Abolition of Forced Labour Convention, 1957 (No. 105) - Seychelles (Ratification: 1978)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(d). Sanctions for participation in strikes. In its previous comments, the Committee requested that the Government take the necessary measures to amend sections 52(4) and 56(1) of the Industrial Relations Act 1991 (IRA) to ensure that no sentences of imprisonment involving compulsory labour can be imposed for the peaceful participation in strikes. Section 56(1) of the IRA provides that participation in an unlawful strike or lockout shall be punished with a fine and imprisonment for a term of six months (involving an obligation to perform labour, in accordance with section 28(1) of the Prison Act 1991). Section 52(4) of the IRA provides that the competent Minister is allowed to declare a strike to be unlawful if he or she is of the opinion that its continuance would endanger, among other things, the “public order or the national economy”. In this respect, the Committee noted the Government’s indication that, in view of the Committee’s comments, it had been proposed to the national tripartite constituents in February and July 2016, as part of the ongoing review of the IRA, for offences related to strikes to be liable to a fine, and not imprisonment. It also noted that section 56(1) of the IRA had not been applied in practice.

The Committee notes the Government’s reference, in its report, to proposals for other amendments to the IRA in February 2016, namely to restrict the situations where a strike can be declared unlawful by the minister under section 52(4) of the IRA to cases of acute national crisis. The Committee notes, however, that the Government has not provided any new information on progress made after 2016 with the amendment of section 56(1) of the IRA aimed at substituting sanctions of imprisonment with fines for offences relating to the participation in strikes. It further notes the Government’s indications that there have been no court decisions handed down relating to sections 52(4) and 56 of the IRA. The Committee therefore reiterates its previous indications that, under the current legislation, a strike could be declared unlawful, even if conducted peacefully, and that a sanction of imprisonment involving compulsory labour could be imposed on a person peacefully participating in such a strike. The Committee once again requests the Government to take the necessary measures to amend or repeal sections 52(4) and 56(1) of the IRA, so as to ensure that no sanction of imprisonment involving compulsory labour could be imposed as a punishment for peaceful participation in strikes, for instance by limiting such sanctions to fines. In this regard, the Committee also refers to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its previous comments, the Committee firmly hoped that section 153 of the Merchant Shipping Act as amended in 2015, would be reviewed in light of the Convention, with a view to ensuring that no sanction involving an obligation to perform work may be imposed as a disciplinary measure applicable to seafarers. The Committee notes that the Merchant Shipping Act has been amended by the Merchant Shipping (Amendment) Act, 2019 (Act 3 of 2020). The Committee notes with satisfaction that the penalties established for the infringement of section 153 (persistent and wilful neglect of duty, disobedience of lawful commands or impeding of the navigation of the ship) are now limited to fines.

The Committee is raising other matters in a request addressed directly to Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(d). Sanctions for participation in strikes. In its previous comments, the Committee noted that section 56(1) of the Industrial Relations Act 1991 (IRA) states that any person who calls, institutes, organizes, carries on, participates, procures or invites another person to take part in an unlawful strike or lockout shall be punished with a fine and imprisonment for a term of six months (involving an obligation to perform labour). The Committee previously noted the Government’s indication that section 56(1) cannot be applied for the peaceful participation in peaceful strikes but only applied to unlawful strikes constituting criminal offences. The Committee also noted that according to section 52(4) of the IRA, the minister is allowed to declare a strike to be unlawful if he or she is of the opinion that its continuance would endanger, amongst other things, “public order or the national economy”. Consequently, the Committee noted that it appeared that, in legislation, a strike could be declared unlawful even if conducted peacefully, and that a sanction of imprisonment involving compulsory labour could be imposed on a person peacefully participating in such a strike. The Committee requested the Government to take the necessary measures within the framework of the review of the IRA to bring the legislation into conformity with the Convention by ensuring that no sanctions of imprisonment, involving compulsory labour, can be imposed for the peaceful participation in a strike. Pending the adoption of such measures, the Committee also requested the Government to continue to provide any available information on the application of section 56(1) of the IRA in practice.

