Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

A Government representative stated that the observations made by the Committee concerning the provisions of Act No. 73-4 of 9 July 1973 to set up the National Civic Service for Participation in Development had been given the greatest atttention by her Government and were taken into account in the draft Bill to amend this Act. This draft brought the legislation into conformity with practice. Indeed, section 2 of the 1973 Act providing for penal sanctions for recalcitrant subjects had been purely and simply deleted from the draft, since in fact the recruitment in the civic service was on a voluntary basis. This draft Bill had already been submitted to the competent authorities when the National Civic Service for Participation in Development had been dissolved by Decree No. 90-843 of 4 May 1990. The Government representative indicated that she would submit a copy of this Decree to the ILO upon return to her country.

As concerned legislative and regulatory measures that the Government had to take, in conformity with Article 2, paragraph 2(e) of the Convention, to limit the scope of communal work to be exacted under section 2, paragraph 5(e) of the Labour Code, the Government representative recalled that this provision of the Labour Code exempted communal work for general interest from the prohibition of forced labour. The nature of this communal work was defined in detail by municipal decrees. There were minor communal services, such as clearing of land for certain ceremonies in the community, while it was understood that the large projects were generally assigned to specialised enterprises in return for remuneration and that the other work necessary for the functioning of the community was done by communal agents for which they were paid. As a result, the light work decided by the municipal administrators, the goal of which was essentially to improve the life of the inhabitants, was in itself excluded from the scope of application of forced labour by virtue of Article 2, paragraph 2(e) of this Convention. The villagers did this work voluntarily without feeling forced; the proof of which was that as of the present there had been no complaint registered in this regard. The Government representative indicated that upon her return she would try to submit copies of these municipal decrees determining work for the general interest which had been requested by the Committee for several years.

Finally, as concerned prison labour, the Government representative also promised to send the Office information on the measures taken at the level of the Ministry of Territorial Administration, which had been the subject of comments by the Committee of Experts, to prohibit prison labour which was placed at the disposition of private individuals, companies or associations, without their consent, salary and other guarantees.

The Employers' members thanked the Government representative for the very complete information on three points. As regards the first they emphasised that the situation should be examined by the Committee of Experts on the basis of the draft Bill mentioned by the Government representative and that it would be necessary to wait for the results of this examination. They nevertheless hoped that the Government representative would indicate if the new Bill would be adopted in the near future. As for communal work, the information communicated by the Government representative gave the impression that it was no longer necessary to change the provisions of the legislation because of a new interpretation, whereas previously it seemed that the Government was going to study the situation so as to introduce the necessary amendments. If this was true, the Government should be asked to describe, in its next report on the Convention, more precisely its arguments. They emphasised in this regard the need to define clearly the difference which had existed before between the permitted kinds of communal work and those which had to be prohibited because they were forced labour. Finally, as concerns, prison labour, it seemed that the Government representative had not agreed to any concrete commitments and the question remained as to whether an amendment was necessary remained.

While supporting the statement made by the Employers' members, the Workers' members insisted on the fact that, if progress was envisaged concerning the question of the National Civic Service, it was important to make the draft bill resolving the problem available for examination as soon as possible. Furthermore, to the extent that communal work seemed, according to the information communicated by the Government representative, to be limited to light work of short duration, it should not be a great problem to take the necessary measures, even legislative. As concerns prison labour, they asked if improvements would be made in the near future.

The Government representative recalled that, as concerned the National Civic Service for Participation in Development, the comments of the Committee of Experts had been taken into account and that the Government had prepared a draft Bill in order to align the legislation with the practice, given that the recruitment in this service was on a voluntary basis. In the meantime, however, the Civic Service had been dissolved by decree, which meant that it no longer existed and that, therefore, the law itself was outdated. Furthermore, she reitarated her commitment to communicate the texts of the municipal decrees defining where necessary communal work to be carried out by the population, so that the Committee of Experts could determine if this work was defined in a manner so as to be in conformity with the provisions of the Convention. Finally, she recalled the commitment that she made to provide information on the measures taken by the competent Ministery to respond to the requirements of the Convention as concerns prison labour.

The Employers' members emphasised the need to have available the texts mentioned by the Government representative which should be examined firstly by the Committee of Experts. While noting the Government representative's statement that the National Civic Service for participation in development no longer existed, they considered that it would be preferable that the appropriate legislation be adopted. Here, also, the conclusions of the Committee of Experts would be needed.

The Committee took note of the explanations given by the Government and the commitment made to inform the competent bodies of the ILO in the very near future. It hoped that it would be clear from that information that there were no further discrepancies between either the legislation or practice and the Convention.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 2(2)(b) and (e) of the Convention. Work in the general interest forming part of civic obligations. In its previous comments, the Committee noted that, under section 2(5)(b) of the Labour Code of 1992, the term “forced or compulsory labour” does not include “any work or service in the general interest forming part of the civic obligations of citizens, as defined by laws and regulations”. It noted the information provided by the Government that work or services of general interest could be defined in the context of the Bill instituting national civic service. It noted the subsequent adoption of Act No. 2007/003 of 13 July 2007 instituting a National Service for Participation in Development. It observed that this latter service includes a compulsory period and a voluntary period. The compulsory period, of a duration of 60 days, concerns young persons between 17 and 21 years of age and covers: civic training and physical, sporting and cultural education; the consolidation of schooling; training on first aid and civil protection; and awareness raising on the protection of the environment. The voluntary period, consisting of a period of six months which may be renewed, includes the performance of work in the general interest. The Committee also noted that the arrangements and conditions for the participation and supervision of conscripts and volunteers for this service shall be determined by decree of the President of the Republic. The Committee once again asks the Government to provide information on the effect given in practice to this Act, including on the selection of participants for this service, particularly with regard to the voluntary period, and on the organization and the nature of the activities undertaken during the period of compulsory training. It once again requests the Government to provide a copy of the regulations issued under the Act.

The Committee once again requests the Government to provide a copy of any other text referring to the obligation of citizens to perform work in the general interest, including work performed in the interest of the village community or the village chief.

Freedom of members of the armed services to leave the service of the State. In its previous direct request, the Committee noted the Government’s indication that to its knowledge no cases involving requests to resign by members of the armed services have been brought to the attention of the competent authorities. As, under sections 53 and 55 of Act No. 80/12 of 14 July 1980 issuing the general conditions of service of members of the armed forces, career members of the armed forces serving as officers who are recruited by competition sign a contract without limit of time and their resignation may be accepted only on exceptional grounds, the Committee requests the Government to continue providing information on any applications to resign by career members of the armed forces brought to the attention of the competent authorities, and in cases of refusal, the reasons given, if any.

Trafficking in persons. In its previous direct request, the Committee expressed the hope that the Government would provide information on the measures adopted to prevent and combat trafficking in persons, and particularly trafficking of women from Cameroon for purposes of sexual exploitation. It requested the Government to provide information on the punishment of persons engaging in trafficking in persons, the prosecutions initiated against them, the manner in which the victims of trafficking are encouraged to turn to the authorities and the protection provided for them, as well as the difficulties encountered by the public authorities in preventing and combating trafficking in persons. The Committee notes the concluding observations of the Committee on the Elimination of Discrimination against Women (document CEDAW/C/CMR/CO/3 of 10 February 2009, 43rd Session). In its observations, CEDAW expresses concern at “the increase in the State party of trafficking and exploitation of women for commercial ends. It also regrets that most of the initiatives of the State party in this context address children …”, such as the adoption of Act No. 2005/015 of December 2005 respecting trafficking in children and slavery, “… and that there are no specific strategies to address the problem of the exploitation and prostitution of women”.

