Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Abolition of Forced Labour Convention, 1957 (No. 105) - United States of America (Ratification: 1991)

Other comments on C105

Observation

Direct Request

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Article 1(d) of the Convention. Sanctions involving compulsory labour for participation in strikes. In its previous comments, the Committee noted that, pursuant to article 12, section 95-98.1, of the North Carolina General Statutes, strikes by public employees are declared illegal and against the public policy of the state. Under section 95-99, any violation of the provisions of article 12 is declared to be a Class 1 misdemeanour. Under section 15A-1340.23, read together with section 15A-1340.11 of Chapter 15A (Criminal Procedure Act), a person convicted of a Class 1 misdemeanour may be sentenced to “community punishment” and, upon a second conviction, to “active punishment”, that is, imprisonment. In this regard, the Committee noted the information in the Compendium of Community Corrections Programs in North Carolina (published by the North Carolina Sentencing and Policy Advisory Commission) indicating that the imposition of community punishment may include assignment to the state’s Community Service Work Program, which requires the offender to work for free for public or non-profit agencies in an area that will benefit the greater community. The Committee also noted that article 3 (Labor of Prisoners), section 148-26, of Chapter 148 (State Prison System) states that it is the public policy of the state of North Carolina that all able-bodied prison inmates shall be required to perform diligently all work assignments provided for them. In response, the Government indicated that the Committee’s observations had been forwarded to the authorities in North Carolina.

The Committee notes that the Government once again indicates that state court records do not reveal a single instance in which an individual has been convicted for engaging in an illegal public sector strike. The Government states that, even if an individual were to be convicted, under North Carolina law a judge would have the discretion whether or not to order the convicted individual to perform work. The Government indicates that it communicated in writing, in September 2011, to the authorities in North Carolina regarding the Committee’s comments, and that it requested these authorities to provide information on any steps taken by the state government relating to these comments. The Government indicates that it will keep the Committee informed of any developments in this regard.

Observing that it has been raising this issue for a decade, the Committee must once again recall that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour as a punishment for having participated in strikes. The Committee refers in this connection to the explanations contained in paragraph 315 of its 2012 General Survey on the fundamental Conventions concerning rights at work, in which it has considered that, regardless of the legality of the strike action, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that in both legislation and practice, no sanctions involving compulsory labour should be imposed for the mere fact of organizing or peacefully participating in strikes. The Committee therefore urges the Government to take the necessary measures to bring the North Carolina General Statutes into conformity with both the Convention and the indicated practice, in ensuring the repeal or amendment of sections 95-98.1 and 95-99, so as to ensure that penalties of compulsory labour (through the Community Service Work Program or during imprisonment) cannot be imposed for participation in a strike. The Committee hopes that in its next report the Government will be in a position to provide information on the progress achieved in this regard.

The Committee is raising other points in a request addressed directly to the Government.