The Committee notes the Government’s indication in its report, that section 56(1) of the IRA does not apply to peaceful participation in peaceful strikes and that the section would only be relevant in relation to unlawful strikes constituting criminal offences. The Committee also notes that according to the Government, section 56(1) has not been applied in practice. The Committee takes note of the Government’s indication that, in view of the Committee’s comments, it has been proposed, as part of the ongoing review of the IRA, for offences related to strikes to be a penalty of a fine, excluding imprisonment. The proposals were presented to the national tripartite constituents in February and July 2016.

With reference to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee observes that the Government indicated that in 2015, the Ministry of Labour and Human Resources Development (MLHRD) established a committee to review the IRA and that this committee has only had the chance to examine sections 1–9, and that sections 52(4) and 56(1) have not yet been addressed. Moreover, a roadmap was prepared to ensure the regular process in the review of the IRA and priority was given to the review of the Employment Act, while the review of the IRA was put on hold due to the lack of expertise and human resources. The Committee also notes that the Government expressed the need for ILO technical assistance and stated that it would forward the draft IRA for the ILO’s comments prior to the validation workshop. While taking due note of this information and referring also to the comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee trusts that the necessary measures will be taken to repeal or amend the above provisions of the Industrial Relations Act, so as to ensure that no sanction of imprisonment involving compulsory labour could be imposed as a punishment for peaceful participation in strikes. Please provide information on the progress made in this regard. Pending the adoption of such measures, the Committee requests the Government to provide copies of relevant court decisions handed down under the abovementioned provisions which could define or illustrate their scope.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For many years, the Committee has referred to section 153 of the Merchant Shipping Act 1992 under which a seafarer who, alone or in combination with seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship, is liable to a sentence of imprisonment of five years, involving an obligation to perform labour, in accordance with section 28-1 of the Prison Act 1991. The Government stated that it was undertaking a revision of the Merchant Shipping Act 1992. The Committee requested the Government to pursue its efforts, within the framework of this revision, to ensure that no penalty of imprisonment involving compulsory labour may be imposed as a punishment of labour discipline and to indicate the current stage of the revision process of the Merchant Shipping Act.

The Committee notes the ratification by the Seychelles of the Maritime Labour Convention, 2006 (MLC, 2006) on 7 January 2014 and that the Merchant Shipping Act was amended in 2015 following the entry into force of the MLC, 2006. The Committee notes with regret the Government’s indication in its report that the penalties under section 153 of the Merchant Shipping Act 1992 remain in force. The Committee notes the Government’s indication that imprisonment does not involve compulsory labour and that further discussion on the amendment of this section will be discussed with the relevant authority in due course. However, the Committee notes that according to section 28(1) of the Prison Act of 1991, every prisoner confined in a prisoner pursuant to a warrant of conviction, shall be liable to work at such labour within or outside the precincts of the prison as may be directed by the Superintendent and so far as practicable such labour shall take place in association or outside cells.

The Committee recalls once again that the imposition of penalties involving compulsory labour for breaches of labour discipline is contrary to the Convention unless these penalties punish acts endangering the ship or the life or health of persons. The Committee expresses the firm hope that section 153 of the Merchant Shipping Act as amended in 2015, will be reviewed in light of the Convention, with a view to ensuring that no sanction involving an obligation to perform work may be imposed as a disciplinary measure applicable to seafarers and that the Government will indicate, in its next report, the measures taken or envisaged to amend the legislation.

The Committee is also raising other matters in a request addressed directly to Government.

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

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 153 of the Merchant Shipping Act, 1992, under which any seafarer who, alone, or in combination with other seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship is liable to a sentence of imprisonment of five years (involving an obligation to perform labour, in accordance with section 28(1) of the Prisons Act 1991). The Committee recalled that provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline are contrary to the Convention and that only sanctions relating to acts endangering the ship or the life or health of persons are not covered by the Convention.

