Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

In its previous comments the Committee noted that under section 183(1)(a), (b), (c) and (e), read together with section 184(1) of the Merchant Shipping Act, No. 28 of 1986 (which came into operation on 15 January 1991 by virtue of Proclamation No. 1 of 1991), certain breaches of discipline by seamen (such as desertion, neglect or refusal to join the ship, absence without leave, neglect of duty) are punishable by imprisonment (involving an obligation to perform labour), and that under section 183(1), (3) and (4) seamen who are not citizens of Mauritius, and who commit such offences, may be conveyed on board ship for the purpose of proceeding to sea.

The Committee noted that these provisions repealed sections 221 to 224 and 225(a), (b), (c) and (e) of the United Kingdom Merchant Shipping Act, 1894 applicable to Mauritius, on which the Committee had been commenting for numerous years. The Committee observed however that under the provisions of the 1986 Act, breaches of discipline continued to be punishable by sentences of imprisonment (involving an obligation to work) even where the offence does not endanger the safety of the ship or the life or health of persons, and seamen may be forcibly conveyed on board ship to perform their duties.

The Committee notes the Government's information in its report, that the provisions under sections 183 and 184 are meant for extreme cases where seamen repeatedly indulge in these offences, that in practice no breaches have been noticed and that each offence would be considered by a disciplinary committee to be established under the Seamen's Act.

Referring to paragraphs 110 to 125 of its 1979 General Survey on Forced or Compulsory Labour, the Committee recalls that the Convention does not protect seamen responsible for breaches of labour discipline endangering the safety of the ship or the life or health of persons on board. However the scope of the above-mentioned provisions of the Merchant Shipping Act is not limited to such cases.

The Committee hopes that the Government will provide information on the measures taken or envisaged to bring the 1986 Merchant Shipping Act into conformity with the Convention on this point.

Article 1(d). In comments made for many years, the Committee has referred to sections 82 and 83 of the Industrial Relations Act, 1973, which empower the minister to refer any industrial dispute to compulsory arbitration, enforceable by penalties involving compulsory labour. The Committee has pointed out that these provisions are incompatible with Article 1(d) of the Convention.

The Committee notes with interest the Government's information in its report that the Special Law Review Committee set up to review the Industrial Relations Act has submitted its report. The Committee hopes that in examining the report the Government will take due consideration of the provisions of the Convention which prohibit the use of forced or compulsory labour as a punishment for having participated in strikes. Any compulsory arbitration enforceable with penalties involving compulsory labour, must be limited to services whose interruption is likely to endanger the life, personal safety or health of the whole or part of the population. The Committee hopes that the Government will report on the measures adopted to ensure the observance of the Convention in this regard.