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Article 1, subparagraph (a), of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee referred to certain provisions of Act No. 25 of 1990 on the press and printings, which imposed 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 notes with interest the Government’s indication in the report that the new Act on the Press and Publications has been promulgated and requests the Government to communicate a copy for the examination by the Committee.

Article 1, subparagraphs (c) and (d). Disciplinary measures applicable to seafarers. 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. It also noted the Government’s indication in its earlier reports that the implementing regulations under the Act were under elaboration by the Ministry of Transport and Maritime Affairs. The Government indicates in its latest report that no such regulations have been adopted.

The Committee reiterates its hope that the Government will supply a copy of implementing regulations under the Maritime Act, as soon as they are adopted, including any special provisions governing disciplinary measures for seafarers referred to in section 119 of the Act.

Having also noted the Government’s repeated statement that the Maritime Act (No. 15 of 1994) has repealed the earlier enactments concerning maritime issues, including disciplinary provisions of the Merchant Shipping Ordinance (Cap. 95), the Committee requests the Government to indicate the provisions governing labour discipline in merchant shipping and to supply copies of relevant texts.

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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, social or economic system. In its earlier comments, the Committee referred to section 103 of Act No. 25, 1990 on the press and printings, which prohibits, inter alia, printing, publishing and disseminating views opposing the goals and principles of the Yemeni revolution or prejudicial to the Yemeni or Islamic civilization, as well as information containing direct criticism of the Head of State. Under section 104 of the same Act, violation of restrictions provided for in section 103 are punishable with imprisonment (involving an obligation to work, by virtue of Chapter 4 of Act No. 48, 1991 on the organization of prisons). The Committee also noted that certain other prohibitions laid down in section 103 (e.g. prohibition of printing, publishing and disseminating views prejudicial to the national unity, or “deliberately false” information with a view to influencing the economic situation and provoking disorder in the country) are worded in so general terms that their compatibility with the Convention should be examined.

The Committee notes the Government’s indication in the report that the President of the Republic has instructed the Ministry of Information to revise Act No. 25, 1990, so as to repeal penalties of imprisonment for journalist activities. The Government also indicates that the Yemeni Journalists Union has submitted a draft law on the press and printing, which takes into account the provisions of the Convention; the draft is being discussed by the journalists, information specialists, the Government’s party and the opposition.

The Committee trusts that the legislation concerning the press and printing will soon be brought into conformity with the Convention and requests the Government to indicate, in its next report, the progress made in this regard. Pending the revision, the Committee requests the Government to continue to provide information on the application in practice of all of the abovementioned provisions of Act No. 25 on the press and printing, including copies of any court decisions defining and illustrating their scope.

Article 1(c) and (d). Disciplinary measures applicable to seafarers. The Committee previously noted that section 119 of the Maritime Act (No. 15, 1994) empowers the captain to take disciplinary measures in accordance with the special laws regulating them and requested copies of such special laws. It also noted the Government’s indication that the implementing regulations under the Act were under elaboration by the Ministry of Transport and Maritime Affairs. The Government indicates in its latest report that no such regulations have been adopted. The Committee reiterates its hope that the Government will supply a copy of implementing regulations under the Maritime Act, as soon as they are adopted, including any special provisions governing disciplinary measures for seafarers adopted under section 119 of the Act.

In its earlier comments, the Committee requested the Government to indicate whether the disciplinary provisions of the Merchant Shipping Ordinance (Cap. 95), on which the Committee has been commenting for many years (sections 96, 98–100 and 101(b), (c) and (e) 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 and, if so, to supply a copy of the repealing text. The Committee notes that the Government refers in this connection to section 428 of the Maritime Act (No. 15, 1994), which has repealed certain provisions concerning maritime issues (Act No. 13, 1976 issued in Sanaa and Act No. 10, 1988 issued in Aden). Noting also the Government’s statement that the repeal of Acts No. 13, 1976 and No. 10, 1988, confirms the repeal of the abovementioned sections of the Merchant Shipping Ordinance (Cap. 98), the Committee would appreciate it if the Government would provide clarifications about the relevance of the repealed Acts to the indicated sections of the Ordinance, e.g. by supplying copies of the relevant provisions of the repealed Acts.

