Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following points:

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. 1. Since 1966, the Committee has been pointing out to the Government that Ordinance No. 66/004 of 8 January 1966, respecting the suppression of idleness (as amended by Ordinance No. 72/083 of 18 October 1972) is contrary to the provisions of the Convention. The Committee also drew the Government’s attention to the non-conformity with the Convention of section 11 of Ordinance No. 66/038 of June 1996 respecting the supervision of the active population, and sections 2 and 6 of Ordinance No. 75/005 of 5 January 1975, making the performance of commercial, agricultural and pastoral activities compulsory.

2. The Committee noted the Government’s indications that the abovementioned texts have fallen into abeyance and that measures were to be taken to bring the law and practice into conformity with international labour Conventions. With particular reference to Ordinance No. 66/004 of 8 January 1966, the Government has been stating for 30 years that repealing legislation has been drafted.

3. The Committee notes that the Government’s report, while indicating that article 8 of the new Constitution of 14 January 1995 abolished forced labour in all its forms, does not contain any other information on the measures adopted to bring the above-mentioned texts into conformity with the Convention. The Committee expresses firmly the hope that in the light of the new Constitution, the Government will take the necessary measures in the very near future to give effect to the Convention.

Article 2, paragraph 2(a), of the Convention. 4. In its previous observations, the Committee noted that section 28 of Act No. 60/109 of 27 June 1960 respecting the development of the rural economy, which provides for minimum surfaces for cultivation to be established for each rural community, is contrary to the requirements of the Convention. The Committee has also noted the Government’s previous indication that the practice of compulsory cultivation no longer existed and that vigorous efforts were being made instead to provide guidance to encourage cultivation. In this light, and in view of the new Constitution, the Committee hopes there will be repeal or amendment of the legislation to bring it into conformity with the Convention.

5. The Committee also noted the Government’s statement that new draft texts would be introduced to reinforce the national legislation on forced labour. It hopes that the new legislation will take into consideration the comments that it has been making on this subject for many years and that the Government will transmit copies of the texts adopted.

6. The Committee had reminded the Government that it may call upon the technical assistance of the International Labour Office to help it resolve difficulties encountered in bringing its legislation into conformity with the ILO’s Conventions on forced labour.

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