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

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

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 59(1) of the Merchant Shipping Act, 1995, which provides that a seafarer who combines with other seafarers employed on the same ship at a time when 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 (which involves compulsory prison labour) or a fine or both. The Committee also noted the Government’s indication that section 59 is applicable to seafarers who withdraw their labour in furtherance of an industrial dispute.

The Committee has noted the Government’s indication in its 2005 report that it has not been possible to carry out the proposed consultations with the shipping industry on whether or not section 59 should be amended, as a result of the need to progress legislative measures of a higher priority. The Government also states that, in deciding the priority to be afforded to the proposed changes to this section, the Government has had regard to its view expressed previously, that the above section does not conflict with the Convention.

The Committee recalls in this connection, referring also to the explanations given in paragraphs 179–181 of its 2007 General Survey on the eradication 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 has noted the Government’s intention expressed in the report to carry out consultations to assess the attitude of all sides of industry to the proposal to make changes to section 59, as well as the Government’s repeated indication that, in order to incorporate the proposed changes to this section, it will be necessary to proceed with an Order under the Regulatory Reform Act, 2001, which is an extremely time-consuming process and is subject to Parliamentary scrutiny. The Committee expresses the firm hope that section 59(1) of the Merchant Shipping Act, 1995, will be amended, either by repealing sanctions involving compulsory labour or by restricting their application to the situations where the ship or the life or health of persons are endangered, so as to bring the merchant shipping legislation into conformity with the Convention.

Noting also the Government’s indication in its 2005 report that there have been no prosecutions under section 59 in recent times, the Committee hopes that the Government will supply copies of the relevant court decisions, if and when such prosecutions are instituted.

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