Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - United Arab Emirates (Ratification: 1997)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. The Committee recalls that the Federal Act on Merchant Shipping (No. 26 of 1981) provides for penalties of imprisonment (involving compulsory prison labour) on seafarers for various breaches of labour discipline (e.g. section 200(a)(c)(g) and (j)); section 204(d); and section 205). The Committee noted the Government’s indication in this regard that the Federal Transport Authority – Land and Maritime was developing a new act to regulate maritime labour in the country and requested the Government to take the necessary measures to bring the above-mentioned provisions into conformity with the Convention, either by repealing sanctions involving compulsory labour or by restricting their application to circumstances in which the ship or the life or health of persons are endangered.

The Committee notes the Government’s indication, in its report, that it continues to develop its maritime-related legislation and that the legislative bodies have been made aware of the Committee’s comments and will take action as appropriate. The Committee reiterates its previous comments and requests that the Government provides information on the progress made on the development and adoption of the new legislation regulating maritime labour in the country that will ensure compliance with the Convention.

Article 1(d). Sanctions involving compulsory labour for participation in strikes. In its earlier comments, the Committee referred to section 231(1) of the Penal Code of 1987, which provided for sanctions of imprisonment (involving an obligation to work) in cases in which at least three public officials abandon their jobs or voluntarily abstain from performing any obligations related thereto, acting in agreement among themselves or pursuing an illegal objective.

The Committee observes with regret that section 272 of the new Penal Code of 2021 retains this provision, specifying that violation is punishable by incarceration for a period ranging from 6 months to a year. The penalty is increased to incarceration (which can be up to three years, pursuant to section 70) if such leaving or abstaining endanger peoples’ lives, health or security, or causes disturbance among people or disruption to another public interest. In accordance with section 71 of the Penal Code, incarceration is a penalty which restricts the liberty of the person convicted and involves compulsory labour. Therefore, section 272 of the Penal is not in conformity with the Convention, as it would make peaceful participation of public officials in a strike an offence punishable with imprisonment (involving compulsory labour). In this regard, the Committee has continually emphasized that no penal sanctions should be imposed against a worker for having peacefully carried out a strike and thus for merely exercising an essential right, and therefore that measures of imprisonment should not be imposed on any account. Such sanctions could be envisaged only where, during a strike, violence against persons or property has been committed.

The Committee therefore urges the Government to take the necessary measures to ensure that section 272 of the Penal Code is reviewed so that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in strikes. The Committee also once again requests the Government to provide further information on the application of section 272 of the Penal Code in practice, including copies of any court decisions defining or illustrating its scope.