Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 2, paragraph 2(c), of the Convention. The Committee has been referring for 20 years to section 39 of Act No. 210 of 1970 respecting the prison system, which is contrary to this provision of the Convention since it states that "work shall be compulsory for detainees", and section 10 of the Act, which defines as detainees not only convicted persons but also those subjected to security measures in a prison establishment.

Since 1977, the Government has been referring to a Bill to amend section 39 of Act No. 210 and in its last report states that the Bill has still not been adopted.

The Committee once again recalls that the Convention lays down that work can only be exacted from prisoners as a consequence of a conviction in a court of law; persons who are in detention and are awaiting trial or persons detained without trial may work at their own request, on a purely voluntary basis (paragraph 90 of the General Survey on the Abolition of Forced Labour).

The Committee hopes that the Government will take the necessary measures without delay to ensure that the Convention is respected on this point, on which it has been commenting for many years.

[The Government is asked to report in detail for the period ending 30 June 1994.]