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

The Committee notes that no report has not been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

1. In its previous comments, the Committee, with reference to Ordinance No. 83-127 of 5 June 1983 to reorganise public and private property, noted, among other matters, that by virtue of section 6, legitimately acquired collective rights devolve on all persons who have either participated in the initial improvements, or contributed to the upkeep and use of the property. The Committee once again requests the Government to supply information on the practical effect given to the provisions of the Ordinance, and in particular to section 6, and to supply the texts of implementing Decree No. 84-009 of 19 January 1984. It also requests the Government to supply information on any measures that have been adopted to support action to abolish slavery.

2. The Committee noted, from the Government's reply to the United Nations Human Rights Commission (document E/CN4/Sub.2/1987/27 of the Subcommission on the Prevention of Discrimination and the Protection of Minorities) of 17.7.1987), that the Government has established several structures intended to integrate former slaves into the various sectors of social and economic life. The Committee noted, in particular, the "food for work" (FFW) programme which, according to the paper, is already in action in several regions of the country and under which, in 1987, depots were opened in the capital for the benefit of approximately 10,000 persons. The Committee requests again the Government to supply detailed information on the organisation of the FFW structure, and particularly on the conditions of recruitment and work, the projects undertaken, the number of persons concerned, etc.

3. In its previous direct request, the Committee referred to the provisions of Decree No. 8-286 of 31 October 1980, governing the application of Ordinance No. 80-174 of 22 July 1980 on the organisation and conditions of service of the National Guard, and it requested the Government to indicate the criteria directing the choice of the administrative authorities in the acceptance or rejection of resignation requests and on the appeal procedures available against decisions to reject resignation requests. The Committee noted the information supplied by the Government in May 1986 according to which new provisions have incorporated the National Guard into the army. It again requests the Government to supply a copy of the conditions of service applicable to military personnel in the army and of the provisions incorporating the National Guard into the army.

4. With reference to its previous direct request concerning the provisions applicable to work performed by prisoners, the Committee noted Decree No. 70-152 of 23 May 1970 respecting the organisation, administration and supervision of prison establishments and Decree No. 70-153 of the same date issuing the internal rules of prison establishments, of which the Goverment supplied copies in May 1986, indicating that it planned to amend these texts, in view of the fact that Decree No. 70-153 provides in Chapter II, section 2, for the possibility of the hiring out of prison labour to private individuals, which is contrary to the provisions of Article 2, paragraph 2, of the Convention.

5. The Committee had noted the Government's intention with interest. It pointed out that Article 2, paragraph 2(c), of the Convention indeed requires prison labour to be carried out under the supervision and control of a public authority and forbids prisoners to be hired or placed at the disposal of private companies, both within and outside the prison. As the Committee explained in paragraphs 97 and 98 of 1979 General Survey on the Abolition of Forced Labour, the use of convicted persons by private employers would be compatible with the Convention only if it were subject to the consent of the prisoners concerned and to safeguards, particularly with regard to remuneration, social security, etc.

The Committee expresses again the hope that measures have been taken or are being taken, as the Government previously expressed the intention of doing, either to forbid prisoners being hired to or placed at the disposal of private individuals, companies or associations, or to ensure that the work of prisoners in the service of private individuals or associations is performed under the conditions of free work, that is, that it is subject to the consent of the prisoners concerned and to the existence of corresponding safeguards, particularly with regard to wages and social security. The Committee requests the Government to supply information on the measures that have been taken or are envisaged in this respect.