Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee notes with regret that no report has been received from the Government for the third year in succession. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 2, paragraph 2(a), of the Convention. The Committee has noted that section 8 of the new Labour Code of 1997 excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It has also noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended on 1 August 1997) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee would be grateful if the Government would provide, in its next report, information on provisions governing such alternative (non-military) service. Please indicate, in particular, whether the law on alternative (non-military) service referred to in section 1 of the abovementioned Act has been adopted and, if so, please supply a copy.

Article 2, paragraph 2(c). The Committee would be grateful if the Government would supply, with its next report, a copy of the Criminal Code of 21 May 1998 (No. 517), as well as copies of updated texts of the Correctional Labour Code and any other texts of laws or regulations in force concerning prison labour. Please indicate whether prison labour must be in all cases performed in prisons or in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

Article 2, paragraph 2(d). The Committee has noted the provisions of the Constitution concerning a state of emergency and, in particular, that the legal regime of a state of emergency is determined by a constitutional law (article 47). It would be grateful if the Government would indicate, in its next report, whether such a constitutional law has been adopted and, in the affirmative, supply a copy of its text. Noting that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8 of the new Labour Code of 1997, the Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee has noted the Government’s general statement in its first report that sanctions for the illegal exaction of forced or compulsory labour are provided for in the Criminal Code. The Committee would be grateful if the Government would indicate, in its next report, any penal provisions applicable in case of the illegal exaction of forced or compulsory labour. Please also furnish information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

2. Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.