Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes that the Government's report has not been received. It notes that the 1985 Constitution has been suspended and that the state of emergency is still in force, and it refers to its observation under Convention No. 105.

Article 25 of the Convention. 1. In previous comments the Committee took note of information received by the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities in 1988 from the Anti-Slavery Society for the Protection of Human Rights (Anti-Slavery International) (UN document E/CN.4/Sub.2/AC.2/1988/7/Add.1) concerning allegations of capture and trade in slaves arising in the context of civil unrest in the country. The Committee requested the Government to supply detailed comments on these allegations, and to indicate all measures taken to ensure that penalties imposed by law for the exaction of forced labour are really adequate and are strictly enforced.

The Committee noted the discussion which had taken place in the 1989 Conference Committee, the most recent report of the Government, and further information received by the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities in 1988 and 1989 (UN documents E/CN.4/Sub.2/1988/32 and E/CN.4/Sub.2/1989/39.

A representative of the Government stated to the Conference Committee in June 1989 that in his country any form of exploitation or forced labour was prohibited by law.

The Committee notes that the report of the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities (document E/CN.4/Sub.2/1991/41 of 19 August 1991) refers to information concerning children kept in slavery and used as domestic servants.

The Committee asks the Government to supply information on the measures taken pursuant to the provisions of the Penal Code to punish recourse to forced labour. The Government is asked to indicate in particular the number of cases in which persons have been prosecuted or punished for the exaction of forced labour in recent years and the penalties imposed on those found guilty.

The Committee hopes that the Government will do everything in its power to take the necessary measures to ensure full compliance with the provisions of the Convention.

2. The Government referred in its previous report to sections 311 to 313 of the Penal Code of 1983 prescribing penalties for recourse to forced labour.

The Committee has been informed that a new Penal Code was promulgated in 1991. It asks the Government to supply the text thereof.