Abolition of Forced Labour Convention, 1957 (No. 105) - Jamaica (Ratification: 1962)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been requesting the Government to amend the following provisions of the Jamaica Shipping Act, 1998, under which certain disciplinary offences are punishable with imprisonment (involving an obligation to perform labour under the Prisons Law):

• section 178(1)(b), (c) and (e), which provides for penalties of imprisonment, inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage; an exemption from this liability applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica (section 178(2));
• section 179(a) and (b), which punishes, with similar penalties, the offences of desertion and absence without leave.

The Committee notes the Government’s information in its report that the Ministry of Transport and Mining, in consultation with the Maritime Authority of Jamaica, is in the process of reviewing sections 178 and 179 of the Shipping Act. The Government states that the necessary steps will be taken to ensure that the provisions of the above-mentioned Act are in compliance with the Convention. In this regard, the Committee once again recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline. Therefore, the punishment of breaches of labour discipline, such as desertion, absence without leave or disobedience, with sanctions of imprisonment involving an obligation to perform labour is incompatible with the Convention. Noting that the Government has been referring to the revision of the above-mentioned provisions of the Shipping Act for a number of years and that it has indicated that they were not applied in practice, the Committee expects the Government to take the necessary measures to ensure that the amendments of the Shipping Act are adopted without any further delay so as to bring the legislation in line with the Convention. It requests the Government to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to the following provisions of the Jamaica Shipping Act, 1998, under which certain disciplinary offences are punishable with imprisonment (involving an obligation to perform labour under the Prisons Law):

• -section 178(1)(b), (c) and (e), which provides for penalties of imprisonment, inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage; an exemption from this liability applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica (section 178(2)); and
• -section 179(a) and (b), which punishes, with similar penalties, the offences of desertion and absence without leave.

The Committee recalled, referring to paragraphs 179–181 of its 2007 General Survey on eradication of forced labour, that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience, are not in conformity with the Convention. In this regard, the Committee noted the Government’s indication that the shipping industry of Jamaica and the country as a whole do not use any forms of forced or compulsory labour, including as a means of labour discipline. Moreover, the disciplinary procedures of the Shipping Association of Jamaica are circumscribed by the Joint Labour Agreement between the Shipping Company and the Unions that represent workers in the Bargaining unit, such as the Bustamante Industrial Trade Union, the Trade Union Congress and the United Port Workers and Seamen’s Union. The Government further stated that during the period of review, no decisions had been made by the court of law or other tribunals in relation to the above provisions of the Shipping Act. The Committee urged the Government to take the necessary measures to ensure the adoption of the amendments of the Shipping Act so as to bring the legislation into line with the Convention.

The Committee notes the Government’s information in its report that the Policy Unit of the Ministry of Transport and Mining is in the process of preparing a draft Cabinet Submission for seeking Cabinet’s approval to amend the provisions of the Shipping Act of 1998 that are in breach of the provisions of the Convention. Referring to paragraph 312 of its General Survey of 2012 on fundamental Conventions, the Committee once again recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline and that the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Noting that the above provisions of the Shipping Act have been the subject of comments since 2002, the Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments of the Shipping Act are adopted without any further delay so as to bring the legislation into line with the Convention. It requests the Government to provide information on the progress made in this regard.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to the following provisions of the Jamaica Shipping Act, 1998, under which certain disciplinary offences are punishable with imprisonment (involving an obligation to perform labour under the Prisons Law):

• – section 178(1)(b), (c) and (e), which provides for penalties of imprisonment, inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage; an exemption from this liability applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica (section 178(2)); and
• – section 179(a) and (b), which punishes, with similar penalties, the offences of desertion and absence without leave.

The Committee recalled, referring to paragraphs 179–181 of its 2007 General Survey on eradication of forced labour, that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience, are not in conformity with the Convention. In this regard, the Committee noted the Government’s indication that amendments would be made to the Shipping Act, 1998 after a general review and updating of the legislation.

