Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - Granada (Ratificación : 1979)

Otros comentarios sobre C105

Solicitud directa

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Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. Following its previous comments, the Committee notes that the Criminal Code CAP. 72A of 1958 was amended by the Act of 2012. It notes with interest the decriminalization of defamation, by the repeal of section 252 which provided for prison terms of up to six months and two years, respectively.

Article 1(c). Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the 1894 United Kingdom Merchant Shipping Act, which was in force in Grenada, under which various breaches of labour discipline by seafarers not endangering the ship or the life or health of persons were punishable with imprisonment (involving an obligation to perform labour) and deserting seafarers might be forcibly returned to their ship to perform their duties. The Committee had noted that under sections 185(b) and (c), and 186(a) and (b) of the Shipping Act, 1994 (No. 47 of 1994), which repealed the 1894 Act, penalties of imprisonment still may be imposed for breaches of discipline such as disobedience to lawful command, neglect of duty, desertion and absence without leave. Moreover, section 191 of the Act provides for the forcible conveyance of deserting seafarers to ships registered in another country, where it appears to the minister that reciprocal arrangements will be made in that country.

The Committee recalled that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline. As the Committee repeatedly pointed out, only acts which endanger the ship or the life or health of persons are excluded from the scope of the Convention (General Survey on the eradication of forced labour, 2007, paragraphs 179–181).

The Committee notes the absence of information on this point. The Committee therefore reiterates its hope that the necessary measures will at last be taken with a view to amending the above provisions of the Shipping Act, either by repealing sanctions involving compulsory labour or by restricting their application to situations where the ship or the life or health of persons are endangered (as is the case, for example, in section 184 of the same Act), so as to bring the legislation into conformity with the Convention. The Committee requests the Government to provide, in its next report, information on progress made in this regard.