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

The Committee has for some years been referring to section 873 of the Administrative Code, under which chiefs of police, as administrative authorities, can impose the penalties listed in section 878, including labour on public works and detention, which are provided for in sections 882 and 884 respectively of the Code.

With regard to detention, section 887 of the Administrative Code provides that those sentenced to detention and living on public funds shall be required to work on public works as many hours per day as the chief of police considers reasonable, subject to a maximum of eight, to compensate the treasury for the value of the rations furnished, and that in this case each day of labour on public works shall count as two days as detention. The Committee has also referred to sections 1708 to 1720 of the Administrative Code, relating to police court proceedings.

The Committee has also referred to Act No. 112 of 1974, sections 1 to 3 of which empower the administrative authorities to impose sentences of detention for certain offences listed in section 2 of this Act.

In 1984 the Committee took note of Bill No. 25, furnished by the Government, which was intended to introduce the necessary provisions to give effect to the Convention. In 1987, it noted that this Bill had not been approved by the authorities and that the Ministry of Labour and Social Welfare was therefore considering the possibility of preparing another Bill, taking into consideration the observations of the Committee of Experts.The Committee notes from the information provided by the Government in its last report, that the above Bill has not yet been drafted but that the possibility of such a draft is still under consideration.

The Committee again points out, as it does in paragraphs 94 to 96 of its General Survey of 1979 on the abolition of forced labour, that "compulsory labour imposed by administrative or other non-judicial bodies or authorities is not compatible with the Convention". Furthermore, the possibility of appeal to a higher authority is not enough to ensure the observance of the Convention on this point.

Since this matter has been the subject of comments for more than ten years, the Committee hopes that the legislation will be brought into conformity with the Convention as rapidly as possible.