The Committee notes the Government’s statement in its report that amendments to the Shipping Act of 1998 are intended to bring it into conformity with the Maritime Labour Convention of 2006 (MLC, 2006) and hence do not cover the above provisions. The Government also indicates that the shipping industry of Jamaica and the country as a whole do not use any forms of forced or compulsory labour, including as a means of labour discipline. Moreover, the Government states that the disciplinary procedures of the Shipping Association of Jamaica are circumscribed by the Joint Labour Agreement between the Shipping Company and the Unions that represent workers in the Bargaining unit, such as the Bustamante Industrial Trade Union, the Trade Union Congress and the United Port Workers and Seamen’s Union. The Government also states that during the period of review, no decisions have been made by the court of law or other tribunals in relation to the above provisions of the Shipping Act.

The Committee takes due note of the Government’s statement and referring to paragraph 312 of its General Survey of 2012 on the fundamental Conventions, it recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline and that the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Observing that the above provisions of the Shipping Act have been the subject of comments since 2002, the Committee urges the Government to take the necessary measures to ensure the amendments of the Shipping Act are adopted so as to bring the legislation into line with the Convention and the indicated practice. It requests the Government to provide information on the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to the following provisions of the Jamaica Shipping Act, 1998, under which certain disciplinary offences are punishable with imprisonment (involving an obligation to perform labour under the Prisons Law):

• -section 178(1)(b), (c) and (e), which provides for penalties of imprisonment, inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage; an exemption from this liability applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica (section 178(2)); and
• -section 179(a) and (b), which punishes, with similar penalties, the offences of desertion and absence without leave.

The Committee recalled, referring to paragraphs 179–181 of its 2007 General Survey on eradication of forced labour, that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience, are not in conformity with the Convention. In this regard, the Committee noted the Government’s indication that amendments would be made to the Shipping Act, 1998 after a general review and updating of the legislation.

The Committee notes the Government’s statement in its report that amendments to the Shipping Act of 1998 are intended to bring it into conformity with the Maritime Labour Convention of 2006 (MLC, 2006) and hence do not cover the above provisions. The Government also indicates that the shipping industry of Jamaica and the country as a whole do not use any forms of forced or compulsory labour, including as a means of labour discipline. Moreover, the Government states that the disciplinary procedures of the Shipping Association of Jamaica are circumscribed by the Joint Labour Agreement between the Shipping Company and the Unions that represent workers in the Bargaining unit, such as the Bustamante Industrial Trade Union, the Trade Union Congress and the United Port Workers and Seamen’s Union. The Government also states that during the period of review, no decisions have been made by the court of law or other tribunals in relations to the above provisions of the Shipping Act.

The Committee takes due note of the Government’s statement and referring to paragraph 312 of its General Survey of 2012 on the fundamental Conventions, it recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline and that the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Observing that the above provisions of the Shipping Act have been the subject of comments since 2002, the Committee urges the Government to take the necessary measures to ensure the amendments of the Shipping Act are adopted so as to bring the legislation into line with the Convention and the indicated practice. It requests the Government to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to the following provisions of the Jamaica Shipping Act, 1998, under which certain disciplinary offences are punishable with imprisonment (involving an obligation to perform labour under the Prisons Law):

• -section 178(1)(b), (c) and (e), which provides for penalties of imprisonment, inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage; an exemption from this liability applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica (section 178(2)); and
• -section 179(a) and (b), which punishes, with similar penalties, the offences of desertion and absence without leave.

The Committee recalls, referring to paragraphs 179–181 of its 2007 General Survey on the eradication of forced labour, that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience, are not in conformity with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship, or the life or health of persons (e.g. as provided for in section 177 of the 1998 Shipping Act) have no bearing on the Convention.

The Committee previously noted the Government’s indication that the Maritime Authority had given written instructions to the Attorney General’s department and the office of the Parliamentary Council to amend the above sections of the Shipping Act, 1998, in order to make its provisions compatible with the Convention. In its 2010 report, the Government confirmed that an opinion had been received by the Attorney General’s chambers recommending that amendments be made to the Shipping Act, 1998, to bring it into conformity with the Convention. The Government also stated at the time that the Office of the Parliamentary Council is to be instructed to make the amendments to the relevant legislation accordingly.

The Committee notes the Government’s indication in its latest report that amendments will be made to the Shipping Act, 1998 after a general review and updating of the legislation. Observing that the Government has been referring to amendments to the Shipping Act, 1998, since 2004, the Committee urges the Government to take the necessary measures to bring the legislation into conformity with the Convention, for example, by limiting the scope of the relevant provisions of the Shipping Act, 1998, as indicated above. The Committee hopes that the Government will soon be in a position to report on the progress made in this regard.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to the following provisions of the Jamaica Shipping Act, 1998, under which certain disciplinary offences are punishable with imprisonment (involving an obligation to perform labour under the Prisons Law):

–      section 178(1)(b), (c) and (e), which provides for penalties of imprisonment, inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage; an exemption from this liability applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica (section 178(2)); and

–      section 179(a) and (b), which punishes, with similar penalties, the offences of desertion and absence without leave.

