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

Abolition of Forced Labour Convention, 1957 (No. 105) - Trinidad and Tobago (Ratification: 1963)

Article 1(c) of the Convention. Sanctions involving compulsory labour for various breaches of labour discipline. For many years, the Committee has been referring to sections 157 and 158 of the Shipping Act, 1987, under which penalties of imprisonment (involving compulsory labour pursuant to sections 255 and 269(3) of the Prison Rules) may be imposed for breaches of labour discipline in circumstances where the life, personal safety or health of persons are not endangered. However, the Committee noted the Government’s indication that preparations had begun for the amendment of the Shipping Act, and that the Maritime Service Division would give due consideration to the provisions of the Convention in this regard.

The Committee notes the Government’s statement that a draft bill to amend the Shipping Act was considered by maritime stakeholders in September 2013, and that this bill is under consideration by the Legislative Review Committee prior to its introduction into Parliament. The Committee notes with concern that the proposed provisions do not remove the penalties of imprisonment (involving compulsory labour) for breaches of labour discipline, but instead increase the penalties for such breaches. Particularly, the amendments seek to increase the penalty of imprisonment (involving compulsory labour) for the following breaches of labour discipline: wilfully disobeying any lawful command (section 157(b)); continually disobeying any lawful command or wilfully neglecting duty (section 157(c)); combining with any of the crew to disobey a lawful command or to neglect duty (section 157(e)); desertion (section 158(a)); and neglecting to join a ship and absence without leave (section 158(b)).

Referring to paragraph 312 of the 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that provisions which permit the imposition of sentences of imprisonment involving compulsory labour for breaches of labour discipline are contrary to the Convention and only sanctions relating to acts endangering the ship or the life or health of persons are compatible with the Convention. The Committee therefore urges the Government to take the necessary measures to ensure that, within the framework of the amendments to the Shipping Act, sections 157(b), (c) and (e), and 158(a) and (b) are amended so that no penalty of imprisonment may be imposed for breaches of labour discipline.

Article 1(d). Sanctions for participating in strikes. The Committee previously noted that pursuant to section 8(1) of the Trade Disputes and Protection of Property Act, a person employed in certain public services (but not limited in this respect to services whose interruption might endanger the life, personal safety or health of the whole or part of the population) who wilfully and maliciously breaks a contract of service, is liable to a fine or to imprisonment of three months. It also noted that pursuant to section 69 of the Industrial Relations Act, penalties of imprisonment (involving compulsory labour) could be imposed on certain categories of workers for participation in an industrial action.

The Committee notes the Government’s statement that an advisory committee was appointed in February 2012 to review the Industrial Relations Act, and to propose specific amendments to this legislation. The Government also states that there is no government policy at this time concerning the amendment of the Trade Disputes and Protection of Property Act. In this regard, the Committee recalls that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour, including compulsory prison labour, as a punishment for having participated in a strike. With reference to its comments made in 2012 under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee requests the Government to take the necessary measures, within the framework of the review of the Industrial Relations Act, to ensure that no penalties of imprisonment may be imposed on persons for the peaceful participation in a strike. It also requests the Government to provide information on any measures taken or envisaged to amend the Trade Disputes and Protection of Property Act in this regard.