Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Abolition of Forced Labour Convention, 1957 (No. 105) - Aruba

Other comments on C105

Direct Request

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Article 1(c) of the Convention. Disciplinary measures applicable to public servants. For a number of years, the Committee has been drawing the Government’s attention to section 83 of the Organic Act respecting the public service (SPG 1989, No. GT 37), under which 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 Committee expressed the firm hope that the Government would take the necessary measures to bring section 83 of the Organic Act respecting the public service into conformity with Article 1(c) of the Convention under which no compulsory labour may be imposed as a means of labour discipline.

The Committee notes the Government’s information in its report that while section 83 of the Organic Act respecting the public service has neither been repealed nor amended, it has been declared a dead letter and has no weight for execution. The Government further stresses that the provisions under section 83 have not been applied to any person and would under no circumstances be a legitimate disciplinary action to be exercised by the Government against any public servant. The Committee once again requests the Government to take the necessary measures to formally repeal section 83 of the Organic Act respecting the public service so as to bring the legislation into conformity with Article 1(c) of the Convention and with the practice indicated, and thereby ensure legal certainty.