Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Seychelles (Ratification: 1978)

Autre commentaire sur C105

Observation

2020
2016

Demande directe

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Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For many years, the Committee has referred to section 153 of the Merchant Shipping Act 1992 under which a seafarer who, alone or in combination with seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship, is liable to a sentence of imprisonment of five years, involving an obligation to perform labour, in accordance with section 28-1 of the Prison Act 1991. The Government stated that it was undertaking a revision of the Merchant Shipping Act 1992. The Committee requested the Government to pursue its efforts, within the framework of this revision, to ensure that no penalty of imprisonment involving compulsory labour may be imposed as a punishment of labour discipline and to indicate the current stage of the revision process of the Merchant Shipping Act.

The Committee notes the ratification by the Seychelles of the Maritime Labour Convention, 2006 (MLC, 2006) on 7 January 2014 and that the Merchant Shipping Act was amended in 2015 following the entry into force of the MLC, 2006. The Committee notes with regret the Government’s indication in its report that the penalties under section 153 of the Merchant Shipping Act 1992 remain in force. The Committee notes the Government’s indication that imprisonment does not involve compulsory labour and that further discussion on the amendment of this section will be discussed with the relevant authority in due course. However, the Committee notes that according to section 28(1) of the Prison Act of 1991, every prisoner confined in a prisoner pursuant to a warrant of conviction, shall be liable to work at such labour within or outside the precincts of the prison as may be directed by the Superintendent and so far as practicable such labour shall take place in association or outside cells.

The Committee recalls once again that the imposition of penalties involving compulsory labour for breaches of labour discipline is contrary to the Convention unless these penalties punish acts endangering the ship or the life or health of persons. The Committee expresses the firm hope that section 153 of the Merchant Shipping Act as amended in 2015, will be reviewed in light of the Convention, with a view to ensuring that no sanction involving an obligation to perform work may be imposed as a disciplinary measure applicable to seafarers and that the Government will indicate, in its next report, the measures taken or envisaged to amend the legislation.

The Committee is also raising other matters in a request addressed directly to Government.