Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report. It also notes the comments made by the New Zealand Council of Trade Unions (NZCTU) appended to the report, as well as the Government's reply to these comments.

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. The NZCTU reported deep concern about recent and proposed changes to the legislation relating to the introduction of a community wage scheme provided for in the Social Security Amendment Act (No. 5), 1998 and the Social Security (Work Test) Amendment Bill. According to the NZCTU, the effect of this legislation is that, from October 1998, people who receive unemployment benefit, sickness benefit or domestic purposes benefit through the New Zealand's system of social security are required to undertake "organized activities" as a condition of their entitlement to receive benefits; "organized activities" include forced labour accompanied by sanctions and penalties if beneficiaries refuse to work. The Government states in its reply that the NZCTU's comments relate to policies that were not implemented during the reporting period (i.e. the period ending 31 May 1998). The Government denies that the new legislation will violate the Convention; it does not address the details of the NZCTU's allegations but indicates its intention to provide a more detailed response to the concerns raised by the NZCTU in the next reporting period. The Committee requests the Government to supply a copy of the Social Security Amendment Act (No. 5), 1998, as well as the Social Security (Work Test) Amendment Act, as soon as it is adopted, and in the meantime draws the attention of the Government to paragraph 45 of the 1979 General Survey on the abolition of forced labour.

Article 2, paragraph 2(c). The Committee notes the information supplied by the Government on the work to which detainees may be directed under section 60(2) of the Criminal Justice Act, as amended in 1997. In order to enable the Committee to ascertain compliance with the provisions of Article 2, paragraph 2(c), the Government is requested to supply with its next report representative samples of Work Project Agreements concluded with sponsors under section 60(2)(a) and (b) of the Criminal Justice Act, as well as information on the legal and organizational status of work party supervisors in relation to the Department of Corrections and the various sponsors.

[The Government is asked to report in detail in 1999.]