Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

1. The Committee has previously requested information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act, 1971, regarding compulsory national service and its practical application. The Government reaffirms in its report that no such statutory instruments have been issued since enactment. The Committee previously noted the Government's statement that, as from 1982, there had been no compulsion to serve in the national service or to enlist for service by compulsion. It also noted the Government's intention to review the Act, in view of the Government's perception of there being no external threat to the well-being of the country. The Government in its report reaffirms that threats to its country have been removed. The Committee therefore reiterates its request for information on measures taken by the Government in order to repeal or amend the abovementioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. In its earlier comments the Committee noted that pursuant to the Local Government Act (No. 22 of 1991) (Second Schedule) schemes for the encouragement of and participation in community development may be prepared and administered by a council. The Government repeats its previous indications that such schemes, from which communities may derive direct benefit, are adopted in agreement with the communities concerned, and that these schemes are usually of a minor nature, such as keeping their general surroundings clean in order to prevent epidemics. It also states that, as the schemes are done with the cooperation and participation of the communities concerned, there are no legal texts establishing them. While noting these indications, the Committee requests the Government to provide more detailed information on such schemes adopted, including copies of any relevant documents which relate to or describe the schemes.

3. With reference to its general observation on the Convention in its report in 1999, the Committee requests the Government to provide information as to the present position in law and practice as regards the following points:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.