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

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(c) of the Convention. Disciplinary measures applicable to public servants. For 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 expressed the firm hope that the Government would take the necessary measures to bring section 83 of the Organic Act respecting the public service into conformity with Article 1(c)of the Convention under which no compulsory labour may be imposed as a means of labour discipline.

The Committee notes the Government’s information in its report that while section 83 of the Organic Act respecting the public service has neither been repealed nor amended, it has been declared a dead letter and has no weight for execution. The Government further stresses that the provisions under section 83 have not been applied to any person and would under no circumstances be a legitimate disciplinary action to be exercised by the Government against any public servant.The Committee once again requests the Government to take the necessary measures to formally repeal section 83 of the Organic Act respecting the public service so as to bring the legislation into conformity with Article 1(c) of the Convention and with the practice indicated, and thereby ensure legal certainty.

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Article 1(c) of the Convention. Disciplinary measures applicable to public servants. For 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 expressed the firm hope that the Government would take the necessary measures to bring section 83 of the Organic Act respecting the public service into conformity with Article 1(c) of the Convention under which no compulsory labour may be imposed as a means of labour discipline.

The Committee notes the Government’s information in its report that while section 83 of the Organic Act respecting the public service has neither been repealed nor amended, it has been declared a dead letter and has no weight for execution. The Government further stresses that the provisions under section 83 have not been applied to any person and would under no circumstances be a legitimate disciplinary action to be exercised by the Government against any public servant. The Committee once again requests the Government to take the necessary measures to formally repeal section 83 of the Organic Act respecting the public service so as to bring the legislation into conformity with Article 1(c) of the Convention and with the practice indicated, and thereby ensure legal certainty.

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(c) of the Convention. Disciplinary measures applicable to public servants. Since 1998, 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 expresses the firm hope that the Government will take the necessary measures to bring its legislation into conformity with the Convention. In the meantime, the Committee requests the Government to provide information on the application of section 83 of the Organic Act of 1989.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(c) of the Convention. Disciplinary measures applicable to public servants. Since 1998, 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 expresses the firm hope that the Government will take the necessary measures to bring its legislation into conformity with the Convention. In the meantime, the Committee requests the Government to provide information on the application of section 83 of the Organic Act of 1989.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 1(c) of the Convention. Disciplinary measures applicable to public servants. Since 1998, 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 expresses the firm hope that the Government will take the necessary measures to bring its legislation into conformity with the Convention. In the meantime, the Committee requests the Government to provide information on the application of section 83 of the Organic Act of 1989.

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Article 1(c) of the Convention. Disciplinary measures applicable to public servants. Since 1998, 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 expresses the firm hope that the Government will take the necessary measures to bring its legislation into conformity with the Convention. In the meantime, the Committee requests the Government to provide information on the application of section 83 of the Organic Act of 1989.

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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.

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Article 1(c) of the Convention. 1. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred 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), which is contrary to this Article of the Convention. The Committee notes from the explanatory memorandum supplied by the Government with its report that the proposed amendments to the Penal Code restrict the provisions of sections 413 and 414 to situations where the safety of passengers, the vessel or the cargo are endangered.

However, the Committee recalls, also referring to the explanations in paragraphs 179–181 of its General Survey of 2007 on the eradication of forced labour, that only acts which endanger the ship or the life or health of persons are excluded from the scope of the Convention. The Committee observes that a situation where “the cargo is endangered” does not seem to satisfy these criteria. It also points 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. On the other hand, it seems clear that offences connected with endangering cargo or other assets may be punishable by other kinds of sanctions (e.g. not involving compulsory labour), which are outside the scope of the Convention.

The Committee therefore hopes that the necessary measures will be taken in order to restrict these provisions of the Penal Code to situations where the safety of the ship or the life or health of persons are endangered, and that the proposed amendments will be modified accordingly to bring the legislation into conformity with the Convention.

2. Disciplinary measures applicable to public servants. In its earlier comments, the Committee referred 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 Government indicates in its report that no steps have been taken yet to bring the above provision into conformity with the Convention and that it undertakes to keep the ILO informed of any action taken to this end. Noting also the Government’s repeated indication that section 83 has not been applied in practice, the Committee expresses the firm hope that the necessary measures will be taken with a view to bringing the legislation into conformity with the Convention and the practice indicated, and that the Government will soon be in a position to provide information on the progress made in this regard.

