Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Repetition

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to the following provisions of the Jamaica Shipping Act, 1998, under which certain disciplinary offences are punishable with imprisonment (involving an obligation to perform labour under the Prisons Law):

• – section 178(1)(b), (c) and (e), which provides for penalties of imprisonment, inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage; an exemption from this liability applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica (section 178(2)); and
• – section 179(a) and (b), which punishes, with similar penalties, the offences of desertion and absence without leave.

The Committee recalled, referring to paragraphs 179–181 of its 2007 General Survey on eradication of forced labour, that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience, are not in conformity with the Convention. In this regard, the Committee noted the Government’s indication that amendments would be made to the Shipping Act, 1998 after a general review and updating of the legislation.

The Committee notes the Government’s statement in its report that amendments to the Shipping Act of 1998 are intended to bring it into conformity with the Maritime Labour Convention of 2006 (MLC, 2006) and hence do not cover the above provisions. The Government also indicates that the shipping industry of Jamaica and the country as a whole do not use any forms of forced or compulsory labour, including as a means of labour discipline. Moreover, the Government states that the disciplinary procedures of the Shipping Association of Jamaica are circumscribed by the Joint Labour Agreement between the Shipping Company and the Unions that represent workers in the Bargaining unit, such as the Bustamante Industrial Trade Union, the Trade Union Congress and the United Port Workers and Seamen’s Union. The Government also states that during the period of review, no decisions have been made by the court of law or other tribunals in relation to the above provisions of the Shipping Act.

The Committee takes due note of the Government’s statement and referring to paragraph 312 of its General Survey of 2012 on the fundamental Conventions, it recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline and that the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Observing that the above provisions of the Shipping Act have been the subject of comments since 2002, the Committee urges the Government to take the necessary measures to ensure the amendments of the Shipping Act are adopted so as to bring the legislation into line with the Convention and the indicated practice. It requests the Government to provide information on the progress made in this regard.