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

The Committee has been referring for several years 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 of detention. The Committee has also referred to sections 1708 to 1720 of the Administrative Code relating to police court proceedings.

With regard to section 878 of the Administrative Code, the Committee notes that, according to the Government's report, the Ministry of Labour and Social Welfare has prepared a preliminary draft of a Bill to repeal section 878(1) and sections 882 and 887 of the Administrative Code and to amend sections 892 and 1715 of the same Code. The Committee also notes that its comments also refer to section 878(3).

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.

The Committee notes from the Government's report that the above Act is still in force. The Committee asks the Government to take the necessary measures to ensure that, in accordance with the Convention, compulsory labour cannot be imposed by administrative authorities or other non-judicial bodies.

Since the above matters have been the subject of its comments for many years, the Committee hopes that the draft Bill will be adopted as rapidly as possible and that the Government will provide a copy of it as soon as it has been adopted.

The Committee asks the Government to indicate whether other provisions of the Administrative Code empower non-judicial bodies to impose penalties involving compulsory labour.