Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Repetition

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the 1894 United Kingdom Merchant Shipping Act, which was in force in Grenada, under which various breaches of labour discipline by seafarers not endangering the ship or the life or health of persons were punishable with imprisonment (involving an obligation to perform labour) and deserting seafarers might be forcibly returned to their ship to perform their duties. The Committee had noted that under sections 185(b) and (c), and 186(a) and (b) of the Shipping Act, 1994, No. 47, which repealed the 1894 Act, penalties of imprisonment still may be imposed for breaches of discipline such as disobedience to lawful command, neglect of duty, desertion and absence without leave. Moreover, section 191 of the Act provides for the forcible conveyance of deserting seafarers to ships registered in another country, where it appears to the minister that reciprocal arrangements will be made in that country.

The Committee notes the Government’s indication in its report that it endorses the comments made by the Committee to have the above-mentioned legislation amended to comply with Article 1(c) of the Convention. The Government states that it remains committed to ensuring that the competent authority (Ministry of Legal Affairs) amends the provisions of the Shipping Act, either by repealing the sections involving compulsory labour or by restricting their application to situations where the ship or life or health of persons are endangered with a view to bringing the legislation into conformity with the Convention. The Committee therefore reiterates its hope that the necessary measures will at last be taken with a view to amending the above provisions of the Shipping Act, either by repealing sanctions involving compulsory labour or by restricting their application to situations where the ship or the life or health of persons are endangered (as it is the case, for example, in section 184 of the same Act), so as to bring the legislation into conformity with the Convention. The Committee requests the Government to provide, in its next report, information on progress made in this regard.