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

The Committee notes with interest the information provided by the Government in its first and second reports 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 1, paragraph 1, and Article 2, paragraphs 1 and 2(a), of the Convention. The Committee notes that article 48 of the Constitution excludes compulsory military service or alternative service from the prohibition of forced labour. It would be grateful if the Government would indicate what guarantees are provided to ensure that work exacted during compulsory military service is for purely military ends. Please also provide information on provisions applicable to military officers and other career service personnel, as regards their right to leave the service at their own request in time of peace, either at certain reasonable intervals or by means of notice of reasonable length. Please supply a copy of the Law on the National Defence Service referred to in the Government's first report.

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 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 notes the Government's statement in its first report that prison labour is exacted from convicts as a consequence of a conviction in a court of law and is carried out in the penitentiary institutions under the supervision of the Ministry of Internal Affairs. Please indicate what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also supply a full updated text of the Correctional Labour Code.

Article 2, paragraph 2(d). The Committee notes that article 48 of the Constitution excludes from the definition of forced labour any work exacted in cases of emergency. The Committee would be grateful if the Government would indicate, in its next report, whether any special legislation concerning a state of emergency has been adopted, and if so, supply a copy. Please state 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 ceases 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 statement in its first report that no legal proceedings have been instituted as a consequence of the application of this Article. Please indicate provisions imposing penal sanctions for the illegal exaction of forced or compulsory labour and furnish information, in future reports, on any such proceedings which may have been instituted and on any penalties imposed.