Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Papua New Guinea (Ratification: 1976)

Article 1(c) and (d) of the Convention. Penal sanctions applicable to seafarers for various breaches of labour discipline. Since many years, 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), (3), (4) and (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 to perform their duties.

Referring to the explanations contained in paragraph 179 of its 2007 General Survey on the eradication of forced labour, the Committee pointed out that 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; but 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 has noted the Government’s repeated indication in its reports that 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. The Government indicates in its latest report that, according to the information received from the Department of Transport, update and reviewing of all transportation laws and regulations has commenced, and the provisions of the Convention will be taken into account in the course of the revision of the above legislation. The Government has renewed its commitment to review national provisions in order to ensure compliance with the Convention.

While noting this information, the Committee expresses the firm hope that the above provisions of the Seamen (Foreign) Act and the Merchant Shipping Act will soon be brought into conformity with the Convention and that the Government will provide, in its next report, information on the progress made in this regard.