Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Royaume-Uni de Grande-Bretagne et d'Irlande du Nord (Ratification: 1957)

1. Referring to its earlier comments on section 89 of the Merchant Shipping Act 1970, which provides for the forcible return of seamen to ships registered in other countries, the Committee notes with interest the Government's indication in its latest report that the United Kingdom provided for the repeal of this section of the Act in May 1988 by the Merchant Shipping Act, 1988. The Committee observes, however, that while the Merchant Shipping Act, 1988 (Commencement) (No. 1), Order, 1988 brought into force on 4 July 1988 many provisions of the Merchant Shipping Act, 1988, the Order specifically excludes from the coming into force of Schedule 5, the provision concerning the omission of section 89 from the Merchant Shipping Act, 1970. The Committee hopes that the Government will soon be in a position to report that the repeal of section 89 of the Merchant Shipping Act, 1970 has come into force.

2. As regards progress made by the Government in its negotiations with other governments with a view to ending reciprocal arrangements for the forcible return of seamen on board ship the Committee notes with interest from the Government's report that agreement for the ending of arrangements was reached with Italy but had not yet come into effect; negotiations continued with Portugal, but remained suspended with Nicaragua at the time of the report. The Committee hopes that the Government will soon be in a position to report the termination of all arrangements under section 89 of the Merchant Shipping Act, 1970.

3. The Committee notes that under section 42(2) of the Merchant Shipping Act, 1970, a seaman may not terminate his employment in a ship registered in the United Kingdom by leaving the ship in contemplation or furtherance of a trade dispute, even after giving the required 48 hours' notice of his intention to do so, unless, at the time notice is given, the ship is in the United Kingdom. The Committee asks that the Government provide information on the implications of this provision. In particular, the Government is asked to indicate how seamen on ships registered in the United Kingdom may terminate their employment while their ship is not in the United Kingdom, and what remedies are available to the master or shipowner if a seaman attempts to terminate his employment by leaving the ship in contemplation or furtherance of a trade dispute while the ship is not in the United Kingdom.