Observación (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

For several years, the Committee has been drawing the Government's attention to the provisions of section 2(5) of Legislative Decree No. 17 of 1974 respecting civilian planning for a state of emergency, under which the full or partial mobilization of civilians may be proclaimed, even in peace time, in any situation arising suddenly and resulting in a disturbance of economic and social life. All citizens may then be called upon to take part in work or to perform services under penalty of imprisonment (section 20(2) and (3), and section 35(1)); in such cases labour legislation is suspended.

The Committee drew the Government's attention to the provisions of Article 2, paragraph 2 (d), of the Convention and the explanations set out in paragraphs 63 to 66 of its General Survey of 1979 on the Abolition of Forced Labour, in which it indicates that recourse to compulsory labour under emergency powers should be limited to circumstances endangering or likely to endanger the existence or well-being of the whole or a part of the population, and that it should be clear from the legislation that the authority to exact labour may be used only within the above limits.

The Government indicated previously that Legislative Decree No. 17 of 1974 would be revised after Parliament had adopted the Bill on civil defence dealing with questions of emergency arising from physical or technological causes.

The Committee notes the information provided by the Government in its latest report to the effect that the Bill has not yet been adopted by Parliament and that to amend the Legislative Decree before adoption of the Bill would create a legal void.

The Committee hopes that the necessary provisions to ensure observance of the Convention will be adopted shortly and asks the Government to report on any progress in this respect.