The Committee recalls, referring to paragraphs 179–181 of its 2007 General Survey on the eradication of forced labour, that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience, are incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship, or the life or health of persons (e.g. as provided for in section 177 of the 1998 Shipping Act) have no bearing on the Convention.

The Committee previously noted the Government’s indication that the Maritime Authority had given written instructions to the Attorney General’s department and the office of the Parliamentary Council to amend the above sections of the Shipping Act, 1998, in order to make its provisions compatible with the Convention. In its latest report, the Government confirms that an opinion has been received by the Attorney General’s chambers recommending that amendments be made to the Shipping Act to bring it into conformity with the Convention. The Government also states that the office of the Parliamentary Council is to be instructed to make the amendments to the relevant legislation accordingly.

The Committee expresses the firm hope that the necessary measures will at last be taken to bring the legislation into conformity with the Convention, e.g. by limiting the scope of the relevant provisions of the Shipping Act, 1998, as indicated above, and that the Government will soon be in a position to report the progress made in this regard.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to the following provisions of the Jamaica Shipping Act, 1998, under which certain disciplinary offences are punishable with imprisonment (involving an obligation to perform labour under the Prisons Law):

–      section 178(1)(b), (c) and (e), which provides for penalties of imprisonment, inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage; an exemption from this liability applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica (section 178(2));

–      section 179(a) and (b), which punishes with similar penalties the offences of desertion and absence without leave.

The Committee noted the Government’s indications in its 2004 report that the Maritime Authority had given written instructions to the Attorney General’s Department and the Office of the Parliamentary Council to amend the above sections of the Shipping Act, 1998, in order to make its provisions compatible with the Convention. In its latest report, the Government states again that no response has been received from the abovementioned bodies on the Maritime Authority’s request.

The Committee recalls, referring also to paragraphs 179 to 181 of its 2007 General Survey on the eradication of forced labour, that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience are incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship or the life or health of persons (e.g. as provided for in section 177 of the 1998 Shipping Act) have no bearing on the Convention.

The Committee trusts that the necessary measures will at last be taken to bring the legislation into conformity with the Convention, e.g. by limiting the scope of the relevant provisions of the Shipping Act, 1998, as indicated above, and that the Government will soon be in a position to report the progress made in this regard.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to the following provisions of the Jamaica Shipping Act, 1998, under which certain disciplinary offences are punishable with imprisonment (involving an obligation to perform labour under the Prisons Law):

–      section 178(1)(b), (c) and (e), which provides for penalties of imprisonment, inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage; an exemption from this liability applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica (section 178(2));

–      section 179(a) and (b), which punishes with similar penalties the offences of desertion and absence without leave.

The Committee previously noted the Government’s indications in its 2004 report that the Maritime Authority had given written instructions to the Attorney General’s Department and the Office of the Parliamentary Council to amend the above sections of the Shipping Act, 1998, in order to make its provisions compatible with the Convention. The Government states in its latest report of 2006 that no response has been received from the abovementioned bodies on the Maritime Authority’s request.

While having noted the Government’s view expressed in the report that, despite the fact that amendment has not yet been made to the above provisions of the Act, Jamaica is still in compliance with the Convention, the Committee points out, referring also to paragraphs 179 to 181 of its 2007 General Survey on the eradication of forced labour, that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience are incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship or the life or health of persons (e.g. as provided for in section 177 of the 1998 Shipping Act) have no bearing on the Convention.

The Committee expresses firm hope that the necessary measures will at last be taken to bring the legislation into conformity with the Convention, e.g. by limiting the scope of the relevant provisions of the Shipping Act, 1998, as indicated above, and that the Government will soon be in a position to report the progress made in this regard.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 1(c) and (d) of the Convention. For a number of years, the Committee has commented on certain provisions of the 1894 Merchant Shipping Act which provided for the punishment of various disciplinary offences with imprisonment (involving an obligation to perform labour under the Prisons Law) and for the forcible conveyance of seafarers on board ship to perform their duties.

