Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. The Committee previously noted that under section 148(1)(b) and (c) of the Shipping Act, 1994-15, seafarers may be imprisoned for one month and three months, respectively, if guilty of wilful disobedience to any lawful command, and that under section 149(a) and (b) of the same Act, deserting seafarers or seafarers absent without leave may be imprisoned for three and two months, respectively. The Committee also noted that under section 64 of the Prison Rules, 1974, prisoners are required to work.

The Committee recalled that, since Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline, the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. It also recalled that only cases where the safety of the ship or the life or health of the persons are endangered would not be covered by this provision of the Convention. The Committee therefore requested the Government to re-examine the abovementioned sections of the Shipping Act in accordance with the above considerations, with a view to ensuring that no penalties involving compulsory labour may be imposed for violations of labour discipline.

The Committee notes the Government’s indication in its report that the abovementioned provisions of the Shipping Act have never been applied in practice. It also notes the Government’s statement that the number of active seafarers in the country is negligible.

While noting these indications, and noting also that the above provisions of the Shipping Act, 1994-15, and corresponding provisions of earlier legislation have been the subject of comments for a considerable number of years, the Committee expresses the firm hope that measures will at last be taken to bring the shipping legislation into conformity with the Convention and the indicated practice, and that the Government will provide information on the measures adopted to this end.