Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Repetition

Article 2(2)(d) of the Convention. Cases of emergency. In its previous comments, the Committee requested the Government to indicate what guarantees are provided to ensure that the powers to call up labour in cases of emergency are limited to what is strictly required. The Government indicates in its report the adoption of the Employment and Industrial Relations Code (EIRC) by the Parliament, according to which under section 121(b) forced or compulsory labour does not mean: “Any work or service exacted in case of emergency, that is to say, in the event of a war, or of a calamity or threatened calamity such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests and in general any circumstances that would endanger the existence or the well-being of the whole or part of the population, provided that such work shall be limited to that strictly required by the exigencies of the situation and shall cease as soon as the circumstances endangering the population or its normal living conditions no longer exist.” The Committee takes due note of the new provisions on the limits to work exacted in cases of emergency and notes the technical assistance of the Office in the framework of the Decent Work Country Programme. Noting the Government’s indication that the EIRC will be implemented at a later stage as the Parliament has not yet assented to it, the Committee requests the Government to indicate the progress achieved in this regard.

Article 2(2)(e). Minor communal services. For several years, the Committee has been drawing the Government’s attention to the practical effects given to section 74(c) of the Employment Ordinance and its compatibility with the Convention. The Committee asked the Government to provide information on the exaction of minor communal services including the duration of the work carried out, the number of persons concerned and how consultations of the members of the community concerning the needs for such services are carried out. The Government indicates in its report that there are no written policies governing the community services. The need for such services is decided by the Mwaneaba (Traditional Community Meeting House) system. In practice, the Mwaneaba decides on the members of the community who are consulted, on the task and its duration. The Government refers to the adoption of the EIRC by the Parliament and the new provision on minor communal services in section 121-1-c: “unpaid labour on minor communal works that are reasonably required as part of reasonable and normal communal or civic obligations, provided that members of the community concerned must be consulted in regard to the need for such works, prior to any obligation imposed on a person to undertake them”. The Committee takes due note of this new provision. Noting the Government’s indication that the EIRC will be implemented at a later stage as the Parliament has not yet assented to it, the Committee requests the Government to indicate the progress achieved in this regard. Please provide information on the type of communal works and their duration within the Mwaneaba system.

Article 25. Penalties for the exactions of forced labour. In its previous comments, the Committee requested the Government to provide information on any measures taken with a view to preventing, prosecuting and punishing cases of forced labour including capacity-building and awareness-raising activities targeted at both law enforcement officials and the population in general. The Government indicates that there has been no reported case for the offence punishable under the section 75 of the Employment Ordinance (forced labour punishable by a fine of $250,000 and life imprisonment). The Committee takes note of the information provided. The Committee requests the Government to provide information on the application in practice of section 75 of the Employment Ordinance 1998 and section 42 of the Measures to Combat Terrorism and Transnational Organised Crime Act 2005, which criminalize trafficking in persons, or on any judicial decision in this regard. Please also provide information on any measures taken to prevent the occurrence of these practices, and to strengthen the capacity of law enforcement bodies.