CMNT_TITLE

South Yemen

With reference to its general observation, the Committee recalls its previous direct request which read as follows:

Article 1(c) and (d) of the Convention. In its earlier comments, the Committee has noted that under sections 96, 98 to 100 and 101(b), (c) and (e) of the Merchant Shipping Ordinance, seamen may be forcibly conveyed on board ship to perform their duties and certain breaches of discipline by seamen are punishable with imprisonment involving, by virtue of section 43 of the Prisons Ordinance, the obligation to perform labour. The Committee noted from the Government's report received in 1986, that the new legislation to replace the Merchant Shipping Ordinance is still under study. The Committee hopes that the necessary measures will be taken in the near future to bring the legislation on merchant shipping into conformity with the Convention, by repealing the provisions that prescribe the forcible conveyance of seamen on board and abolishing the sentences of imprisonment involving the obligation to perform labour for breaches of discipline, or by restricting their scope to circumstances endangering the life, safety or health of persons, and that the Government will indicate the measures adopted.

Article 1(d). The Committee has noted that, according to the Government, no specific penalities apply to workers failing to comply with the procedure for the settlement of labour disputes provided for in Part XII of Labour Law, No. 14 of 1978, but that the courts may in such cases apply the sanctions provided for under the Penal Code. The Committee asks the Government to furnish a copy of this Code, which has not been sent with the Government's report.

The Committee again asks the Government also to provide the text of the legislation respecting newspapers and any other printed publication.

The Committee trusts that the review of the legislation now in process will take into account all the points raised and asks the Government to provide the relevant texts with its report.

The Committee asks the Government to provide copies of all regulatory and other provisions governing prison labour along with information on the application in practice of the above-mentioned provisions, particularly as regards the nature of the work performed by the persons assigned to labour (section 45) and by persons sentenced to imprisonment (section 59).

3. The Committee also repeats its request to the Government to provide copies of the provisions of the Act governing compulsory military service and of the Act on civil defence.

The Committee trusts that the review of the legislation now under way will take account of all the points raised and it asks the Government to provide the relevant texts along with its report.