The Committee previously noted that the punishment of disciplinary offences with imprisonment (involving an obligation to perform labour) is still provided for in sections 178(1)(b), (c) and (e) and 179(a) and (b) of the new Jamaica Shipping Act, 1998, which came into operation on 2 January 1999. While the new Act contains no provisions concerning the forcible conveyance of seafarers on board ship, the offences of desertion and absence without leave are still punishable with imprisonment (involving an obligation to work) (section 179). Similarly, penalties of imprisonment are provided for in section 178(1)(b), (c) and (e), inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage, and by virtue of section 178(2) an exemption from liability under subsection (1) applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica.

The Committee pointed out, referring also to paragraphs 117-119 and 125 of its 1979 General Survey on the abolition of forced labour, that provisions under which penalties of imprisonment (involving an obligation to work) may be imposed for desertion, absence without leave or disobedience are incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship or the life or health of persons (e.g. as provided for in section 177 of the new Shipping Act) have no bearing on the Convention.

The Government indicates in its report that the Maritime Authority has given written instructions to the Attorney-General’s Department and the Office of the Parliamentary Council to amend the above sections of the Shipping Act, 1998, in order to make its provisions compatible with the Convention.

The Committee notes this indication with interest and trusts that the necessary measures will at last be taken to bring the legislation into conformity with the Convention, e.g. by amending or repealing the abovementioned provisions of the Shipping Act, 1998, and that the Government will soon report the progress made in this regard.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

Article 1(c) and (d) of the Convention. For a number of years, the Committee has commented on sections 221, 224 and 225(1)(b), (c) and (e) of the 1894 Merchant Shipping Act which provided for the punishment of various disciplinary offences with imprisonment (involving an obligation to perform labour under the Prisons Law) and for the forcible conveyance of seafarers on board ship to perform their duties.

The Government indicates in its report that the new Jamaica Shipping Act, 1998, came into operation on 2 January 1999, and that the provisions related to the forcible conveyance of seafarers on board ship and the punishment of disciplinary offences committed under the Act are not included in the new Act.

The Committee notes, however, that the punishment of disciplinary offences with imprisonment (involving an obligation to perform labour) is still provided for in sections 178(1)(b), (c) and (e) and 179(a) and (b) of the new Act. While the new Act contains no provisions concerning the forcible conveyance of seafarers on board ship, the offences of desertion and absence without leave are still punishable with imprisonment (involving an obligation to work) (section 179). Similarly, penalties of imprisonment are provided for in section 178(1)(b), (c) and (e), inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage, and by virtue of section 178(2) an exemption from liability under subsection (1) applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica.

The Committee points out once again, with reference to paragraphs 117-119 and 125 of its General Survey of 1979 on the abolition of forced labour, that provisions under which penalties of imprisonment (involving an obligation to work) may be imposed for desertion, absence without leave or disobedience are incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship or the life or health of persons (e.g. as provided for in section 177 of the new Shipping Act) have no bearing on the Convention.

The Committee therefore expresses the firm hope that the necessary measures will be taken in the near future to bring the legislation into conformity with the Convention, e.g. by amending or repealing the abovementioned provisions of the Shipping Act, 1998, and that the Government will provide information on progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(c) and (d) of the Convention. For a number of years, the Committee has commented on sections 221, 224 and 225(1)(b), (c) and (e) of the 1894 Merchant Shipping Act which provided for the punishment of various disciplinary offences with imprisonment (involving an obligation to perform labour under the Prisons Law) and for the forcible conveyance of seafarers on board ship to perform their duties.

The Government indicates in its report that the new Jamaica Shipping Act, 1998, came into operation on 2 January 1999, and that the provisions related to the forcible conveyance of seafarers on board ship and the punishment of disciplinary offences committed under the Act are not included in the new Act.

The Committee notes, however, that the punishment of disciplinary offences with imprisonment (involving an obligation to perform labour) is still provided for in sections 178(1)(b), (c) and (e) and 179(a) and (b) of the new Act. While the new Act contains no provisions concerning the forcible conveyance of seafarers on board ship, the offences of desertion and absence without leave are still punishable with imprisonment (involving an obligation to work) (section 179). Similarly, penalties of imprisonment are provided for in section 178(1)(b), (c) and (e) inter alia for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage, and by virtue of section 178(2) an exemption from liability under subsection (1) applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica.

