and the legislation will be brought into conformity with the Convention. The Committee asks the Government to supply a copy of the new Trade Unions and Industrial Relations Act, as soon as it is adopted.

The Committee hopes that the Government will make every effort to take the necessary action.