Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. For more than 20 years, the Committee has been drawing the Government's attention to the provisions of Act No. 73-4 of 9 July 1973 instituting the National Civic Service for Participation in Development which allows the imposition of work in the general interest on citizens aged between 16 and 55 years for a period of 24 months on pain of imprisonment for two to three years in the event of refusal. In the light of the explanations given in paragraph 52 of the General Survey of 1979 on the abolition of forced labour, the Committee requested the Government to take the necessary legislative or regulatory measures to enforce the principle that only volunteers should perform civic service.

2. The Committee has noted with interest the dissolution of the National Office of Participation in Development by Decree No. 90/843 of 4 May 1990, and the statements made by a Government representative to the 1990 Conference according to which Act No. 73-4 was being amended. In its reports of 1994 and 1996, the Government stated that the legislation in question had not yet been repealed.

3. The Committee draws the Government's attention to the fact that, while the dissolution of the ONPD was an important step towards implementation of the Convention, repeal or amendment of the 1973 Act is still necessary to bring legislation into line with practice and to give full effect to the Convention. It therefore expresses the strong hope that the Government will take the necessary measures in the very near future to bring its legislation into conformity with the provisions of the Convention and that it will provide information on any progress made in this regard.

Article 2, paragraph 2(e), of the Convention. 4. In its previous comment, the Committee noted that, under the terms of section 2, paragraph 5(b), of Act No. 92/007 of 14 August 1992 promulgating the new Labour Code, the term "forced or compulsory labour" does not cover any work or service of general interest which forms part of the civic obligations of the citizens as defined in laws and regulations, and requested the Government to provide a copy of the provisions which defined citizens' civic obligations.

5. The Committee notes that the Government's report contains no reply on this point. It again expresses the hope that the Government will provide the information requested, in particular with regard to the regulations or legal provisions which define or relate to citizens' civic obligations, so that it may be assured that work or service done in the general interest as part of these normal civic obligations conforms to the terms of the Convention (force majeure, compulsory military service) or the terms indicated by the Committee in paragraph 34 of its 1979 General Survey (jury service, assistance to persons in danger, etc.).

Article 2, paragraph 2(c). 6. The Committee has for many years referred to the provisions of Decree No. 73-774 of 11 December 1973, concerning the prison regime which permits the transfer of prison labour to private enterprises and individuals, and has requested the Government to take steps to prohibit this practice. In its previous reports, the Government indicated that, in practice, no such hiring of prison labour to individuals or private companies was possible without the prior consent of the prisoners themselves. The Committee also noted the statement by the Government representative to the 1990 Conference, which drew attention to measures adopted by the Ministry of Territorial Administration to prevent prison labour from being hired to or placed at the disposal of private individuals or companies. It expressed the hope that the Government would provide information on the measures that had been adopted in this regard. In its last report received in 1996, the Government states that no new provisions have been adopted and that it would not fail to provide information on any action taken along the lines hoped for by the Committee.

7. On the basis of the explanations given in paragraphs 97 to 101 of the 1979 General Survey, which specify the conditions under which private companies may use prison labour (prisoners' consent and guarantee of salary and social security), the Committee again requests the Government to provide information on any measures that have been taken, in particular those adopted by the Ministry of Territorial Administration, or to take the necessary legislative or regulatory measures in the very near future to ensure that prisoners will not be placed at the disposal of private individuals or companies except under conditions of a free employment relationship.

8. In addressing the above matters, the Government might wish to have recourse to the Office's technical advice.