Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Abolition of Forced Labour Convention, 1957 (No. 105) - Barbados (Ratification: 1967)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 148(1)(b) and (c) of the Shipping Act, 1994-15, under which seafarers may be imprisoned for one month and three months, respectively, if guilty of wilful disobedience (or continued wilful disobedience) to any lawful command. It also referred to section 149(a) and (b) of the same Act, under which deserting seafarers or seafarers absent without leave may be imprisoned for three and two months, respectively. The Committee noted that under section 64 of the Prison Rules, 1974, prisoners are required to work.

The Committee recalled that, since Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline, the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. It therefore hoped that measures would be taken to re-examine the above-mentioned sections of the Shipping Act in accordance with the above considerations, with a view to ensuring that no penalties involving compulsory labour may be imposed for violations of labour discipline. The Committee also refers in this connection to paragraph 179 of its 2007 General Survey on the eradication of forced labour, where it pointed out that only cases where the safety of the ship or the life or health of persons are endangered would not be covered by this provision of the Convention.

The Committee previously noted the Government’s indication that the above-mentioned provisions of the Shipping Act had been never applied in practice. However, as regards the revision, the Government indicates in its latest report that no measures have been taken to amend the shipping legislation.

While noting these indications, and noting also that the above provisions of the Shipping Act have been the subject of comments for a considerable number of years, the Committee reiterates the firm hope that measures will at last be taken to bring the shipping legislation into conformity with the Convention and the indicated practice, and that the Government will provide information on the progress made in this regard.