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

Articles 1(1) and 2(1) of the Convention. Freedom of career military servicemen to terminate their service. The Committee previously noted that officers of the regular force or regular force reserve do not have the right to resign their commission, but may be allowed by the President to do so, under section 11 of the Air Force Act 1949, the Navy Act 1950, and the Army Act 1949. The Committee also noted that, under section 10, every officer shall hold his appointment “during the President’s pleasure”. The Committee recalled that, under the Convention, career military servicemen should not be denied the right to leave the service, in time of peace, either at certain reasonable intervals or by means of notice of reasonable length, subject to the conditions which may normally be required to ensure the continuity of the service.

The Government reiterates in its latest report that the matter has been referred to the authorities concerned and that, after several years of civil war, the Government and the militants have entered into a peace process and the problem will have to be dealt with in that light. The Committee therefore expresses the firm hope that, in its next report, the Government will be able to provide information on measures taken or envisaged in order to bring the statutory provisions governing the resignation of officers in time of peace into conformity with the Convention.

Article 2(2)(c). Prison labour. In its earlier comments, the Committee noted that a work release scheme (in operation since 1974) allowed the employment of prisoners outside prison premises, and that prisoners were employed inside and outside the prisons under private contractors for the purpose of constructing prison buildings and for the related maintenance work. The Committee notes the Government’s indication in its latest report that, at present, employment of prisoners by private employers is not taking place, but normally, when prisoners are employed outside the prison in work release schemes, their consent is obtained in writing and they receive normal wages and work like normal wage earners. While noting these indications, as well as the Government’s statement in the report that no agreements with private contractors on employment of prisoners are available at the moment, the Committee would appreciate it if the Government would provide copies of the rules or regulations governing the work of prisoners under private contractors, as well as the form of consent to be signed by the prisoners. Please also supply copies of agreements concluded by prison authorities with private users of prison labour, if and when such agreements are available.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee has noted with interest the adoption of the Penal Code (Amendment) Act (No. 16 of 2006) which introduced provisions punishing the offence of trafficking in persons (new section 360C), as well as the offences of debt bondage or serfdom, slavery and the exaction of forced or compulsory labour (new section 358A), with heavy penalties of imprisonment. The Committee asks the Government to provide information on any legal proceedings which have been instituted as a consequence of the application of these provisions, supplying copies of the relevant court decisions and indicating the penalties imposed, as well as the information on measures taken to ensure that these provisions are strictly enforced against perpetrators, as required by Article 25 of the Convention. Please also provide information on any measures taken or contemplated to combat trafficking in persons for the purpose of exploitation, supplying copies of any relevant reports, studies and inquiries and including available statistics concerning human trafficking.