The Committee recalls that trafficking in persons for the purposes of their exploitation falls within the definition of forced or compulsory labour contained in Article 2(1) of the Convention. In the absence of information on this point in the Government’s latest report, and in view of the observations made by the Committee on the Elimination of Discrimination against Women at its 43rd Session, the Committee requests the Government to provide the information already requested in its next report.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(2)(c) of the Convention. Hiring of prison labour to private entities. In its previous comments the Committee noted that Decree No. 92-052 of 27 March 1992 issuing the prison regulations (sections 51-56) authorizes the hiring of prison labour to private entities and individuals. It noted that Order No. 213/A/MINAT/DAPEN of 28 July 1988 – which is still in force, according to the Government – establishes a number of conditions concerning the use of prison labour and fixes the rates for their hiring. Those rates include the cost of the daily allowance for a manual worker and a technician, and the surveillance costs. Noting that neither of these legislative texts requires informed, formal consent of the prisoner hired to private enterprises and/or individuals, the Committee has been asking the Government for several years to take the necessary steps to incorporate the requirement for consent into the legislation. The Committee further notes that the Government has already indicated its commitment to ensuring that the regulations implementing the 1992 Decree issuing the prison regulations establish the requirement for formal consent to be given by convicted prisoners before performing any work for private entities, even indicating in its 2009 report that the issue had been examined in conjunction with the Ministry of Territorial Administration and Decentralization at the last session of the National Labour Advisory Commission.

The Committee notes the Government’s indication in its last report that the regulations implementing the Decree issuing the prison regulations have not been adopted, and it refers to an instruction from the Prime Minister for conducting discussions on the setting up of an agency for the operation of prisons which would take account of ILO concerns.

The Committee recalls once again that, in a setting of captivity, it is necessary to obtain the informed, formal consent of prisoners for work in cases where such work is performed for private individuals, enterprises or associations. The Committee further considers that certain factors are required in order to authenticate or confirm the giving of free and informed consent, and that the most reliable indicator of the voluntary nature of labour is that the work is performed under conditions which approximate to a free labour relationship. The Committee expresses its firm hope that the Government will take all the necessary steps in order to ensure, both in law and in practice, that free, formal and informed consent is given by convicts to work for private entities. To this end, it expects the Government to adopt, in the very near future, the regulations setting out the requirements for such consent and to ensure conditions which approximate a free labour relationship in terms of remuneration, hours of work and occupational safety and health.

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

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

Article 2, paragraph 2(b) and (e), of the Convention. Work in the general interest forming part of civic obligations. In its previous comments, the Committee noted that, under section 2(5)(b) of the Labour Code of 1992, the term “forced or compulsory labour” does not include “any work or service in the general interest forming part of the civic obligations of citizens, as defined by laws and regulations”. It requested the Government to specify the nature of the work or services which might be considered work or services in the general interest that form part of normal civic obligations.

In its previous direct request, the Committee noted the information provided by the Government that work or services of general interest could be defined in the context of the Bill instituting national civic service. It noted the subsequent adoption of Act No. 2007/003 of 13 July 2007 instituting a National Service for Participation in Development. It observed that this latter service includes a compulsory period and a voluntary period. The compulsory period, of a duration of 60 days, concerns young persons between 17 and 21 years of age and covers: civic training and physical, sporting and cultural education; the consolidation of schooling; training on first aid and civil protection; and awareness raising on the protection of the environment. The voluntary period, consisting of a period of six months which may be renewed, includes the performance of work in the general interest. The Committee also noted that the arrangements and conditions for the participation and supervision of conscripts and volunteers for this service shall be determined by decree of the President of the Republic. As the Government has not provided the information requested in its previous direct request, the Committee once again asks the Government to provide information on the effect given in practice to this Act, including on the selection of participants for this service, particularly with regard to the voluntary period, and on the organization and the nature of the activities undertaken during the period of compulsory training. It once again requests the Government to provide a copy of the regulations issued under the Act.

The Committee once again requests the Government to provide a copy of any other text referring to the obligation of citizens to perform work in the general interest, including work performed in the interest of the village community or the village chief.

Freedom of members of the armed services to leave the service of the State. In its previous direct request, the Committee noted the Government’s indication that to its knowledge no cases involving requests to resign by members of the armed services have been brought to the attention of the competent authorities. As, under sections 53 and 55 of Act No. 80/12 of 14 July 1980 issuing the general conditions of service of members of the armed forces, career members of the armed forces serving as officers who are recruited by competition sign a contract without limit of time and their resignation may be accepted only on exceptional grounds, the Committee previously requested the Government to continue providing information on any applications to resign by career members of the armed forces brought to the attention of the competent authorities, and in cases of refusal, the reasons given, if any. As the Government has not provided the information requested, the Committee trusts that it will be in a position to provide this information in its next report.

Trafficking in persons. In its previous direct request, the Committee expressed the hope that the Government would provide information on the measures adopted to prevent and combat trafficking in persons, and particularly trafficking of women from Cameroon for purposes of sexual exploitation. It requested the Government to provide information on the punishment of persons engaging in trafficking in persons, the prosecutions initiated against them, the manner in which the victims of trafficking are encouraged to turn to the authorities and the protection provided for them, as well as the difficulties encountered by the public authorities in preventing and combating trafficking in persons. The Committee notes the concluding observations of the Committee on the Elimination of Discrimination against Women (document CEDAW/C/CMR/CO/3 of 10 February 2009, 43rd Session). In its observations, CEDAW expresses concern at “the increase in the State party of trafficking and exploitation of women for commercial ends. It also regrets that most of the initiatives of the State party in this context address children …”, such as the adoption of Act No. 2005/015 of December 2005 respecting trafficking in children and slavery, “… and that there are no specific strategies to address the problem of the exploitation and prostitution of women”.

The Committee recalls that trafficking in persons for the purposes of their exploitation falls within the definition of forced or compulsory labour contained in Article 2(1) of the Convention. In the absence of information on this point in the Government’s latest report, and in view of the observations made by the Committee on the Elimination of Discrimination against Women at its 43rd Session, the Committee requests the Government to provide the information already requested in its next report.

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

Article 2, paragraph 2(c), of the Convention. Hiring of prison labour to private entities. For many years, the Committee has been asking the Government to take the necessary measures to supplement the legislation respecting the prison system (first, Decree No. 73-774 of 11 December 1973, and then Decree No. 92-052 of 27 March 1992) with a provision requiring the formal consent of detainees who are hired to private enterprises and individuals. In its previous observation, the Committee noted the information provided by the Government confirming that Order No. 213/A/MINAT/DAPEN of 28 July 1988 was still in force. It noted that this Order establishes a number of conditions respecting the use and rates for the hiring of prison labour, including the cost of the daily allowance for a manual worker and a technician, and the surveillance costs. The Government indicated that no text had yet been adopted issuing regulations under Decree No. 92-052 respecting the prison system and that it would provide an opinion in writing by the Directorate of Prison Affairs at a later date. The Committee notes that the Government’s latest report does not refer to such opinion. It notes the commitment expressed by the Government in its report to ensure that the texts giving effect to the Decree respecting the prison system establish the requirement of formal consent of convicts before performing any work for private entities and to inform the Office as soon as they have been adopted. It also notes a communication dated 20 October 2008 from the General Confederation of Labour–Liberty of Cameroon (CGT–Liberté) in which it referred to the evasive nature of the Government’s reply concerning the date on which the implementing texts are to be adopted. The CGT–Liberté also regrets the fact that these draft texts have not been submitted to the National Labour Advisory Commission. The Committee further notes the Government’s reply, dated 12 February 2009, to this communication. The Government indicates that the text in question was examined with the Ministry for Territorial Administration and Decentralization at the last session of the National Labour Advisory Commission.

