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

The Committee notes the information provided by the Government in its report.

1. In comments made for several years, the Committee has noted that under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and may be required to render service; that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or to leave such settlement without consent. The Committee has observed that this legislation provides for the exaction of forced or compulsory labour within the meaning of Article 2, paragraph 1, of the Convention. In this connection the Committee observed that it would seem most appropriate to limit the scope of the Decree to the persons defined in its section 3A(1) inserted by Decree No. 5 of 1977 which corresponds to a normal definition of vagrancy, as well as to reconsider the procedure so as to prescribe that any decision to send a person to compulsory work in a farm settlement in the circumstances defined in section 3A(1) of the Decree be taken by a court of law. The Committee also observed that so far as persons may also be admitted on their own voluntary application to live on a farm settlement under section 3 of the Decree, they should be free to leave such settlement by means of a unilateral decision, subject only to giving notice of reasonable length.

The Committee had noted the Government's indication that the Community Farm Settlement Decree No. 8/1975 as amended by Decree No. 5/1977 while remaining in the statute book was not operational; the institutions envisaged to implement the Decree had not been set up nor had the Farm Settlement Board, provided for in the Decree, been established. In addition, farm settlement committees at the provincial level could not be established, the regionalization policy on the basis of provinces having ceased operating in 1979, nor could subcommittees be established by non-existent provincial committees.

Given the situation in practice such as described by the Government, the Committee expressed the hope that the Government would find no difficulty in repealing the Community Farm Settlement Decree so as to bring legislation into conformity with the Convention and practice.

The Committee notes the Government's indication in its latest report, that the Community Farm Settlement Decree, 1975, is being considered in the revision of the laws, that provisions on prohibition of forced labour have been included in the Draft Employment Act and that the ongoing exercise of reviewing the National Constitution re-emphasizes protection from forced labour, as one of the fundamental rights and freedoms of the individual.

The Committee notes these indications with interest. It requests the Government to provide information on measures adopted to bring legislation into conformity with the Convention on this point as well as a copy of any provisions adopted to this end. It would appreciate that the Government provide also a copy of the Employment Act and the new Constitution when adopted.

2. The Committee hopes that the Government will provide in its next report information on the following point raised previously:

The Committee noted that under section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit any officer to resign his commission at any stage during his service. The Committee requested the Government to supply particulars on the criteria applied by the Board in accepting or rejecting a resignation.

The Committee previously also noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of a person enrolled below the apparent age of 18 years with the consent of his parents, or his guardian or of the District Commissioner, might extend over a period of 12 years beyond the date upon which he attains the age of 18 years.

The Committee noted that the National Resistance Council (Parliament) had finalized amendments to the Armed Forces Act and the National Resistance Army and was in the process of finalizing documents on terms and conditions of service and establishment of men and officers of the armed forces.

Referring to paragraphs 67 and 73 of its 1979 General Survey on the Abolition of Forced Labour, the Committee hopes that the provisions to be adopted will permit persons enlisted as minors to request their discharge after the attainment of the age of 18 years or within a reasonable period of time thereafter in order to preserve their right to free choice of employment. It requests the Government to provide information on action taken in this regard.