Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Italy (Ratification: 1968)

Other comments on C105

Observation

1991

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2018

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Article 1(c) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as a means of labour discipline. For many years the Committee has been drawing the Government’s attention to the incompatibility with the Convention of sections 1091(1) and 1094(1) of the Maritime Code, under the terms of which sentences of imprisonment may be imposed upon maritime and aeronautical transport staff in the event of desertion resulting in considerable difficulties in the navigation service, and in the event of insubordination in a technical service of a ship or an aircraft. Under the terms of section 23(1) of the Penal Code, sentences of imprisonment involve the obligation to work. The Committee noted the Government’s information that amendments to the abovementioned sections were under way.

The Committee notes with interest that sections 1091(1) and 1094(1) of the Maritime Code have been amended by Act No. 113 of 2013 which ratifies the Maritime Labour Convention. According to section 3(2) of Act No. 113, which replaces section 1091(1) of the Maritime Code, a crew member who does not go on board ship or aircraft or abandons the ship or aircraft, thereby causing danger to the life or physical safety of persons or to the safety of the ship or aircraft shall be punished with imprisonment of one to three years. In cases where, such acts by the crew member causes significant difficulty to the navigation service or results in serious disturbance to a public service or public need, administrative fines ranging from €3,000 to €25,000 shall be imposed. The Committee also notes that according to section 3(3) of Act No. 113, penalties of fines shall be imposed to a crew member who does not carry out the order of a superior relating to the technical service of a ship, waterborne craft or aircraft when the service is engaged in a manoeuvre or if such acts leads to significant difficulty in the navigation service or a serious disturbance in a public service or a service of public importance. Where such acts endanger to the life or safety of people or the safety of the ship, waterborne craft or aircraft, the penalties shall be imprisonment for up to three years.