Solicitud directa (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - Emiratos Árabes Unidos (Ratificación : 1997)

Otros comentarios sobre C105

Observación

Solicitud directa

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Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that under the Federal Act on Merchant Shipping (No. 26 of 1981), penalties of imprisonment (involving compulsory prison labour) may be imposed on seafarers for various breaches of labour discipline, such as violations of service-related orders, neglecting to serve on vessels or to mount guard, being absent from a vessel without authorization, or any other act that may disrupt order or the service on board (section 200(a)(c)(g) and (j)), refusal to comply with an order concerning work on board the vessel, repeated acts of disobedience (section 204(d) and (e)), or the performance of any acts mentioned in section 204 by more than three persons in agreement (section 205).

The Committee notes the Government’s indication in its report that the Federal Transport Authority – Land and Maritime is currently developing a new draft Act to regulate maritime labour in the country so as to keep pace with the country’s position and obligations in the global maritime community in light of its membership of the Council of the International Maritime Organization (IMO). The new draft Act has introduced a set of provisions and amended others, including the section limiting the scope of application of clauses (d) and (e) of section 204 and section 205 to circumstances in which the ship or the life or health of persons are endangered. The Committee trusts that the Government will take the necessary measures within the framework of the draft Act regulating maritime labour to bring the above-mentioned provisions into conformity with the Convention, either by repealing sanctions involving compulsory labour or by restricting their application to circumstances in which the ship or the life or health of persons are endangered.

Article 1(d). Sanctions involving compulsory labour for participation in strikes. In its earlier comments, the Committee referred to section 231(1) of the Penal Code, which provides for sanctions of imprisonment (involving an obligation to work) in cases in which at least three public officials abandon their jobs or voluntarily abstain from performing any obligations related thereto, acting in agreement among themselves or pursuing an illegal objective.

The Committee notes the Government’s reiterated indication that the penalty of imprisonment applies only if the strike is likely to endanger the life, health or safety of people or is likely to cause disturbance or dissension among people or if it harms the public interest. The Government also adds that the Committee of Experts’ comments have been forwarded to the relevant legislative authorities and the Committee kept informed accordingly of any developments in this regard. The Committee hopes that the Government will take the necessary measures to ensure that section 231(1) of the Penal Code is reviewed or abrogated, so that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in strikes. The Committee also requests the Government to provide further information on the application of section 231(1) of the Penal Code in practice, including copies of any court decisions defining or illustrating its scope.