CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Yemen (RATIFICATION: 1969)

Other comments on C105

Direct Request

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political system. Over a number of years, the Committee has been referring to sections 103 and 104 of Act No. 25 of 1990 on the press and publications, which impose restrictions on printing, publishing and disseminating of certain political views, violation of such restrictions being punishable with imprisonment (involving an obligation to work). The Committee had also noted the Government’s indication that the new Act on the Press and Publications had been promulgated. As the Government’s report contains no information on this issue, the Committee once again requests the Government to communicate a copy of the new Act on the Press and Publications in its next report, in order to assess its conformity with the provisions of the Convention.

Article 1(c). Disciplinary measures applicable to seafarers. 1. In its earlier comments, the Committee noted that section 119 of the Maritime Act (No. 15 of 1994) empowers the captain to take disciplinary measures in accordance with the special laws regulating them and requested copies of such special laws. The Committee also noted the Government’s statement in its last report that such regulations giving effect to the Maritime Act had not been adopted. Noting the absence of information in the Government’s most recent report on this point, the Committee invites the Government to supply, once adopted, a copy of the implementing regulations under the Maritime Act (No. 15 of 1994), as is specified in section 119.

2. In its earlier comments, the Committee requested the Government to indicate whether the disciplinary provisions of the Merchant Shipping Ordinance (Cap. 95), which provided that seafarers may be forcibly conveyed on board ship to perform their duties, and that certain breaches of discipline by seafarers are punishable with imprisonment involving an obligation to perform labour, have been formally repealed. The Committee notes the Government’s reference in this connection to section 428 of the Maritime Act (No. 15 of 1994), which has repealed the earlier enactments concerning maritime issues (Act No. 13, 1976 issued in Sanaa and Act No. 10, 1988 issued in Aden), including disciplinary provisions of the Merchant Shipping Ordinance (Cap. 95).