Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Líbano (Ratificación : 1977)

Otros comentarios sobre C029

Observación

Solicitud directa

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Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In its earlier comments, the Committee referred to Legislative Decree No. 102 of 16 September 1983, which establishes the law on national defence, and noted that section 51 respecting the status of volunteer officers includes provisions under which officers may, under certain enumerated conditions, resign from service upon submitting a request, but in some cases only “if the request is accepted”.

The Committee pointed out, referring also to the explanations contained in paragraphs 47, 96 and 97 of its 2007 General Survey on the eradication of forced labour, that career military servicemen who have voluntarily entered into an engagement cannot be denied the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure continuity of the service.

The Committee notes the Government’s indication that the Ministry of Labour received the required information from the Ministry of Defence, specifying that volunteer officers may terminate their contract upon request or in the event of force majeure. The Government also points out that, according to section 105 of Legislative Decree No. 102 of 16 September 1983, which establishes the law on national defence, the volunteer normally signs up for a period of one year which is renewable five times. He may submit his request to resign, without any restrictions, at the end of his year of commitment. He may also resign during the year for which he has signed up for personal reasons.

Noting these explanations, the Committee requests the Government to provide in its next reports information on any volunteer officers’ requests to resign that have been refused and the criteria for refusing such requests.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its earlier comments, the Committee noted that, under section 52 of Decree No. 14310/K of 11 February 1949 pertaining to prison regulations, persons sentenced to detention or to imprisonment may only be required to work outside the prison with their consent. The Committee requested the Government to provide information on the practical application of this provision, as well as on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (section 87 of the Penal Code).

The Committee notes the Government’s indication that the consent of prisoners is not required when they work inside prison establishments (section 117 of the Prison Regulations).

The Committee once again requests the Government to provide more detailed information on prisoners’ work outside prisons, in particular on the safeguards that exist to ensure that prisoners working for private employers give their formal, free and informed consent and work under conditions approximating a free employment relationship. The Committee also asks the Government to provide information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release, under section 87 of the Penal Code.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of their personal freedom, applies to the illegal exaction of forced or compulsory labour. It requested the Government to provide information on any legal proceedings which had been instituted to enforce section 569 as applied to forced or compulsory labour and on the penalties imposed, including copies of any relevant court decisions. The Committee also noted that section 8(3)(a) of Decree No. 3855 of 1 September 1972 provides that it shall be forbidden to impose forced or compulsory labour on any person, and sought information on any criminal penalties which may be imposed under this provision.

The Committee notes the Government’s indication that no information on any legal proceedings instituted for the violation of both section 569 of the Penal Code and section 8(3)(a) of Decree No. 3855 of 1 September 1972 stipulating the prohibition on recourse to forced labour is available. While noting these indications, the Committee asks the Government to provide the requested information as soon as it is available.