Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the information provided by the Government in reply to its earlier comments.

1.  Article 1(c) and (d) of the Convention.  The Committee previously noted that under sections 96, 98-100 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. Having also noted the Government’s repeated indications that maritime legislation was in the process of being revised, the Committee expressed the hope that the new legislation on merchant shipping would be in conformity with the Convention, and that it would contain no provisions prescribing the forcible conveyance of seamen on board, and that no sentences of imprisonment involving an obligation to perform labour for breaches of discipline could be imposed.

The Committee notes that the new Maritime Act was promulgated by virtue of Presidential Decree No. 15 of 1994. Section 119 of the Act empowers the captain to take disciplinary measures in accordance with the special laws regulating them. The Committee requests the Government to supply copies of such special laws referred to in section 119 of the Maritime Act, so that the Committee might ascertain their conformity with the Convention. It also asks the Government to state in its next report whether the disciplinary provisions of the Merchant Shipping Ordinance referred to above have been formally repealed and, in the affirmative, to supply a copy of the repealing text.

2.  Article 1(d).  In its earlier comments, the Committee 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 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 asked the Government to indicate the penalties provided for in other laws for violation of provisions governing legitimate strikes (Chapter XII, Part II, sections 144-159 of the Labour Code) and, in particular, for violation of provisions dealing with essential services or occupations in which strikes are prohibited (section 150).

The Committee takes note of the Government’s explanations in the report that section 153 of the Labour Code is meant to refer to penalties for crimes that are unrelated to strikes, and which are imposed on persons for other reasons under legislation other than the Labour Code. It also notes the Government’s statement that there are no other laws that prescribe penalties for violation of provisions governing legitimate strikes.

3.  Article 1(a).  The Committee previously noted that, according to section 104 of Act No. 25 of 1990 on the press and printing, violation of restrictions on printing, publishing and disseminating 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. The same section also prohibits 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.

The Government states in its report that a prison sentence under section 104 may be imposed only if a person who has violated the Act cannot pay a fine, and that the labour provisions shall not be applicable to a prisoner. The Committee recalls in this connection that sections 12 and 13, Chapter 4, of Act No. 48 of 1991 on the organization of prisons provide for the obligation of prisoners to work and, even if a sanction of imprisonment involving an obligation to work is applicable as an alternative sanction, it is still not in conformity with the Convention, which contains an absolute prohibition to impose sanctions involving any form of forced or compulsory labour on persons who have expressed certain political views or views ideologically opposed to the established political, social or economic system (as distinct from persons having used violence or incited to violence). The Committee reiterates its hope that the necessary measures will be taken to ensure that persons covered by the Convention cannot be subject to sanctions involving an obligation to work. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application in practice of the abovementioned provisions of Act No. 25 on the press and printing, including the number of convictions and copies of any court decisions defining and illustrating their scope.