Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

Article 1(c) and (d) of the Convention. In comments it has been making since 1978, the Committee has been referring to section 7(1)(a), (c), (d) and (e) of the Seamen (Foreign) Act, Chapter 177, according to which a seafarer belonging to a foreign ship who deserts or commits certain other disciplinary offences is liable to imprisonment (involving an obligation to perform work). It also noted that under section 8 of the same Act and section 165 of the Merchant Shipping Act, foreign seafarers deserting their ship may be forcibly returned on board ship.

The Committee 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 disobedience or provisions under which seafarers may be forcibly returned on board ship, are not compatible with the Convention. On the other hand, breaches of labour discipline endangering the safety of the ship or the life or health of the persons on board would not be protected by the Convention.

The Committee notes with interest the Government's indication in its report that section 165 of the original Seamen (Foreign) Act has been amended. It requests the Government to communicate copies of the Merchant Shipping Act now applicable (in particular, sections 141 to 149, Division 7, of the Act), to which the Government referred as being enclosed with its report, but which have not been received, as well as the Crewmen Regulations (Part IX, sections 35 to 38, concerning disciplinary matters) referred to in the report.

As regards section 7(1)(a), (c), (d) and (e) and section 8 of the Seamen (Foreign) Act, the Government indicates that, although necessary steps have been taken with the Department of Transport towards amending these provisions, no amendments have taken place due to continuous staff changes and movements. The Committee notes the Government's intention to ask for ILO technical assistance in this respect.

The Committee trusts that the necessary measures will be taken in the very near future in order to bring the abovementioned provisions into conformity with the Convention and requests the Government to provide, in its next report, information on the progress made in this regard.