Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(c) and (d), of the Convention. In previous comments, the Committee noted that under section 7(1)(a), (c), (d) and (e) of the Seamen (Foreign) Act, Chapter 177, a seaman belonging to a foreign ship who deserts or commits certain other disciplinary offences is liable to imprisonment (involving an obligation to perform work). Under section 8 of the same Act and section 165 of the Merchant Shipping Act, foreign seamen deserting their ship may be forcibly returned on board ship. The Government had indicated previously that the Seamen (Foreign) Act was in the process of being repealed and the comments regarding section 165 of the Merchant Shipping Act would be considered when reviewing the Act.

The Committee has pointed out that sanctions of imprisonment (involving an obligation to perform labour) relating to breaches of labour discipline, such as desertion, absence without leave or disobediance or provisions under which seamen may be forcibly returned on board ship are not compatible with the Convention. Only breaches of labour discipline endangering the safety of the ship or the life or health of the persons on board would not be covered by the Convention. The Committee expresses the firm hope that the Government will provide information on the measures adopted to bring the above-mentioned provisions into conformity with the Convention.