Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

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.