Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 1(c) of the Convention. 1. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to sections 413 and 414 of the Penal Code of Aruba, under which certain breaches of labour discipline by seafarers are punishable by imprisonment (involving compulsory prison labour), which is contrary to this Article of the Convention. The Committee notes from the explanatory memorandum supplied by the Government with its report that the proposed amendments to the Penal Code restrict the provisions of sections 413 and 414 to situations where the safety of passengers, the vessel or the cargo are endangered.

However, the Committee recalls, also referring to the explanations in paragraphs 179–181 of its General Survey of 2007 on the eradication of forced labour, that only acts which endanger the ship or the life or health of persons are excluded from the scope of the Convention. The Committee observes that a situation where “the cargo is endangered” does not seem to satisfy these criteria. It also points out that endangering cargo or other assets may be punishable by sanctions involving compulsory labour only in cases of wilful acts (which would amount to criminal offences), and not where they are caused by negligence. On the other hand, it seems clear that offences connected with endangering cargo or other assets may be punishable by other kinds of sanctions (e.g. not involving compulsory labour), which are outside the scope of the Convention.

The Committee therefore hopes that the necessary measures will be taken in order to restrict these provisions of the Penal Code to situations where the safety of the ship or the life or health of persons are endangered, and that the proposed amendments will be modified accordingly to bring the legislation into conformity with the Convention.

2. Disciplinary measures applicable to public servants. In its earlier comments, the Committee referred 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 Government indicates in its report that no steps have been taken yet to bring the above provision into conformity with the Convention and that it undertakes to keep the ILO informed of any action taken to this end. Noting also the Government’s repeated indication that section 83 has not been applied in practice, the Committee expresses the firm hope that the necessary measures will be taken with a view to bringing the legislation into conformity with the Convention and the practice indicated, and that the Government will soon be in a position to provide information on the progress made in this regard.