Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes that no report has been received from the Government. 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) and (d) of the Convention. In its earlier comments, the Committee noted that under section 153 of the Merchant Shipping Act, 1992, any seafarer who alone, or in combination with other seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship is liable to a sentence of imprisonment of five years (involving an obligation to perform labour, in accordance with section 28(1) of the Prisons Act, 1991). The Committee recalled that provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline are contrary to the Convention and that only sanctions relating to acts endangering the ship or the life or health of persons are not covered by the Convention.

The Committee also noted the Government’s indication in its report of 2001 that it had been decided to revise the Prison Act, 1991, so that no prisoners would be liable to work while serving their sentences. The Committee expressed the hope that, whichever measures were contemplated to ensure the observance of the Convention, the Government would soon be in a position to indicate the necessary action taken in this regard.

The Government indicates in its latest report that both pieces of legislation referred to above are still under review. The Committee trusts that the necessary measures will at last be taken to bring the legislation into conformity with the Convention and requests the Government to report any progress made in this direction.