Observación (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Compulsory community development work. The Committee previously noted the Government’s indication that Legislative Decree No. 1/16 of 29 May 1979, which established the obligation to carry out community development work under penalty of sanctions, had been replaced by Act No. 1/016 of 20 April 2005 organizing municipal administration. According to this Act, which aims at promoting the economic and social development of municipalities not only on an individual but also on a collective and unified basis, municipalities may cooperate through a system of inter-municipality, and it is up to the municipal council to establish the community development programme, monitor its implementation and carry out the evaluation thereof. The Act also provides for a regulatory text determining the organization, mechanisms and functioning of the “inter-municipality” system. The Committee noted that although the principle of community work was upheld in the Act, it did not explicitly provide for the voluntary nature of this work or establish the rules for participation in it. It also noted, according to information available on the Internet site of the Government and the national assembly, that community work seemed to be organized on a weekly basis and included work of reforestation, cleaning and the construction of economic and social infrastructure such as schools, colleges and health centres.

The Committee notes that the COSYBU submitted observations on the participation in and organization of compulsory community development work in 2008, 2012, 2013 and 2014. It stated that community work is decided upon unilaterally without the population being consulted and that the police are mobilized to close the streets and therefore prevent the movement of persons during this work. The COSYBU requested the Government to find a solution as soon as possible to ensure that the legislation specifically made a reference to the voluntary nature of participation in this work.

While noting that the Government previously indicated that the legislation does not provide for penalties to be imposed on persons who failed to carry out community work, the Committee observes that community work is carried out by the population without there being a text regulating the nature of this work or rules determining how this work might be required or the way in which it is organized. In these circumstances, the Committee once again expresses the hope that the Government will take the necessary steps to adopt the text applying Act No. 1/016 of 20 April 2005 organizing municipal administration, particularly with respect to the participation in and organization of community work, to ensure that the voluntary nature of participation in this work is explicitly set out in the legislation. Meanwhile the Committee asks the Government to provide information on the type and duration of the community work carried out and the number of persons concerned.

2. Compulsory agricultural work. For many years, the Committee has been requesting the Government to take the necessary measures to bring a number of texts providing for the compulsory participation in certain types of agricultural work into line with the Convention. It has stressed the need to set out in the legislation the voluntary nature of agricultural work resulting from obligations relating to the conservation and utilization of the land and the obligation to recreate and maintain minimum areas for cultivation (Ordinances Nos 710/275 and 710/276 of 25 October 1979), as well as the need to formally repeal certain texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953 and the Decree of 10 May 1957). Noting that the Government previously indicated that these texts, which dated from the colonial period, had been repealed and that the voluntary nature of agricultural work has now been set out in the legislation, the Committee asks the Government once again to send a copy of the texts that repeal the abovementioned legislation and set out the voluntary nature of agricultural work.