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

The Committee notes the Government's report.

1. Prison labour. The Committee noted previously that section 23 of Act No. 144/AN/80 of 16 September 1980 to issue the Prison Code, provides that the work of prisoners shall be organized by the prison administration and section 24 of the Act provides that prisoners may be employed by the public services or by private undertakings, though the work carried out for private undertakings must be performed on the prison premises.

The Committee pointed out that the provisions of Article 2, paragraph 2(c), of the Convention expressly prohibit a person from whom work is exacted as a consequence of a conviction in a court of law from being hired to or placed at the disposal of private individuals, companies or associations. This applies not only to work performed outside the penitenary establishment but also to work performed inside the prison for private undertakings. The only work which can be considered as exempt from this prohibition is work carried out in conditions of a free labour relationship. This necessarily requires the formal consent of the person concerned and the corresponding safeguards in respect of wages enabling such work to be assimilated to a free labour relationship.

The Committee notes the Government's statement in its last report that it is not possible to provide information on measures taken to bring prison legislation into line with the provisions of the Convention because the Labour Code is currently being updated.

The Committee requests the Government to indicate in its next report how work performed for private enterprises on prison premises is organized, with particulars of the activities of the prisoners working for such enterprises, and to provide samples of the contracts used along with the rules governing prisoners' wages or pay.

The Committee hopes that the Government will also report on progress made in bringing the legislation into conformity with the Convention.

2. With reference to its previous comments on freedom to leave the service of the State, the Committee asks the Government to provide a copy of Act No. 48/AN/83 of 26 June 1983 concerning the Conditions of Service in the Public Service and Decree No. 89-062/PRE of 29 May 1989 concerning the Conditions of Service of Public Servants, as well as Decree No. 88-043/PRE of 31 May 1988 issuing the General Conditions of Service of Servicemen, and Decree No. 88-044/PRE of 10 May 1988 issuing the Conditions of Service of Officers.