The Committee notes the Government’s statement that it is undertaking a revision of the Merchant Shipping Act, and that the Committee’s comments will be taken into account. The Government indicates in this regard that it is proposed to replace the current penalty with a pecuniary sanction, in order to meet the obligations under the Convention. The Committee requests the Government to pursue its efforts, within the framework of this revision to ensure that no penalty of imprisonment (involving compulsory labour) may be imposed as a punishment of labour discipline and to indicate the current stage of the revision process of the Merchant Shipping Act. It requests the Government to provide a copy of the revised legislation, once adopted.

Article 1(d). Sanctions for participating in strikes. The Committee previously noted that pursuant to section 56(1) of the Industrial Relations Act, any person who calls, institutes, organises, carries on, participates, procures or invites another person to take part in an unlawful strike or lockout shall be punished with a fine and imprisonment for a term of six months (involving an obligation to perform labour). It requested information on the application of this provision in practice.

The Committee notes the Government’s statement that while there have been unlawful strikes, section 56(1) of the Industrial Relations Act has not been applied. The Government also states that section 56(1) cannot be applied for the peaceful participation in peaceful strikes, and that it can only be applied with regard to unlawful strikes constituting criminal offences. In this regard, and with reference to its comment made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee observes that section 52(4) of the Industrial Relations Act allows the minister to declare a strike to be unlawful if he or she is of the opinion that its continuance would endanger, amongst other things, “public order or the national economy”. The Committee therefore observes that it appears that, in legislation, a strike could be declared “unlawful” even if conducted peacefully, and accordingly, a sanction of imprisonment (involving compulsory labour) could be imposed on a person peacefully participating in such a strike.

In this regard, the Committee welcomes the Government’s statement that the Industrial Relations Act is currently under review, and when section 56 is discussed, due consideration will be given to the Committee’s comments. The Committee therefore requests the Government to take the necessary measures, within the framework of the review of the Industrial Relations Act, to bring the legislation into conformity with the Convention by ensuring that that no sanctions of imprisonment (involving compulsory labour) can be imposed for the peaceful participation in a strike. Pending the adoption of such measures, the Committee requests the Government to continue to provide any available information on the application of section 56(1) of the Industrial Relations Act in practice.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 153 of the Merchant Shipping Act, 1992, under which any seafarer who, alone, or in combination with other seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship is liable to a sentence of imprisonment of five years (involving an obligation to perform labour, in accordance with section 28(1) of the Prisons Act 1991). The Committee recalled that provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline are contrary to the Convention and that only sanctions relating to acts endangering the ship or the life or health of persons are not covered by the Convention.

The Committee notes the Government’s indication in the report that the revision of the Merchant Shipping Act has been delayed due to unavailability of technical persons. It also notes the information that the Government has received ILO’s technical assistance to analyse the compliance of the Merchant Shipping Act with the Maritime Labour Convention (MLC), 2006. The Committee reiterates the firm hope that the legislation will be brought into conformity with the Convention in the near future and requests the Government to communicate a copy of the revised Act as soon as it is adopted.

Article 1(d). Sanctions for participating in strikes. The Committee notes, referring also to its comments addressed to the Government under Convention No. 87, that, by virtue of section 56(1), any person who calls, institutes, organises, carries on, participates, procures or invites another person to take part in an unlawful strike or lockout, shall be punished with a fine and imprisonment for a term of six months (involving an obligation to perform labour). The Committee recalls, referring also to the explanations in paragraph 189 of its 2007 General Survey on the eradication of forced labour that, regardless of the legality of the strike action in question, no sanctions of imprisonment should be imposed against a worker for peaceful participation in a strike. The Committee therefore hopes that measures will be taken to ensure that no sanctions involving compulsory labour could be imposed for the mere fact of a peaceful participation in strikes. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 56(1) in practice, supplying copies of court decisions and indicating the penalties imposed.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 153 of the Merchant Shipping Act, 1992, under which any seafarer who alone, or in combination with other seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship is liable to a sentence of imprisonment of five years (involving an obligation to perform labour, in accordance with section 28(1) of the Prisons Act 1991). The Committee recalled that provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline are contrary to the Convention and that only sanctions relating to acts endangering the ship or the life or health of persons are not covered by the Convention.

