Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(c) and (d) of the Convention. Sanctions involving compulsory labour for breaches of labour discipline and participation in strikes. For many years, the Committee has been referring to sections 157 and 158 of the Shipping Act, 1987, section 8(1) of the Trade Disputes and Protection of Property Act and section 69(1)(d) and (2) of the Industrial Relations Act, under which penalties of imprisonment (involving compulsory labour under the Prisons Rules) may be imposed for various breaches of labour discipline and participation in strikes in circumstances where the life, personal safety or health of persons are not endangered. The Government indicated in its earlier reports that efforts were under way to amend the provisions mentioned above and that no sanctions had been imposed under these provisions in practice.

The Government states in its latest report that no amendments have been made to the above legislation, but the Ministry of Labour and Small and Micro Enterprise Development has included the Industrial Relations Act in its Legislative Review Programme for the period 2009–10. However, the Trade Disputes and Protection of Property Act has not been put up for any legislative review in the upcoming parliamentary term. No information has been supplied in this regard about the Shipping Act, 1987.

The Committee trusts that the necessary measures will be taken in the near future in order to amend the abovementioned provisions with a view to bringing legislation into conformity with the Convention. Noting that the legislative amendments required have been under consideration for many years, the Committee asks the Government to provide, in its next report, information on the progress made in the revision of the Industrial Relations Act, as well as on any steps taken to amend the Trade Disputes and Protection of Property Act and the Shipping Act, in order to ensure compliance with the Convention.