Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 1(c) and (d) of the Convention. 1. In previous comments, the Committee noted that the provisions of section 157(1)(a), (b) and (e) of the Shipping Act, 1987 provide for penalties of imprisonment (involving, under rules 255 and 269(3) of the Prisons Rules, compulsory labour) for disobeying lawful commands and are substantially identical to provisions of the Merchant Shipping Act, 1894, which had been the subject of comments by the Committee for many years. While subsection (2) of section 157 of the Shipping Act, 1987 excludes the application of subsection (1) to a lawful strike after the ship has been secured in good safety to the satisfaction of the master and the port authority at a port in Trinidad and Tobago, subsection (1) may still be applied to strikes outside Trinidad and Tobago as well as to breaches of labour disciplines which do not endanger the safety of the ship or the life or limb of persons (endangering life or ship is the subject of a specific provision in section 156, which has no bearing on the Convention). Similarly, section 158 of the Shipping Act, 1987 follows section 221 of the 1894 Act in punishing desertion and absence without leave with penalties of imprisonment involving compulsory labour. Finally, section 162 of the 1987 Act still provides for the apprehending and forcible conveyance of deserters on board ship upon the request of the master of the ship, regarding both seamen deserting in Trinidad and Tobago from a ship registered abroad and, by way of reciprocity, seamen deserting in a foreign State from a ship registered in Trinidad and Tobago.

The Committee noted the indication in the Government's report for 1989-91 that the above-mentioned provisions were being examined in consultation with the Minister of Works, Infrastructure and Decentralization entrusted with the administration and implementation of the Shipping Act, 1987, as well as with the Solicitor-General.

The Committee notes from the Government's latest report that additional measures to bring sections 157(1)(a), (b) and (e), 158 and 162 of the Shipping Act, 1987 into conformity with the Convention are still to be examined in consultation with the Ministry of Works and Transport entrusted with the administration and implementation of the Shipping Act, 1987, as well as with the Solicitor-General. The Committee hopes that the necessary action will now be taken and that the Government will soon report on the proposed amendments.

2. In its previous comments the Committee referred to section 8(1) of the Trade Disputes and Protection of Property Ordinance, under which penalties involving compulsory labour may be imposed for breach of contract by persons employed in certain public services where the probable consequences would be to deprive the inhabitants, wholly or to a great extent, of such services. The Committee observed that certain of the services mentioned in section 8(1) of the Ordinance (electricity, water, health, sanitary or medical services) are strictly essential because their interruption could endanger the life, personal safety or health of the whole or part of the population, while in others (namely, railway, tramway, ship or other transport services) only a few posts essential to security might fall under the same category. The Government indicated that no penalties involving compulsory labour had been imposed in the country for the purposes enumerated.

In its latest report the Government once more indicates that the Committee's observations with regard to the Ordinance have again been noted and will be given full consideration. The Committee hopes that accordingly appropriate amendments will now be prepared and that the Government will soon report on the action taken to bring section 8(1) of the Ordinance into conformity with the Convention.

Article 1(d). 3. The Committee noted in previous comments that under section 69(1)(d) and (2) of the Industrial Relations Act, Chapter 88.01, teachers in the public service are prohibited from taking part in a strike, subject to penalties of imprisonment involving the obligation to work.

The Committee noted the Government's indication in its report for 1989-91 that the work of the Committee which was appointed to review all the Service Acts and their relevant regulations was still continuing. The Committee also noted that draft regulations to provide for a Code of Conduct for civil servants and for teachers had been prepared.

In its latest report, the Government again indicates that the work of the Committee which was appointed to review all the Service Acts and their relevant regulations is still continuing. The Committee hopes that the necessary action to bring section 69(1)(d) and (2) of the Industrial Relations Act into conformity with the Convention will now be taken and that the Government will report on the proposed amendments.

[The Government is asked to report in detail in 1996.]