The Committee has noted the Government’s indication in its report that the Merchant Shipping Act has been revised in consultation with the International Maritime Organization, and the Bill is expected to be put before the National Assembly for consideration soon. The Committee expresses firm hope that the legislation will be brought into conformity with the Convention in the near future and requests the Government to communicate a copy of the Bill with its next report.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraphs c and d, of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 153 of the Merchant Shipping Act, 1992, under which any seafarer who alone, or in combination with other seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship is liable to a sentence of imprisonment of five years (involving an obligation to perform labour, in accordance with section 28(1) of the Prisons Act 1991). The Committee recalled that provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline are contrary to the Convention and that only sanctions relating to acts endangering the ship or the life or health of persons are not covered by the Convention.

The Committee has noted the Government’s indication in its report that the Merchant Shipping Act has been revised in consultation with the International Maritime Organization, and the Bill is expected to be put before the National Assembly for consideration soon. The Committee expresses firm hope that the legislation will be brought into conformity with the Convention in the near future and requests the Government to communicate a copy of the Bill with its next report.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 153 of the Merchant Shipping Act, 1992, under which any seafarer who alone, or in combination with other seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship is liable to a sentence of imprisonment of five years (involving an obligation to perform labour, in accordance with section 28(1) of the Prisons Act 1991). The Committee recalled that provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline are contrary to the Convention and that only sanctions relating to acts endangering the ship or the life or health of persons are not covered by the Convention.

The Committee has noted the Government’s indication in its report that the Merchant Shipping Act has been revised in consultation with the International Maritime Organization, and the Bill is expected to be put before the National Assembly for consideration soon. The Committee expresses firm hope that the legislation will be brought into conformity with the Convention in the near future and requests the Government to communicate a copy of the Bill with its next report.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 153 of the Merchant Shipping Act, 1992, under which any seafarer who alone, or in combination with other seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship is liable to a sentence of imprisonment of five years (involving an obligation to perform labour, in accordance with section 28(1) of the Prisons Act 1991). The Committee recalled that provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline are contrary to the Convention and that only sanctions relating to acts endangering the ship or the life or health of persons are not covered by the Convention.

The Committee has noted the Government’s indication in its report that the Merchant Shipping Act has been revised in consultation with the International Maritime Organization, and the Bill is expected to be put before the National Assembly for consideration soon. The Committee expresses firm hope that the legislation will be brought into conformity with the Convention in the near future and requests the Government to communicate a copy of the Bill with its next report.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(c) and (d) of the Convention. In its earlier comments, the Committee noted that under section 153 of the Merchant Shipping Act, 1992, any seafarer who alone, or in combination with other seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship is liable to a sentence of imprisonment of five years (involving an obligation to perform labour, in accordance with section 28(1) of the Prisons Act, 1991). The Committee recalled that provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline are contrary to the Convention and that only sanctions relating to acts endangering the ship or the life or health of persons are not covered by the Convention.

The Committee also noted the Government’s indication in its report of 2001 that it had been decided to revise the Prison Act, 1991, so that no prisoners would be liable to work while serving their sentences. The Committee expressed the hope that, whichever measures were contemplated to ensure the observance of the Convention, the Government would soon be in a position to indicate the necessary action taken in this regard.

The Government indicates in its latest report that both pieces of legislation referred to above are still under review. The Committee trusts that the necessary measures will at last be taken to bring the legislation into conformity with the Convention and requests the Government to report any progress made in this direction.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the Government’s report.

Article 1(c) and (d) of the Convention. In its earlier comments, the Committee noted that under section 153 of the Merchant Shipping Act, 1992, any seafarer who alone, or in combination with other seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship is liable to a sentence of imprisonment of five years (involving an obligation to perform labour, in accordance with section 28(1) of the Prisons Act, 1991). The Committee recalled that provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline are contrary to the Convention and that only sanctions relating to acts endangering the ship or the life or health of persons are not covered by the Convention.