The Committee once again recalls that, in a captive environment, it is necessary to obtain the formal consent of prisoners for work in cases where such work is performed for private individuals, enterprises or associations. The Committee further considers that certain factors are required in order to authenticate or confirm the giving of free and informed consent, and that the most reliable indicator of the voluntary nature of labour is that the work is performed under conditions which approximate a free labour relationship. The Committee once again hopes that the Government will take all the necessary measures for the adoption in the very near future of texts to give effect to the Decree respecting the prison system, by explicitly setting out the requirement for convicted persons to give their formal consent to any work performed for private individuals, enterprises or associations, and to ensure conditions which approximate a free labour relationship in terms of remuneration and occupational safety and health. The Committee once again requests the Government to provide information on any progress achieved in this respect.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 2(2)(b) and (e) of the Convention. Work in the general interest forming part of civic obligations. In its previous comments, the Committee noted that, under section 2(5)(b) of the Labour Code of 1992, the term “forced or compulsory labour” does not include “any work or service in the general interest forming part of the civic obligations of citizens as defined by the laws and regulations”. It requested the Government to specify the nature of the work or services which might be considered as work or services in the general interest which form part of normal civic obligations.

The Government indicates in its report that work or services of general interest could be defined in the context of the Bill instituting national civic service. The Committee notes that Act No. 2007/003 of 13 July 2007 instituting the national service for participation in development has since been adopted. It observes that this service includes a compulsory period and a voluntary period. The compulsory period, of a duration of 60 days, concerns young persons between 17 and 21 years of age and covers: civic training and physical, sporting and cultural education; the consolidation of schooling; training for first aid and civil protection; and awareness raising on the protection of the environment. The voluntary period, consisting of a period of six months which may be renewed, includes the performance of work in the general interest. The Committee also notes that the arrangements and conditions for the participation and supervision of conscripts and volunteers for this service shall be determined by decree of the President of the Republic. The Committee requests the Government to provide information on the effect given in practice to this Act, including on the selection of participants for this service, particularly with regard to the voluntary period, and on the organization and the nature of the activities undertaken during the period of compulsory training. Please also provide a copy of the regulations issued under the Act.

The Committee would also be grateful if the Government would provide a copy of any other text referring to the obligation of citizens to perform work in the general interest, including work performed in the interest of the village community or the village chief.

Freedom of members of the armed services to leave the service of the State. The Committee notes the Government’s indication that cases of applications to resign made to the competent authorities by members of the armed services have not been brought to its knowledge. In so far as, under sections 53 and 55 of Act No. 80/12 of 14 July 1980 issuing the general status of members of the armed forces, career members of the armed forces serving as officers who are recruited by competition sign a contract without limit of time and their resignation may be accepted only on exceptional grounds, the Committee requests the Government to continue providing information in future reports on any applications for resignation made by career members of the armed forces to the competent authorities, cases in which the latter authorities refuse such resignation and, where appropriate, the reasons given for such refusal.

Trafficking in persons. The Committee would be grateful if the Government would provide information on the measures adopted to prevent and combat trafficking in persons, and particularly trafficking of women from Cameroon for sexual exploitation. Please provide information on the penalization of persons engaged in trafficking in persons, the prosecutions initiated against them, the manner in which the victims of trafficking are encouraged to turn to the authorities and the protection provided to them, as well as the difficulties encountered by the public authorities in preventing and combating trafficking in persons.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 2(2)(b) and (e) of the Convention. Work imposed in the context of the national service for participation in development. For many years, the Committee has been emphasizing the need to amend or repeal Act No. 73-4 of 9 July 1973 instituting the national service for participation in development, which allowed the imposition of work in the general interest on citizens aged between 16 and 55 years for 24 months, with penalties of imprisonment for refusal. The Committee notes that this Act was repealed by Act No. 2007/003 of 13 July 2007 establishing the national civic service for participation in development. The Committee notes with satisfaction that participation in work in the general interest in now on a voluntary basis. The Committee refers to its direct request, in which it asks the Government to provide information on the effect given to this Act in practice.

Article 2(2)(c). Hiring of prison labour to private associations. For many years, the Committee has been requesting the Government to take the necessary measures to supplement the legislation respecting the prison system (firstly Decree No. 73-774 of 11 December 1973, and then Decree No. 92-052 of 27 March 1992) by a provision requiring the formal consent of detainees who are hired to private enterprises and individuals. The Committee notes the Government’s confirmation that Order No. 213/A/MINAT/DAPEN, of 28 July 1988, is still in force. This Order establishes a number of conditions respecting the use and rates for the hiring of prison labour, including the cost of the daily allowance for a manual worker and a technician, and the surveillance costs. The Government adds that for the time being no text issuing regulations under Decree No. 92‑052 respecting the prison system has been adopted and that at a later date it will provide an opinion in writing by the Directorate of Prison Affairs.

The Committee recalls that, in a captive environment, it is necessary to obtain prisoners’ formal consent to work in cases where such work is performed for private enterprises. The Committee has also considered that there need to be indicators which authenticate or satisfy the giving of free and informed consent, and that the most reliable indicator of the voluntary nature of labour is that the work is performed under conditions which approximate a free labour relationship. The Committee hopes that the Government will take all the necessary measures to adopt in the very near future the implementing texts of the Decree respecting the prison system and that they will explicitly provide that convicts shall formally give their consent to any work performed for the benefit of private individuals, companies or associations, and will ensure conditions which approximate a free labour relationship, in terms of remuneration and occupational safety and health. The Committee requests the Government to provide information on any progress achieved in this respect.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 2, paragraph 2(b) and (e), of the Convention. In its previous comments, the Committee noted that, under section 2, paragraph 5(b), of the Labour Code (Act No. 92/007 of 14 August 1992), the term "forced or compulsory labour" shall not include "any work or service in the general interest forming part of the civic obligations of citizens as defined by the laws and regulations". It requested the Government to specify the work and services in the general interest which are included in citizens’ civic obligations and to supply the texts of any relevant legislative or regulatory provisions. In its last report, the Government indicates that no legislative or regulatory text defining work in the general interest which forms part of citizens’ civic obligations has been adopted. The Committee notes this information and once again requests the Government to specify the nature of the work and services which might be considered as work and services in the general interest which form part of normal civic obligations and to indicate whether use has already been made of this provision of the Labour Code in order to impose work or service on citizens.

2. Freedom to leave the service of the State. In its previous comments, the Committee noted that, according to sections 53 and 55 of Act No. 80/12 of 14 July 1980 concerning the general status of members of the armed forces and the information provided by the Government on this subject, career members of the armed forces serving as officers, who are recruited by competition, sign a contract of indeterminate duration and resignations may be accepted only on exceptional grounds, which means in practice that they are required to serve until the age limit for their grade. The Committee also noted the Government’s indications that applications for resignation made by career members of the armed forces can be accepted on the following grounds: the person in question is recognized as the family breadwinner; he must succeed to his father, particularly if the latter is a traditional chief; or he believes he will have greater opportunities in an elective post. The Committee then reminded the Government that persons in the service of the State, including career members of the armed forces, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee notes that the Government indicates in its last report that no amendment has been made to the legislation and that the provisions of Act No. 80/12 concerning the general status of members of the armed forces remain in force. It requests the Government to provide information on any applications for resignation that have been submitted by career members of the armed forces to the competent authorities, on the cases in which the aforementioned authorities refused the application for resignation and, where appropriate, on the reasons for such a refusal.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Work imposed for national development purposes. For many years the Committee has been drawing the Government’s attention to the need to amend or repeal Act No. 73-4 of 9 July 1973 instituting national service for participation in development, which allows the imposition of work in the general interest on citizens aged between 16 and 55 years for 24 months with penalties of imprisonment for refusal. In this regard the Government indicated previously that a preliminary draft Act instituting national civic service to replace national civic service for participation in development had been transmitted to the senior levels of the Government. The compulsory and punitive clauses of Act No. 73-4 were removed and participation in national civic service was to become voluntary, the purpose of this service being to socio-economically rehabilitate young people who have been prematurely excluded from the education system or to direct them towards vocational training structures. The Committee notes that the Government no longer refers to this draft Act in its last report. It again indicates that the office responsible for national service has been dissolved, which makes the existence of any forced labour unlikely. While noting this information, the Committee again emphasizes the need to repeal formally Act No. 73-4 of 9 July 1973 instituting national service for participation in development, which is contrary to the Convention, in order to guarantee legal certainty.

