Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 1(c) of the Convention. 1. In its earlier comments, the Committee noted that under sections 413 and 414 of the Penal Code of the Netherlands Antilles certain breaches of labour discipline by seafarers are punishable by imprisonment involving compulsory labour, which is contrary to this Article of the Convention. The Committee referred to paragraph 117 of its 1979 General Survey on the abolition of forced labour, where it pointed out that only sanctions relating to acts tending to endanger the ship or the life or health of persons on board are not covered by the Convention.

The Committee notes the Government’s indication in the report that the abovementioned sections of the Penal Code have not yet been amended. It expresses the firm hope that appropriate measures will be taken in the near future in order to introduce the necessary amendments to bring the legislation into conformity with the Convention on this point. It asks the Government to provide, in its next report, information on the action taken to this end.

2. The Committee previously noted that, under section 83 of the Organic Act respecting the public service (SPG 1989, No. GT 37), public servants who are negligent in the exercise of their duty are liable to disciplinary sanctions which include the obligation to perform up to six hours’ extra service without pay or for less than the normal wage. The Government indicates in its report that this provision of the Act remains unchanged and that the Government is still in the process of evaluating the steps it wishes to take. Referring to point 1 of its direct request addressed to the Government under Convention No. 29, the Committee again expresses the hope that the Government will be able to provide, in its next report, information on any action taken.