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

Abolition of Forced Labour Convention, 1957 (No. 105) - Seychelles (Ratification: 1978)

The Committee notes with regret that no report has been received from the Government. It 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:

Article 1(c) and (d) of the Convention. In previous comments the Committee referred to sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, 1951, under which seamen who desert their ships were liable to imprisonment (involving, under section 39 of the Prisons Act, Cap. 37, an obligation to work), as well as to forcible return on board ship, and seamen who combine for the purpose of disobeying commands or who neglect their responsibilities or hinder the navigation of the ship were also liable to imprisonment.

The Committee noted from the Government's report for the period 1991-94 that, while both the Local Trading Vessels Ordinance and the Prisons Act have been revised to be replaced by the Merchant Shipping Act 13 of 1992 and the Prisons Act 18 of 1991, sections 152 and 153 of the Merchant Shipping Act contain similar provisions to those of sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, and section 39 of the Prisons Act, Cap. 37, has been maintained in the Prisons Act 1991 by its section 28.

The Government, however, pointed out that it should be noted that though the Merchant Shipping Act has been promulgated, it has not entered into force; that the Constitution in its Schedule 7.2(1) makes provisions for all the existing laws which are inconsistent to the Seychellois Charter of Human Rights (article 17 of the Constitution of the Republic of Seychelles) to be progressively revised, and that consequently, the provisions of the Merchant Shipping Act and the Prisons Act which are not consistent with the provisions of the Forced Labour Convention have been referred to the authorities concerned for their rectification; and that the Government hopes to communicate the amendments made in its next report.

The Committee looks forward to learning of the amendments made.