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Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested information concerning the application in practice of section 246 (unlawful detention or deprivation of liberty) and section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties. The Committee noted the Government’s statement that the slave trade is not widespread in the country and no such cases had been recorded before the national courts. It added that there are national campaigns to combat child smuggling to neighbouring countries for the purpose of labour exploitation.

The Committee observes that the Committee on Economic, Social and Cultural Rights, in its concluding observations, expressed its deep concern about the large-scale trafficking in women and children, including to neighbouring countries, for sexual and other exploitative purposes. It is also concerned about the low rate of prosecutions against perpetrators of women and child trafficking (E/c.12/YEM/co/2, May 2011, paragraph 24).

In light of the above considerations, the Committee requests the Government to provide detailed information on the measures taken to prevent, prosecute and punish trafficking in persons, as well as information on the penalties imposed on the perpetrators in application of section 248 of the Law on Crimes and Penalties. Moreover, referring to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee also requests the Government to supply a copy of the draft amendments to the Law on Crimes and Penalties, as soon as they are adopted.

Articles 1(1) and 2(1). 1. Freedom of workers to terminate employment. In its earlier comments the Committee noted that certain provisions of the Labour Code (Act No. 5 of 1995) allow the worker to resign under specific conditions. Section 35(2) lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice. The Committee also referred to section 36, which lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length.

The Committee noted the Government’s indication that the new draft Bill of the Labour Code includes a provision on the freedom of workers to resign without justification, provided they observe a notice period. Noting an absence of information in this regard, the Committee trusts that the draft Bill of the Labour Code will soon be adopted so that national legislation is brought into conformity with the Convention on this point. It requests the Government to provide a copy of the new Labour Code, as soon as it is adopted.

2. Freedom of career military personnel to leave the service. In its earlier comments, the Committee referred to section 95 of Act No. 67 of 1991 concerning military service, which stipulates that the minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he has spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service.

The Committee noted the Government’s repeated statement that members of the armed forces enjoy privileges and therefore the topic of resignation has not been raised before. The Government also indicated that there are numerous upper secondary graduates who wish to join the armed forces, due to the economic conditions and the prevailing unemployment in the labour market. The Committee recalled that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example, by means of notice of reasonable length (paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour).

Noting the absence of information in this regard, the Committee trusts that the necessary measures will soon be taken to amend sections 95 and 96 of Act No. 67 of 1991 concerning military service by ensuring that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the abovementioned sections in practice, indicating in particular, over the past few years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 2(2)(c). Prison labour. In its previous comments, the Committee requested the Government to communicate the regulations governing prison labour issued under Act No. 48 of 1991 relating to prisons. The Committee noted the Government’s indication that there are no regulations issued under prison Act No. 48 of 1991, as this Act is applied directly on the ground. The Committee noted that section 16 of the abovementioned Act allows prisoners to work outside the penitentiary establishments. Noting the absence of information in this regard, the Committee once again requests the Government to indicate whether prisoners are hired to or placed at the disposal of private individuals, companies or associations and, if so, under which conditions.