The Committee points out once again, with reference to paragraphs 117-119 and 125 of its 1979 General Survey on the abolition of forced labour, that provisions under which penalties of imprisonment (involving an obligation to work) may be imposed for desertion, absence without leave or disobedience are incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship or the life or health of persons (e.g. as provided for in section 177 of the new Shipping Act) have no bearing on the Convention.

The Committee therefore expresses the firm hope that the necessary measures will be taken in the near future to bring the legislation into conformity with the Convention, e.g. by amending or repealing the abovementioned provisions of the Shipping Act, 1998, and that the Government will provide information on progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

        Article 1(c) and (d) of the Convention. For a number of years, the Committee has commented on sections 221, 224 and 225(1)(b), (c) and (e) of the 1894 Merchant Shipping Act which provided for the punishment of various disciplinary offences with imprisonment (involving an obligation to perform labour under the Prisons Law) and for the forcible conveyance of seafarers on board ship to perform their duties.

        The Government indicates in its report that the new Jamaica Shipping Act, 1998, came into operation on 2 January 1999, and that the provisions related to the forcible conveyance of seafarers on board ship and the punishment of disciplinary offences committed under the Act are not included in the new Act.

        The Committee notes, however, that the punishment of disciplinary offences with imprisonment (involving an obligation to perform labour) is still provided for in sections 178(1)(b), (c) and (e) and 179(a) and (b) of the new Act. While the new Act contains no provisions concerning the forcible conveyance of seafarers on board ship, the offences of desertion and absence without leave are still punishable with imprisonment (involving an obligation to work) (section 179). Similarly, penalties of imprisonment are provided for in section 178 (1)(b), (c) and (e) inter alia for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage, and by virtue of section 178(2) an exemption from liability under subsection (1) applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica.

        The Committee points out once again, with reference to paragraphs 117-119 and 125 of its 1979 General Survey on the abolition of forced labour, that provisions under which penalties of imprisonment (involving an obligation to work) may be imposed for desertion, absence without leave or disobedience are incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship or the life or health of persons (e.g. as provided for in section 177 of the new Shipping Act) have no bearing on the Convention.

        The Committee therefore expresses the firm hope that the necessary measures will be taken in the near future to bring the legislation into conformity with the Convention, e.g. by amending or repealing the abovementioned provisions of the Shipping Act, 1998, and that the Government will provide information on progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's reply to its earlier comments.

Article 1(c) and (d) of the Convention. For a number of years, the Committee has commented on sections 221, 224 and 225(1)(b), (c) and (e) of the 1894 Merchant Shipping Act which provided for the punishment of various disciplinary offences with imprisonment (involving an obligation to perform labour under the Prisons Law) and for the forcible conveyance of seafarers on board ship to perform their duties.

The Government indicates in its report that the new Jamaica Shipping Act, 1998, came into operation on 2 January 1999, and that the provisions related to the forcible conveyance of seafarers on board ship and the punishment of disciplinary offences committed under the Act are not included in the new Act.

The Committee notes, however, that the punishment of disciplinary offences with imprisonment (involving an obligation to perform labour) is still provided for in sections 178(1)(b), (c) and (e) and 179(a) and (b) of the new Act. While the new Act contains no provisions concerning the forcible conveyance of seafarers on board ship, the offences of desertion and absence without leave are still punishable with imprisonment (involving an obligation to work) (section 179). Similarly, penalties of imprisonment are provided for in section 178 (1)(b), (c) and (e) inter alia for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage, and by virtue of section 178(2) an exemption from liability under subsection (1) applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica.

The Committee points out once again, with reference to paragraphs 117-119 and 125 of its 1979 General Survey on the abolition of forced labour, that provisions under which penalties of imprisonment (involving an obligation to work) may be imposed for desertion, absence without leave or disobedience are incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship or the life or health of persons (e.g. as provided for in section 177 of the new Shipping Act) have no bearing on the Convention.