2. Article 2, paragraph 2(c), of the Convention. Transfer of prison labour to private associations. In its last comments the Committee noted that Decree No. 73-774 of 11 December 1973 concerning the prison system had been repealed and replaced by Decree No. 92-052 of 27 March 1992. It noted with regret that sections 51 to 56 of the new Decree still permitted the transfer of prison labour to private enterprises and individuals, without the formal consent of the persons concerned being required. The Committee has been reiterating for many years that in order to be deemed compatible with the requirements of Article 2, paragraph 2(c), of the Convention, work done by convicted prisoners for private enterprises or individuals must be subject to the formal consent of the persons concerned and must be accompanied by guarantees covering the essential elements of a free labour relationship.

The Committee notes Order No. 213/A/MINAT/DAPEN of 28 July 1988, a copy of which was sent by the Government. This Order establishes a number of conditions of use and the rates of transfer of prison labour.

The Committee also notes that Order No. 213/A/MINAT/DAPEN was adopted following the implementation of Decree No. 73/774 of 1973, which has since been repealed and replaced by Decree No. 92-052 of 1992 concerning the prison system. The Government further states in its last report that a text concerning the prison system is in the process of finalization. The Committee would therefore be grateful if the Government would indicate whether Order No. 213/A/MINAT/DAPEN remains in force, or whether other regulatory texts have been adopted by the Minister for Prison Administration, in accordance with sections 51 to 56 of Decree No. 92-052 of 1992 concerning the prison system or pursuant to any other newly adopted decree. If applicable, please send a copy of the latter. The Committee hopes that the Government will use the adoption of a new text in this field as an opportunity for ensuring that the legislation is in conformity with the provisions of Article 2, paragraph 2(c), of the Convention, for example by explicitly providing in the legislation that prisoners must express their formal consent to any work or service done for private individuals, companies or associations. The Committee requests the Government to provide information on all progress made in this regard.

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

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

  Article 2, paragraph 2(b) and (e), of the Convention. 1. In its previous comments, the Committee referred to section 2, paragraph 5(e), of the 1974 Labour Code and stressed the need to restrict, in compliance with Article 2, paragraph 2(e), of the Convention, the scope of the civic service required. In 1992 the Committee noted that in the draft Labour Code in process of preparation, the term "civic work of general interest" would be replaced by the term "work of general interest".

The Committee noted the Government’s indication in its report received in 1994 to the effect that in Act No. 92/007 of 14 August 1992 issuing the Labour Code, the term "work of general interest" had been purely and simply deleted in order to comply with Article 2, paragraph 2(e), of the Convention.

In fact, the 1992 Labour Code no longer contains a subsection (e) in section 2, paragraph 5. In its comments in 1994 and 1998, the Committee noted that, under section 2, paragraph 5(b), of Act No. 92/007 of 14 August 1992 promulgating the Labour Code, the term "forced or compulsory labour" does not cover "any work or service of general interest which forms part of the civic obligations of the citizens as defined in laws and regulations". The Committee again requests the Government to specify the work and services of general interest which are included in citizens’ civic obligations and to supply the texts of any relevant legislative or regulatory provisions.

2. Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation on the following points.

1. The Committee refers to its previous comments requesting the repeal or amendment of Act No. 73-4 of 9 July 1973 instituting the National Civic Service for Participation in Development, which allows the imposition of work in the general interest on citizens aged between 16 and 55 years for 24 months with penalties of imprisonment for refusal. The Committee notes the Government’s explanations that non-repeal of the Act in question is linked to the pace of adoption of texts by the institutions of the Republic and that, since the National Office for Civic Service has been dissolved, the probability of there being cases of forced labour is unlikely.

Recalling that this Act has been the subject of comments for over 20 years, the Committee trusts that the Government will do its utmost to give priority to bringing the legislation into conformity with the Convention on this point and that it will indicate the measures taken.

2. Freedom to leave the service of the State. In its previous comments, the Committee noted that under the provisions of Act No. 80/12 of 14 July 1980, officers recruited by competition sign a contract of indeterminate duration which means in practice that they are required to serve until the age limit for their grade and that applications for resignation are accepted only on exceptional grounds.

The Committee noted the Government’s indications that under sections 53 and 55 of the abovementioned Act, resignation of career members of the armed forces can be accepted on the following grounds: the person in question is recognized as the family breadwinner; he must succeed to his father, particularly if the latter is a traditional chief; or he believes he will have greater opportunities in an elective post.

Referring again to paragraphs 67 to 73 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that persons in the service of the State, including career members of the armed forces, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee hopes that the necessary measures will be taken to ensure that career members of the armed forces may leave the service within a reasonable period and that the Government will indicate the provisions adopted to this end.

3. Article 2, paragraph 2(c), of the Convention. The Committee has for very many years referred to the provisions of Decree No. 73-774 of 11 December 1973 promulgating the prison system which permitted the hiring of prison labour to private enterprises and individuals, and has asked the Government to take steps to prohibit this practice. The Committee noted the statement by the Government representative to the Conference Committee in 1990 drawing attention to measures adopted by the Ministry of Territorial Administration to prevent prison labour from being hired to, or placed at, the disposal of private individuals or companies. In its report received in 1996, the Government states that no new provisions have been adopted and that it would not fail to provide information on any action taken along the lines hoped for by the Committee.

In its latest report, the Government indicates that Decree No. 73-774 of 11 December 1973 promulgating the prison system has been repealed and replaced by Decree No. 92-052 of 27 March 1992. The Committee notes with regret that sections 51 to 56 of that Decree still provide for the transfer of prison labour to private enterprises and individuals. It notes the Government’s statement in its report that "the problem of consent does not arise since requests exceed demand and the prisoners’ freedom of choice is thus safeguarded".

The Committee notes that under sections 51 to 56 of Decree No. 92-052, the transfer of prison labour is not subject to consent by those concerned. Moreover, there cannot be real freedom of choice since the prison workforce, defined in section 53 as liable to compulsory labour, has no access to work, in law and in practice, other than in conditions established unilaterally by the prison administration. The absence of free choice is confirmed by section 56 of the Decree under which, "without regard to the usual compulsory work and hiring out of prison labour, prisoners may be used without payment by the prison administration for productive work and work of general interest".

The Committee recalls that the transfer of prison labour to private enterprises and individuals is specifically covered in Article 2, paragraph 2(c), of the Convention and, as it has indicated on many previous occasions, it is only when carried out in the framework of a free employment relationship that work for private enterprises and individuals may be considered to be compatible with the specific prohibition of Article 2, paragraph 2(c). That necessarily requires the formal consent of the person concerned and, bearing in mind the circumstances of this consent, there must be supplementary guarantees covering the essential elements of a labour relationship, including a level of remuneration and social security corresponding to a free labour relationship for the employment to be outside the scope of Article 2, paragraph 2(c), which prohibits unconditionally that persons obliged to perform prison labour be hired to, or placed at the disposal of, private enterprises.

