Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Papua New Guinea (Ratification: 1976)

Other comments on C105

Observation

Direct Request

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Article 1(c) of the Convention. Penal sanctions applicable to seafarers for various breaches of labour discipline. For several years, the Committee had referred to certain provisions of the Seamen (Foreign) Act, 1952, under which a seafarer belonging to a foreign ship who deserts or commits certain other disciplinary offences is liable to imprisonment (which involves an obligation to perform labour) (section 2(1), (3), (4) and (5)). The Committee had also referred to section 1 of this Act, as well as section 161 of the revised Merchant Shipping Act (chapter 242) (consolidated to No. 67 of 1996), which stipulate that foreign seafarers deserting their ship may be forcibly returned on board ship to perform their duties. The Committee noted the Government’s statement that the Department of Transport had noted that the provisions of the Seamen (Foreign) Act and the Merchant Shipping Act were not in conformity with the Convention, and that these pieces of legislation should undergo review and amendment. In this regard, the Department of Transport had indicated that the review of the legislation concerning transportation had commenced, and that these provisions would be reviewed within this framework. The Committee accordingly urged the Government to pursue its efforts to amend the Seamen (Foreign) Act, 1952, and the Merchant Shipping Act in order to achieve conformity with the Convention.

The Committee notes the Government’s statement in its report that the Seamen (Foreign) Act, 1952, and the Merchant Shipping Act, 1996, are still undergoing legislative review, by the Department of Transport. Any developments in measures taken to achieve conformity with the Convention will be communicated to the Committee in due course.

Referring to paragraph 312 of the General Survey of 2012 on the fundamental Conventions concerning rights at work, the Committee once again recalls that in order to be compatible with the Convention, provisions imposing penalties of imprisonment on seafarers for breaches of labour discipline should be restricted specifically to actions that endanger the safety of the ship or the life or health of persons. The Committee accordingly once again urges the Government to pursue its efforts to ensure that the Seamen (Foreign) Act, 1952, and the Merchant Shipping Act are amended in order to achieve conformity with the Convention. It requests the Government to continue to provide information on measures taken in this regard, as well as a copy of both Acts, once amended.