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

The Committee notes the Government's replies to its previous comments.

Article 1(1) and Article 2(1) of the Convention. 1. The Committee has referred to paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, regarding the incompatibility with the Convention of various restrictions on workers' freedom to terminate their employment. In particular, it has noted that section 40(2) of Act No. 201 on the Civil Marine Service provides for ultimate refusal to accept the resignation of an officer or rating. The provisions of resolutions Nos. 917 of 1988 and 550 of 1989 and Act No. 1 of 1975 appear to be subject to the same refusal. Whilst it has taken due account of the Government's assurance that it knows of no case where resignation has been refused, the Committee would be glad if the Government would take steps to ensure that the legislation reflects the requirement that no forced or compulsory labour takes place, and that resignation within a reasonable period is possible. Please provide details in the next report.

2. The Committee once again requests a copy of the regulations governing the Youth Training Programme under Act No. 96 of 1987. It would be grateful if the Government would also describe the manner in which the programme operates. This will enable the Committee to appreciate whether the Programme is compatible with the Convention (as to which, see especially paragraph 54 of the 1979 General Survey).

3. The Committee has noted again the Government's statement that foreign workers suffer no restriction on their right to leave the country when their employment terminates. It would nevertheless like to receive a copy of Act No. 118 of 1978 concerning the residency of foreigners, in order to appreciate whether the relevant provisions are compatible with the Convention.

Article 25. 4. The Committee recalls that section 325 of the Penal Code (No. 11 of 1969) only contemplates limited circumstances in the public sector in which an offence of illegal exaction of forced labour arises. Please indicate how it is ensured that penalties are provided for and enforced in accordance with this Article in particular with regard to circumstances falling outside the public sector.