Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee has noted the information provided by the Government in its reports received in 2005 and 2007.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons for the purpose of exploitation. Referring to its 2000 general observation on the subject, the Committee requests the Government to provide, in its next report, information on measures taken or envisaged, both in the legislation and in practice, in order to prevent, suppress and punish trafficking in persons for the purpose of exploitation. Please provide information on any legal proceedings which have been instituted under sections 260 and 261 of the Penal Code, indicating the penalties imposed on perpetrators.

Article 2(2). Exceptions from the prohibition of forced or compulsory labour. In its earlier comments, the Committee referred to section 12 of the Basic Statute of the State, enacted by Sultan’s Decree No. 101/96 of 6 November 1996, which prohibits to impose upon a person the performance of forced labour, of whatever type, with the exception of work authorized by the law, for public purposes and in return for remuneration. The Committee considered that the very general wording of section 12 provides for the possibility of adopting a law which could allow the exaction of forced labour for public purposes. It recalled that under Article 2(2) of the Convention, only certain forms of compulsory work or service, as enumerated exhaustively, are exempted from the prohibition by the Convention, any other form of forced labour being consequently prohibited.

The Committee previously noted the Government’s explanation that section 12 allows promulgation of laws on exceptional grounds and for the sake of public interest, in such areas as military service or emergency cases. It has noted the Government’s renewed statement in its 2005 report that no law authorizing the exaction of compulsory labour has been enacted, and that no State body may issue legislation that is contrary to the requirements of the ratified international instruments which constitute part of the laws of the country. While noting these indications, the Committee hopes that, on the occasion of the possible future revision of the Basic Statute, consideration will be given to a possibility to amend section 12, so as to clearly and exhaustively define the forms of compulsory work or service which could be exceptionally exacted from the population, in order to ensure conformity with the requirements of the Convention. Pending the revision, the Committee requests the Government to keep the ILO informed on any enactment made under the above section, supplying copies of the relevant texts.

Article 2(c). Prison labour. The Committee has noted the provisions of Sultan’s Decree No. 48 of 26 July 1998 promulgating the Prisons Act. It has noted that section 15 of the Prisons Act provides for the obligation of prisoners to work inside or outside prison premises. The Committee requests the Government to indicate, in its next report, whether prisoners may perform labour for private individuals, companies or associations, and if so, under what conditions.