Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Abolition of Forced Labour Convention, 1957 (No. 105) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1957)

Article 1(c) of the Convention. In its earlier comments the Committee noted that sanctions of imprisonment for a term not exceeding two years are provided for in sections 117 and 118 of the Merchant Shipping Act, 1995, for certain offences (drunkenness on duty, possession of unauthorized liquor) by seafarers employed or engaged in a United Kingdom fishing vessel. The Committee notes the Government's indication in its report that section 118 ("unauthorized liquor") has never been brought into effect and would require an Order to be made by the Government before it could come into effect; this provision cannot therefore be used. As regards section 117 ("drunkenness on duty"), the Government takes the view that any member of the crew who is so affected by drink or drugs that he is unable to perform his duties effectively endangers the ship or the life or health of the persons on board.

While noting these indications, the Committee observes that offences punishable under section 117 may not jeopardize the safety of the vessel in certain cases (e.g. when the ship is not at sea, but securely moored in a safe berth). Referring to the explanations given in paragraphs 117 to 119 of its 1979 General Survey on the abolition of forced labour, the Committee points out once again that sanctions of imprisonment (involving an obligation to perform labour) relating to breaches of labour discipline are incompatible with the Convention, and only sanctions relating to acts tending to endanger the safety of the ship or the life or health of persons would not be covered by the Convention. The Committee therefore hopes that the abovementioned provisions of the Merchant Shipping Act, 1995, will be re-examined with a view to ensuring the observance of the Convention, e.g. by restricting their application to cases in which the safety of the vessel or the life or health of persons is in danger. It requests the Government to provide in its next report information on any measures taken or envisaged to this end.