Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee has noted the Government's reports received on 18 November 1994 and 23 October 1995.

Article 1(a) and (d) of the Convention. In its previous observations, the Committee noted that a state of emergency had been proclaimed in 1989 which extended the previous state of emergency, that the provisional Constitution of 1985 had been suspended and that persons convicted of offences against the regulations to give effect to the state of emergency of 1989 were subject, inter alia, to imprisonment. In 1994, the Committee noted that political parties remained prohibited and that a new Constitution was reported to be under examination, but had not yet been enacted.

The Committee also noted previously that Constitutional Decree No. 2 of 1989 imposed a prohibition on any strike, save by special permission and that under the Industrial Relations Act of 1976, participation in strikes is punishable with imprisonment whenever the Ministry of Labour has decided to submit a dispute to compulsory arbitration; under section 17 of the Act, the Minister, may, whenever he deems it necessary, refer the dispute to an arbitration tribunal whose award is final and without appeal.

Noting that under Chapter IX of the Prison Regulations 1948 (section 94) prison labour is compulsory for all convicted prisoners, the Committee had expressed the hope that the Government would take the necessary measures to ensure that penalties involving compulsory labour could not be imposed as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, or as a punishment for having participated in strikes.

In its 1994 observation, the Committee had noted the Government's statement in its report received in 1993 that the Prison Regulations of 1976 abolished forced labour and that sentences involving imprisonment did not include forced or compulsory labour. The Committee accordingly requested the Government to supply a copy of the Prison Regulations currently in force. In its reply, received 18 November 1994, the Government indicated that the present Prison Regulations would be sent as soon as received from the Prison Department; in addition, a new draft of the Prison Regulations had been prepared and submitted to the competent authorities for adoption and a copy of these Regulations was to be sent as soon as adopted. The Committee notes that neither the 1976 version of the Regulations nor a revised one has been supplied so far, and that the Government makes no mention of them in its latest report.

In the circumstances, the Committee is unable to ascertain that national legislation is compatible with Article 1(a) and (d) of the Convention. It again expresses the hope that the Government will supply the text of the Prison Regulations referred to earlier, as well as copies of the statutory instruments governing associations, political parties and the security of the State.

Article 1(b). In its previous comments, the Committee noted the triennial Economic Salvation Programme 1990 93. Referring to the recommendation of the National Congress of Economic Salvation that compulsory national service should be afforded moral and material support in order to direct human powers into building the national economy, the Committee noted the Government's statement in its report received in 1993 that the competent services had started to take practical measures to implement the recommendation by calling up the persons to whom the requirements of compulsory service apply; the Committee requested the Government to supply details of the measures adopted with a view to giving effect to the above recommendation.

In the absence of any reference to this matter in the Government's reports received in 1994 and 1995, the Committee once again requests the Government to supply full information on the call-up of "persons to whom the requirements of compulsory service apply", including the text of any applicable statutory or administrative provisions, so as to enable the Committee to ascertain that compulsory service is not being used as a means of mobilizing and using labour for purposes of economic development.

Article 1(e). With regard to the Government's obligation to suppress and not to make use of any form of forced or compulsory labour as a means of racial, social, national or religious discrimination, the Committee refers to its observation under the Forced Labour Convention, 1930 (No. 29).