Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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.