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

The Committee notes the information supplied by the Government in its reports received in September and November 1997. It would be grateful if the Government would provide information on the following points in its next report.

1. Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. The Committee notes the provisions of the Penal Code respecting various types of penalties which involve an obligation to work. It notes, on the one hand, that arduous work may be imposed within or outside the prison (section 45 of the Penal Code) and, on the other hand, that "relegation" may be undertaken in a work establishment or an agricultural colony (section 77). The Committee requests the Government to indicate the guarantees that are provided to ensure that persons who are placed in such work establishments or agricultural colonies are not hired to or placed at the disposal of private individuals, companies or associations. It also requests the Government to provide information on the procedures for the placement in a work establishment set out in sections 70 and 79 of the Penal Code.

The Committee further notes that the system of "probationary release" (sections 71 and 87 of the Penal Code) is entrusted to private institutions recognized by the State. With reference to paragraphs 97 to 101 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that, under the terms of the Convention, prison work must be carried out under the supervision and control of a public authority and the prisoner must not be hired to or placed at the disposal of private individuals, companies or associations. The Committee therefore requests the Government to take the necessary measures to bring its legislation into conformity with the Convention on this point. It also requests the Government to provide copies with its next report of the regulations issued under the Penal Code and the prison regulations.

2. Article 25. The Committee notes the Government's indications in its report concerning section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of personal freedom. It requests the Government to indicate in its next report whether there is a provision in the national legislation making the illegal exaction of forced or compulsory labour punishable as a penal offence and, if not, to indicate the measures which have been taken or are envisaged to give effect to this Article of the Convention.

3. Article 2. The Committee would be grateful if the Government would provide with its next report a copy of Decree No. 102 of 16 September 1983 respecting compulsory military service. Please also provide information on the conditions governing the resignation of career military officers and persons employed in the public service.