Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

The Committee notes the information supplied by the Government in its report. It notes the Constitution of 1991 and the various legal texts provided by the Government.

It notes the Government's indication that, according to article 130 of the Constitution, the laws in force in each of the two parts of Yemen are to remain applicable in the part concerned until amended.

1. The Committee notes that, in reply to its previous comments, the Government states that the Constitution (article 21) prohibits recourse to forced labour unless it is provided for in a law for the performance of a public service, in which case it shall be duly remunerated, and that Act No. 48 of 1991 on the organization of prisons prohibits all recourse to forced labour. Section 15 of the above Act specifies that labour shall not be exacted from persons in preventive detention. The Committee asks the Government to specify the nature of the work which may be exacted from persons sentenced and to provide the text of any regulations issued under the above-mentioned Act.

2. In its previous comments, the Committee asked the Government to provide any legal texts allowing labour to be mobilized in the event of force majeure. The Committee notes that the Government refers to the Act of 1990 on the general reserve. The Committee asks the Government to provide the legal texts which allow labour to be mobilized in the event of the various emergencies referred to in Article 2, paragraph 2(d), of the Convention. The Committee notes the Government's indication that no law has been promulgated concerning minor community tasks. It asks the Government to provide any text that might be adopted in this respect.

3. The Committee notes that Act No. 19 of 1991 on the public service repeals and replaces Act No. 1 of 1988. The Committee notes the provisions referred to by the Government which regulate resignation from the public service. It notes that the competent authority shall rule on applications to resign, under section 120(c), by accepting or refusing such applications. It asks the Government to state the criteria applied in the event of refusal. It also requests the Government to provide a copy of the above Act.

4. Further to its previous direct request, the Committee asks the Government to provide copies of the laws and regulations governing employees in public and semi-public establishments, and particularly the conditions and rules applying to the resignation of this category of personnel.

5. The Committee notes that Act No. 15 of 1979, on which it has commented, has been repealed and replaced by Act No. 22 of 1990 on the national defence service.

6. The Committee notes that, in reply to its previous direct request on the conditions for the hiring and resignation of volunteer members of the armed forces, the Government indicates that the Bill on military service in the armed forces is still being debated by Parliament and has not yet been enacted. The Committee asks the Government to provide the text in question as soon as it has been adopted.

7. In its previous comments, the Committee raised a number of questions concerning resignation. In this connection, the Government refers the Committee to its reply concerning the resignation of public servants (see point 4 above). The Committee noted from the Government's indications, however, that the resignation of workers would be covered by the implementing regulations of the Labour Code. The Committee asks the Government to provide information on these regulations and to provide a copy of them if they are adopted.

8. The Committee noted that there are no penal provisions comparable to section 129 of Act No. 22 of 1963 under which individuals are subject to penal sanctions for the illegal exaction of forced labour, as required by Article 25 of the Convention. The Committee notes the Government's indication that no measures have yet been taken in this respect and that any fresh information will be communicated.