Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

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, under which the full or partial mobilization of civilians may be proclaimed, even in peace time, in any situation arising suddenly and resulting in a disturbance of the economic and social life of the country. All citizens may then be called upon to take part in work or to perform services under penalty 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 drew the Government's attention to the provisions of Article 2, paragraph 2(d), of the Convention and the explanations set out in paragraphs 63 to 66 of its General Survey of 1979 on the abolition of forced labour, in which it indicates that recourse to compulsory labour under emergency powers should be limited to circumstances which endanger or are liable to endanger the existence or well-being of the whole or a part of the population, and that in order to avoid any uncertainty as to the compatibility of national provisions with the applicable international standards, it should be clear from the legislation itself that the power to exact labour can only be invoked within the above limits.

The Committee notes the information supplied by the Government in its report to the effect that Legislative Decree No. 17 of 1974 will be revised once Parliament has adopted a Bill on civil defence dealing with questions of emergency arising from physical or technological causes.

The Committee hopes that the Government will provide a copy of the Bill as soon as it has been enacted together with information on the measures adopted to ensure observance of the Convention.