The Committee hopes that the necessary measures will finally be taken to bring national provisions governing prison work into conformity with the Convention on these points. It requests the Government to supply information on any provisions adopted to this end and, meanwhile, to communicate copies of the implementing instruments mentioned in sections 51, paragraph 1, 52 and 53, paragraph 2, of Decree No. 92-052 of 27 March 1992, regulating the prison system in Cameroon.

The Committee is also addressing a request directly to the Government on certain points.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Article 2, paragraph 2(b) and (e), of the Convention.  1.  In its previous comments, the Committee referred to section 2, paragraph 5(e), of the 1974 Labour Code and stressed the need to restrict, in compliance with Article 2, paragraph 2(e), of the Convention, the scope of the civic service required. In 1992 the Committee noted that in the draft Labour Code in process of preparation, the term "civic work of general interest" would be replaced by the term "work of general interest".

The Committee noted the Government’s indication in its report received in 1994 to the effect that in Act No. 92/007 of 14 August 1992 issuing the Labour Code, the term "work of general interest" had been purely and simply deleted in order to comply with Article 2, paragraph 2(e), of the Convention.

In fact, the 1992 Labour Code no longer contains a subsection (e) in section 2, paragraph 5. In its comments in 1994 and 1998, the Committee noted that, under section 2, paragraph 5(b), of Act No. 92/007 of 14 August 1992 promulgating the Labour Code, the term "forced or compulsory labour" does not cover any work or service of general interest which forms part of the civic obligations of the citizens as defined in laws and regulations. The Committee again requests the Government to specify the work and services of general interest which are included in citizens’ civic obligations and to supply the texts of any relevant legislative or regulatory provisions.

2.  Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

1.  The Committee refers to its previous comments requesting the repeal or amendment of Act No. 73-4 of 9 July 1973 instituting the National Civic Service for Participation in Development, which allows the imposition of work in the general interest on citizens aged between 16 and 55 years for 24 months with penalties of imprisonment for refusal. The Committee notes the Government’s explanations that non-repeal of the Act in question is linked to the pace of adoption of texts by the institutions of the Republic and that, since the National Office for Civic Service has been dissolved, the probability of there being cases of forced labour is unlikely.

Recalling that this Act has been the subject of comments for over 20 years, the Committee trusts that the Government will do its utmost to give priority to bringing the legislation into conformity with the Convention on this point and that it will indicate the measures taken.

  2.  Freedom to leave the service of the State.  In its previous comments, the Committee noted that under the provisions of Act No. 80/12 of 14 July 1980, officers recruited by competition sign a contract of indeterminate duration which means in practice that they are required to serve until the age limit for their grade and that applications for resignation are accepted only on exceptional grounds.

The Committee noted the Government’s indications that under sections 53 and 55 of the abovementioned Act, resignation of career members of the armed forces can be accepted on the following grounds: the person in question is recognized as the family breadwinner; he must succeed to his father, particularly if the latter is a traditional chief; or he believes he will have greater opportunities in an elective post.

Referring again to paragraphs 67 to 73 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that persons in the service of the State, including career members of the armed forces, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee hopes that the necessary measures will be taken to ensure that career members of the armed forces may leave the service within a reasonable period and that the Government will indicate the provisions adopted to this end.

3.  Article 2, paragraph 2(c), of the Convention.  The Committee has for very many years referred to the provisions of Decree No. 73-774 of 11 December 1973 promulgating the prison system which permitted the hiring of prison labour to private enterprises and individuals, and has asked the Government to take steps to prohibit this practice. The Committee noted the statement by the Government representative to the Conference Committee in 1990 drawing attention to measures adopted by the Ministry of Territorial Administration to prevent prison labour from being hired to, or placed at, the disposal of private individuals or companies. In its report received in 1996, the Government states that no new provisions have been adopted and that it would not fail to provide information on any action taken along the lines hoped for by the Committee.

In its latest report, the Government indicates that Decree No. 73-774 of 11 December 1973 promulgating the prison system has been repealed and replaced by Decree No. 92-052 of 27 March 1992. The Committee notes with regret that sections 51 to 56 of that decree still provide for the transfer of prison labour to private enterprises and individuals. It notes the Government’s statement in its report that the problem of consent does not arise since requests exceed demand and the prisoners’ freedom of choice is thus safeguarded.

The Committee notes that under sections 51 to 56 of Decree No. 92-052, the transfer of prison labour is not subject to consent by those concerned. Moreover, there cannot be real freedom of choice since the prison workforce, defined in section 53 as liable to compulsory labour, has no access to work, in law and in practice, other than in conditions established unilaterally by the prison administration. The absence of free choice is confirmed by section 56 of the Decree under which, without regard to the usual compulsory work and hiring out of prison labour, prisoners may be used without payment by the prison administration for productive work and work of general interest.

The Committee recalls that the transfer of prison labour to private enterprises and individuals is specifically covered in Article 2, paragraph 2(c), of the Convention and, as it has indicated on many previous occasions, it is only when carried out in the framework of a free employment relationship that work for private enterprises and individuals may be considered to be compatible with the specific prohibition of Article 2, paragraph 2(c). That necessarily requires the formal consent of the person concerned and, bearing in mind the circumstances of this consent, there must be supplementary guarantees covering the essential elements of a labour relationship, including a level of remuneration and social security corresponding to a free labour relationship for the employment to be outside the scope of Article 2, paragraph 2(c), which prohibits unconditionally that persons obliged to perform prison labour be hired to, or placed at the disposal of, private enterprises.

The Committee hopes that the necessary measures will finally be taken to bring national provisions governing prison work into conformity with the Convention on these points. It requests the Government to supply information on any provisions adopted to this end and, meanwhile, to communicate copies of the implementing instruments mentioned in sections 51, paragraph 1, 52 and 53, paragraph 2, of Decree No. 92-052 of 27 March 1992, regulating the prison system in Cameroon.

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

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 2, paragraph 2(b) and (e), of the Convention. 1. In its previous comments, the Committee referred to section 2, paragraph 5(e), of the 1974 Labour Code and stressed the need to restrict, in compliance with Article 2, paragraph 2(e), of the Convention, the scope of the civic service required. In 1992 the Committee noted that in the draft Labour Code in process of preparation, the term "civic work of general interest" would be replaced by the term "work of general interest".

The Committee noted the Government's indication in its report received in 1994 to the effect that in Act No. 92/007 of 14 August 1992 issuing the Labour Code, the term "work of general interest" had been purely and simply deleted in order to comply with Article 2, paragraph 2(e), of the Convention.

In fact, the 1992 Labour Code no longer contains a subsection (e) in section 2, paragraph 5. In its comments in 1994 and 1998, the Committee noted that, under section 2, paragraph 5(b), of Act No. 92/007 of 14 August 1992 promulgating the Labour Code, the term "forced or compulsory labour" does not cover any work or service of general interest which forms part of the civic obligations of the citizens as defined in laws and regulations. The Committee again requests the Government to specify the work and services of general interest which are included in citizens' civic obligations and to supply the texts of any relevant legislative or regulatory provisions.

2. Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

1. The Committee refers to its previous comments requesting the repeal or amendment of Act No. 73-4 of 9 July 1973 instituting the National Civic Service for Participation in Development, which allows the imposition of work in the general interest on citizens aged between 16 and 55 years for 24 months with penalties of imprisonment for refusal. The Committee notes the Government's explanations that non-repeal of the Act in question is linked to the pace of adoption of texts by the institutions of the Republic and that, since the National Office for Civic Service has been dissolved, the probability of there being cases of forced labour is unlikely.

