Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Abolition of Forced Labour Convention, 1957 (No. 105) - Italy (Ratification: 1968)

The Committee notes the Government’s report.

Article 1(c) of the Convention. For a number of years, the Committee has been commenting on sections 1091 and 1094 of the Maritime Code. Sentences of imprisonment involving compulsory labour (section 23(1) of the Penal Code) may be imposed on naval and aeronautical staff under section 1091(1), in the event of desertion if it results in considerable difficulty in the navigation service; and under section 1094(1), in the event of insubordination in a technical service of a ship or an aircraft. The Committee has noted on many occasions the Government’s repeated statement that sections 1091 and 1094 of the Maritime Code are no longer applied in practice.

The Committee notes the Government’s indication in the report that the Maritime and Inland Navigation Department, of the Ministry of Transport and Navigation, has been asked to take steps with a view to amending the abovementioned provisions, so as to restrict the use of punishments laid down therein solely to acts which endanger the vessel or the life or health of persons. The Committee also notes the note by the Maritime and Inland Navigation Department, communicated by the Government, in which it is stated that, when the Maritime Code is being reviewed, this Department will draw attention to the necessity to reduce the breaches described in sections 1091 and 1094 to administrative offences subject to administrative penalties.

The Committee reiterates its hope that amendments will soon be made to the Maritime Code with a view to restricting the application of penalties including compulsory labour to acts endangering the safety of the vessel or the life or health of persons.