Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Abolition of Forced Labour Convention, 1957 (No. 105) - Mauritius (Ratification: 1969)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its previous comments, the Committee noted that, pursuant to section 217(8)(n) of the Merchant Shipping Act (No. 26 of 2007), refusal to obey the master’s order or neglect of duty by a seafarer is punishable with imprisonment (involving compulsory prison labour). The Committee 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 requested the Government to take the necessary measures to amend section 217(8)(n) of the Merchant Shipping Act to ensure its conformity with the Convention.

The Committee notes the Government’s indication in its report that following the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), by Mauritius on 30 May 2014, the Ministry of Ocean Economy, Marine Resources, Fisheries, Shipping and Outer Islands is preparing an MLC bill for the implementation of the provisions of the Convention. Consequential amendments will be brought to section 217(8)(n) of the Merchant Shipping Act in the new bill which will be drafted. Noting this indication, the Committee encourages the Government to continue to take the necessary measures to bring section 217(8)(n) of the Merchant Shipping Act into conformity with the Convention, by limiting the provision’s scope to situations where the safety of the ship or the life or health of persons is endangered. Moreover, noting the information provided by the Government in its report provided under the MLC, 2006, that the new Merchant Shipping Act will be adopted in the near future, the Committee requests the Government to provide information on progress made in this regard, and to provide a copy of the Act, once adopted.