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1. Article 1(a) of the Convention. In its earlier comments, the Committee referred to section 104 of Act No. 25 of 1990 on the press and printing, according to which violation of restrictions provided for in section 103 of the same Act are punishable with imprisonment (involving an obligation to work, by virtue of Chapter 4 of Act No. 48 of 1991 on the organization of prisons). The Committee pointed out that this is incompatible with Article 1(a) of the Convention, which affords protection to the expression of political views or views ideologically opposed to the established political, social or economic system. Section 103 of Act No. 25 of 1990 prohibits, inter alia, printing, publishing and disseminating views opposing the goals and principles of the Yemeni revolution or prejudicial to the Yemeni or Islamic civilization, as well as information containing direct criticism of the Head of State. Moreover, certain other prohibitions in section 103 are worded in so general terms that information is required on their interpretation by the courts in order to evaluate their compatibility with the protection afforded by the Convention, e.g. where section 103 prohibits printing, publishing and disseminating views prejudicial to the national unity or to the public morality, personal dignity and individual liberties, or "deliberately false" information with a view to influencing the economic situation and provoking disorder in the country.

The Committee notes the Government’s renewed statement in its report that it has taken note of the Committee’s comments and will discuss them with the competent bodies with a view to introducing the necessary amendments in order to bring the abovementioned provisions into conformity with the Convention.

While noting this indication, the Committee expresses firm hope that the necessary measures will at last be taken to bring legislation into conformity with the Convention and that the Government will soon be able to report the progress made in this regard. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application in practice of all of the abovementioned provisions of Act No. 25 on the press and printing, including the number of convictions and copies of any court decisions defining and illustrating their scope.

2. Article 1(c) and (d). The Committee previously 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 Government indicates in its report that the implementing regulations under the Act are still under elaboration by the Ministry of Transport and Maritime Affairs.

The Committee hopes that the Government will supply a copy of implementing regulations under the Maritime Act (No. 15 of 1994), as soon as they are adopted, including any special provisions governing disciplinary measures for seafarers adopted under section 119 of the Act.

The Committee again requests the Government to indicate clearly, in its next report, whether the disciplinary provisions of the Merchant Shipping Ordinance (Cap. 95), on which the Committee has been commenting for many years (sections 96, 98-100 and 101(b), (c) and (e) 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 and, if so, to supply a copy of the repealing text.

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The Committee notes the information provided by the Government in reply to its earlier comments.

1. Article 1(c) and (d) of the Convention. The Committee previously noted that under sections 96, 98 to 100 and 101(b), (c) and (e) of the Merchant Shipping Ordinance, seafarers may be forcibly conveyed on board ship to perform their duties, and certain breaches of discipline by seafarers are punishable with imprisonment involving an obligation to perform labour. Having also noted the Government’s repeated indications that maritime legislation was in the process of being revised, the Committee expressed the hope that the new legislation on merchant shipping would be in conformity with the Convention, and that it would contain no provisions prescribing the forcible conveyance of seamen on board, and that no sentences of imprisonment involving an obligation to perform labour for breaches of discipline could be imposed.

The Committee notes the Government’s indication in its report that the implementing regulations under Maritime Act No. 15 of 1994 are still under elaboration by the Ministry of Transport and Maritime Affairs. It previously noted that section 119 of the Act empowers the captain to take disciplinary measures in accordance with the special laws regulating them and requested copies of such special laws. The Committee reiterates its hope that the disciplinary provisions of the Merchant Shipping Ordinance referred to above will be formally repealed and a copy of the repealing text will be communicated to the ILO, as well as copies of implementing regulations made under Maritime Act No. 15 of 1994 and special laws governing disciplinary measures adopted under section 119 of the Act.

2. Article 1(a). The Committee previously noted that, according to section 104 of Act No. 25 of 1990 on the press and printings, violation of restrictions provided for in section 103 may be punished by imprisonment which involves an obligation to work, by virtue of Chapter 4 of Act No. 48 of 1991 on the organization of prisons. This is incompatible with the protection afforded by Article 1(a) of the Convention to the expression of political views or views ideologically opposed to the established political, social or economic system, in so far as section 103 of Act No. 25 of 1990 prohibits, inter alia, printing, publishing and disseminating views opposing the goals and principles of the Yemeni revolution or prejudicial to the Yemeni or Islamic civilization, as well as information containing direct criticism of the Head of State. Moreover, certain other prohibitions in section 103 are worded in so general terms that information is required on their interpretation by the courts in order to evaluate their compatibility with the protection afforded by the Convention, e.g. where section 103 prohibits printing, publishing and disseminating views prejudicial to the national unity or to the public morality, personal dignity and individual liberties, or "deliberately false" information with a view to influencing the economic situation and provoking disorder in the country.

