Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Abolition of Forced Labour Convention, 1957 (No. 105) - South Africa (Ratification: 1997)

Other comments on C105

Observation

Direct Request

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Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. The Committee previously noted that sections 321, 322 and 180(2)(b) of the Merchant Shipping Act of 1951, as amended, provide for the forcible conveyance of seafarers on board ship to perform their duties, and recalled that measures to ensure the due performance of a worker’s service under compulsion of law (in the form of physical constraint or the menace of a penalty) were incompatible with Article 1(c) of the Convention. The Committee further noted that the Merchant Shipping Act also provided for penalties of imprisonment (which involves an obligation to perform labour, pursuant to section 37(1)(b) of the Correctional Services Act, 1998) for breaches of discipline by seafarers. Particularly, Chapter 4 of the Act provides for penalties of imprisonment (pursuant to section 313) for the following offences: wilfully disobeying any lawful command or neglecting duty (section 174(2)(b) and (c)); combining with any of the crew to disobey lawful commands, neglect duty, impede the navigation of the ship or retard the progress of the voyage (section 174(2)(d)); preventing, hindering or retarding the loading, unloading or departure of the ship (section 174(2)(f)); desertion (section 175(1) and (2)); and absence without leave (section 176(1) and (2)). The Committee observed that these provisions were not limited to acts or omissions leading to the immediate loss, destruction or serious damage of the ship, or endangering the life of, or causing injury to, persons on board and were thus also incompatible with Article 1(c) of the Convention. However, the Committee noted the Government’s indication that the Merchant Shipping Act was being reviewed and that amendments had been developed in this regard.

The Committee notes the draft Merchant Shipping Amendment Bill, submitted with the Government’s report. The Committee notes with concern that this draft Bill does not amend any of the abovementioned provisions, which have been raised by the Committee since 2004, concerning the application of this Convention. The Committee therefore urges the Government to revise the draft Merchant Shipping Amendment Bill with a view to achieving conformity with Article 1(c) of the Convention. Particularly, it requests the Government to take the necessary measures to ensure that the offences outlined in sections 174(2)(b), (c), (d) and (f), as well as sections 175(1) and (2) and 176(1) and (2) of the Merchant Shipping Act are not punishable with penalties of imprisonment involving compulsory labour, where the ship or the life or health of persons are not endangered, in conformity with Article 1(c) of the Convention. It also requests the Government to take the necessary measures to ensure that sections 321 and 322 of the Merchant Shipping Act are repealed, or to restrict their application to situations where the ship or the life or health of persons are endangered, in conformity with the Convention. The Committee requests the Government to provide information in its next report on the progress made in this regard.