Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Forced Labour Convention, 1930 (No. 29) - Aruba

The Committee notes with regret 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

Articles 1(1), 2(1) and 25 of the Convention. 1. Policies aiming at combating forced labour. In its previous comments, the Committee requested the Government to take the necessary measures to formulate policies aiming at combating forced labour.

The Committee notes the Government’s indication that one of the main advancements in combating forced labour is translating the policy of giving more authority to labour inspectors into the new ordinance for administrative enforcement that came into effect on 1 April 2013, as communicated under the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to continue to take the necessary measures to adopt policies that tackle forced labour practices. The Committee requests the Government to supply copies of any action plan, programme or legislation in this regard.

2. Application of penal sanctions for the exaction of forced labour. In its previous comments, the Committee requested the Government to continue to provide information on complaints related to forced labour.

The Committee notes the Government’s reference to the case of an employer who allegedly violated various laws on working hours, weekly rest, rest periods, overtime and payment for working on holidays. The inspector paid a visit to the employer but, as it was a first violation, the employer was given the opportunity to remedy the situation. The inspectors are pending a follow-up visit to verify compliance with the laws. The Committee requests the Government to continue to provide information on complaints related to forced labour, indicating the penalties imposed in this regard. The Committee also requests the Government to supply copies of relevant court decisions as regards such complaints.

Article 2(2)(c). Legislation governing prison services. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the Ordinance Penitentiary Regulations (No. 75 of 2005) come into force.

The Committee notes the Government’s indication that the bill to declare the Ordinance Penitentiary Regulations into force is currently in the hands of the Advisory Council. After review by the Advisory Council, the Government will have the opportunity to make adjustments to the bill, if deemed necessary, and then submit it to the Parliament. While noting this information, the Committee once again requests the Government to take the necessary measures to ensure that the Ordinance Penitentiary Regulations come into force in the near future and requests it to provide information on the progress made in this regard.