The Committee also noted the Government’s indication in its report of 2001 that it had been decided to revise the Prison Act, 1991, so that no prisoners would be liable to work while serving their sentences. The Committee expressed the hope that, whichever measures were contemplated to ensure the observance of the Convention, the Government would soon be in a position to indicate the necessary action taken in this regard.

The Government indicates in its latest report that both pieces of legislation referred to above are still under review. The Committee trusts that the necessary measures will at last be taken to bring the legislation into conformity with the Convention and requests the Government to report any progress made in this direction.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the Government’s reply to its earlier comments.

Article 1(c) and (d) of the Convention. The Committee previously noted that, under section 153 of the Merchant Shipping Act, 1992, any seafarer who alone, or in combination with other seafarers, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship is liable to a sentence of imprisonment of five years (involving an obligation to perform labour, in accordance with section 28(1) of the Prisons Act, 1991) and a fine. The Committee recalled that provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline are contrary to the Convention and that only sanctions relating to acts endangering the ship or the life or health of persons are not covered by the Convention. It expressed the hope that the necessary measures would be taken to bring the merchant shipping legislation into conformity with the Convention.

The Committee has noted the Government’s indication in its report that it was decided to revise the Prisons Act, 1991, so that no prisoners would be liable to work while serving their sentences. It hopes that, whichever measures are contemplated to ensure the observance of the Convention, the Government will soon be in a position to indicate the necessary action taken in this regard.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s indication in its latest report that sections 152 and 153 of the Merchant Shipping Act of 1992 have been submitted to the office of the Attorney-General for possible amendments.

Under the terms of section 153, any seaman who alone, or in combination with other seamen, persistently and wilfully neglects his duty, disobeys lawful commands or impedes the navigation of the ship is liable to a sentence of imprisonment of five years (which, in accordance with section 28(1) of the Prisons Act, 1991, involves compulsory labour) and a fine of Rps.25,000.

The Committee recalls the comments that it has been making since 1965 on the provisions which permit the imposition of sentences involving compulsory labour for breaches of labour discipline, in violation of the requirements of the Convention. The Committee requests the Government to take the necessary measures to ensure observance of the Convention and to indicate in its next report the progress achieved in this respect.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Further to its previous comments, the Committee hopes that the Government's future reports will contain information on any developments regarding the maritime legislation, in relation to the requirements of Article 1(c) and (d) of the Convention.

2. The Committee has noted the comments received from the Seychelles Workers' Union. However, the Committee considers that matters raised have no incidence on the application of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(c) and (d) of the Convention. In previous comments the Committee referred to sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, 1951, under which seamen who desert their ships were liable to imprisonment (involving, under section 39 of the Prisons Act, Cap. 37, an obligation to work), as well as to forcible return on board ship, and seamen who combine for the purpose of disobeying commands or who neglect their responsibilities or hinder the navigation of the ship were also liable to imprisonment.

The Committee noted from the Government's report for the period 1991-94 that, while both the Local Trading Vessels Ordinance and the Prisons Act have been revised to be replaced by the Merchant Shipping Act 13 of 1992 and the Prisons Act 18 of 1991, sections 152 and 153 of the Merchant Shipping Act contain similar provisions to those of sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, and section 39 of the Prisons Act, Cap. 37, has been maintained in the Prisons Act 1991 by its section 28.

The Government, however, pointed out that it should be noted that though the Merchant Shipping Act has been promulgated, it has not entered into force; that the Constitution in its Schedule 7.2(1) makes provisions for all the existing laws which are inconsistent to the Seychellois Charter of Human Rights (article 17 of the Constitution of the Republic of Seychelles) to be progressively revised, and that consequently, the provisions of the Merchant Shipping Act and the Prisons Act which are not consistent with the provisions of the Forced Labour Convention have been referred to the authorities concerned for their rectification; and that the Government hopes to communicate the amendments made in its next report.

