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

For several years, the Committee has been drawing the Government's attention to the provisions of section 2, subsection 5, of Legislative Decree No. 17 of 1974 respecting civilian planning for a state of emergency. By virtue of this section, a state of emergency includes any situation arising suddenly and resulting in a disturbance of the economic and social life of the country, in which circumstances the Prime Minister may proclaim full or partial mobilisation of civilians even in peacetime. All citizens may then be called upon to take part in work or the performance of any kind of services, on pain of imprisonment (section 20, subsections 2 and 3, and section 35, subsection 1). In such cases, the application of labour legislation is suspended.

The Committee had taken note of the conclusions of the Committee set up by the Governing Body to examine the application of Conventions Nos. 29 and 105, following a representation made under article 24 of the ILO Constitution.

The Committee set up by the Governing Body observed that the service required of the pilots and engineers who had been mobilised and some of whom had been penalised for not having responded to the individual call-up, was not covered by the exception provided for cases of emergency as defined by Article 2, paragraph 2(d) of Convention No. 29. The Committee had also observed that the call-up of pilots and flight engineers appeared to be a means of labour discipline and a punishment for having participated in a strike that was punishable with sentences of imprisonment involving compulsory prison labour, contrary to Article 1(c) and (d) of Convention No. 105. It recommended that the Government be invited to ensure that the legislation, and particularly Legislative Decree No. 17 of 1974, be brought into conformity with the forced labour Conventions and that any judicial or administrative action that may lead to the imposition of the sanctions laid down in the above Legislative Decree on those concerned should be abandoned.

The Committee notes that, in its report, the Government reiterates its former statements that the responsible Ministry has initiated revision of Legislative Decree No. 17 of 1974. It requests the Government to provide information on the measures taken to ensure observance of the forced labour Conventions. [The Government is asked to report in detail for the period ending 30 June 1990.]