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

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

1. Article 1(a) of the Convention. In its earlier comments, the Committee referred to section 104 of Act No. 25 of 1990 on the press and printing, according to which violation of restrictions provided for in section 103 of the same Act are punishable with imprisonment (involving an obligation to work, by virtue of Chapter 4 of Act No. 48 of 1991 on the organization of prisons). The Committee pointed out that this is incompatible with Article 1(a) of the Convention, which affords protection to the expression of political views or views ideologically opposed to the established political, social or economic system. 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 Committee notes the Government’s renewed statement 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 introducing the necessary amendments in order to bring the abovementioned provisions into conformity with the Convention.

While noting this indication, the Committee expresses firm hope that the necessary measures will at last be taken to bring legislation into conformity with the Convention and that the Government will soon be able to report the progress made in this regard. Pending the adoption of such measures, the Committee again requests the Government to provide 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.

2. Article 1(c) and (d). The Committee previously noted that section 119 of the Maritime Act No. 15 of 1994 empowers the captain to take disciplinary measures in accordance with the special laws regulating them and requested copies of such special laws. The Government indicates in its report that the implementing regulations under the Act are still under elaboration by the Ministry of Transport and Maritime Affairs.

The Committee hopes that the Government will supply a copy of implementing regulations under the Maritime Act (No. 15 of 1994), as soon as they are adopted, including any special provisions governing disciplinary measures for seafarers adopted under section 119 of the Act.

The Committee again requests the Government to indicate clearly, in its next report, whether the disciplinary provisions of the Merchant Shipping Ordinance (Cap. 95), on which the Committee has been commenting for many years (sections 96, 98-100 and 101(b), (c) and (e) which provided that seafarers may be forcibly conveyed on board ship to perform their duties, and that certain breaches of discipline by seafarers are punishable with imprisonment involving an obligation to perform labour) have been formally repealed and, if so, to supply a copy of the repealing text.