Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following the matters raised in its previous direct request:

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments the Committee referred to section 126 of the Marine Act No. 35, 1986, under which a seafarer who, during an international voyage, wilfully and persistently neglects his or her duty or disobeys lawful commands or combines with other seafarers for the same purpose or for impeding the navigation of the vessel, is liable to imprisonment for up to two years (which involves compulsory prison labour). The Committee pointed out that the imposition of penalties involving compulsory labour for breaches of labour discipline or participation in a strike is incompatible with the Convention, except for offences which endanger safety of the vessel or the life or health of persons.

The Committee noted the Government’s statement in its 2005 report that, although there was no vessel registered in Fiji that operated internationally, the Government shared the Committee’s view that measures should be taken to amend the above section, which does not specifically refer to offences which endanger safety of the vessel or the life or health of persons. However, while the Government indicated in its previous report that all efforts were being made with the relevant Ministry to amend section 126 with a view to bringing it into conformity with the Convention, no information on the follow up has been communicated in its latest report. The Committee therefore reiterates its hope that the necessary measures will at last be taken to amend this section so as to clearly limit its scope as explained above, and that the Government will soon be in a position to report the progress made in this regard.