Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing political views. Referring to its earlier comments, the Committee notes with satisfaction that the Electoral Reform Law of 2004, which amended certain provisions of the Elections Law, 1986, has repealed provisions punishing the participation in certain activities related to political parties (such as, e.g., activities that seek to continue or revive certain political parties) with penalties of imprisonment involving compulsory prison labour.

In its earlier comments, the Committee observed that prison sentences (involving an obligation to work by virtue of Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law, punishing certain forms of criticism of the Government. The Committee again requests the Government to indicate whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to ensuring observance of the Convention.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that, under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. Referring to paragraph 171 of its 2007 General Survey on the eradication of forced labour, the Committee pointed out that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention.

The Committee notes the Government’s indication in its report that section 347 has not been repealed, but due consideration is being given to this section. The Committee trusts that section 347(1) and (2) of the Maritime Law will soon be repealed and that the Government will supply, in its next report, information on the measures taken to this end.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraph 179 of its 2007 General Survey on the eradication of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline, such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee notes the Government’s indication in its report that section 348 has not been repealed, but due consideration is being given to this section. The Committee therefore expresses the firm hope that measures will soon be taken to bring section 348 of the Maritime Law into conformity with the Convention, and that the Government will provide information on the action taken to this end.