Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points:

Article 2, paragraph 2(a), of the Convention. The Committee notes that section 8 of the new Labour Code of 1997 excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It also notes that section 1 of the Act on the general military duties and on military service of 1993 (as amended on 1 August 1997) refers to a citizen's right to perform an alternative (non-military) service in accordance with the law. The Committee would be grateful if the Government would provide, in its next report, information on provisions governing such alternative (non-military) service. Please indicate, in particular, whether the law on alternative (non-military) service referred to in section 1 of the above-mentioned Act has been adopted and, if so, please supply a copy.

Article 2, paragraph 2(b). Please indicate any work or service (other than compulsory military service or work or service required in case of emergency) which may be exacted as normal civic obligations of the citizens and therefore excluded from the definition of "forced or compulsory labour" under this provision of the Convention.

Article 2, paragraph 2(c). The Committee would be grateful if the Government would supply, with its next report, copies of updated texts of the Criminal Code, Correctional Labour Code and any other texts of laws or regulations in force concerning prison labour. Please indicate whether prison labour must be in all cases performed in prisons or in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

Article 2, paragraph 2(d). The Committee notes the provisions of the Constitution concerning a state of emergency and, in particular, that the legal regime of a state of emergency is determined by a constitutional law (article 47). It would be grateful if the Government would indicate, in its next report, whether such a constitutional law has been adopted and, in the affirmative, supply a copy of its text. Noting that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8 of the new Labour Code of 1997, the Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee notes the Government's general statement in the report that sanctions for the illegal exaction of forced or compulsory labour are provided for in the Criminal Code. The Committee would be grateful if the Government would indicate, in its next report, any penal provisions applicable in case of the illegal exaction of forced or compulsory labour. Please also furnish information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.