Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - Vanuatu (Ratification: 2006)

Other comments on C029

Direct Request

2017
2016
2014
2013
2012

Replies received to the issues raised in a direct request which do not give rise to further comments

2018

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With respect to its previous request regarding trafficking in persons, the Committee notes the Government’s indication that no cases of trafficking or slavery have been brought to the attention of competent authorities thus far, and therefore no legal proceedings have been initiated under section 102 of the Penal Code. The Committee also notes the information provided by the Government with regard to the absence of a military force in the country. With reference to the sanction of community work, the Committee notes the Government’s indication that such work is performed solely for the benefit of the community and not for private institutions.

Article 2(2)(b) of the Convention. Civic obligations. The Committee previously noted that section 7(2)(b) of the Employment Act (1983) excludes from the definition of forced labour any work or service which forms part of the national civic obligations of citizens. The Committee noted, however, that the Act does not provide further clarification with regard to the kind of work or services which might be exacted as normal civic obligations. In order to ascertain that normal civic obligations do not include work undertaken for public purposes, such as public works of general importance or compulsory national development service, the Committee once again requests the Government to indicate the nature of work or services which constitute normal civic obligations of citizens, providing copies of the relevant legislative texts.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that the exaction of forced labour is punishable as an offence under the Employment Act (1983). It noted, however, that the 1983 Act should be repealed by the Employment Relations Bill (2006, pending adoption), which does not appear to contain penalties for the imposition of forced labour. In this regard, the Committee notes the Government’s indication in its report on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), that the Tripartite Labour Advisory Council is in the process of adopting the Employment Relations Bill (2012), which addresses the Committee’s concerns. According to the Government, section 7 of the Bill prohibits forced labour, which is defined in section 4. Pursuant to section 236 of the Bill, the exaction of forced labour is punishable with a fine, or a sanction of imprisonment not exceeding five years, or both. The Committee therefore encourages the Government to pursue its efforts towards the adoption of the new Employment Relations Bill with a view to ensuring that forced labour is punishable with adequate penal sanctions, in accordance with Article 25 of the Convention. It requests the Government to provide, with its next report, information on the progress made in this regard.