Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Legislation concerning destitute persons. For many years the Committee has been referring to certain provisions of the Destitute Persons Act, 1989, under which destitute persons may be required, subject to penal sanctions, to reside in a welfare home (sections 3 and 16) and to engage in any suitable work for which the medical officer of the home certifies them to be capable, either with a view to fitting them for employment outside the welfare home or with a view to contributing to their maintenance in the welfare home (section 13).

The Committee points out once again that the imposition of labour under the Destitute Persons Act, 1989, comes under the definition of “forced or compulsory labour” in Article 2(1) of the Convention, and that the Convention makes no exception for labour imposed “in the context of rehabilitation” of destitute persons.

The Committee has noted the Government’s repeated indications in its reports that, in practice, residents in the welfare home are not compelled to work and are only assigned chores after they have given their written consent; they also receive payment for their participation. While noting these indications, the Committee drew the Government’s attention on several occasions to the necessity to bring the legislative provisions into conformity with the Convention, so as to ensure compliance both in law and in practice.

The Committee previously noted the Government’s statement in its 2006 report that it would be reviewing the necessity to amend section 13 of the Act to better articulate the voluntary nature of the activity, and that this exercise was expected to be completed in 2008. However, the Committee notes from the Government’s latest report that there has been no developments in this field during the reporting period.

The Committee reiterates the firm hope that section 13 of the Act will at last be amended so as to provide clearly that any work in a welfare home is to be performed voluntarily, thus bringing the abovementioned legislation into conformity with the Convention and the indicated practice, and that the Government will soon be in a position to provide information on the progress achieved in this regard.