Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its report for the period ending 30 June 1989, which reached the ILO in May 1990.

1. In its previous comments, the Committee referred to Ordinance No. 83-127 of 5 June 1983 to reorganise public and private property and noted, in particular, that by virtue of section 6, legitimately acquired collective rights devolve on all persons who have either participated in the initial improvements, or contributed to the upkeep and use of the property. The Committee asked the Government to provide information on the practical application of the provisions of the Ordinance, particularly section 6, and to provide the text of implementing Decree No. 84-009 of 19 January 1984.

The Committee notes the Government's indications in its report to the effect that the application of Ordinance No. 83-127 poses no problems and, in practical terms, amounts to placing lands along the river at the disposal of the citizens. The Committee asks the Government to provide detailed information, including statistics, on the status of the citizens who have been allotted such lands and to indicate, in particular, whether there are any former slaves among them. The Committee also notes the Government's statement that the text of implementing Decree No. 84-009 will be communicated shortly, and hopes that it will be able to examine this text in the near future.

The Committee again asks the Government to provide information on any measures adopted to step up action to abolish slavery.

2. The Committee noted from the Government's reply to the United Nations Human Rights Commission (document E/CN.4/Sub.2/1987/27 of the Subcommission on the Prevention of Discrimination and the Protection of Minorities), that the Government has established several structures intended to integrate former slaves into the various sectors of social and economic life. The Committee noted, in particular, the "Food for Work" (FFW) programme which, according to the paper, is already in action in several regions of the country and under which, in 1987, depots were opened in the capital for the benefit of approximately 10,000 persons, and asked the Government to provide detailed information on this structure.

The Committee notes the information supplied by the Government in its report to the effect that the purpose of this operation is to encourage citizens to work. The agency responsible for recruitment is the CSA and the persons concerned are remunerated in the form of a daily quantity of products of primary necessity; there are tens of thousands of beneficiaries.

The Committee asks the Government to provide a copy of the texts establishing and regulating the structure of the FFW.

3. In its previous direct request, the Committee referred to the provisions of Decree No. 80-286 of 31 October 1980 governing the application of Ordinance No. 80-174 of 22 July 1980 on the organisation and conditions of service of the National Guard, and it requested the Government to indicate the criteria directing the choice of the administrative authorities in the acceptance or rejection of resignation requests and on the appeal procedures available against decisions to reject resignation requests, and to provide a copy of the conditions of service applicable to military personnel in the army and of the provisions incorporating the National Guard into the army. The Committee notes the indications in the Government's report to the effect that these texts will be transmitted shortly, and hopes that the Government will provide the texts and the information requested in the near future.

4. The Committee previously noted the provisions of Decree No. 70-152 of 23 May 1970 respecting the organisation, administration and supervision of prison establishments, and of Decree No. 70-153 of the same date issuing the internal rules of prison establishments, of which the Government supplied copies in May 1986. The Government indicated that it plans to amend these texts in view of the fact that Decree No. 70-153 provides in Chapter II, section 2, for the possibility of hiring out prison labour to private individuals, which is contrary to the provisions of Article 2, paragraph 2(c), of the Convention.

The Committee notes the information contained in the Government's report to the effect that, in practice, prison labour has never been hired out or made available to private individuals, and that the Government plans to take legislative measures to ensure that all prison labour is carried out under the supervision and control of a public authority, in accordance with Article 2 of the Convention.

The Committee refers once again to paragraphs 97 and 98 of its General Survey of 1979 on Forced Labour, and hopes that the Government will shortly report the provisions that have been adopted.