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Article 1(c) of the Convention. 1. Disciplinary measures involving compulsory labour applicable to seafarers. The Committee has noted that under sections 413 and 414 of the Penal Code of Aruba, a copy of which was communicated by the Government with its report, certain breaches of labour discipline by seafarers are punishable by imprisonment (involving compulsory prison labour), which is contrary to this Article of the Convention. In its earlier comments, the Committee has been referring for similar reasons to sections 413 and 414 of the Penal Code of the Netherlands Antilles, which was previously applicable to Aruba. The Committee takes due note of the Government’s view expressed in the report that no reference is made in sections 413 and 414 of the Penal Code of Aruba to compulsory labour, but recalls in this connection that the Convention covers any form of forced or compulsory labour which could be used as a means of labour discipline, including forced or compulsory labour of persons sentenced to imprisonment. Referring also to the explanations contained in paragraphs 179–181 of its General Survey of 2007 on the eradication of forced labour, the Committee expresses firm hope that appropriate measures will be taken in the near future in order to bring the above provisions into conformity with the Convention on this point, e.g. by restricting them to situations where the safety of the ship or the life or health of persons are endangered.

2. Disciplinary measures involving compulsory labour applicable to public servants. In its earlier comments, the Committee referred 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 Government indicates in its report that no decision has been made with regard to the steps to be taken to bring the above provision into compliance with the Convention, though the Government is aware of the continued non-compliance. The Government also indicates that section 83 has not been applied in practice. The Committee also notes that several special committees have been set up by the Government to propose amendments to a number of laws. While noting this information, the Committee reiterates its hope that the necessary measures will soon be taken with a view to bringing legislation into conformity with the Convention on this point and that the Government will be able to provide, in its future reports, information on any action taken.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 1(c) of the Convention. The Committee previously noted that, under sections 413 and 414 of the Penal Code of the Netherlands Antilles, certain breaches of labour discipline by seafarers are punishable by imprisonment involving compulsory labour, which is contrary to this Article of the Convention. The Committee referred to paragraph 117 of its General Survey of 1979 on the abolition of forced labour, where it is pointed out that only sanctions relating to acts tending to endanger the ship or the life or health of persons on board are not covered by the Convention.

The Government indicates in its report that a special committee was set up on 31 March 2003 by State decree with the task of evaluating the Penal Code, and to recommend changes accordingly, and that the Labour Department has presented this issue to the special committee, so that sections 413-414 would become a point of discussion. The Committee trusts that appropriate measures will be taken in the near future in order to introduce the necessary amendments to bring the legislation into conformity with the Convention on this point, and that the Government will provide, in its next report, information on the progress achieved in this regard.

2. In its earlier comments, the Committee noted that, under section 83 of the Organic Act respecting the public service (SPG 1989, No. GT 37), 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 Government indicates in its report that no changes have been introduced to the Act. The Committee previously noted the Government’s indication in its 2002 report that the Government was in the process of evaluating the steps it wishes to take. It reiterates the hope that the Government will be able to provide, in its future reports, information on any action taken.

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Aruba

1. Article 1(c) of the Convention. The Committee previously noted that, under sections 413 and 414 of the Penal Code of the Netherlands Antilles, certain breaches of labour discipline by seafarers are punishable by imprisonment involving compulsory labour, which is contrary to this Article of the Convention. The Committee referred to paragraph 117 of its General Survey of 1979 on the abolition of forced labour, where it is pointed out that only sanctions relating to acts tending to endanger the ship or the life or health of persons on board are not covered by the Convention.

The Government indicates in its report that a special committee was set up on 31 March 2003 by State decree with the task of evaluating the Penal Code, and to recommend changes accordingly, and that the Labour Department has presented this issue to the special committee, so that sections 413-414 would become a point of discussion. The Committee trusts that appropriate measures will be taken in the near future in order to introduce the necessary amendments to bring the legislation into conformity with the Convention on this point, and that the Government will provide, in its next report, information on the progress achieved in this regard.

2. In its earlier comments, the Committee noted that, under section 83 of the Organic Act respecting the public service (SPG 1989, No. GT 37), 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 Government indicates in its report that no changes have been introduced to the Act. The Committee previously noted the Government’s indication in its 2002 report that the Government was in the process of evaluating the steps it wishes to take. It reiterates the hope that the Government will be able to provide, in its future reports, information on any action taken.

