Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Abolition of Forced Labour Convention, 1957 (No. 105) - Canada (Ratification: 1959)

Article 1(c) and (d) of the Convention. In its previous comments, the Committee referred to sections 243(1), 244(2) and (4), 245(1) and 246(2) of the Canada Shipping Act which provide for the forcible return on board ship of deserters or those absent without leave. The Committee notes with interest the indications in the Government's report that a Bill - the Miscellaneous Statute Law Amendment Act, 1991 - which provides, inter alia, for the repeal of the provisions in question was introduced in the House of Commons in October 1991 and should be adopted before the end of 1991. The Committee requests the Government to provide a copy of the texts repealing the provisions in question.

The Committee also referred to section 247(1)(b), (c) and (d) of the same Act under which penalties of imprisonment involving compulsory labour may be imposed for breaches of discipline that do not endanger the safety of the ship or the life or health of persons. The Committee notes that this provision is not included in the revision mentioned above. According to the information contained in the Government's report, amendments to the Act have not been discussed with the sector concerned and no timetable for such discussions has been established owing to the priorities assigned to developing safety and anti-pollution legislation.

The Committee recalls that it has been commenting on these provisions for many years and expresses the firm hope that the Government will take the necessary measures to ensure that penalties of imprisonment involving compulsory labour may not be imposed for breaches of labour discipline that do not endanger the safety of the ship or the life or health of persons, and that the Government will indicate the measures taken in this respect.