The Committee therefore expresses the firm hope that the necessary measures will be taken in the near future to bring the legislation into conformity with the Convention, e.g. by amending or repealing the abovementioned provisions of the Shipping Act, 1998, and that the Government will provide information on progress made in this regard.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(c) and (d) of the Convention. For a number of years, the Committee has commented on sections 221, 224 and 225(1)(b), (c) and (e) of the 1894 Merchant Shipping Act which provide for the punishment of various disciplinary offences with imprisonment (involving an obligation to perform labour) and for the forceable conveyance of seafarers on board ship to perform their duties. According to the Government, these provisions have been removed from the Jamaica Shipping Bill submitted to Parliament. In its last report received in 1997, the Government indicates that the new Bill will be adopted by the end of the year. The Committee expresses the hope that the Government will soon bring its legislation into conformity with the requirements of the Convention and that it will provide a copy of the new Act.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 1(c) and (d) of the Convention. In comments made for many years, the Committee referred to sections 221 to 224 and 225(1)(b), (c) and (e) of the 1894 United Kingdom Merchant Shipping Act which provide for the punishment of various disciplinary offences with imprisonment (involving an obligation to perform labour) and for the forcible conveyance of seamen on board ship to perform their duties.

The Government previously reported that the questions raised in relation to the Merchant Shipping Act were being studied and that the first draft of a Jamaican Bill on merchant shipping had been prepared which, it was hoped, was to be enacted before the end of the 1991 legislative year.

The Committee notes the indication made by the Government in its latest report, received in 1995, that in Jamaica, forced or compulsory labour was not used as a means of labour discipline, in spite of the provisions of the United Kingdom Merchant Shipping Act adopted by Jamaica in 1962, and that corresponding provisions have been removed from the final draft of the Jamaica Shipping Bill to be submitted to Parliament.

The Committee trusts that the Government will soon be in a position to report on the adoption of the necessary legislative changes and that it will provide a copy of the new Act.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that no report has been received from the Government. It must, therefore, repeat its previous observation.

Article 1(c) and (d) of the Convention. In comments made for many years, the Committee referred to sections 221 to 224 and 225(1)(b), (c) and (e) of the 1894 United Kingdom Merchant Shipping Act which provide for the punishment of various disciplinary offences with imprisonment (involving an obligation to perform labour) and for the forcible conveyance of seamen on board ship to perform their duties. The Government previously reported that the questions raised in relation to the Merchant Shipping Act were being studied and that the final draft of a Jamaican Bill on merchant shipping was under review but had not yet been submitted to Parliament. The Committee has noted the Government's indication in its report for 1987-91 that the first draft of the Bill has been prepared which, it is hoped, will be enacted before the end of the 1991 legislative year. The Committee hopes that the necessary amendments will soon be adopted and that the Government will report on progress made and provide a copy of the new merchant shipping legislation when enacted.

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

Article 1(c) and (d) of the Convention. In comments made for many years, the Committee referred to sections 221 to 224 and 225(1)(b), (c) and (e) of the 1894 United Kingdom Merchant Shipping Act which provide for the punishment of various disciplinary offences with imprisonment (involving an obligation to perform labour) and for the forcible conveyance of seamen on board ship to perform their duties.

The Government previously reported that the questions raised in relation to the Merchant Shipping Act were being studied and that the final draft of a Jamaican Bill on merchant shipping was under review but had not yet been submitted to Parliament.

The Committee notes the Government's indication in its latest report that the first draft of the Bill has been prepared which, it is hoped, will be enacted before the end of the current legislative year.

The Committee hopes that the necessary amendments will soon be adopted and that the Government will report on progress made and provide a copy of the new merchant shipping legislation when enacted.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 1(c) and (d) of the Convention. In comments made for many years, the Committee referred to sections 221-224 and 225(1)(b), (c) and (e) of the 1894 United Kingdom Merchant Shipping Act which provide for the punishment of various disciplinary offences with imprisonment (involving an obligation to perform labour) and for the forcible conveyance of seamen on board ship to perform their duties.

In reports since 1970, the Government has indicated that the questions raised in relation to the Merchant Shipping Act were being studied; in its report for the period 1 July 1985 to 30 June 1987, the Government indicated that the final draft of the Jamaican Bill on Merchant Shipping was still under review. In its most recent report, the Government indicates that the legislation has not yet been submitted to Parliament and that progress in this regard will be reported from time to time.

The Committee hopes that the progress towards appropriate amendment of the legislation which has been reported over the years will continue and looks forward to the early enactment of the necessary amendments; it hopes that the Government will supply a copy of the new merchant shipping legislation when enacted.