Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Aruba

Article 1(c) of the Convention. Disciplinary measures involving compulsory labour applicable to public servants. The Committee has been requesting the Government to amend section 83 of the Organic Act which relates to 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, including the obligation to perform up to six hours’ extra service without pay or for less than the normal wage. The Government indicates in its report that that there is no new information regarding repealing or amending any provisions to the Organic Act of Public Servants. The Government reiterates its previous explanation that the provisions of article 83§1b have been declared a dead letter decades ago, they have no weight for execution and have not been applied to anyone and would under no circumstances be a legitimate disciplinary action to be exercised by the Government against any public servant. The Committee notes that section 83 of the Organic Act related to Public Service has not been applied in practice but must nevertheless reiterate the firm hope that measures will be taken with a view to ensuring legal certainty and formally bringing the legislation into conformity with article 1c) of the Convention, which prohibits the imposition of sanctions involving compulsory labour for breaches of labour discipline.