Solicitud directa (CEACR) - Adopción: 2000, Publicación: 89ª reunión CIT (2001)

The Committee notes the information provided by the Government in its report.

1.  Article 2, paragraph 2(c), of the Convention.  In its previous comments, the Committee noted the Government’s statement in the report that, according to the existing regulations, prison labour is not compulsory, but that convicted persons who wish to work are enabled to do so in accordance with their own capacities and the capacities of the penal institutions. The Government states in its latest report received in October 2000 that the new Act on Serving of Prison Sentences, which will enter into force on 1 January 2001, does not provide for an obligation of convicted prisoners to work; however, they are allowed to work on the basis of an employment contract. The Committee requests the Government to supply, with its next report, a copy of the new Act, so as to enable the Committee to ascertain its conformity with the Convention.

The Committee asks the Government once again to provide copies of the Law on Execution of Criminal Sanctions (currently in force) and the Regulations on Remuneration of Work of Sentenced Persons, as well as copies of employment contracts concluded for the work of convicted persons serving a prison sentence, to which the Government referred as enclosed to its latest report, but which have never been received in the ILO. In addition, please supply copies of the applicable regulations on the schedule of work, entrepreneurship in production units and the manufacturing and service activities.

2.  Article 2, paragraph 2(d).  With reference to its earlier comments concerning compulsory work in exceptional circumstances, the Committee requests the Government once again to provide a copy of the Decree on Acting under the Compulsory Work Order, 1994, which is mentioned by the Government as enclosed to the report, but was not received in the ILO.

3.  Article 25.  The Committee notes the Government’s statement in the report that section 128 of the new Penal Code of 1997, which has replaced the former section 51 of the old Penal Law concerning the illegal compulsion to act against a person’s will, is applicable to punishment of the illegal exaction of forced or compulsory labour. The Committee requests the Government to provide, in its future reports, information on any application of the new section 128 in practice.