Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Seychelles (Ratification: 1978)

Other comments on C105

Observation

Direct Request

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Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 153 of the Merchant Shipping Act, 1992, under which 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). 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.

The Committee notes the Government’s indication in the report that the revision of the Merchant Shipping Act has been delayed due to unavailability of technical persons. It also notes the information that the Government has received ILO’s technical assistance to analyse the compliance of the Merchant Shipping Act with the Maritime Labour Convention (MLC), 2006. The Committee reiterates the firm hope that the legislation will be brought into conformity with the Convention in the near future and requests the Government to communicate a copy of the revised Act as soon as it is adopted.

Article 1(d). Sanctions for participating in strikes. The Committee notes, referring also to its comments addressed to the Government under Convention No. 87, that, by virtue of section 56(1), any person who calls, institutes, organises, carries on, participates, procures or invites another person to take part in an unlawful strike or lockout, shall be punished with a fine and imprisonment for a term of six months (involving an obligation to perform labour). The Committee recalls, referring also to the explanations in paragraph 189 of its 2007 General Survey on the eradication of forced labour that, regardless of the legality of the strike action in question, no sanctions of imprisonment should be imposed against a worker for peaceful participation in a strike. The Committee therefore hopes that measures will be taken to ensure that no sanctions involving compulsory labour could be imposed for the mere fact of a peaceful participation in strikes. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 56(1) in practice, supplying copies of court decisions and indicating the penalties imposed.