Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 1(c) and (d) of the Convention. Sanctions involving compulsory labour for breaches of labour discipline and participation in strikes. For many years the Committee has been referring to sections 157 and 158 of the Shipping Act, 1987, section 8(1) of the Trade Disputes and Protection of Property Ordinance and section 69(1)(d) and (2) of the Industrial Relations Act, Cap. 88.01, under which penalties of imprisonment - involving compulsory labour under the Prisons Rules - may be imposed for various breaches of labour discipline and participation in strikes in circumstances where the life, personal safety or health of persons are not endangered. On several occasions the Government reported that efforts were under way to amend the provisions mentioned above and that no sanctions had been imposed under these provisions in practice.

In its latest report, the Government indicates that no changes have been made to the above provisions and that the relevant ministries under whose authority the acts are administered have not indicated any immediate intention of making amendments to this legislation. The Committee also notes the Government’s view expressed in the report that the work is performed by inmates in accordance with instructions as deemed by the courts, such work being referred to as "hard labour" for which inmates receive a small stipend and must not be construed as "forced" or "compulsory" labour.

While taking due note of these indication and views, the Committee draws the Government’s attention to the explanations given in paragraphs 102-109 of its 1979 General Survey on the abolition of forced labour, where it pointed out that: "in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of the Abolition of Forced Labour Convention. On the other hand, if a person is in any way forced to work because he holds or has expressed particular political views, has committed a breach of labour discipline or has participated in a strike, the situation is covered by the Convention". The Committee therefore considered that compulsory labour in any form, including compulsory prison labour, is covered by the Convention in so far as it is exacted in the five cases specified by that Convention.

The Committee trusts that, since the legislative amendments required have been under consideration for many years, the necessary measures will at last be taken in order to bring the abovementioned provisions into conformity with the Convention, and that the Government will soon be in a position to indicate the progress achieved in this regard.