Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the Government’s reply to its earlier comments.

Article 1(c) and (d) of the Convention. The Committee previously noted that, under section 153 of the Merchant Shipping Act, 1992, any seafarer who alone, or in combination with other 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 Prisons Act, 1991) and a fine. The Committee recalled that provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline are contrary to the Convention and that only sanctions relating to acts endangering the ship or the life or health of persons are not covered by the Convention. It expressed the hope that the necessary measures would be taken to bring the merchant shipping legislation into conformity with the Convention.

The Committee has noted the Government’s indication in its report that it was decided to revise the Prisons Act, 1991, so that no prisoners would be liable to work while serving their sentences. It hopes that, whichever measures are contemplated to ensure the observance of the Convention, the Government will soon be in a position to indicate the necessary action taken in this regard.