The Government indicates in its report that it has taken note of the Committee’s comments and will discuss them with the competent bodies with a view to introduce the necessary amendments in order to bring the abovementioned provisions into conformity with the Convention. The Committee trusts that the necessary measures will at last be taken to this end. Pending the adoption of such measures, the Committee repeats its request for information on the application in practice of all of the abovementioned provisions of Act No. 25 on the press and printing, including the number of convictions and copies of any court decisions defining and illustrating their scope.

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The Committee notes the information provided by the Government in reply to its earlier comments.

1.  Article 1(c) and (d) of the Convention.  The Committee previously noted that under sections 96, 98-100 and 101(b), (c) and (e) of the Merchant Shipping Ordinance seafarers may be forcibly conveyed on board ship to perform their duties, and certain breaches of discipline by seafarers are punishable with imprisonment involving an obligation to perform labour. Having also noted the Government’s repeated indications that maritime legislation was in the process of being revised, the Committee expressed the hope that the new legislation on merchant shipping would be in conformity with the Convention, and that it would contain no provisions prescribing the forcible conveyance of seamen on board, and that no sentences of imprisonment involving an obligation to perform labour for breaches of discipline could be imposed.

The Committee notes that the new Maritime Act was promulgated by virtue of Presidential Decree No. 15 of 1994. Section 119 of the Act empowers the captain to take disciplinary measures in accordance with the special laws regulating them. The Committee requests the Government to supply copies of such special laws referred to in section 119 of the Maritime Act, so that the Committee might ascertain their conformity with the Convention. It also asks the Government to state in its next report whether the disciplinary provisions of the Merchant Shipping Ordinance referred to above have been formally repealed and, in the affirmative, to supply a copy of the repealing text.

2.  Article 1(d).  In its earlier comments, the Committee noted the provisions of section 156(3) of the Labour Code (Act No. 5 of 1995) imposing sanctions on workers who cause a strike to be called or undertaken in disregard of the conditions and rules provided for in the Code. It also noted that under section 153 of the Labour Code the provisions of Chapter XIV (Penalties) apply without prejudice to any stronger penalty provided for in another law. The Committee asked the Government to indicate the penalties provided for in other laws for violation of provisions governing legitimate strikes (Chapter XII, Part II, sections 144-159 of the Labour Code) and, in particular, for violation of provisions dealing with essential services or occupations in which strikes are prohibited (section 150).

The Committee takes note of the Government’s explanations in the report that section 153 of the Labour Code is meant to refer to penalties for crimes that are unrelated to strikes, and which are imposed on persons for other reasons under legislation other than the Labour Code. It also notes the Government’s statement that there are no other laws that prescribe penalties for violation of provisions governing legitimate strikes.

3.  Article 1(a).  The Committee previously noted that, according to section 104 of Act No. 25 of 1990 on the press and printing, violation of restrictions on printing, publishing and disseminating certain kinds of information provided for in section 103 may be punished by imprisonment which involves an obligation to work, by virtue of Chapter 4 of Act No. 48 of 1991 on the organization of prisons. Section 103 prohibits, inter alia, printing, publishing and disseminating views opposing the goals and principles of the Yemeni revolution or prejudicial to the national unity or to the Yemeni or Islamic civilization or to the public morality, personal dignity and individual liberties. The same section also prohibits publishing and disseminating deliberately false information with a view to influencing the economic situation and provoking disorder in the country, as well as information containing direct criticism of the Head of State.

The Government states in its report that a prison sentence under section 104 may be imposed only if a person who has violated the Act cannot pay a fine, and that the labour provisions shall not be applicable to a prisoner. The Committee recalls in this connection that sections 12 and 13, Chapter 4, of Act No. 48 of 1991 on the organization of prisons provide for the obligation of prisoners to work and, even if a sanction of imprisonment involving an obligation to work is applicable as an alternative sanction, it is still not in conformity with the Convention, which contains an absolute prohibition to impose sanctions involving any form of forced or compulsory labour on persons who have expressed certain political views or views ideologically opposed to the established political, social or economic system (as distinct from persons having used violence or incited to violence). The Committee reiterates its hope that the necessary measures will be taken to ensure that persons covered by the Convention cannot be subject to sanctions involving an obligation to work. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application in practice of the abovementioned provisions of Act No. 25 on the press and printing, including the number of convictions and copies of any court decisions defining and illustrating their scope.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(c) and (d) of the Convention. 1. In its earlier comments the Committee noted that under sections 96, 98 to 100 and 101(b), (c) and (e) of the Merchant Shipping Ordinance seafarers may be forcibly conveyed on board ship to perform their duties, and certain breaches of discipline by seafarers are punishable with imprisonment involving an obligation to perform labour. The Committee previously noted from the Government's report that maritime legislation was in the process of being revised. It requests the Government to supply a copy of the revised legislation as soon as it is adopted.

