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

Abolition of Forced Labour Convention, 1957 (No. 105) - Aruba

Article 1(c) of the Convention. 1. The Committee noted, in its previous comments, that under sections 413 and 414 of the Penal Code of the Netherlands Antilles certain breaches of labour discipline by seafarers incur terms of imprisonment involving compulsory labour. In its 1997 report, the Government responded that information in respect of developments in this matter would be forwarded in its next report. The Committee trusts that the Government will shortly provide information on the measures adopted or envisaged in this respect.

2. The Committee notes that, under section 83 of the Organic Act respecting the public service (SPG 1989, No. GT 37), public servants who are negligent in the exercise of their duty are liable to disciplinary sanctions which include the obligation to perform up to six hours' extra service without pay or for less than the normal wage. The Committee is bound to draw the Government's attention to the explanations which are given in paragraphs 110-116 of the General Survey of 1979 on the abolition of forced labour, which states that the sanctions for breaches of labour discipline such as unjustified absence from work, the refusal to work or even lack of devotion to work are covered by the Convention. The Committee requests the Government to take the necessary measures to amend sections 83.1 and 83.3(a) of the Act of 1989 respecting the public service to ensure its compliance with the provisions of the Convention.