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

1. In its previous comments, the Committee referred to Ordinance No. 2 of 27 May 1961 on the organization and recruitment of the armed forces, and Decree No. 9 of 6 January 1962 on the recruitment of the army, which permit the assignment of conscripts to work of general interest.

The Committee also noted the Government's statement that the above-mentioned texts were repealed by Ordinance No. 19/PR/MD/AC of 1972 which was in turn repealed by Ordinance No. 006 PR/92 of 28 April 1992, issuing the general conditions of service of military personnel and of which a copy was supplied.

Given that the matter previously raised related to the assignment of conscripts to work which was not purely of a military character -- which is contrary to the provisions of the Convention -- and that Ordinance No. 006 PR/92 of 1992 issuing the general conditions of service of military personnel contains no provisions relating to military service, the Committee requests the Government to supply copies of the texts governing military service with its next report.

2. Since 1962, the Committee is referring to section 2 of Act No. 14 of 13 November 1959 which provides that persons who have been sentenced for any crime or offence can be used for work of public interest during a period the duration of which will be determined by an order of the Prime Minister but which must not exceed one-third of the length of the restriction as to residence.

The Committee noted that under this provision, penitentiary labour can be imposed by the administrative authorities and requested the Government to repeal the provision in question so that, in accordance with the Convention, penitentiary labour may be imposed only by decision of a court of law.

The Committee notes the Government's information in its latest report to the effect that the Ministry of the Public Service, Labour, Promotion of Employment and Modernization is currently consulting with the Ministry of Finances and the Ministry of the Interior on the question of repealing or amending section 2 of Act No. 14 of 13 November 1959. The Committee trusts that the Government will repeal or amend the provision in question in the near future and will inform of any progress made in this matter.

3. For more than 20 years, the Committee has been referring in its comments to the provisions of section 982 of the General Code of Direct Taxes which empowers the authorities to exact labour for the recovery of taxes and has asked the Government to amend this provision to bring it into conformity with the Convention.

In its latest report, the Government mentions the current dialogue between the Ministries of Labour, Justice and the Interior on repealing section 982 of the General Code of Direct Taxes. The Committee notes this information and trusts that the Government will repeal this provision in the near future.

The Committee is addressing a direct request to the Government on other matters.