Recalling that this Act has been the subject of comments for over 20 years, the Committee trusts that the Government will do its utmost to give priority to bringing the legislation into conformity with the Convention on this point and that it will indicate the measures taken.

2. Freedom to leave the service of the State. In its previous comments, the Committee noted that under the provisions of Act No. 80/12 of 14 July 1980, officers recruited by competition sign a contract of indeterminate duration which means in practice that they are required to serve until the age limit for their grade and that applications for resignation are accepted only on exceptional grounds.

The Committee noted the Government's indications that under sections 53 and 55 of the abovementioned Act, resignation of career members of the armed forces can be accepted on the following grounds: the person in question is recognized as the family breadwinner; he must succeed to his father, particularly if the latter is a traditional chief; or he believes he will have greater opportunities in an elective post.

Referring again to paragraphs 67 to 73 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that persons in the service of the State, including career members of the armed forces, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee hopes that the necessary measures will be taken to ensure that career members of the armed forces may leave the service within a reasonable period and that the Government will indicate the provisions adopted to this end.

3. Article 2, paragraph 2(c), of the Convention. The Committee has for very many years referred to the provisions of Decree No. 73-774 of 11 December 1973 promulgating the prison system which permitted the hiring of prison labour to private enterprises and individuals, and has asked the Government to take steps to prohibit this practice. The Committee noted the statement by the Government representative to the Conference Committee in 1990 drawing attention to measures adopted by the Ministry of Territorial Administration to prevent prison labour from being hired to, or placed at, the disposal of private individuals or companies. In its report received in 1996, the Government states that no new provisions have been adopted and that it would not fail to provide information on any action taken along the lines hoped for by the Committee.

In its latest report, the Government indicates that Decree No. 73-774 of 11 December 1973 promulgating the prison system has been repealed and replaced by Decree No. 92-052 of 27 March 1992. The Committee notes with regret that sections 51 to 56 of that decree still provide for the transfer of prison labour to private enterprises and individuals. It notes the Government's statement in its report that the problem of consent does not arise since requests exceed demand and the prisoners' freedom of choice is thus safeguarded.

The Committee notes that under sections 51 to 56 of Decree No. 92-052, the transfer of prison labour is not subject to consent by those concerned. Moreover, there cannot be real freedom of choice since the prison workforce, defined in section 53 as liable to compulsory labour, has no access to work, in law and in practice, other than in conditions established unilaterally by the prison administration. The absence of free choice is confirmed by section 56 of the Decree under which, without regard to the usual compulsory work and hiring out of prison labour, prisoners may be used without payment by the prison administration for productive work and work of general interest.

The Committee recalls that the transfer of prison labour to private enterprises and individuals is specifically covered in Article 2, paragraph 2(c), of the Convention and, as it has indicated on many previous occasions, it is only when carried out in the framework of a free employment relationship that work for private enterprises and individuals may be considered to be compatible with the specific prohibition of Article 2, paragraph 2(c). That necessarily requires the formal consent of the person concerned and, bearing in mind the circumstances of this consent, there must be supplementary guarantees covering the essential elements of a labour relationship, including a level of remuneration and social security corresponding to a free labour relationship for the employment to be outside the scope of Article 2, paragraph 2(c), which prohibits unconditionally that persons obliged to perform prison labour be hired to, or placed at the disposal of, private enterprises.

The Committee hopes that the necessary measures will finally be taken to bring national provisions governing prison work into conformity with the Convention on these points. It requests the Government to supply information on any provisions adopted to this end and, meanwhile, to communicate copies of the implementing instruments mentioned in sections 51, paragraph 1, 52 and 53, paragraph 2, of Decree No. 92-052 of 27 March 1992, regulating the prison system in Cameroon.

The Committee is addressing a request directly to the Government on another matter.

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

1. Freedom to leave the service of the State. In its earlier comments, the Committee noted that under the terms of Act No. 80/12 of 14 July 1980, officers recruited by competition signed an undertaking of indefinite duration which meant 0in practice that they were required to serve until reaching the age limit for their rank, applications for release being accepted only on exceptional grounds.

2. The Committee noted the Government's statements according to which, under the terms of sections 53 and 55 of the above-mentioned Act, resignation of career servicemen may be accepted on the following grounds: the soldier is recognized as a family breadwinner; he is to succeed his father, especially if the latter is a traditional chief; he believes that he will have a better chance in an elective office.

3. The Committee, referring again to paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, recalls that persons in the service of the State, including career military personnel, should be entitled to leave that service in peacetime within a reasonable time, either at specified intervals or by giving notice, subject to the conditions that may normally be applied to ensure continuity of the service. The Committee hopes that the Government will in the near future indicate the measures taken or contemplated to ensure that career military personnel can leave the service within a reasonable period.

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

1. For more than 20 years, the Committee has been drawing the Government's attention to the provisions of Act No. 73-4 of 9 July 1973 instituting the National Civic Service for Participation in Development which allows the imposition of work in the general interest on citizens aged between 16 and 55 years for a period of 24 months on pain of imprisonment for two to three years in the event of refusal. In the light of the explanations given in paragraph 52 of the General Survey of 1979 on the abolition of forced labour, the Committee requested the Government to take the necessary legislative or regulatory measures to enforce the principle that only volunteers should perform civic service.

2. The Committee has noted with interest the dissolution of the National Office of Participation in Development by Decree No. 90/843 of 4 May 1990, and the statements made by a Government representative to the 1990 Conference according to which Act No. 73-4 was being amended. In its reports of 1994 and 1996, the Government stated that the legislation in question had not yet been repealed.

3. The Committee draws the Government's attention to the fact that, while the dissolution of the ONPD was an important step towards implementation of the Convention, repeal or amendment of the 1973 Act is still necessary to bring legislation into line with practice and to give full effect to the Convention. It therefore expresses the strong hope that the Government will take the necessary measures in the very near future to bring its legislation into conformity with the provisions of the Convention and that it will provide information on any progress made in this regard.

Article 2, paragraph 2(e), of the Convention. 4. In its previous comment, the Committee noted that, under the terms of section 2, paragraph 5(b), of Act No. 92/007 of 14 August 1992 promulgating the new Labour Code, the term "forced or compulsory labour" does not cover any work or service of general interest which forms part of the civic obligations of the citizens as defined in laws and regulations, and requested the Government to provide a copy of the provisions which defined citizens' civic obligations.

5. The Committee notes that the Government's report contains no reply on this point. It again expresses the hope that the Government will provide the information requested, in particular with regard to the regulations or legal provisions which define or relate to citizens' civic obligations, so that it may be assured that work or service done in the general interest as part of these normal civic obligations conforms to the terms of the Convention (force majeure, compulsory military service) or the terms indicated by the Committee in paragraph 34 of its 1979 General Survey (jury service, assistance to persons in danger, etc.).

Article 2, paragraph 2(c). 6. The Committee has for many years referred to the provisions of Decree No. 73-774 of 11 December 1973, concerning the prison regime which permits the transfer of prison labour to private enterprises and individuals, and has requested the Government to take steps to prohibit this practice. In its previous reports, the Government indicated that, in practice, no such hiring of prison labour to individuals or private companies was possible without the prior consent of the prisoners themselves. The Committee also noted the statement by the Government representative to the 1990 Conference, which drew attention to measures adopted by the Ministry of Territorial Administration to prevent prison labour from being hired to or placed at the disposal of private individuals or companies. It expressed the hope that the Government would provide information on the measures that had been adopted in this regard. In its last report received in 1996, the Government states that no new provisions have been adopted and that it would not fail to provide information on any action taken along the lines hoped for by the Committee.

