Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

In the comments that it has been making for many years, the Committee has drawn the Government's attention to a number of provisions that are contrary to the Convention and section 5 of the Labour Code, namely:

- section 260 bis of the General Code of Direct Taxes, which empowers the authorities to exact labour for the recovery of taxes. The Committee notes the Government's indication that section 982 of the new Tax Code retains the same provision as section 260 bis. The Committee requests the Government to take the necessary measures to ensure compliance with the Convention on this matter and asks it to provide a copy of the new Tax Code.

- section 2 of Act No. 14 of 13 November 1959, which empowers the authorities to exact forced labour for work of public interest from persons subjected to restrictions as to residence following the completion of their sentence. The Committee notes the Government's indications concerning the establishment of an inter-ministerial commission responsible for bringing the law into conformity with international labour standards. The Committee once again hopes that the Government will be in a position to report progress in this respect and that it will supply copies of the adopted texts.

- section 7(4) of Ordinance No. 2 of 27 May 1961 respecting the organization and recruitment of the armed forces, and sections 3 and 4 of Decree No. 9 of 6 January 1962 respecting the recruitment of the army, which permit the assignment of conscripts to work of general interest.

The Committee notes the Government's statement that these provisions were repealed by Ordinance No. 19/PR/MD-AC of 29 July 1972 (general conditions of service of military personnel), which was in turn repealed by Ordinance No. 006/PR/92 of 28 April 1992, issuing the general conditions of service of military personnel.

The Committee requests the Government to supply a copy of Ordinance No. 006/PR/92.