Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Aruba

Articles 1(1) and 2(1) of the Convention. Policies aiming at combating forced or compulsory labour. The Committee previously asked the Government to provide information on the measures taken or envisaged in order to develop policies aiming at combating forced labour. The Committee notes the Government’s statement that no progress has been made in this regard, but due to a recent complaint received by the Labour Department concerning a potential example of forced labour, the Government will make efforts to deal with this matter urgently. The Committee expresses the hope that the Government will take the necessary measures to formulate policies aiming at combating forced labour. The Committee requests the Government to provide information on the progress achieved in this regard in its next report.

Article 2(2)(c). Legislation governing prison services. In its previous comments, the Committee noted the adoption of the National Regulations on Principles relating to Prisons of 13 December 2005, but that according to the Government’s indication these Regulations had not yet come into force. The Committee, once again notes the Government’s statement that the Ordinance Penitentiary Regulations (No. 75 of 2005) have still not come into force. The Committee requests the Government to take the necessary measures to ensure that the Ordinance Penitentiary Regulations will come into force in the near future and requests it to provide information on the progress made in this regard.

Article 25. Application of penal sanctions for the exaction of forced or compulsory labour. In its previous comments, the Committee requested the Government to provide information on the practical application of sanctions for the illegal imposition of forced labour. The Committee notes the Government’s reference to a case of a foreign worker who presented a claim against his employer for failure to pay him his wage and for forcing him to work extremely long hours without compensation, as a case of forced labour although the employer was not fined and no penal prosecution was deemed necessary. It also notes the comments of the Aruban Workers’ Federation that the worker did not file penal charges against the employer. In this regard, the Government confirms that the worker did not file charges with the Prosecutor. The Committee hopes that the Government will continue to provide information on complaints related to forced labour, particularly information on the penalties imposed, as well as copies of the relevant court decisions, if any.