Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes the information and legislation supplied by the Government in its report.

1. In its previous comment, the Committee noted that under article 34 of the Provisional Constitution, no person may be subjected to forced labour except in exceptional circumstances provided for by law and in return for compensation. The Committee notes the indication in the Government's report received in 1988 that no law had been promulgated setting forth exceptional circumstances under article 34. The Committee asks the Government to provide information in the future should there be a change in this situation, including a copy of any law providing for the imposition of forced or compulsory labour in exceptional circumstances.

2. The Committee notes the Government's indication that prisons and prisoners are under the control of the Public Ministry and that federal laws regulating penal establishments have not yet been formulated. The Government adds that only persons who have been sentenced to a penalty depriving them of their freedom are imprisoned. The Committee asks the Government to send, as soon as it is in a position to do so, copies of statutory or administrative instruments regulating the employment of prisoners in federal and emirate prisons; pending the adoption of such instruments, the Government is requested to indicate the practice followed in this regard.

3. Article 25 of the Convention. The Committee notes the Government's indication in its report that there are no sanctions in law for the illegal exaction of forced or compulsory labour in so far as such practices do not exist in the country and article 34 of the Constitution, referred to above, is deemed sufficient prohibition. The Committee observes that Article 25 of the Convention obliges ratifying States to make the illegal exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and are strictly enforced. Ratifying States, even if successful in abolishing forced labour, are not exempted from this obligation. Accordingly, the Committee hopes that measures will be taken to provide in law that the exaction of forced labour is punishable as a penal offence and to ensure that the penalties thus imposed are really adequate.