Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes with regret that the Government's report has not been received.

Referring to its observation, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 1(a) of the Convention. In previous comments, the Committee noted that under a Decree adopted by the People's Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. Referring also to articles 77, 79 and 95 of the Constitution, the Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c) and (d). The Committee has previously noted that under section 347(1) and (2) of the Maritime Law local authorities shall apprehend and deliver a seaman who deserts from his vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. The Committee also noted that under section 348 various other offences against labour discipline by seamen such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work).

The Committee referred to paragraphs 117 and 125 of its 1979 General Survey on the Abolition of Forced Labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee again requests the Government to provide information on any measures taken or envisaged to bring sections 347 and 348 of the Maritime Law into conformity with the Convention.