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

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

Referring to its observation under the Convention, the Committee takes note of the Government’s reply to its earlier comments.

Article 1(c) of the Convention. In its earlier comments, the Committee referred to sections 117 and 118 of the Merchant Shipping Act, 1995, under which sanctions of imprisonment are applicable for certain offences (such as drunkenness on duty, possession of unauthorized liquor) by seafarers employed or engaged in a United Kingdom fishing vessel. The Committee pointed out, referring also to the explanations given in paragraphs 117-119 of its General Survey of 1979 on the abolition of forced labour, that sanctions of imprisonment (involving an obligation to perform labour) relating to breaches of labour discipline are incompatible with the Convention, and only sanctions specifically 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 notes the Government’s clarifications in the report relating to prosecution of seafarers under section 117. The Government states that, where the actions of a seafarer impaired by alcohol or drugs are considered to have serious actual or potential circumstances (e.g. where danger to the vessel or risk to the health and safety of persons is or could have been caused), prosecution in a higher court may be considered appropriate either at the outset, or as a result of a referral from a magistrate’s court. Conviction by such a court (conviction on indictment) can attract a penalty of imprisonment and/or a fine, the level of penalty to be applied depends upon the seriousness of the offence and is at the discretion of the judge.

The Committee takes due note of these clarifications and requests the Government to provide information on the application of the above provisions in practice, supplying copies of the court decisions and indicating the penalties imposed.

The Committee also notes with interest the Government’s indication in the report that Part 4 of the Railways and Transport Bill, if passed by Parliament, will repeal sections 117 and 118 of the Merchant Shipping Act, 1995, and replace them with a new statutory regime. The Committee hopes that the proposed Bill will soon be adopted and the merchant shipping legislation will be brought into compliance with the Convention. It requests the Government to provide, in its next report, information on the progress made in this regard.