The Committee looks forward to learning of the amendments made.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(c) and (d) of the Convention. In previous comments the Committee referred to sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, 1951, under which seamen who desert their ships were liable to imprisonment (involving, under section 39 of the Prisons Act, Cap. 37, an obligation to work), as well as to forcible return on board ship, and seamen who combine for the purpose of disobeying commands or who neglect their responsibilities or hinder the navigation of the ship were also liable to imprisonment.

The Committee noted from the Government's report for the period 1991-94 that, while both the Local Trading Vessels Ordinance and the Prisons Act have been revised to be replaced by the Merchant Shipping Act 13 of 1992 and the Prisons Act 18 of 1991, sections 152 and 153 of the Merchant Shipping Act contain similar provisions to those of sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, and section 39 of the Prisons Act, Cap. 37, has been maintained in the Prisons Act 1991 by its section 28.

The Government, however, pointed out that it should be noted that though the Merchant Shipping Act has been promulgated, it has not entered into force; that the Constitution in its Schedule 7.2(1) makes provisions for all the existing laws which are inconsistent to the Seychellois Charter of Human Rights (article 17 of the Constitution of the Republic of Seychelles) to be progressively revised, and that consequently, the provisions of the Merchant Shipping Act and the Prisons Act which are not consistent with the provisions of the Forced Labour Convention have been referred to the authorities concerned for their rectification; and that the Government hopes to communicate the amendments made in its next report.

The Committee has noted these indications with interest and looks forward to learning of the amendments made.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report.

Article 1(c) and (d) of the Convention. In previous comments the Committee referred to sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, 1951, under which seamen who desert their ships were liable to imprisonment (involving, under section 39 of the Prisons Act, Cap. 37, an obligation to work), as well as to forcible return on board ship, and seamen who combine for the purpose of disobeying commands or who neglect their responsibilities or hinder the navigation of the ship were also liable to imprisonment.

The Committee notes from the Government's report that, while both the Local Trading Vessels Ordinance and the Prisons Act have been revised to be replaced by the Merchant Shipping Act 13 of 1992 and the Prisons Act 18 of 1991, sections 152 and 153 of the Merchant Shipping Act contain similar provisions to those of sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, and section 39 of the Prisons Act, Cap. 37, has been maintained in the Prisons Act 1991 by its section 28.

The Government, however, points out that it should be noted that though the Merchant Shipping Act has been promulgated, it has not entered into force; that the Constitution in its Schedule 7.2(1) makes provisions for all the existing laws which are inconsistent to the Seychellois Charter of Human Rights (article 17 of the Constitution of the Republic of Seychelles) to be progressively revised, and that consequently, the provisions of the Merchant Shipping Act and the Prisons Act which are not consistent with the provisions of the Forced Labour Convention have been referred to the authorities concerned for their rectification; and that the Government hopes to communicate the amendments made in its next report.

The Committee notes these indications with interest and looks forward to learning of the amendments made.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 1(c) and (d) of the Convention. In previous comments the Committee referred to sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, 1951, under which seamen who desert their ships are liable to imprisonment (involving, under section 39 of the Prisons Act, Cap. 37, an obligation to work), as well as to forcible return on board ship, and seamen who combine for the purpose of disobeying commands or who neglect their responsibilities or hinder the navigation of the ship may also suffer imprisonment.

The Government having indicated in its report for the period ending 30 June 1985 that it would shortly be revising all the Laws and that it had taken note of the inconsistency referred to in the direct request, the Committee expressed the hope that the Government, in the course of its impending revision of all the Laws of Seychelles would give consideration to bringing the Merchant Shipping legislation into conformity with the Convention.

The Committee noted the Government's information in its report for the period ending 30 June 1989 that a review of the Local Trading Vessels Ordinance, 1951, is under way and that these provisions have not been applied in recent years.

The Committee again expresses the hope that the Government will soon be in a position to report that the appropriate amendments have been adopted so as to bring the Merchant Shipping legislation into conformity with the Convention as well as with the indicated practice.

