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

The Committee notes the Government’s reply to its earlier comments.

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, 1952 (now section 2(1), (2), (4) and (5)), according to which a seafarer 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 (now section 1(2)) and section 161 of the revised Merchant Shipping Act (Chapter 242) (Consolidated to No. 67 of 1996), foreign seafarers deserting their ship may be forcibly returned on board ship.

As the Committee repeatedly pointed out, sanctions of imprisonment (involving an obligation to perform labour) would only be compatible with the Convention where they are clearly limited to acts endangering the safety of the ship or the life or health of the persons on board, but not where they relate more generally to breaches of labour discipline, such as desertion, absence without leave or disobedience; similarly, provisions under which seafarers may be forcibly returned on board ship are not compatible with the Convention.

The Committee has noted the Government’s repeated indication that the Committee’s comments have been communicated to the Department of Transport with a view to amending these provisions. It has also noted the Government’s renewed intention to ask the ILO for technical assistance in this respect, under the ILO programme of activities for Papua New Guinea for 2004.

The Committee trusts that the abovementioned provisions will at last be brought into conformity with the Convention, and that the Government will soon be in a position to indicate the progress achieved in this regard.