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

1. Work imposed for national development purposes. For many years the Committee has been drawing the Government’s attention to the need to amend or repeal Act No. 73-4 of 9 July 1973 instituting national service for participation in development, which allows the imposition of work in the general interest on citizens aged between 16 and 55 years for 24 months with penalties of imprisonment for refusal. In this regard the Government indicated previously that a preliminary draft Act instituting national civic service to replace national civic service for participation in development had been transmitted to the senior levels of the Government. The compulsory and punitive clauses of Act No. 73-4 were removed and participation in national civic service was to become voluntary, the purpose of this service being to socio-economically rehabilitate young people who have been prematurely excluded from the education system or to direct them towards vocational training structures. The Committee notes that the Government no longer refers to this draft Act in its last report. It again indicates that the office responsible for national service has been dissolved, which makes the existence of any forced labour unlikely. While noting this information, the Committee again emphasizes the need to repeal formally Act No. 73-4 of 9 July 1973 instituting national service for participation in development, which is contrary to the Convention, in order to guarantee legal certainty.

2. Article 2, paragraph 2(c), of the Convention. Transfer of prison labour to private associations. In its last comments the Committee noted that Decree No. 73-774 of 11 December 1973 concerning the prison system had been repealed and replaced by Decree No. 92-052 of 27 March 1992. It noted with regret that sections 51 to 56 of the new Decree still permitted the transfer of prison labour to private enterprises and individuals, without the formal consent of the persons concerned being required. The Committee has been reiterating for many years that in order to be deemed compatible with the requirements of Article 2, paragraph 2(c), of the Convention, work done by convicted prisoners for private enterprises or individuals must be subject to the formal consent of the persons concerned and must be accompanied by guarantees covering the essential elements of a free labour relationship.

The Committee notes Order No. 213/A/MINAT/DAPEN of 28 July 1988, a copy of which was sent by the Government. This Order establishes a number of conditions of use and the rates of transfer of prison labour.

The Committee also notes that Order No. 213/A/MINAT/DAPEN was adopted following the implementation of Decree No. 73/774 of 1973, which has since been repealed and replaced by Decree No. 92-052 of 1992 concerning the prison system. The Government further states in its last report that a text concerning the prison system is in the process of finalization. The Committee would therefore be grateful if the Government would indicate whether Order No. 213/A/MINAT/DAPEN remains in force, or whether other regulatory texts have been adopted by the Minister for Prison Administration, in accordance with sections 51 to 56 of Decree No. 92-052 of 1992 concerning the prison system or pursuant to any other newly adopted decree. If applicable, please send a copy of the latter. The Committee hopes that the Government will use the adoption of a new text in this field as an opportunity for ensuring that the legislation is in conformity with the provisions of Article 2, paragraph 2(c), of the Convention, for example by explicitly providing in the legislation that prisoners must express their formal consent to any work or service done for private individuals, companies or associations. The Committee requests the Government to provide information on all progress made in this regard.