Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

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

The Committee notes the information provided by the Government further to its previous observation and direct request.

Article 1(c) and (d) of the Convention. The Committee notes 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 indicates in its report received in October 1997 that section 59 is applicable to seafarers who withdraw their labour in furtherance of an industrial dispute. It also states that it proposes to consult the shipping and fishing industry, as a matter of priority, on whether or not section 59 should be repealed or amended so that it only applies to mutinies and not strikes. The Committee notes that sanctions of imprisonment for a term not exceeding two years are also provided for in sections 117 and 118 of the Act for certain offences (drunkenness on duty, possession of unauthorized liquor) by seafarers employed or engaged in a United Kingdom fishing vessel.

The Committee wishes to point out that sanctions of imprisonment (involving an obligation to perform labour) relating to breaches of labour discipline or as a punishment for having participated in strikes are not compatible with the Convention. Only cases where the safety of the ship or the life or health of the persons on board are endangered would not be covered by the Convention. The Committee therefore hopes that appropriate measures will be taken by the Government in order to amend or repeal the above-mentioned sections of the Merchant Shipping Act, 1995, in order to ensure full compliance with the Convention. It requests the Government to provide in its next report information on any progress made in this regard.