2. The Committee has noted the provisions of section 156(3) of the Labour Code (Act No. 5 of 1995) imposing sanctions on workers who cause a strike to be called or undertaken in disregard of the conditions and rules provided for in the Code. It has also noted that under section 153 of the Labour Code the provisions of Chapter XIV (Penalties) apply without prejudice to any stronger penalty provided for in another law. The Committee asks the Government to indicate, in its next report, what penalties are provided for in other laws for violation of provisions governing legitimate strikes (Chapter XII, Part II, sections 144 to 159, of the Labour Code), and in particular, for violation of provisions dealing with essential services or occupations in which strikes are prohibited (section 150).

Article 1(a). 3. The Committee has noted that, according to section 104 of Act No. 25 of 1990 on the press and printings, violation of restrictions in printing, publishing and disseminating of certain kinds of information provided for in section 103 may be punished by imprisonment which involves an obligation to work, by virtue of Chapter 4 of Act No. 48 of 1991 on the organization of prisons. Section 103 prohibits, inter alia, printing, publishing and disseminating views opposing the goals and principles of the Yemeni revolution or prejudicial to the national unity or to the Yemeni or Islamic civilization or to the public morality, personal dignity and individual liberties; and publishing and disseminating deliberately false information with a view to influencing the economic situation and provoking disorder in the country, as well as information containing direct criticism of the Head of State. It hopes that the necessary measures will be taken to ensure that these provisions do not lead to sanctions involving the obligation to work in contravention of the Convention.

Please provide information on the application in practice of the above-mentioned provisions, including the number of convictions and copies of any court decisions defining and illustrating their scope.

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Article 1(c) and (d) of the Convention. 1. In its earlier comments the Committee noted that under sections 96, 98 to 100 and 101(b), (c) and (e) of the Merchant Shipping Ordinance seafarers may be forcibly conveyed on board ship to perform their duties, and certain breaches of discipline by seafarers are punishable with imprisonment involving an obligation to perform labour. The Committee previously noted from the Government's report that maritime legislation was in the process of being revised. It requests the Government to supply a copy of the revised legislation as soon as it is adopted.

2. The Committee has noted the provisions of section 156(3) of the Labour Code (Act No. 5 of 1995) imposing sanctions on workers who cause a strike to be called or undertaken in disregard of the conditions and rules provided for in the Code. It has also noted that under section 153 of the Labour Code the provisions of Chapter XIV (Penalties) apply without prejudice to any stronger penalty provided for in another law. The Committee asks the Government to indicate, in its next report, what penalties are provided for in other laws for violation of provisions governing legitimate strikes (Chapter XII, Part II, sections 144 to 159, of the Labour Code), and in particular, for violation of provisions dealing with essential services or occupations in which strikes are prohibited (section 150).

Article 1(a). 3. The Committee has noted that, according to section 104 of Act No. 25 of 1990 on the press and printings, violation of restrictions in printing, publishing and disseminating of certain kinds of information provided for in section 103 may be punished by imprisonment which involves an obligation to work, by virtue of Chapter 4 of Act No. 48 of 1991 on the organization of prisons. Section 103 prohibits, inter alia, printing, publishing and disseminating views opposing the goals and principles of the Yemeni revolution or prejudicial to the national unity or to the Yemeni or Islamic civilization or to the public morality, personal dignity and individual liberties; and publishing and disseminating deliberately false information with a view to influencing the economic situation and provoking disorder in the country, as well as information containing direct criticism of the Head of State. It hopes that the necessary measures will be taken to ensure that these provisions do not lead to sanctions involving the obligation to work in contravention of the Convention.

Please provide information on the application in practice of the above-mentioned provisions, including the number of convictions and copies of any court decisions defining and illustrating their scope.

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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.