Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 1(c) of the Convention. Sanctions involving compulsory labour as 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 No. 57 of 1951, 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 on seafarers for breaches of discipline. The Committee also noted that sections 321 and 322 of the Merchant Shipping Act provide for the forcible conveyance of seafarers on board ship. It noted the Government’s statement that once the draft Namibia Maritime Authority Act is passed, the draft Merchant Shipping Act would be adopted without further delay thus repealing the Merchant Shipping Act No. 57 of 1951. The Committee thus requested the Government to take the necessary measures to ensure that sections 174(2)(b), (c) and (d), 175(1) and (2), and 176(1) and (2) are not punishable with penalties of imprisonment involving compulsory labour, and to ensure that sections 321 and 322 are repealed or restricted to situations where the ship or the life or health of persons are endangered.

The Committee notes the Government’s indication, in its report, that the draft Namibia Maritime Authority Act is still under consideration at Cabinet level. The Government indicates that the Merchant Shipping Bill has been submitted to the Attorney General for examination, and that it will provide a copy of the Act, once adopted.

The Committee notes that the Correctional Service Act No. 9 of 2012 has repealed and replaced the Prisons Act of 1998. It notes that under section 95 of the Correctional Service Act, penalties of imprisonment involve an obligation to perform work.

The Committee takes due note of section 313(1) as amended, which repeals sanctions involving imprisonment for offences under sections 174(2)(b), 175(1) and (2), and 176(1) and (2), related to the wilful disobedience to any lawful command or the wilful neglect of duty, desertion, and absence without leave, respectively. However, the Committee notes that sections 321 and 322 still provide for the forcible conveyance of seafarers on board ship, for seafarers sentenced to imprisonment for the offence of desertion or absence without leave or other breach of discipline. It also notes that, according to section 313(2), seafarers guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty (section 174(2)(c)), or of combination 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)), are still punishable with penalties of imprisonment. 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 breaches of labour discipline, such as desertion, absence without leave or disobedience, are incompatible with the Convention, as well as the forcible return of seafarers on board ship to perform their duties. 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 expresses the firm hope that the Government will take the necessary measures, in the context of the revision of the Merchant Shipping Act, to ensure that the offences under sections 174(2)(c) and (d) are not punishable with penalties of imprisonment involving compulsory labour (where the ship or the life or health of persons are not endangered). Moreover, the Committee once again 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. It also requests the Government to clarify whether seafarers guilty of desertion and absence without leave are liable to imprisonment, and to provide a copy of the revised Merchant Shipping Act, once adopted.