Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee notes the information supplied by the Government in its report, as well as the comments made by the National Trade Union Federation (NTUF) on the application of the Convention.

Article 2(2)(d) of the Convention. Emergency regulations. For many years, the Committee has been commenting on the state of emergency declared on 20 June 1989 under the Public Security Ordinance, 1947, and the powers of the President under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulation (adopted in 1989 and revised in 1994, 2000, 2005 and 2006). The Committee recalls, referring to paragraphs 62–64 of its General Survey of 2007 on the eradication of forced labour, that recourse to compulsory labour under emergency powers should apply only in restricted circumstances where a calamity or threatened calamity occurs, and the legislation governing that issue should clearly set forth that the power to exact compulsory labour is limited in extent and duration to what is strictly required to cope with the said circumstances.

The Committee has noted the Government’s statement that the civil war, which previously necessitated such emergency regulations, had ended in May 2005. However, the Government adds that, in this post-conflict period, it is too early to lift the emergency regulation in the interests of public security, protection of public order and the maintenance of supplies and services essential to the life of the community. The Government additionally indicates that it has not engaged in practices which would be tantamount to forced labour within the context of the Convention.

While noting this information, the Committee firmly hopes that the Government will take action without delay to bring legislation into conformity with the Convention, and that the Government will report the progress made in this regard.

Articles 1(1) and 2(1). Compulsory public service. In its previous comments, the Committee has referred to sections 3(1), 4(1)(c) and 4(5) of the Compulsory Public Service Act, No. 70 of 1961, under which compulsory public service of up to five years may be imposed on graduates. The Committee has noted the Government’s repeated statement in its reports, including its latest report, that no prosecutions under the Act have been reported so far. The Government also indicates that the decision to repeal the Act is under consideration by the Ministry of Public Administration and Home Affairs. The Committee expresses the firm hope that the Compulsory Public Service Act will be repealed in the near future and the legislation will be brought into compliance with the Convention and the indicated practice. It asks the Government to provide in its next report information on the progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.