Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Abolition of Forced Labour Convention, 1957 (No. 105) - Mauritius (Ratification: 1969)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. The Committee previously noted that pursuant to section 217(8)(n) of the Merchant Shipping Act (No. 26 of 2007) refusal to obey the master’s order or neglect of duty by a seafarer is punishable with imprisonment (involving compulsory prison labour). In this regard, the Government indicated that it had drawn the competent ministry’s attention to the fact that the above provision was not compatible with the Convention, and the ministry concerned had undertaken to initiate action towards its amendment.

The Committee notes the Government’s statement that action has been initiated by the ministry concerned to amend section 217(8)(n) of the Merchant Shipping Act, and that the necessary amendments have been referred to the State Law Office for vetting. Referring to paragraph 312 of the 2012 General Survey on the fundamental Conventions concerning rights and work, the Committee once again recalls that in order to be compatible with the Convention, provisions imposing penalties of imprisonment on seafarers for breaches of labour discipline should be restricted to actions that endanger the safety of the ship or the life or health of persons. The Committee requests the Government to pursue its efforts towards the amendment of section 217(8)(n) of the Merchant Shipping Act, particularly by limiting the provision’s scope to situations where the safety of the ship or the life or health of persons is endangered, in conformity with the Convention. It requests the Government to provide a copy of the amended Act, once adopted.