Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's reference in its report to proposed legislation which is to apply the provisions of the Convention and which includes the Labour Law and Decree of the People's Redemption Council of the Armed Forces implementing Convention No. 29 concerning forced or compulsory labour. In the absence of further information on measures taken to ensure the observance of the Convention, the Committee hopes that action will soon be taken on the following points:

1. Penal sanctions for illegal exaction of forced labour. The Committee notes the Government's statement that the draft revised Labour Code has passed the House of Representatives of the national legislature and that the draft provides for penal sanctions in case of illegal exaction of forced or compulsory labour. Referring to its previous comments the Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence with penalties which should be really adequate and strictly enforced. The Committee trusts that the necessary legislation will be enacted at an early date and that it will provide for adequate sanctions.

2. Local public works. In previous observations, the Committee noted that, notwithstanding the repeal in 1962 of provisions for the exaction of forced labour for public works contained in the Revised Laws and Administrative Regulations for Governing the Hinterland, 1949, continued use had been made of such powers for carrying out local development works through self-help projects. The Committee noted that according to the annual report of the Ministry of Local Government, Rural Development and Urban Reconstruction for 1981, 75 per cent of rural development projects visited during a nation-wide inspection tour were funded through self-help and it requested the Government to provide a copy of the report on the inspection tour and any similar report.

The Committee notes that no such report has been forwarded. The Committee again requests the Government to provide a copy of the report on the inspection tour and of any other relevant report, including the aforementioned report on self-help projects, as well as information on measures taken to eliminate the exaction of labour in connection with public works.

The Committee hopes that the legislative provisions to be adopted with a view to giving effect to the requirements of Article 25 of the Convention will ensure that any exaction of labour in connection with local development works can be the subject of effective penalties.

3. Enforcement of the prohibition of forced or compulsory labour. In previous observations, the Committee pointed out that, under Articles 24 and 25 of the Convention, the Government was under an obligation to ensure the strict observance of the prohibition of forced or compulsory labour. It stressed the importance, in this connection, of measures to ensure adequate labour inspection, particularly in non-concessionary agricultural undertakings and in relation to Chiefs. The Committee noted that, according to the last available annual report of the Ministry of Labour (for 1983), inspection visits were made exclusively to industrial undertakings and commercial establishments and it emphasised the importance for the observance of the Convention of adequate inspection arrangements in the agricultural sector. The Committee notes the Government's statement in the Conference Committee that Labour Inspectorates exist in all the counties and that labour inspections are carried out in the entire agricultural sector periodically. It also notes that by Act of 20 October 1986 Labour Courts have been established in all the counties.

The Committee requests the Government to provide a copy of the reports on the labour inspections carried out in the agricultural sector and on any measures taken or envisaged to ensure that those inspections are adequate and effective. [The Government is asked to report in detail for the period ending 30 June 1990.]