Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the discussion which took place in the Conference Committee in 1990. It notes that no report was since received from the Government. The Committee must therefore repeat its previous observation on the following points:

1. In its comments, the Committee has been referring for many years to the Government's statement that draft ordinances have been drawn up with a view to repealing Ordinance No. 66/004 of 8 January 1966 respecting the suppression of idleness (as amended by Ordinance No. 72/083 of 18 October 1972), section 11 of Ordinance No. 66/038 of 3 June 1966 respecting the supervision of the active population, and sections 2 and 6 of Ordinance No. 75/005 of 5 January 1975 making the performance of commercial, agricultural and pastoral activities compulsory. The Government indicated previously that, by reason of the economic and social effect of these texts, they were to be submitted to an expanded committee bringing together all the social partners with a view to assessing more accurately the effects of repealing them at the social and economic level. It also stated that the texts of the ordinances adopted under the former regime have fallen into abeyance and are no longer applicable, although this does not mean that it is not necessary to repeal them formally. The Committee noted the Government's repeated statements that it was aware of the need to bring its legislation and practice into conformity with the provisions of ratified international Conventions, and that draft legislation to this end had been submitted to the Assembly. The Committee expressed the hope that the Government would shortly be able to report that the necessary modifications had been adopted to ensure compliance with the Convention in this respect. 2. In its previous observations, the Committee also referred to section 28 of Act No. 60/109, respecting the development of the rural economy, which provides that minimum surfaces for cultivation shall be fixed for each rural community. The Committee noted the Government's indications that these provisions were intended to supply a technical framework and basic services to farmers in order to increase their production, improve their standard of living, encourage them to expand the areas under cultivation and increase efforts in agricultural activities, since the freedom to work must not mean the freedom to do nothing. The Committee pointed out that the Convention authorises recourse to compulsory cultivation only for preventing famine or a food deficit, and always under the condition that the food or produce shall remain the property of the producers. It also pointed out that any work or service exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily is incompatible with the Convention. The Committee expressed the hope that on this point, too, the Government would be able to indicate shortly that the necessary amendments had been adopted to ensure compliance with the Convention.

The Committees notes the Government's indication to the Conference Committee that measures have been taken by the Department of Labour to encourage the competent authorities to accelerate the adoption of these texts.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.