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

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

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(c) of the Convention. 1. In its earlier comments, the Committee noted that under sections 413 and 414 of the Penal Code of the Netherlands Antilles certain breaches of labour discipline by seafarers are punishable by imprisonment involving compulsory labour, which is contrary to this Article of the Convention. As the Committee pointed out in its 1979 General Survey on the abolition of forced labour, only sanctions relating to acts tending to endanger the ship or the life or health of persons on board are not covered by the Convention. The Government informs that the abovementioned sections of the Penal Code have not yet been amended. The Committee trusts that the Government will take appropriate measures, in the near future, in order to introduce the necessary amendments to bring the legislation into conformity with the Convention on this point. It asks the Government to provide, in its next report, information on the progress made in this regard.

2. The Committee noted previously 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 Government indicates in its report that it has not taken a position on this matter yet. Referring also to point 1 of its direct request made under Convention No. 29, the Committee hopes that the Government will be able to provide, in its next report, information on any action taken.