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Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. 1. Work by prisoners for private enterprises. The Committee notes the detailed information provided by the Government, especially the agreements concluded with private enterprises. The Committee notes with interest that the remuneration for prisoners who work for private enterprises is at least the amount of a national minimum wage and that, in the case of a period of apprenticeship, which shall not exceed 60 days, they shall receive a sum equivalent to half the national minimum wage. The Committee also notes the planned measures for coverage by the Social Insurance Bank. The Committee asks the Government to continue providing information on the conditions of work of prisoners for private enterprises.
2. Community work instead of a prison sentence. In its previous direct request, the Committee noted that penal legislation allows the judge, in exceptional circumstances, to impose community work instead of a prison sentence, that this substitute sentence is pronounced in the context of court proceedings by a judge who is independent of the political authorities, that it may be the subject of an appeal to a higher court and that it must be of short duration. The Government referred to the cleaning of state schools or minor manual work as examples of community work. The Committee requested the Government to send a copy of the legislation regulating community work and to provide more detailed information on the nature of the work performed in the context of community work, as well as on the organizations for the benefit of which this work is carried out. The Committee notes that the Government’s report does not contain the information requested and asks the Government to provide this information in its next report.
3. Provision of community services as an alternative to custody pending trial. The Committee notes that the Government’s report refers to Act No. 17726 on alternative measures to custody pending trial, which includes the provision of community services. The Committee notes section 3(f) of Act No. 17726 under which the judge may substitute custody pending trial with community services. This provision establishes “the obligation to perform tasks …” and envisages that the remuneration for the work performed shall be kept for and paid to the accused “if the indictment is revoked or in the event of acquittal”. The Committee recalls that under Article 2, paragraph 2(c), of the Convention, work may only be exacted as a consequence of a “conviction in a court of law”. The Committee considers that prisoners awaiting trial or persons detained without trial may work, if they so wish, on a purely voluntary basis and notes that under section 41 of Act No. 14470 (the Prisons Act, as amended by Act No. 15536), “with regard to prisoners held for trial, the prison authority shall always allow them the possibility to work when they voluntarily show their willingness to work”. The Committee requests the Government to indicate the provisions which envisage the consent of the person concerned to substitute custody pending trial with the performance of community services.
4. The Committee notes the information provided by the Government concerning the freedom of public servants to leave their employment.
Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. 1. The Committee notes Act No. 14.470 regulating conditions of imprisonment and Decree No. 440/978 approving the internal regulations governing rehabilitation centres, communicated by the Government. The Committee notes that, under the Act on conditions of imprisonment (sections 41-47), convicted prisoners have an obligation to work. As regards the methods and organization of this work, hours of work, safety and health, and accidents, the technical requirements and standards laid down in the relevant labour legislation must be respected. The Committee also notes that, under section 45 of the Act, prisoners’ work must receive remuneration. It notes the detailed information provided by the Government on such remuneration in its last reports. Finally, the Committee notes that, under section 44 of the Act, the work is organized and managed by the prison authority but, in certain special circumstances, the authority may conclude an agreement with public or private organizations concerning the use of prison labour and of prison workshops. It appears that such agreements have been concluded since the Government indicates in its report sent in 2000 that a number of prisoners are working for private enterprises (ANIEL and PANDY). The Committee requests the Government to provide examples of agreements concluded between the prison authorities and private enterprises for the use of prison labour, and to supply information on the conditions in which prisoners’ work is carried out, in particular as regards prisoners’ consent to work performed for the benefit of the said private organizations. Finally, the Committee requests the Government to send a copy of the abovementioned Act regulating conditions of imprisonment, including any amendments which have been made to it.
2. The Committee notes that the Government indicated in its 2002 report that penal legislation allows the judge, in exceptional circumstances, to impose community work instead of a prison sentence. This substitute sentence is pronounced in the context of court proceedings by a judge who is independent of the political authorities. It may be the subject of an appeal to a higher court and it must be of short duration. The Government refers to the cleaning of state schools or minor manual work as examples of community work. The Committee notes this information and requests the Government to send a copy of the legislation regulating community work and to provide more detailed information on the nature of the work performed in the context of community work, as well as on the organizations for the benefit of which this work is carried out.
3. Freedom of public servants to leave their employment. The Committee notes that the Government indicated in its 2000 report that there are no legislative provisions preventing public servants from leaving their employment. It requests the Government to indicate whether in practice a public servant’s application to resign might be refused and, if so, for what reasons (see for example, section 220 of the Organic Act concerning the armed forces (Act No. 14.157), under which an application to resign submitted by a member of the armed forces might be refused by the Executive Power if justified by the interest of the service for valid reasons).
The Committee has noted the information in the Government's first two reports. It would be grateful if the Government would supply information on the following matters, in the light of Article 2(1) and (2) of the Convention, in order to facilitate a more complete appreciation of how the Convention is applied.
1. Please indicate any provisions which might prevent workers, particularly in the public service or the military, from leaving their employment.
2. Please describe any work of a non-military character carried out under any compulsory military service.
3. Please indicate any work performed by virtue of normal civic obligations.
4. Please describe the work of the executive committee with responsibility for questions of prison labour created under Act No. 16.707, section 34, and any cases where prison labour is hired to or placed at the disposal of private parties.
5. Please indicate any provisions for the exaction of work in cases of emergency.
6. Please describe any services required of members of local communities.
7. Please indicate how far sections 280, 281 and 288 apply in cases of illegal exaction of forced or compulsory labour and any penalties imposed in accordance with Article 25 of the Convention.