Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(1) and Article 2(1) and (2) of the Convention. Compulsory public works or services. The Committee previously noted that section 4 of the Labour Act of 1994 exempts from the prohibition of forced labour any work performed in accordance with a resolution adopted by local authorities, organizations or associations of which the workers concerned are members, where such work constitutes an obligation on all citizens in the common interest of the nation. The Committee has noted the Government’s indications in its report that citizens are required to perform the cleaning of schools, buildings, streets or national parks, plant trees or build dams against flooding on the occasions of the National Day, Labour Day, Arbor Day and other commemorate days. The Committee requests the Government to indicate, in its next report, whether any regulation has been adopted on the matter by the labour administration under section 62 of the Act, or any resolution by any other competent authority, organization or association, and to provide copies of any such resolution or regulation. Please indicate whether the refusal to perform such works or services is punishable with any penalties and provide information on the relevant provisions and their application in practice.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted that, under section 60 of the Labour Act of 1994, contraventions of the Act are punishable in accordance with the law. The Government indicates in its report that a contravention of the prohibition of forced labour, as defined in section 4 of the Act, is punishable under the Penal Law. The Committee requests the Government to indicate penal provisions applicable in case of the illegal exaction of forced or compulsory labour and to provide information on any legal proceedings which might have been instituted as a consequence of the application of such penal provisions.

Supply of legislation. The Committee again requests the Government to supply a copy of the legislation governing the public service.