Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Repetition

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. The Committee previously noted the adoption of the Merchant Shipping Act, No. 26 of 2007, which had repealed the Merchant Shipping Act of 1986. The Committee noted, in particular, that under section 217(8)(n) of the Act, refusal to obey the master’s order or neglect of duty by a seafarer is punishable with imprisonment (involving compulsory prison labour). Referring to the explanations in paragraphs 179–181 of its 2007 General Survey on the eradication of forced labour, the Committee recalls that, in order to be compatible with the Convention, provisions imposing penalties of imprisonment on seafarers for breaches of labour discipline should be restricted to actions that endanger the safety of the ship or the life or health of persons.

The Committee notes the Government’s previous indication that the Government has drawn the attention of the competent ministry that the above provision is not compatible with the Convention, and the ministry concerned has undertaken to initiate action towards the amendment of this provision in order to bring it into line with the Convention. The Committee expresses the firm hope that the necessary measures will soon be taken to amend section 217(8)(n) of the Merchant Shipping Act, 2007, e.g. by limiting its scope to situations where the safety of the ship or the life or health of persons is endangered, so as to bring this provision into conformity with the Convention, and that the Government will provide, in its next report, information on the progress made in this regard.