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Article 1(c) of the Convention. 1. In its earlier comments, the Committee noted that under sections 413 and 414 of the Penal Code of the Netherlands Antilles certain breaches of labour discipline by seafarers are punishable by imprisonment involving compulsory labour, which is contrary to this Article of the Convention. The Committee referred to paragraph 117 of its 1979 General Survey on the abolition of forced labour, where it pointed out that only sanctions relating to acts tending to endanger the ship or the life or health of persons on board are not covered by the Convention.

The Committee notes the Government’s indication in the report that the abovementioned sections of the Penal Code have not yet been amended. It expresses the firm hope that appropriate measures will be taken in the near future in order to introduce the necessary amendments to bring the legislation into conformity with the Convention on this point. It asks the Government to provide, in its next report, information on the action taken to this end.

2. The Committee previously noted that, under section 83 of the Organic Act respecting the public service (SPG 1989, No. GT 37), 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 Government indicates in its report that this provision of the Act remains unchanged and that the Government is still in the process of evaluating the steps it wishes to take. Referring to point 1 of its direct request addressed to the Government under Convention No. 29, the Committee again expresses the hope that the Government will be able to provide, in its next report, information on any action taken.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(c) of the Convention. 1. In its earlier comments, the Committee noted that under sections 413 and 414 of the Penal Code of the Netherlands Antilles certain breaches of labour discipline by seafarers are punishable by imprisonment involving compulsory labour, which is contrary to this Article of the Convention. As the Committee pointed out in its 1979 General Survey on the abolition of forced labour, only sanctions relating to acts tending to endanger the ship or the life or health of persons on board are not covered by the Convention. The Government informs that the abovementioned sections of the Penal Code have not yet been amended. The Committee trusts that the Government will take appropriate measures, in the near future, in order to introduce the necessary amendments to bring the legislation into conformity with the Convention on this point. It asks the Government to provide, in its next report, information on the progress made in this regard.

2. The Committee noted previously that, under section 83 of the Organic Act respecting the public service (SPG 1989, No. GT 37), 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 Government indicates in its report that it has not taken a position on this matter yet. Referring also to point 1 of its direct request made under Convention No. 29, the Committee hopes that the Government will be able to provide, in its next report, information on any action taken.

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Article 1(c) of the Convention. 1. In its earlier comments, the Committee noted that under sections 413 and 414 of the Penal Code of the Netherlands Antilles certain breaches of labour discipline by seafarers are punishable by imprisonment involving compulsory labour, which is contrary to this Article of the Convention. As the Committee pointed out in its 1979 General Survey on the abolition of forced labour, only sanctions relating to acts tending to endanger the ship or the life or health of persons on board are not covered by the Convention. The Government informs that the abovementioned sections of the Penal Code have not yet been amended. The Committee trusts that the Government will take appropriate measures, in the near future, in order to introduce the necessary amendments to bring the legislation into conformity with the Convention on this point. It asks the Government to provide, in its next report, information on the progress made in this regard.

2. The Committee noted previously that, under section 83 of the Organic Act respecting the public service (SPG 1989, No. GT 37), 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 Government indicates in its report that it has not taken a position on this matter yet. Referring also to point 1 of its direct request made under Convention No. 29, the Committee hopes that the Government will be able to provide, in its next report, information on any action taken.

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Article 1(c) of the Convention. 1. The Committee noted, in its previous comments, that under sections 413 and 414 of the Penal Code of the Netherlands Antilles certain breaches of labour discipline by seafarers incur terms of imprisonment involving compulsory labour. In its 1997 report, the Government responded that information in respect of developments in this matter would be forwarded in its next report. The Committee trusts that the Government will shortly provide information on the measures adopted or envisaged in this respect.

2. The Committee notes that, under section 83 of the Organic Act respecting the public service (SPG 1989, No. GT 37), 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 is bound to draw the Government's attention to the explanations which are given in paragraphs 110-116 of the General Survey of 1979 on the abolition of forced labour, which states that the sanctions for breaches of labour discipline such as unjustified absence from work, the refusal to work or even lack of devotion to work are covered by the Convention. The Committee requests the Government to take the necessary measures to amend sections 83.1 and 83.3(a) of the Act of 1989 respecting the public service to ensure its compliance with the provisions of the Convention.

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The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments, the Committee noted that the Netherlands Antilles legislation has been in force in Aruba since 1 January 1986. The Committee asks the Government to indicate whether the amendments made to the Criminal Code of the Netherlands Antilles by Ordinance No. 152 of 7 November 1986, particularly as regards sections 413 and 414 of the Code, have also been applied to Aruba.

