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Repetition Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons and forced labour. The Committee notes that the Government’s report has not been received. However, it notes the observations of the Federation of Somali Trade Unions (FESTU), received on 28 August 2015, which state that Somalia is a source, transit, and destination country for trafficking in persons. Somali men work as herdsmen and as migrant workers in the Gulf States in conditions of forced labour. The FESTU also states that women are trafficked within Somalia for sexual exploitation and forced labour in agriculture, livestock herding, construction and domestic work. It indicates that section 14 of the Provisional Constitution of August 2012 prohibits trafficking and forced labour and that section 464 of the Penal Code provides for penalties of six months to five years of imprisonment for the exaction of forced labour. However, the FESTU states that these provisions are not implemented by the Government, and that neither investigations nor prosecutions have been carried out. The Committee urges the Government to take the necessary measures to prevent and combat trafficking in persons for labour and sexual exploitation. In this regard, it requests the Government to take the necessary measures to ensure that national legislation prohibiting trafficking and forced labour is effectively applied and to provide information in this respect.
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:
1. Article 2, paragraph 2(c), of the Convention. Referring to its previous comments concerning article 25 of the Prisons Law (No. 7 of 1971), which provides that convicted criminal prisoners shall be required to work in any employment assigned to them by the Commanding Officer, the Committee noted that the draft amendment providing that convicted criminal and political prisoners shall not be placed at the disposal of private individuals, companies or associations, had been submitted to the National Committee for the arrangement of Draft Laws and that this Committee would soon send the draft amendment back to the Council of Ministers for approval and submission to the People's Assembly. The Committee again expresses the hope that the amendment will be adopted and that the Government will provide a copy of any text in the near future.
2. Right to resign from work. The Committee noted that under section 51 of Part IX of the Civil Service Law, No. 5 of 2 February 1980, a civil servant can request resignation by submitting it to his chief, who can reject the resignation on the basis of general interest and if the service of the civil servant is vital for ongoing operations. A civil servant who leaves his post after his resignation has been rejected is liable to imprisonment for a year, a fine, and denial of his right to exercise his profession for a period of five years. The Committee referred to the explanations provided in paragraphs 67-73 of its 1979 General Survey on the Abolition of Forced Labour where it indicated that the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into services by compulsion of law and is thus incompatible with the Conventions relating to forced labour. The Committee again asks the Government to indicate what steps have been taken to permit civil servants to resign from their employment upon giving reasonable notice of their intent to do so. The Committee also again asks that the Government provide statistical data showing the number of persons who have had their requests to resign rejected. The Committee noted the Government's indication that for technical reasons the Government was unable to supply copies of statutory instruments governing termination of service in the armed forces in peacetime. It again expresses the hope that the Government will send with its next report a copy of the statutory instruments.
1. Article 2, paragraph 2(c), of the Convention. Referring to its previous comments concerning article 25 of the Prisons Law (No. 7 of 1971), which provides that convicted criminal prisoners shall be required to work in any employment assigned to them by the Commanding Officer, the Committee notes that the draft amendment providing that convicted criminal and political prisoners shall not be placed at the disposal of private individuals, companies or associations, has been submitted to the National Committee for the arrangement of Draft Laws and that this Committee will soon send the draft amendment back to the Council of Ministers for approval and submission to the People's Assembly. The Committee looks forward to the adoption of the amendment and the Government's sending of a copy in the near future.
2. Right to resign from work. The Committee notes that under section 51 of Part IX of the Civil Service Law, No. 5 of 2 February 1980, a civil servant can request resignation by submitting it to his chief, who can reject the resignation on the basis of general interest and if the service of the civil servant is vital for ongoing operations. A civil servant who leaves his post after his resignation has been rejected is liable to imprisonment for a year, a fine, and denial of his right to exercise his profession for a period of five years. The Committee refers to the explanations provided in paragraphs 67-73 of its 1979 General Survey on the Abolition of Forced Labour where it indicated that the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into services by compulsion of law and is thus incompatible with the Conventions relating to forced labour. The Committee asks the Government to indicate what steps have been taken to permit civil servants to resign from their employment upon giving reasonable notice of their intent to do so. The Committee also asks that the Government provide statistical data showing the number of persons who have had their requests to resign rejected.
The Committee notes the Government's indication that for technical reasons the Government is unable to supply at present copies of statutory instruments governing termination of service in the armed forces in peacetime. It hopes that the Government will send with its next report a copy of the statutory instruments.