Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. 1. Work exacted for national development purposes. For several years the Committee has been requesting the Government to repeal Act No. 76-011 of 21 May 1976 concerning national development efforts and its Implementing Order No. 00748/BCE/AGRI/76 of 11 June 1976 concerning the performance of civic tasks in the context of the national food production programme. These legal texts, which aim to increase productivity in all sectors of national life, are contrary to the Convention inasmuch as they require, on pain of penal sanctions, every able-bodied adult person who is not already considered to be making his contribution by reason of his employment to carry out agricultural and other development work as decided by the Government. The legal texts also deem certain persons to be making their contribution, namely political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils. The Committee notes that, in its latest report, the Government reiterates its previous declarations to the effect that these texts have lapsed and therefore, in effect, have been repealed. The Committee stresses the importance of formally repealing texts which are contrary to the Convention, out of a concern for legal finality. It again expresses the hope that the Government will soon be in a position to communicate information on the measures taken to repeal or amend the abovementioned texts so as to ensure their conformity with the Convention in fact as well as in law.

2. Work exacted as a means of levying taxes. In its previous comments the Committee drew the Government’s attention to sections 18 to 21 of Legislative Ordinance No. 71/087 of 14 September 1971 on minimum personal contributions, which provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions. The Committee notes that, contrary to the information provided in its previous reports, according to which draft amendments to the provisions in question were under consideration, the Government, in its latest report, indicates that these provisions have lapsed and have therefore been effectively repealed. Recalling that this matter has been the subject of its comments for many years, the Committee again expresses the firm hope that the Government will shortly adopt the necessary measures to ensure the conformity of the legislation with the Convention.

Article 2, paragraph 2(c). Work exacted from detainees in preventive detention. For many years the Committee has been drawing the Government’s attention to Ordinance No. 15/APAJ of 20 January 1938 concerning the prison system in indigenous districts, which allows work to be exacted from detainees who have not been convicted. The Government stated that, under section 64.3 of the Ordinance of 1965 governing prison labour, detainees who have not been convicted are not subject to the obligation to work. The Committee notes that in its latest report, the Government again indicates that Ordinance No. 15/APAJ has lapsed and therefore has, in effect, been repealed. It again expresses the hope that the next time the legislation in this field is revised, the Government will adopt the necessary measures to repeal formally Ordinance No. 15/APAJ, so as to avoid any legal ambiguity.

Article 25. Penal sanctions. In its previous comments, the Committee stressed the need to include a provision in national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention. It noted that, under section 323 of the Labour Code adopted in 2002, any infringement of section 2.3, which prohibits the use of forced or compulsory labour, shall be punished by a maximum of six months’ penal servitude plus a fine or by only one of these penalties, without prejudice to criminal legislation laying down more severe penalties. In this regard, the Committee expressed the hope that the Government would indicate the penal provisions which prohibit and sanction recourse to forced labour. Since the Government has not replied to its previous observation on this matter, the Committee would be grateful if it would provide the requested information in its next report. Furthermore, it once again requests the Government to send an updated copy of the Penal Code and of the Code of Criminal Procedure.

The Committee is raising other points in a request addressed directly to the Government.

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