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

Abolition of Forced Labour Convention, 1957 (No. 105) - Jamaica (Ratification: 1962)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to the following provisions of the Jamaica Shipping Act, 1998, under which certain disciplinary offences are punishable with imprisonment (involving an obligation to perform labour under the Prisons Law):

• -section 178(1)(b), (c) and (e), which provides for penalties of imprisonment, inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage; an exemption from this liability applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica (section 178(2)); and
• -section 179(a) and (b), which punishes, with similar penalties, the offences of desertion and absence without leave.

The Committee recalls, referring to paragraphs 179–181 of its 2007 General Survey on the eradication of forced labour, that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience, are not in conformity 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 (e.g. as provided for in section 177 of the 1998 Shipping Act) have no bearing on the Convention.

The Committee previously noted the Government’s indication that the Maritime Authority had given written instructions to the Attorney General’s department and the office of the Parliamentary Council to amend the above sections of the Shipping Act, 1998, in order to make its provisions compatible with the Convention. In its 2010 report, the Government confirmed that an opinion had been received by the Attorney General’s chambers recommending that amendments be made to the Shipping Act, 1998, to bring it into conformity with the Convention. The Government also stated at the time that the Office of the Parliamentary Council is to be instructed to make the amendments to the relevant legislation accordingly.

The Committee notes the Government’s indication in its latest report that amendments will be made to the Shipping Act, 1998 after a general review and updating of the legislation. Observing that the Government has been referring to amendments to the Shipping Act, 1998, since 2004, the Committee urges the Government to take the necessary measures to bring the legislation into conformity with the Convention, for example, by limiting the scope of the relevant provisions of the Shipping Act, 1998, as indicated above. The Committee hopes that the Government will soon be in a position to report on the progress made in this regard.