7. On the basis of the explanations given in paragraphs 97 to 101 of the 1979 General Survey, which specify the conditions under which private companies may use prison labour (prisoners' consent and guarantee of salary and social security), the Committee again requests the Government to provide information on any measures that have been taken, in particular those adopted by the Ministry of Territorial Administration, or to take the necessary legislative or regulatory measures in the very near future to ensure that prisoners will not be placed at the disposal of private individuals or companies except under conditions of a free employment relationship.

8. In addressing the above matters, the Government might wish to have recourse to the Office's technical advice.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Prison work. Referring to its observation on the Convention and to the explanations given in paragraphs 97 and 98 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee hopes that, in accordance with Article 2, paragraph 2(c), of the Convention, the necessary steps will be taken either to make it unlawful for prison labour to be hired to or placed at the disposal of private individuals, companies or associations or to ensure that prisoners' work in the service of private individuals or bodies is carried on under the conditions of a free labour relationship: that is to say, it must depend on the consent of the persons concerned and on the existence of the appropriate safeguards, in particular with regard to wages and social security.

Noting the information given by the Government in its report to the effect that detainees themselves ask to be taken out on fatigues, the Committee again expresses the hope that the Government will embody the conditions spelt out above (consent and necessary safeguards) in legislation or regulations.

2. Freedom to leave the service of the State. In its previous comments the Committee noted that, under Law No. 80/12 of 14 July 1980, officers recruited through competitions signed an undertaking of indefinite duration, which meant that in practice they were obliged to serve until they reached the age limit for their rank, since applications for release were only accepted on exceptional grounds.

The Committee noted the information given by the Government in its report for the period ending 30 June 1992 to the effect that, according to sections 53 and 55 of the aforementioned Law, the resignation of career military personnel may be accepted on the following grounds: the career soldier is recognised as the family breadwinner; he is to succeed his father, especially if his father is a traditional Chief; or he thinks he will have a better chance in an elective office.

The Committee, referring again to paragraphs 67-73 of its General Survey of 1979, points out that persons in the service of the State, including career military personnel, should have the right to leave the service in peace time within a reasonable time, either at specified intervals or by giving notice, subject to the conditions that may normally be imposed to ensure continuity of the service.

The Committee again expresses the hope that the Government will indicate the measures taken or contemplated to ensure that career military personnel may leave the service within a reasonable period.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government.

1. In its previous comments the Committee noted that the provisions of Act No. 73-4 of 9 July 1973 setting up the National Civic Service for Participation in Development were contrary to the Convention because they provided that work in the general interest throughout the public and private sectors could be imposed on citizens between 16 and 55 years of age for a period of 24 months, subject to imprisonment for two to three years in the event of refusal.

The Committee noted that, in 1990, the Government representative to the Conference Committee stated that the Government had prepared a draft Act to bring the law into harmony with the practice of recruiting to the Civic Service on a voluntary basis. The Committee requested the Government to provide a copy of the provisions repealing or amending this Act.

The Committee again expresses the hope that the Government will indicate progress made and communicate a copy of the provisions amending or repealing Act No. 73-4 of 1973.

2. In its previous comments the Committee referred to section 2, paragraph 5(e), of the Labour Code and it stressed the need to restrict, in accordance with Article 2, paragraph 2(e) of the Convention, the scope of communal work that could be exacted. In its latest comment the Committee noted that in the new Labour Code in preparation, the expression "communal work in the general interest" would be replaced by the expression "work in the general interest". The Committee requested the Government to reconsider the laws and the draft Labour Code in the light of the provisions of the Convention and of the explanations given in paragraph 37 of its 1979 General Survey on the Abolition of Forced Labour.

The Committee notes that under section 2, paragraph 5(b), of the new Labour Code, promulgated by Law No. 92/007 of 14 August 1992, the term forced or compulsory labour does not include "any work or service of general interest which forms part of the civic obligations of the citizens, as defined in laws and regulations".

The Committee requests the Government to provide copies of the provisions defining the civic obligations of the citizens and to indicate measures taken or envisaged to ensure the observance of the Convention.

3. In previous comments, the Committee noted that the provisions of Decree No. 73-774 of 11 December 1973 laying down penitentiary regulations permitted prison labour to be hired to private undertakings and individuals. It expressed the hope that the penitentiary legislation would be brought into conformity with Article 2, paragraph 2(c), of the Convention, which makes it unlawful for prison labour to be placed at the disposal of private individuals, companies or associations. The Committee noted the Government's statement in its report for the period ending 30 June 1992, that no new provisions had been laid down. The Committee expresses again the hope that the Government will soon be able to report tangible progress achieved in the light of the more detailed explanations given in a request which it is addressing directly to the Government.

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

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Prison work. Referring to its observation on the Convention and to the explanations given in paragraphs 97 and 98 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee hopes that, in accordance with Article 2, paragraph 2(c), of the Convention, the necessary steps will be taken either to make it unlawful for prison labour to be hired to or placed at the disposal of private individuals, companies or associations or to ensure that prisoners' work in the service of private individuals or bodies is carried on under the conditions of a free labour relationship: that is to say, it must depend on the consent of the persons concerned and on the existence of the appropriate safeguards, in particular with regard to wages and social security.

Noting the information given by the Government in its report to the effect that detainees themselves ask to be taken out on fatigues, the Committee hopes that the Government will embody the conditions spelt out above (consent and necessary safeguards) in legislation or regulations.

2. Freedom to leave the service of the State. In its previous comments the Committee noted that, under Law No. 80/12 of 14 July 1980, officers recruited through competitions signed an undertaking of indefinite duration, which meant that in practice they were obliged to serve until they reached the age limit for their rank, since applications for release were only accepted on exceptional grounds.

The Committee notes the information given by the Government in its report to the effect that, according to sections 53 and 55 of the aforementioned Law, the resignation of career military personnel may be accepted on the following grounds: the career soldier is recognised as the family breadwinner; he is to succeed his father, especially if his father is a traditional Chief; or he thinks he will have a better chance in an elective office.

The Committee, referring again to paragraphs 67-73 of its General Survey of 1979, points out that persons in the service of the State, including career military personnel, should have the right to leave the service in peace time within a reasonable time, either at specified intervals or by giving notice, subject to the conditions that may normally be imposed to ensure continuity of the service.

The Committee hopes that the Government will indicate the measures taken or contemplated to ensure that career military personnel may leave the service within a reasonable period.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information communicated by the Government in its report. It has also taken note of the discussions held in the Conference Committee in 1990.

1. In its previous comments the Committee noted that the provisions of Act No. 73-4 of 9 July 1973 setting up the National Civic Service for Participation in Development were contrary to the Convention because they provided that work in the general interest throughout the public and private sectors could be imposed on citizens between 16 and 55 years of age for a period of 24 months, subject to imprisonment for two to three years in the event of refusal. The Government indicated that a change in the aforementioned Act was planned and that in practice enrolment in the Service in question was entirely voluntary.

The Committee notes with interest the provisions of Decree No. 90/843 of 4 May 1990 abolishing the National Office of Participation in Development (NOPD), the text of which was communicated by the Government with its report. The Committee also notes the indications given by the Government in its report to the effect that Act No. 73-4 of 9 July 1973 instituting the Civic Service, for its part, has not yet been repealed. In that connection the Committee notes that the Government representative to the Conference Committee has stated that the Government had prepared a draft Act to bring the law into harmony with the practice of recruiting to the Civic Service on a voluntary basis. The Committee trusts that the necessary measures will soon be taken to bring the law into conformity with the Convention on that point and that the Government will communicate a copy of the provisions repealing or amending Act No. 73-4 of 1973.

