Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee notes the information provided by the Government in reply to its earlier comments.

1. In its previous comments, the Committee noted article 5 of the National Constitution, in accordance with which "no type of servitude is recognized and no one shall be compelled to render personal services without his full consent and due compensation. Personal services may be demanded only when so established by the law", as well as article 8, under which every person has the duty to work, according to capacity and possibilities, in socially useful activities. The Committee requested the Government to provide information on the legislation under which personal services can be exacted and to supply the text of such legislation. Since the Government's report contains no information on the subject, the Committee expresses the hope that such information will be supplied by the Government in its next report.

2. The Committee previously noted the provisions of the Penal Code relating to sanctions, and in particular section 47 of the Penal Code, under which penalties are applied in the form established by the Code and by the special Act for the application of the prison system. The Committee reiterates its request to the Government to supply a copy of this Act with its next report.

3. In its earlier comments, the Committee noted that the following provisions of the Penal Code permit the imposition of sentences involving the obligation to work in cases that come within the scope of the Convention:

Article 1(a) of the Convention. Sections 123 (sedition), 126 (conspiracy), 132 (criminal association), 134 (public disorder and disturbances) of the Penal Code make it possible to impose sentences of imprisonment involving the obligation to work and sentences for the performance of work in cases of the expression of political views or views opposed to the established political system.

Article 1(d). Under section 234 of the Penal Code, advocacy of lockouts, strikes or stoppages declared illegal by the labour authorities is punishable by imprisonment for a term of one to three years.

The Committee requested the Government to supply information on the effect given in practice to these provisions in order to enable it to evaluate their scope, and to provide copies of court decisions made under them. It also requested the Government to indicate whether the legislation provides for the exemption from prison work of persons convicted in the cases that fall within the scope of the Convention. Since the Government's report states only that there has been no change in regard to sections 123 and 126 and contains none of the information requested, the Committee expresses the hope that the Government will not fail to supply such information in its next report.

4. Article 1(b). In its earlier comments the Committee noted article 8(f) of the Constitution, under which every person has the fundamental duty to perform civic and military services which the nation requires for its development, defence and preservation, and article 208 of the Constitution, which provides that the armed forces have the fundamental mission of cooperating in the integral development of the country. The Committee notes that sections 1(e) and 6 of the Organic Act of 1993 respecting the armed forces contain similar provisions, and sections 13 and 14 of the same Act provide for participation of the armed forces in social, productive and other infrastructure works, as well as in basic and strategic industries of the country. With reference to paragraphs 49 to 54 of its 1979 General Survey on the abolition of forced labour, where it pointed out that the Conference had rejected the practice of making young people participate in development activities as part of their compulsory military service or instead of it, as being incompatible with the forced labour Conventions, the Committee requests the Government to provide information on the application in practice of the above provisions, so that it may assess their compatibility with the Convention. It also reiterates its request for a copy of the Act respecting compulsory military service and the Legislative Decree respecting civil service, which have been mentioned by the Government as enclosed with the report but have not been received in the ILO.