Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Article 1(1) and Articles 2(1) and (2)(c) of the Convention. The Committee refers to its previous observations and the discussion in the Conference Committee in 1995 regarding sections 873, 878, 882, 884 and 887 of the Administrative Code and Act No. 112 of 1974. Those provisions empowered police chiefs to impose administrative sentences, including labour on public works and detention, contrary to the Convention. The Committee now notes with interest that Act No. 21 of 22 April 1998 has repealed the offending provisions of sections 878, 882 and 887 of the Code with the intention of bringing it into conformity with the Convention. It would be grateful if the Government would indicate whether, in law and in practice, these repeals have the effect of ensuring that no work or service may be exacted by virtue of the administrative powers still exercised by police chiefs, or by the President, governors or mayors.

2. Article 2(1). The Committee refers to its observation under Convention No. 105, concerning the use of forced or compulsory labour as a means of labour discipline for seafarers. It recalls the requirements also of the present Convention as regards the right of workers to free choice of employment and thus the right to terminate their employment. In its General Survey of 1979 on the abolition of forced labour, paragraphs 67 to 73, the Committee explained in particular on paragraph 69 the position relating to seafarers, who should be allowed upon giving reasonable notice to put an end to even indefinite contracts of employment without having to show any particular reason. The Committee hopes that the revision of the Maritime Labour Bill to which the Government has referred will take full account of the present Convention.