The Committee has noted the information supplied by the Government in its report received in June 1991 to the effect that the amendments have not yet been adopted. The Committee observes that under sections 413 and 414 of the Criminal Code, certain breaches of labour discipline by seamen are liable to imprisonment involving compulsory labour, which is contrary to Article 1(c) and (d) of the Convention.

The Committee refers to its observation of 1989 on this Convention regarding the Netherlands Antilles, and asks the Government to indicate the measures taken or under consideration to bring the legislation into conformity with the Convention.

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The Committee notes with regret that no report has been received from the the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments, the Committee noted that the Netherlands Antilles legislation has been in force in Aruba since 1 January 1986. The Committee asks the Government to indicate whether the amendments made to the Criminal Code of the Netherlands Antilles by Ordinance No. 152 of 7 November 1986, particularly as regards sections 413 and 414 of the Code, have also been applied to Aruba.

The Committee has noted the information supplied by the Government in its report received in June 1991 to the effect that the amendments have not yet been adopted. The Committee observes that under sections 413 and 414 of the Criminal Code, certain breaches of labour discipline by seamen are liable to imprisonment involving compulsory labour, which is contrary to Article 1(c) and (d) of the Convention.

The Committee refers to its observation of 1989 on this Convention regarding the Netherlands Antilles, and asks the Government to indicate the measures taken or under consideration to bring the legislation into conformity with the Convention.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments, the Committee noted that the Netherlands Antilles legislation has been in force in Aruba since 1 January 1986. The Committee asks the Government to indicate whether the amendments made to the Criminal Code of the Netherlands Antilles by Ordinance No. 152 of 7 November 1986, particularly as regards sections 413 and 414 of the Code, have also been applied to Aruba.

The Committee has noted the information supplied by the Government in its report received in June 1991 to the effect that the amendments have not yet been adopted. The Committee observes that under sections 413 and 414 of the Criminal Code, certain breaches of labour discipline by seamen are liable to imprisonment involving compulsory labour, which is contrary to Article 1(c) and (d) of the Convention.

The Committee refers to its observation of 1989 on this Convention regarding the Netherlands Antilles, and asks the Government to indicate the measures taken or under consideration to bring the legislation into conformity with the Convention.

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In its previous comments, the Committee noted that the Netherlands Antilles legislation has been in force in Aruba since 1 January 1986. The Committee asks the Government to indicate whether the amendments made to the Criminal Code of the Netherlands Antilles by Ordinance No. 152 of 7 November 1986, particularly as regards sections 413 and 414 of the Code, have also been applied to Aruba.

The Committee notes the information supplied by the Government in its report received in June 1991 to the effect that the amendments have not yet been adopted. The Committee observes that under sections 413 and 414 of the Criminal Code, certain breaches of labour discipline by seamen are liable to imprisonment involving compulsory labour, which is contrary to Article 1(c) and (d) of the Convention.

The Committee refers to its observation of 1989 on this Convention regarding the Netherlands Antilles, and asks the Government to indicate the measures taken or under consideration to bring the legislation into conformity with the Convention.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted with interest the Government's first report on the application of the Convention. The Committee noted in particular the indication that the complete national legislation of the Netherlands Antilles has been adopted by Aruba as of 1 January 1986.

Referring to its 1989 observation on the Convention regarding the Netherlands Antilles, the Committee requests the Government to indicate in its next report whether the amendments made in the Criminal Code of the Netherlands Antilles by Ordinance No. 152 of 7 November 1986, particularly as regards sections 405, 413 and 414 of the Criminal Code concerning certain breaches of labour discipline by seamen, have also been adopted by Aruba, and to supply a copy of any statutory instrument to that effect.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

The Committee noted with interest the Government's first report on the application of the Convention. The Committee noted in particular the indication that the complete national legislation of the Netherlands Antilles has been adopted by Aruba as of 1 January 1986.

Referring to its 1989 observation on the Convention regarding the Netherlands Antilles, the Committee requests the Government to indicate in its next report whether the amendments made in the Criminal Code of the Netherlands Antilles by Ordinance No. 152 of 7 November 1986, particularly as regards sections 405, 413 and 414 of the Criminal Code concerning certain breaches of labour discipline by seamen, have also been adopted by Aruba, and to supply a copy of any statutory instrument to that effect.