Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Abolition of Forced Labour Convention, 1957 (No. 105) - South Africa (Ratification: 1997)

Communication of texts. The Committee again requests the Government to supply copies of the provisions governing the press, public assemblies, meetings and demonstrations, so that the Committee could ascertain their conformity with the Convention.

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. The Committee previously noted that penalties of imprisonment (involving an obligation to perform labour, under section 37(1)(b) of the Correctional Services Act, 1998) may be imposed on a seafarer under the following provisions of the Merchant Shipping Act, 1951, as amended:

–      under section 174(2)(c), read in conjunction with section 313(2), if a seafarer is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty;

–      under section 174(2)(d), read in conjunction with section 313(2), if a seafarer combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or retard the progress of the voyage.

Moreover, sections 321 and 180(2)(b) of the Merchant Shipping Act provide for the forcible conveyance of seafarers on board ship to perform their duties.

The Committee observes that provisions of section 174(2)(c) and (d) are not limited to acts or omissions leading to the immediate loss, destruction or serious damage of the ship, or endangering the life of or causing injury to persons on board. In fact, section 174(2)(c) and (d) provides for the imposition of sanctions involving compulsory labour as a means of labour discipline (and possibly as a punishment for having participated in strikes) and is thus incompatible with Article 1(c) (and, in so far as applicable in case of strikes, to Article 1(d)) of the Convention.

As regards provisions of sections 321 and 180(2)(b) concerning forcible conveyance of seafarers on board ship to perform their duties, the Committee recalls that measures to ensure the due performance of a worker’s service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention.

The Committee previously noted the Government’s indication that Chapter 4 of the Merchant Shipping Act, 1951, is being reviewed in the light of the issues raised under Article 1(c) and (d) of the Convention. In its latest report, the Government states that the Department of Transport has put forward proposed amendments to the Merchant Shipping Act in order to enable the country to ratify both the Maritime Labour Convention, 2006, and the Work in Fishing Convention, 2007 (No. 188). The Government also indicates that the proposed amendments have been tabled at the National Economic Development and Labour Council (NEDLAC) for comments and inputs from the social partners.

The Committee trusts that the proposed amendments to the Merchant Shipping Act, 1951, will be adopted in the near future and the above provisions will be brought into conformity with the Convention. It requests the Government to supply, in its next report, information on the progress achieved in this regard.