2. The Committee would appreciate the Government providing with its next report a copy of the National Youth Service Act No. 33 of 1980, with subsequent amendments, as well as any recent information on the application in practice of the Act.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 1(c) and (d) of the Convention. In previous comments the Committee referred to sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, 1951, under which seamen who desert their ships are liable to imprisonment (involving, under section 39 of the Prisons Act, Cap. 37, an obligation to work), as well as to forcible return on board ship, and seamen who combine for the purpose of disobeying commands or who neglect their responsibilities or hinder the navigation of the ship may also suffer imprisonment.

The Government having indicated in its report for the period ending 30 June 1985 that it would shortly be revising all the Laws and that it had taken note of the inconsistency referred to in the direct request, the Committee expressed the hope that the Government, in the course of its impending revision of all the Laws of Seychelles would give consideration to bringing the Merchant Shipping legislation into conformity with the Convention.

The Committee noted the Government's information in its report for the period ending 30 June 1989 that a review of the Local Trading Vessels Ordinance, 1951, is under way and that these provisions have not been applied in recent years.

The Committee again expresses the hope that the Government will soon be in a position to report that the appropriate amendments have been adopted so as to bring the Merchant Shipping legislation into conformity with the Convention as well as with the indicated practice.

2. The Committee would appreciate the Government providing with its next report a copy of the National Youth Service Act No. 33 of 1980, with subsequent amendments, as well as any recent information on the application in practice of the Act.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 1(c) and (d) of the Convention. In previous comments the Committee referred to sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, 1951, under which seamen who desert their ships are liable to imprisonment (involving, under section 39 of the Prisons Act, Cap. 37, an obligation to work), as well as to forcible return on board ship, and seamen who combine for the purpose of disobeying commands or who neglect their responsibilities or hinder the navigation of the ship may also suffer imprisonment.

The Government having indicated in its report for the period ending 30 June 1985 that it would shortly be revising all the Laws and that it had taken note of the inconsistency referred to in the direct request, the Committee expressed the hope that the Government, in the course of its impending revision of all the Laws of Seychelles would give consideration to bringing the Merchant Shipping legislation into conformity with the Convention.

The Committee noted the Government's information in its report for the period ending 30 June 1989 that a review of the Local Trading Vessels Ordinance, 1951, is under way and that these provisions have not been applied in recent years.

The Committee again expresses the hope that the Government will soon be in a position to report that the appropriate amendments have been adopted so as to bring the Merchant Shipping legislation into conformity with the Convention as well as with the indicated practice.

2. The Committee would appreciate the Government providing with its next report a copy of the National Youth Service Act No. 33 of 1980, with subsequent amendments, as well as any recent information on the application in practice of the Act.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. Article 1(c) and (d) of the Convention. In previous comments the Committee referred to sections 19, 20 and 22(e) of the Local Trading Vessels Ordinance, 1951, under which seamen who desert their ships are liable to imprisonment (involving, under section 39 of the Prisons Act, Cap. 37, an obligation to work), as well as to forcible return on board ship, and seamen who combine for the purpose of disobeying commands or who neglect their responsibilities or hinder the navigation of the ship may also suffer imprisonment.

The Government having indicated in its report for the period ending 30 June 1985 that it would shortly be revising all the Laws and that it had taken note of the inconsistency referred to in the direct request, the Committee expressed the hope that the Government, in the course of its impending revision of all the Laws of Seychelles would give consideration to bringing the Merchant Shipping legislation into conformity with the Convention.

The Committee notes the Government's information in its latest report that a review of the Local Trading Vessels Ordinance, 1951, is under way and that these provisions have not been applied in recent years.

The Committee hopes that the Government will soon be in a position to report that the appropriate amendments have been adopted so as to bring the Merchant Shipping legislation into conformity with the Convention as well as with the indicated practice.

2. The Committee would appreciate the Government providing with its next report a copy of the National Youth Service Act No. 33 of 1980, with subsequent amendments, as well as any recent information on the application in practice of the Act.