Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Article 2(2)(b) and (e) of the Convention. Work imposed in the context of the national service for participation in development. For many years, the Committee has been emphasizing the need to amend or repeal Act No. 73-4 of 9 July 1973 instituting the national service for participation in development, which allowed the imposition of work in the general interest on citizens aged between 16 and 55 years for 24 months, with penalties of imprisonment for refusal. The Committee notes that this Act was repealed by Act No. 2007/003 of 13 July 2007 establishing the national civic service for participation in development. The Committee notes with satisfaction that participation in work in the general interest in now on a voluntary basis. The Committee refers to its direct request, in which it asks the Government to provide information on the effect given to this Act in practice.

Article 2(2)(c). Hiring of prison labour to private associations. For many years, the Committee has been requesting the Government to take the necessary measures to supplement the legislation respecting the prison system (firstly Decree No. 73-774 of 11 December 1973, and then Decree No. 92-052 of 27 March 1992) by a provision requiring the formal consent of detainees who are hired to private enterprises and individuals. The Committee notes the Government’s confirmation that Order No. 213/A/MINAT/DAPEN, of 28 July 1988, is still in force. This Order establishes a number of conditions respecting the use and rates for the hiring of prison labour, including the cost of the daily allowance for a manual worker and a technician, and the surveillance costs. The Government adds that for the time being no text issuing regulations under Decree No. 92‑052 respecting the prison system has been adopted and that at a later date it will provide an opinion in writing by the Directorate of Prison Affairs.

The Committee recalls that, in a captive environment, it is necessary to obtain prisoners’ formal consent to work in cases where such work is performed for private enterprises. The Committee has also considered that there need to be indicators which authenticate or satisfy the giving of free and informed consent, and that the most reliable indicator of the voluntary nature of labour is that the work is performed under conditions which approximate a free labour relationship. The Committee hopes that the Government will take all the necessary measures to adopt in the very near future the implementing texts of the Decree respecting the prison system and that they will explicitly provide that convicts shall formally give their consent to any work performed for the benefit of private individuals, companies or associations, and will ensure conditions which approximate a free labour relationship, in terms of remuneration and occupational safety and health. The Committee requests the Government to provide information on any progress achieved in this respect.