Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Abolition of Forced Labour Convention, 1957 (No. 105) - Fiji (Ratification: 1974)

Article 1(c) and (d) of the Convention. Penal sanctions involving compulsory labour applicable to seafarers. In its earlier comments, the Committee referred to section 126 of the Marine Act No. 35 of 1986, under which seafarers who, during an international voyage, willfully and persistently neglect their duties or disobey lawful commands or combine with other seafarers for the same purpose or for impeding the navigation of the vessel, are liable to imprisonment for up to two years (which involves compulsory prison labour). It recalled that, in order to be compatible with the Convention, provisions imposing penalties of imprisonment on seafarers for breaches of labour discipline should be restricted to actions that endanger the safety of the ship or the life or health of persons.

The Committee notes the Government’s indication that the Act of 1986 has been repealed by the Maritime Transport Decree No. 20 of 2013, which is being implemented by the Maritime Safety Authority of Fiji (MSAF). The Government also indicates that the MSAF is in the process of drafting regulations to the Maritime Transport Decree, and that the Committee’s concerns will be taken into account.

The Committee points out that, under section 248 of the Maritime Transport Decree No. 20 of 2013, the obstruction of functions and duties of individuals authorized by the Chief Executive Officer by any person is punishable with imprisonment, which involves an obligation to perform labour. While noting the Government’s intention to bring its legislation into conformity with ILO Conventions, in particular the Maritime Labour Convention, 2006 (MLC, 2006), the Committee observes that the above provision is worded in very broad terms that could give rise to questions about its application in practice. The Committee therefore requests the Government to clarify the scope of section 248 of the Maritime Transport Decree No. 20 of 2013, and to indicate the measures taken or contemplated, including in the context of the preparation of the regulations to the mentioned Decree, in order to ensure that no sanctions involving compulsory labour could be imposed for breaches of labour discipline that do not endanger the safety of the ship or the life or health of persons.