Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. In its previous comments, the Committee noted that, under section 2 of the Labour Code, civic legal obligations that are of public interest are not considered to be forced or compulsory labour. The Government indicated previously, in response to a request from the Committee for information on the nature of civic legal obligations, that these obligations consist of community development work, such as the rehabilitation of economic and social infrastructure. The Committee once again requests the Government to provide copies of the relevant legislative or regulatory texts so that it can assess whether work carried on in the framework of these obligations corresponds to the exceptions provided for under the Conventions on forced labour.

2. For many years, the Committee has been drawing the Government’s attention to the need to amend the following provisions of the national legislation:

-  section 28 of Decree No. 100/003 of 3 January 1990: the obligation for the recipients of a fellowship to undertake to serve the Government for a period of ten years;

-  section 43 of Presidential Decree No. 1/106 of 25 October 1967 and section 44 of Presidential Decree No. 1/111 of 10 November 1967: the power of the Minister of Defence to reject the resignation of officers or non-commissioned officers in the armed forces when it is deemed incompatible with the interests of the service.

In its previous comments, the Committee noted the Government’s statement that, due to the crisis experienced by the country, it was difficult to amend the provisions of the above legislation. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken or contemplated, on the one hand, to set out in law the right of persons in the service of the State to leave their employment at their own initiative within a reasonable period, or with prior notice, and, on the other hand, to allow persons who have received a fellowship or training at the expense of the State to leave their employment within a reasonable period which is proportional to the duration of the training received, or following reimbursement of the costs incurred by the State.

3. Article 25 of the Convention. Application of effective penal sanctions. Under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence. Any Member ratifying the Convention is bound to ensure that the sanctions imposed by law are really effective and strictly enforced. In this regard, the Committee notes that violations of section 2 of the Labour Code, which prohibits forced or compulsory labour, is only punishable by a fine of between 2,500 and 5,000 francs. The Committee once again asks the Government to provide a copy of the new Penal Code and the new Code of Penal Procedure. It would also be grateful if the Government would provide a copy of the legislation prescribing the penalties for the trafficking of women and the exploitation of prostitution - which, according to a document of the Committee on the Elimination of Discrimination Against Women, was to be adopted in January 2001 (CEDAW/C/2001/I/Add.1) - and, where appropriate, information on legal proceedings to prosecute those responsible of such exploitation and the penalties imposed.