Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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 matters raised in its previous direct request, which read as follows:

Article 1, subparagraphs c and d, of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 153 of the Merchant Shipping Act, 1992, under which 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 has noted the Government’s indication in its report that the Merchant Shipping Act has been revised in consultation with the International Maritime Organization, and the Bill is expected to be put before the National Assembly for consideration soon. The Committee expresses firm hope that the legislation will be brought into conformity with the Convention in the near future and requests the Government to communicate a copy of the Bill with its next report.