Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 1(c) and (d) of the Convention. In its earlier comments the Committee noted that under section 126 of the Marine Act No. 35 of 1986 a seaman who during an international voyage wilfully and persistently neglects his duty or disobeys lawful commands or combines with other seamen for the same purpose or for impeding the navigation of the vessel is liable to imprisonment for up to two years. Referring to paragraphs 110 and 117 to 125 of its General Survey of 1979 on the abolition of forced labour the Committee pointed out that the imposition of penalties of imprisonment, involving compulsory labour, for breaches of 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.

In its latest report, received in 1995, the Government indicates that the Director of Marine, to whom the matter had been referred for consideration of changes in the light of the Committee's comments, expressed the view that "the interpretation of section 126 of the Marine Act clearly deals with offences which endanger the safety of the vessel or the life or health of persons"; in his view, wilful and persistent neglect of duty and impeding navigation of the vessel may only result in endangering the vessel and the lives of the people on board. The Committee takes due note of this view. It also notes that "misconduct endangering a vessel or persons on board" is the specific subject of section 125 of the Marine Act, which has not given rise to comments under the Convention, while section 126 deals with "continual or concerned disobedience", without any reference to endangering the vessel or persons; moreover, it is not apparent how disciplinary offences such as wilful and persistent neglect of a non-security relevant duty, or participation in a strike while the ship is safely lying in a foreign harbour, should endanger the vessel and the lives of the people on board. Since, however, the Government seems to share the view that penalties involving compulsory labour should only be applicable to offences endangering the safety of the vessel or the life or health of persons, the Committee hopes that the necessary measures will now be taken to amend section 126 so as to clearly limit its scope, and that the Government will soon indicate the action taken.