Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the Government’s reply to its earlier comments. It also notes the comments made by the TUC concerning the Government’s report on the application of the Convention, received in November 2001.

Article 1 (c) and (d) of the Convention. The Committee previously noted that section 59(1) of the Merchant Shipping Act, 1995, provides that a seafarer who combines with other seafarers employed on the same ship at a time while the ship is at sea to disobey lawful commands, neglect any duty which is required to be discharged, or impede the progress of a voyage or the navigation of the ship, is liable, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both. According to section 59(2), a ship is treated as being at sea at any time when it is not securely moored in a safe berth. The Government stated in its 1997 report that section 59 is applicable to seafarers who withdraw their labour in furtherance of an industrial dispute.

The Committee noted from the Government’s 1999 report that consultations took place with the shipping industry on whether or not section 59 should be repealed or amended so that it applied only to mutinies but not strikes, and it was concluded that other parts of the Act and other legislation existed to deal effectively with actions arising from mutinies, if section 59 was repealed.

The Government indicates in its latest report that, following consultation with the UK shipping industry, further negotiations were undertaken with some respondents to ascertain whether a compromise solution could be reached that would address concerns expressed. The Committee notes with interest that, as a result of these consultations, the decision was taken to seek to amend section 59, so that it is linked to actions which are not only committed while a ship is at sea, but also cause or could have caused loss or destruction of, or serious damage to, any ship or the death of or serious injury to any person (subsection (2)(i), (ii) and (iii) of the draft amendment to section 59). The Committee notes that the Government considers it necessary to undertake further consultation with the shipping industry. Noting also the Government’s statement in the report that the amendment of section 59, as a part of UK primary legislation, requires the approval of Parliament, the Committee hopes that the proposed amendment will be adopted so as to bring the merchant shipping legislation into conformity with the Convention.

The Committee is again addressing a request on certain other points directly to the Government.