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

Abolition of Forced Labour Convention, 1957 (No. 105) - Yemen (Ratification: 1969)

The Committee notes the information provided by the Government in reply to its earlier comments.

1. Article 1(c) and (d) of the Convention. The Committee previously noted that under sections 96, 98 to 100 and 101(b), (c) and (e) of the Merchant Shipping Ordinance, seafarers may be forcibly conveyed on board ship to perform their duties, and certain breaches of discipline by seafarers are punishable with imprisonment involving an obligation to perform labour. Having also noted the Government’s repeated indications that maritime legislation was in the process of being revised, the Committee expressed the hope that the new legislation on merchant shipping would be in conformity with the Convention, and that it would contain no provisions prescribing the forcible conveyance of seamen on board, and that no sentences of imprisonment involving an obligation to perform labour for breaches of discipline could be imposed.

The Committee notes the Government’s indication in its report that the implementing regulations under Maritime Act No. 15 of 1994 are still under elaboration by the Ministry of Transport and Maritime Affairs. It previously noted that section 119 of the Act empowers the captain to take disciplinary measures in accordance with the special laws regulating them and requested copies of such special laws. The Committee reiterates its hope that the disciplinary provisions of the Merchant Shipping Ordinance referred to above will be formally repealed and a copy of the repealing text will be communicated to the ILO, as well as copies of implementing regulations made under Maritime Act No. 15 of 1994 and special laws governing disciplinary measures adopted under section 119 of the Act.

2. Article 1(a). The Committee previously noted that, according to section 104 of Act No. 25 of 1990 on the press and printings, violation of restrictions provided for in section 103 may be punished by imprisonment which involves an obligation to work, by virtue of Chapter 4 of Act No. 48 of 1991 on the organization of prisons. This is incompatible with the protection afforded by Article 1(a) of the Convention to the expression of political views or views ideologically opposed to the established political, social or economic system, in so far as section 103 of Act No. 25 of 1990 prohibits, inter alia, printing, publishing and disseminating views opposing the goals and principles of the Yemeni revolution or prejudicial to the Yemeni or Islamic civilization, as well as information containing direct criticism of the Head of State. Moreover, certain other prohibitions in section 103 are worded in so general terms that information is required on their interpretation by the courts in order to evaluate their compatibility with the protection afforded by the Convention, e.g. where section 103 prohibits printing, publishing and disseminating views prejudicial to the national unity or to the public morality, personal dignity and individual liberties, or "deliberately false" information with a view to influencing the economic situation and provoking disorder in the country.

The Government indicates in its report that it has taken note of the Committee’s comments and will discuss them with the competent bodies with a view to introduce the necessary amendments in order to bring the abovementioned provisions into conformity with the Convention. The Committee trusts that the necessary measures will at last be taken to this end. Pending the adoption of such measures, the Committee repeats its request for information on the application in practice of all of the abovementioned provisions of Act No. 25 on the press and printing, including the number of convictions and copies of any court decisions defining and illustrating their scope.