Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Pakistan (Ratification: 1960)

Article 1(c) of the Convention. Penalties involving compulsory labour as a means of labour discipline. Seafarers. For many years, the Committee has been referring to certain provisions of the legislation concerning merchant shipping (Merchant Shipping Act, 1923, which was repealed and replaced by the Pakistan Merchant Shipping Ordinance, 2001 (No. LII of 2001)), under which penalties involving compulsory labour may be imposed in relation to various breaches of labour discipline by seafarers, and seafarers may be forcibly returned on board ship to perform their duties. The Committee noted, in particular, that under sections 204, 206, 207 and 208 of the Pakistan Merchant Shipping Ordinance, 2001, penalties of imprisonment, which may involve compulsory labour by virtue, inter alia, of section 3(26) of the General Clauses Act, 1897, may be imposed in respect of various breaches of labour discipline, such as absence without leave, wilful disobedience, or combining with the crew in “neglect” of duty, and seafarers may be forcibly conveyed on board ship.

The Committee notes the Government’s information that, the Ministry of Overseas Pakistani and Human Resource Development (Ministry of OP&HRD) has contacted the Ministry of Ports and Shipping to consider amending the above referred provisions, and that the Ministry of Ports and Shipping has confirmed that they have initiated a consultation process for possible amendments. The Committee recalls, referring to the explanations provided in paragraphs 309–312 of its 2012 General Survey on the fundamental Conventions, that the Convention prohibits the use of any form of forced or compulsory labour “as a means of labour discipline”. The Committee observes that provisions of sections 204, 206, 207 and 208 referred to above do not appear to be limited in scope to circumstances endangering the safety of the ship or the life or health of persons. The Committee therefore requests the Government to continue taking the necessary measures to ensure that the above-mentioned provisions of the 2001 Merchant Shipping Ordinance are amended by limiting their scope to offences committed in circumstances endangering the safety of the ship or the life or health of persons or by repealing the provisions under which seafarers may be forcibly returned on board ship to perform their duties. The Committee requests the Government to provide information on the progress made in this regard.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. The Committee notes the Government’s information in its report that, according to sections 32(1)(e) and 67(3) of the Industrial Relations Act 2012, unfair labour practices of a worker, including to commence, continue, instigate or incite other to take part in, or expend or supply money or otherwise act in furtherance or support of, an illegal strike or a go-slow, is liable to imprisonment up to thirty days, which may involve compulsory labour. The Government is aware that no sanctions involving compulsory labour shall be imposed on workers for the mere fact of organizing or peacefully participating in strikes. The Committee further notes the Government’s indication that, the Ministry of OP&HRD has decided to discuss this issue at the Federal Tripartite Consultative Committee level. The Committee therefore expresses its firm hope that the necessary measures will be taken to repeal or amend the abovementioned provisions in the Industrial Relations Act 2012, and requests the Government to provide information on any progress made in this regard.