Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Abolition of Forced Labour Convention, 1957 (No. 105) - Namibia (Ratification: 2000)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. The Committee previously noted that sections 174(2)(b), (c) and (d), 175(1) and (2), and 176(1) and (2) of the Merchant Shipping Act, read in conjunction with section 313 (on penalties), provide that penalties of imprisonment (involving, by virtue of section 81 of the Prisons Act, 1998, an obligation to perform labour) may be imposed for breaches of discipline such as desertion, absence without leave, disobedience and neglect of duty. The Committee also noted that sections 321 and 322 of the Merchant Shipping Act also provide for the forcible conveyance of seafarers on board ship. The Committee noted that although sections 2(4) and 2(5) of the Labour Act of 2007 state that the provisions of the Labour Act shall apply in cases of conflict with the Merchant Shipping Act, the Labour Act did not contain provisions concerning labour discipline in merchant shipping, and consequently the abovementioned provisions of the Merchant Shipping Act remain applicable. The Committee expressed the hope that measures would be taken to amend the Merchant Shipping Act in order to bring the legislation into conformity with the Convention.

The Committee notes the Government’s statement that it is in the process of repealing the Merchant Shipping Act, 1951 (No. 57), with the assistance of a consultant from the International Maritime Organization. The Government indicates that a stakeholders’ workshop is planned for 2012, to discuss a new draft of the revised version of the Act.

In this regard, the Committee recalls that 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 Committee further recalls that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience, are incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship, or the life or health of persons (such as provided for in section 174(1) of the Merchant Shipping Act) are excluded from the Convention. The Committee therefore requests the Government to take the necessary measures, in the context of the revision of the Merchant Shipping Act, to ensure that the following offences are not punishable with penalties of imprisonment involving compulsory labour (where the ship or the life or health of persons are not endangered): wilfully disobeying any lawful command or neglecting duty (section 174(2)(b) and (c)); combining with any of the crew to disobey lawful commands, neglect duty, impede the navigation of the ship or retard the progress of the voyage (section 174(2)(d)); preventing, hindering or retarding the loading, unloading or departure of the ship (section 174(2)(g)); desertion (section 175(1) and (2)); and absence without leave (section 176(1) and (2)). Moreover, the Committee requests the Government to take the necessary measures to ensure that sections 321 and 322 of the Merchant Shipping Act (providing for the forcible conveyance of seafarers on board a ship) are repealed, or to restrict their application to situations where the ship or the life or health of persons are endangered. The Committee requests the Government to provide information in its next report on the progress made in this regard, and to provide a copy of the revised Merchant Shipping Act, once adopted.