2. In previous comments, the Committee noted that the provisions of Decree No. 73-774 of 11 December 1973 laying down penitentiary regulations permitted prison labour to be hired to private undertakings and individuals. It expressed the hope that the penitentiary legislation would be brought into conformity with Article 2, paragraph 2(c), of the Convention, which makes it unlawful for prison labour to be placed at the disposal of private individuals, companies or associations. The Committee notes the Government's statement in its report that no new provisions have been laid down. The Committee hopes that the Government will soon be able to report tangible progress achieved in the light of the more detailed explanations given in a request which it is addressing directly to the Government.

3. In its previous comments the Committee also drew the Government's attention to the need to take legislative or regulatory measures in order to restrict, in accordance with Article 2, paragraph 2(e), of the Convention, the scope of communal work that could be exacted pursuant to section 2, paragraph 5(e), of the Labour Code; it asked the Government to communicate copies of municipal decrees organising communal work in the general interest.

The Committee notes the information supplied by the Government representative to the Conference Committee to the effect that the nature of such communal work is defined in detail by municipal decrees; that it consists of minor services such as clearing land for certain ceremonies in the community, ordered by the municipal administrators and intended essentially to improve the life of the inhabitants, it being understood that large-scale projects were generally assigned to specialised undertakings in return for remuneration and that the other work necessary to the functioning of the community was done by municipal employees for pay. The Committee notes that the Government representative stated that she would try to send copies of municipal decrees organising such work in the general interest.

The Committee notes the information communicated by the Government in its latest report to the effect that, in the new Labour Code now in preparation, the expression "communal work in the general interest" should be replaced by the expression "work in the general interest".

The Committee points out that, under Article 2, paragraph 2(e), of the Convention only "minor communal services" are exempt from the scope of the Convention. In this connection the Committee refers to paragraph 37 of its General Survey of 1979 on the Abolition of Forced Labour, which lists the criteria determining the limits of the exception prescribed in Article 2, paragraph 2(e), of the Convention:

- the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

- the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of work intended to benefit a wider group;

- the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the village council) must "have the right to be consulted in regard to the need for such services".

The Committee is bound to note that the text of the draft Labour Code as indicated by the Government, rather than restricting the scope of the services that may be exacted to "minor communal services", would tend on the contrary to widen them to "work in the general interest".

The Committee hopes that the Government will re-examine the laws and the draft Labour Code in the light of the Convention and of the explanations given in paragraph 37 of the aforementioned General Survey in order to ensure compliance with the requirements of Article 2, paragraph 2(e), of the Convention. The Committee again asks the Government to communicate texts of municipal decrees organising communal work in the general interest.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Prison labour. With reference to its observation on this Convention and the explanations given in paragraphs 97 and 98 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee hopes that, in accordance with Article 2, paragraph 2(c), of the Convention, the necessary measures will be taken rapidly both to prohibit the labour of convicted persons being hired to or placed at the disposal of private individuals, companies or associations, and to ensure that work carried out by prisoners in the service of private individuals or associations is performed under conditions of a free employment relationship, i.e. that it should depend on the consent of the persons involved and be subject to the existence of corresponding guarantees, particularly regarding wages and social security. The Government is requested to indicate the measures adopted to this end.

2. Communal services in the general interest. For many years, the Committee has been drawing the Government's attention to section 2, paragraph 5(e), of the Labour Code which exempts from the prohibition of forced labour communal services in the general interest as defined by the administrative or municipal authorities. According to indications provided by the Government in the past:

(1) there is no text defining communal services in the general interest;

(2) the communal services that are determined and carried out by each community are classified in order of priority, with the administration playing only a supervisory role and supplying technical assistance, and each community has drawn up by-laws under which the participation of each member of the community in the performance of the work is compulsory.

On numerous occasions the Committee has expressed the hope that the necessary legislative measures will be taken or regulations issued to limit the scope of the work that may be imposed and to define the respective roles of the administrative and municipal authorities. It has also requested the Government to supply copies of municipal orders organising communal works in the general interest. None have yet been received.

The Committee recalls that in accordance with Article 2, paragraph 2(e) of the Convention, only minor communal services are excluded from the scope of the Convention and that paragraph 37 of its 1979 General Survey specifies the criteria which limit this exception. In the absence of more detailed indications concerning the amendment that may be made to section 2 of the Labour Code within the framework of the updating that is still under way, the Committee once again requests the Government to take the appropriate measures, for example in the form of regulations issued under the Code, in order to ensure observance of the requirements set forth in Article 2, paragraph 2(e), of the Convention. It once again requests the Government to supply copies of municipal orders organising services in the general interest.

3. Freedom to leave the service of the State. The Committee has noted the information previously supplied by the Government concerning the length of the undertaking made by military personnel serving under contract and career military personnel. The Committee noted that under section 55 of Act No. 80/12 of 14 July 1980, members of the armed forces serving under contract give successive undertakings of varying lengths which do not exceed three years and career members of the armed forces commissioned as officers sign a ten-year undertaking which takes effect from the end of their training period. Officers who are recruited through competitions sign an undertaking of undetermined length, which means that in practice they are obliged to serve until they reach the age limit for their grade, since requests to resign are only accepted on exceptional grounds.

The Committee recalls that the Convention protects any person required to perform compulsory work or services, subject only to the exceptions appearing in Article 2, paragraph 2. With regard to restrictions on the freedom of members of the armed forces to leave the service, the Committee referred in the explanations given in paragraphs 67 to 73 of its 1979 General Survey to cases in which employment is originally the result of a freely concluded agreement. It noted that the worker's right to free choice of employment remains inalienable and that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law. Referring more particularly to career members of the armed forces, the Committee observed that the provisions of Article 2, paragraph 2(a), concerning compulsory military service, do not apply to career members of the armed forces. They may therefore not be invoked in order to deny persons who engaged voluntarily the right to leave the service in peacetime within a reasonable period of time, either at predetermined intervals or by giving notice, subject to the conditions that may normally be required in order to ensure continuity of service.

In the absence of information in the Government's most recent report on any measures taken or contemplated to ensure the observance of the Convention with regard to career members of the armed forces, the Committee requests the Government to supply in its next report full information regarding the criteria directing the choice of the military authorities when accepting or refusing resignations, on the types of disciplinary penalties incurred and on the channels of appeal available against decisions refusing a request to resign.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its previous observations, the Committee noted that the provisions of Act No. 73-4 of 9 July 1973 to set up the National Civic Service for Participation in Development are contrary to the Convention since they provide that work in the general interest throughout the public and private sectors can be imposed on citizens aged between 16 and 55 years for a period of 24 months subject to penalties of between two and three years' imprisonment in cases of refusal. The Government indicated that it was planned to amend the above Act and that in practice enrolment in the Service is fully voluntary.

The Committee notes the information supplied by the Government in its report that no new measures have been adopted, but that studies are under way with a view to reconciling national law and practice with the Convention. In view of the fact that this question has been the subject of its comments for many years, the Committee trusts that the necessary measures will soon be taken to amend the Act and that the Government will in the very near future be in a position to transmit the new texts adopted in this respect.

2. In its previous comments, the Committee also drew the Government's attention to the need to adopt legislative measures or to issue regulations in order to restrict, in accordance with Article 2, paragraph 2(e), of the Convention, the scope of communal work that may be exacted under section 2, paragraph 5(e), of the Labour Code. Furthermore, it expressed the hope that legislation respecting prisons would be brought into conformity with Article 2, paragraph 2(c), which prohibits prison labour being placed at the disposal of private individuals, companies or assocations. On this point too, the Government states that no new measure has been taken but that studies are under way to reconcile law and practice with the Convention. The Committee hopes that the Government will soon be able to report that concrete progress has been made in the light of the more detailed explanations that are given in a request that is being addressed directly to it.