Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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

Article 1, subparagraph c, of the Convention. Disciplinary measures applicable to seafarers. 1. The Committee notes the information on the application in practice of section 82(a) and other related provisions of the Railways and Transport Safety Act, 2003 (RATSA 2003), communicated by the Government with its report.

2. In its earlier comments, the Committee referred to section 118 of the Merchant Shipping Act 1995, under which sanctions of imprisonment are applicable for certain offences by seafarers employed or engaged in a United Kingdom fishing vessel. The Committee notes the Government’s indication in its report that it has still not been possible to make progress towards repeal or amendment of that section, as a suitable legislative opportunity has not occurred. It has also noted the Government’s repeated statement in its reports that the failure to amend or repeal section 118 does not have any adverse effect on seafarers as the provision remains dormant and of no legal effect as an Appointed Day Order would be required to bring it into force. The Committee hopes that, on the occasion of the future revision of the legislation, section 118 of the Merchant Shipping Act 1995 will be repealed or amended, so as to ensure compliance with the Convention, and that the Government will continue to provide, in its future reports, information on the progress made in this regard.

3. As regards section 59(1) of the Merchant Shipping Act 1995, to which the Committee referred in its earlier comments, the Government states again that there have been no prosecutions under this section in recent times, and the likelihood of such a prosecution arising is considered to be small. The Government also reiterates its view expressed previously that the above section does not conflict with the Convention.

The Committee notes the Government’s indication in the report that it has still not been possible to carry out the proposed consultations with the shipping industry on whether or not this section should be amended, but such consultations will nevertheless be undertaken when a suitable opportunity arises. The Government states that, following consultations, it will be in a position to assess the attitude of all sides of industry to the proposal to make changes to section 59 and will be able to come to a final decision on whether or not to proceed with such changes. The Committee requests the Government to keep the ILO informed of the developments in this field.