Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

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 Government’s reply to its earlier comments.

Article 1(c) of the Convention. The Committee previously noted that sanctions of imprisonment for a term not exceeding two years are provided for in sections 117 and 118 of the Merchant Shipping Act, 1995, for certain offences (drunkenness on duty, possession of unauthorized liquor) by seafarers employed or engaged on a United Kingdom fishing vessel. The Committee noted the Government’s indication in its previous report that section 118 ("possession of unauthorized liquor") had never been brought into effect and would require an order to be made by the Government before it could come into effect. As regards section 117 ("drunkenness on duty"), the Government reiterates its view that any member of the crew who is so affected by drink or drugs that he is unable to perform his duties effectively endangers the ship or the life or health of the persons on board. The Government states that actions of a person incapacitated by drink or drugs could of themselves be a danger to the vessel and those on board, including the person concerned.

While noting these indications, the Committee considers that the danger to the ship or the life or health of persons depends on the actual duties of the crew member unable to perform them. It refers once again to the explanations given in paragraphs 117-119, of its 1979 General Survey on the abolition of forced labour, in which it pointed out 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 offences punishable under section 117 of the Merchant Shipping Act, 1995, do not necessarily jeopardize the safety of the vessel, so that punishment is compatible with the Convention only where it is a fine or some other sanction not involving compulsory labour.

The Committee notes the Government’s indication in the report that it is currently considering the introduction of a safety bill, which may, inter alia, amend the current requirements relating to alcohol and drugs on ships, including those contained in section 117. The Committee hopes that the proposed amendments will bring sections 117 and 118 of the Act into compliance with the Convention, and that the Government will be in a position to provide in its next report information on progress made in this regard.