Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes that, in reply to its previous comments, the Government indicates that the texts on which it has commented are in the process of being revised so as to bring the national legislation into conformity with the Convention.

The Committee hopes that in its next report the Government will be able to indicate the measures taken in connection with the matters raised in its previous direct request which read as follows:

1. The Committee noted previously that by virtue of section 28 of Legislative Decree No. 57/85 of 3 June 1985 respecting the conditions of service of officers and non-commissioned officers in the People's Revolutionary Armed Forces, officers and non-commissioned officers may be relieved of their functions at their request, provided that they have completed at least ten years of actual service.

The Committee requested the Government to supply information on the measures taken or envisaged to ensure that persons who have voluntarily entered into an engagement have the right to leave the service in peacetime within a reasonable period, either at specific intervals or with previous notice, subject to the conditions that may normally be required to ensure the continuity of the service.

2. The Committee noted that by virtue of section 43 of Legislative Decree No. 25-88 of 26 March 1988 (general standards on the application of prison sentences) supplied by the Government, the General Directorate of Prison Services may authorize a prisoner, at the request of the director of the establishment, to exercise a remunerated occupational activity outside the prison and that section 44 of the same Decree provides that authorization for remunerated work for public works of community interest may also be given by the General Directorate of Prison Services, at the request of the public, central or local administration.

The Committee recalled that Article 2, paragraph 2(c), of the Convention requires that prison labour be carried out under the supervision and control of a public authority and prohibits prisoners from being hired to or placed at the disposal of private companies, either inside or outside the prison. As the Committee explained in paragraphs 97 and 98 of its 1979 General Survey on the Abolition of Forced Labour, the employment of prisoners by private employers is compatible with the Convention only if the persons concerned voluntarily accept it and it is subject to guarantees as to the payment of wages and social security, etc.

The Committee requests the Government to indicate whether it is envisaged that prisoners be able to give their consent to work carried out for private enterprises. It also requests it to supply information on the employment relationship between prisoners and these enterprises, and particularly the type of contract, the wages paid and coverage by social security.

The Committee also requests the Government to indicate whether the work of public interest referred to in section 44 is carried out by private enterprises.