Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Papouasie-Nouvelle-Guinée (Ratification: 1976)

Article 1(c) and (d) of the Convention. Penal sanctions applicable to seafarers for various breaches of labour discipline. In comments it has been making since 1978, the Committee has been referring to certain provisions of the Seamen (Foreign) Act, 1952, under which a seafarer belonging to a foreign ship who deserts or commits certain other disciplinary offences is liable to imprisonment (which involves an obligation to perform labour) (section 2(1) and (3)–(5)). The Committee has been also referring to section 1 of the same Act and section 161 of the revised Merchant Shipping Act (Chapter 242) (consolidated to No. 67 of 1996), which stipulate that foreign seafarers deserting their ship may be forcibly returned on board ship.

As the Committee repeatedly pointed out, referring to the explanations in paragraph 179 of its 2007 General Survey on the eradication of forced labour, sanctions of imprisonment (involving an obligation to perform labour) would only be compatible with the Convention where they are clearly limited to acts endangering the safety of the ship or the life or health of persons. However, provisions imposing such sanctions which relate more generally to breaches of labour discipline (such as desertion, absence without leave or disobedience), often supplemented by provisions under which seafarers may be forcibly returned on board ship, are incompatible with the Convention.

The Committee previously noted the Government’s indication that numerous requests concerning the Committee’s comments had been communicated to the Department of Transport, which is responsible for administering and applying the above legislation, with a view to amending these provisions. However, the Government indicates in its latest report that no positive response has been communicated by this Department as feedback to the observation made by the Committee.

While noting the Government’s renewed commitment to review national provisions and to ensure compliance with the ratified Conventions, the Committee trusts that the necessary measures will be taken in the near future with a view to bringing the above provisions of the Seamen (Foreign) Act and the Merchant Shipping Act into conformity with the Convention and that the Government will soon be in a position to report the progress achieved in this regard.