Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its previous observations, the Committee noted that the provisions of Act No. 73-4 of 9 July 1973 to set up the National Civic Service for Participation in Development are contrary to the Convention since they provide that work in the general interest throughout the public and private sectors can be imposed on citizens aged between 16 and 55 years for a period of 24 months subject to penalties of between two and three years' imprisonment in cases of refusal. The Government indicated that it was planned to amend the above Act and that in practice enrolment in the Service is fully voluntary.

The Committee notes the information supplied by the Government in its report that no new measures have been adopted, but that studies are under way with a view to reconciling national law and practice with the Convention. In view of the fact that this question has been the subject of its comments for many years, the Committee trusts that the necessary measures will soon be taken to amend the Act and that the Government will in the very near future be in a position to transmit the new texts adopted in this respect.

2. In its previous comments, the Committee also drew the Government's attention to the need to adopt legislative measures or to issue regulations in order to restrict, in accordance with Article 2, paragraph 2(e), of the Convention, the scope of communal work that may be exacted under section 2, paragraph 5(e), of the Labour Code. Furthermore, it expressed the hope that legislation respecting prisons would be brought into conformity with Article 2, paragraph 2(c), which prohibits prison labour being placed at the disposal of private individuals, companies or assocations. On this point too, the Government states that no new measure has been taken but that studies are under way to reconcile law and practice with the Convention. The Committee hopes that the Government will soon be able to report that concrete progress has been made in the light of the more detailed explanations that are given in a request that is being addressed directly to it.