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

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 recalled, referring to paragraphs 179–181 of its 2007 General Survey on 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. In this regard, the Committee noted the Government’s indication that the shipping industry of Jamaica and the country as a whole do not use any forms of forced or compulsory labour, including as a means of labour discipline. Moreover, the disciplinary procedures of the Shipping Association of Jamaica are circumscribed by the Joint Labour Agreement between the Shipping Company and the Unions that represent workers in the Bargaining unit, such as the Bustamante Industrial Trade Union, the Trade Union Congress and the United Port Workers and Seamen’s Union. The Government further stated that during the period of review, no decisions had been made by the court of law or other tribunals in relation to the above provisions of the Shipping Act. The Committee urged the Government to take the necessary measures to ensure the adoption of the amendments of the Shipping Act so as to bring the legislation into line with the Convention.

The Committee notes the Government’s information in its report that the Policy Unit of the Ministry of Transport and Mining is in the process of preparing a draft Cabinet Submission for seeking Cabinet’s approval to amend the provisions of the Shipping Act of 1998 that are in breach of the provisions of the Convention. Referring to paragraph 312 of its General Survey of 2012 on fundamental Conventions, the Committee once again 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 and that the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Noting that the above provisions of the Shipping Act have been the subject of comments since 2002, the Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments of the Shipping Act are adopted without any further delay so as to bring the legislation into line with the Convention. It requests the Government to provide information on the progress made in this regard.