Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to the following provisions of the Jamaica Shipping Act, 1998, under which certain disciplinary offences are punishable with imprisonment (involving an obligation to perform labour under the Prisons Law):

–      section 178(1)(b), (c) and (e), which provides for penalties of imprisonment, inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage; an exemption from this liability applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica (section 178(2));

–      section 179(a) and (b), which punishes with similar penalties the offences of desertion and absence without leave.

The Committee noted the Government’s indications in its 2004 report that the Maritime Authority had given written instructions to the Attorney General’s Department and the Office of the Parliamentary Council to amend the above sections of the Shipping Act, 1998, in order to make its provisions compatible with the Convention. In its latest report, the Government states again that no response has been received from the abovementioned bodies on the Maritime Authority’s request.

The Committee recalls, referring also to paragraphs 179 to 181 of its 2007 General Survey on the eradication of forced labour, that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience are incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship or the life or health of persons (e.g. as provided for in section 177 of the 1998 Shipping Act) have no bearing on the Convention.

The Committee trusts that the necessary measures will at last be taken to bring the legislation into conformity with the Convention, e.g. by limiting the scope of the relevant provisions of the Shipping Act, 1998, as indicated above, and that the Government will soon be in a position to report the progress made in this regard.