Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

1. Prison labour. The Committee notes the Government's indication in its report that the Prisons Act, 1890, is no longer in force. It requests the Government to supply with its next report a copy of the statutory instrument which superseded the 1890 Prisons Act.

2. Forcible return on board ship. In earlier comments, the Committee referred to section 150 of the Shipping Act, 1981, under which deserting seamen may be forcibly returned on board ship. The Committee notes the Government's view, expressed in its latest report, that the provisions of the Shipping Act dealing with desertion do not in themselves create a forced labour situation. Under section 150(2) and (3), deserting seamen shall, on an application by the master of the vessel, be conveyed on board the vessel or delivered to the master or mate of the vessel, or to its owner or his agent, to be so conveyed.

As the Committee pointed out in paragraph 110 of its 1979 General Survey on the Abolition of Forced Labour, forced or compulsory labour as a means of labour discipline may consist of measures to ensure the due performance by a worker of his service in the form of physical constraints. The forcible return of a deserting seaman on board ship at the request of the master of the vessel falls within this category. The Committee accordingly again expresses the hope that section 150 of the Act will be repealed, as were corresponding provisions in other countries.

As regards section 145(1)(b), (c) and (e) and 146(a) and (b) of the Shipping Act, 1981, the Committee defers further comments pending examination of the prisons legislation (see point 1 above).