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

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

Article 1(c) of the Convention. 1. Disciplinary measures applicable to seafarers. Referring to sections 413 and 414 of the Penal Code of Aruba, under which certain breaches of labour discipline by seafarers are punishable by imprisonment (involving compulsory prison labour), the Committee noted the Government’s indication that the provisions of the abovementioned sections are limited to situations where the safety of passengers, the vessel or the cargo are endangered. The Committee, however, pointed out that endangering cargo or other assets may be punishable by sanctions involving compulsory labour only in cases of wilful acts (which would amount to criminal offences), and not where they are caused by negligence. It requested the Government to take the necessary measures to restrict sections 413 and 414 of the Penal Code to situations where the safety of the ship or the life or health of persons is endangered in cases of wilful acts.

The Committee notes the Government’s statement that the punishment as referred to in sections 413 and 414 of the Penal Code can only be exacted in cases of wilful action or wilful non-action, and that negligence does not fall under the breadth of these sections.

2. Disciplinary measures applicable to public servants. Over a number of years, the Committee has been drawing the Government’s attention to section 83 of the Organic Act respecting the public service (SPG 1989, No. GT 37), under which 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 noted the Government’s indication that it would keep the ILO informed of action taken to bring section 83 into conformity with the Convention.

The Committee notes once again the Government’s repeated indication that the situation regarding this matter remains unchanged.

The Committee requests the Government to take the necessary measures to ensure that its legislation is brought into conformity with the Convention and to provide information in its next report on the measures adopted or envisaged in this respect.