Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the Government's report.

Article 1(c) of the Convention. In its earlier comments the Committee noted that under section 148(1)(b) and (c) of the Shipping Act, 1994-15, seafarers may be imprisoned for one month and three months, respectively, if guilty of wilful disobedience to any lawful command, and that under section 149(a) and (b), deserting seafarers or a seafarer absent without leave may be imprisoned for three and two months, respectively. The Committee also noted that under section 64 of the Prison Rules, 1974, prisoners are required to work. It requested the Government to re-examine the abovementioned sections of the Shipping Act with a view to ensuring that no penalties involving compulsory labour may be imposed for violations of labour discipline.

The Committee noted the Government's indication in its report received in June 1998 that the Shipping Act was under review as regards its conformity with the Convention. However, in its latest report received in September 1999 the Government states that it has seen no evidence of any penalties involving compulsory labour which may be imposed for violation of labour discipline under section 148(1)(b) and (c) of the Shipping Act 1994-15.

The Committee recalls in this connection 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. As was pointed out in paragraphs 117 to 119 of the Committee's 1979 General Survey on the abolition of forced labour, only cases where the safety of the ship or the life or health of the persons on board are endangered would not be covered by this provision of the Convention.

Since the abovementioned provisions of the Shipping Act, 1994-15 and corresponding provisions of earlier legislation have been the subject of comments for a considerable number of years, the Committee hopes that measures will soon be taken to bring the shipping legislation into conformity with the Convention, and that the Government will provide information on the measures adopted to this end.