Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee referred to sections 24, 77 and 82 of Decree No. 69-189 of 14 May 1969 (issued under sections 680 and 683 of the Code of Criminal Procedure) under which prison labour may be hired out to private persons. In response to the Government's reference to the system of "semi-freedom", this Committee noted that this system is governed by sections 25, 83 and 87 of Decree No. 69-189 and allows prisoners to work for private enterprises under the terms of employment contracts which have been freely concluded by them with their employer and under the normal conditions of work as regards, for example, occupational accidents. This is not the case of prisoners governed by sections 24, 77 and 82 of the Decree. The Committee noted that the Convention, in Article 2, paragraph 2(c), expressly prohibits persons, from whom work is exacted as a consequence of a conviction in a court of law, from being placed at the disposal of private individuals, companies or associations. Only work performed under the conditions of a free employment relationship can be held to be compatible with this prohibition; this necessarily requires the formal consent of the person concerned and, in the light of the circumstances in which this consent is given, guarantees and safeguards in respect to wages and social security which make it possible to consider that it is a real free employment relationship. The Committee noted from the information in the Government's report received in 1993 that the Minister of Justice plans to submit to the Council of Ministers draft amendments to the provisions of the above-mentioned Decree respecting prison labour which will bring them into closer conformity with the Convention. It hopes that the Government will provide information on the provisions adopted to bring the legislation into conformity with the Convention.

END OF REPETITION

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