Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Abolition of Forced Labour Convention, 1957 (No. 105) - Yemen (Ratification: 1969)

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee referred to section 103 of Act No. 25, 1990 on the press and printings, which prohibits, inter alia, printing, publishing and disseminating views opposing the goals and principles of the Yemeni revolution or prejudicial to the Yemeni or Islamic civilization, as well as information containing direct criticism of the Head of State. Under section 104 of the same Act, violation of restrictions provided for in section 103 are punishable with imprisonment (involving an obligation to work, by virtue of Chapter 4 of Act No. 48, 1991 on the organization of prisons). The Committee also noted that certain other prohibitions laid down in section 103 (e.g. prohibition of printing, publishing and disseminating views prejudicial to the national unity, or “deliberately false” information with a view to influencing the economic situation and provoking disorder in the country) are worded in so general terms that their compatibility with the Convention should be examined.

The Committee notes the Government’s indication in the report that the President of the Republic has instructed the Ministry of Information to revise Act No. 25, 1990, so as to repeal penalties of imprisonment for journalist activities. The Government also indicates that the Yemeni Journalists Union has submitted a draft law on the press and printing, which takes into account the provisions of the Convention; the draft is being discussed by the journalists, information specialists, the Government’s party and the opposition.

The Committee trusts that the legislation concerning the press and printing will soon be brought into conformity with the Convention and requests the Government to indicate, in its next report, the progress made in this regard. Pending the revision, the Committee requests the Government to continue to provide information on the application in practice of all of the abovementioned provisions of Act No. 25 on the press and printing, including copies of any court decisions defining and illustrating their scope.

Article 1(c) and (d). Disciplinary measures applicable to seafarers. The Committee previously noted that section 119 of the Maritime Act (No. 15, 1994) empowers the captain to take disciplinary measures in accordance with the special laws regulating them and requested copies of such special laws. It also noted the Government’s indication that the implementing regulations under the Act were under elaboration by the Ministry of Transport and Maritime Affairs. The Government indicates in its latest report that no such regulations have been adopted. The Committee reiterates its hope that the Government will supply a copy of implementing regulations under the Maritime Act, as soon as they are adopted, including any special provisions governing disciplinary measures for seafarers adopted under section 119 of the Act.

In its earlier comments, the Committee requested the Government to indicate whether the disciplinary provisions of the Merchant Shipping Ordinance (Cap. 95), on which the Committee has been commenting for many years (sections 96, 98–100 and 101(b), (c) and (e) which provided that seafarers may be forcibly conveyed on board ship to perform their duties, and that certain breaches of discipline by seafarers are punishable with imprisonment involving an obligation to perform labour) have been formally repealed and, if so, to supply a copy of the repealing text. The Committee notes that the Government refers in this connection to section 428 of the Maritime Act (No. 15, 1994), which has repealed certain provisions concerning maritime issues (Act No. 13, 1976 issued in Sanaa and Act No. 10, 1988 issued in Aden). Noting also the Government’s statement that the repeal of Acts No. 13, 1976 and No. 10, 1988, confirms the repeal of the abovementioned sections of the Merchant Shipping Ordinance (Cap. 98), the Committee would appreciate it if the Government would provide clarifications about the relevance of the repealed Acts to the indicated sections of the Ordinance, e.g. by supplying copies of the relevant provisions of the repealed Acts.