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

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

In comments made for a number of years, the Committee referred to various provisions of the Penal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. The Committee had requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention. The Committee has also repeatedly requested the Government to supply information on the practical application of a number of legislative provisions. For many years the Government has indicated in its reports that these matters were under consideration. In its report for 1983-85, the Government stated that the Tripartite National Advisory Committee on Labour was reconstituted on 23 July 1985 and would give serious consideration to the Committee's observations. According to the Government's latest report, received in November 1988, the same body was still being reconstituted and comments would be promptly dealt with as soon as it resumed sitting. In a report received in June 1988, the Government also indicated that information had been requested from various public authorities. The Committee is aware that not only the supply of information requested on the application of certain legislative provisions, but also many of the amendments required to bring national legislation into conformity with the Convention call for the co-operation of a number of national authorities not normally concerned with labour matters. As, however, the Committee's comments on most of the points at issue have been known to the Government for many years, the Committee trusts that the necessary concrete action will at last be taken, and that the Government will soon provide detailed information both on the measures taken to bring national legislation into conformity with the Convention and on the application in practice of provisions again listed in a request addressed directly to the Government.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.