Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 2, paragraph 2(c), of the Convention. Sentence of compulsory work to be performed for private entities providing public services. The Committee takes note of section 55 of the Penal Code and section 56 of the Prisons Act, which deal with compulsory work performed in the public interest. According to section 55 of the Penal Code, persons sentenced to perform work in the public interest are required to accomplish a working week of from eight to 16 hours, at the places and times determined by the judge supervising the penitentiary, in public or private social establishments. Under section 56 of the Prisons Act, inmates are assigned to a public or private social entity by the judge responsible for overseeing the penitentiary and the execution of the penalty.

The Committee observes that a person sentenced to carry out work in the public interest may be required to perform work for private legal entities, and reminds the Government that Article 2, paragraph 2(c), provides expressly that a person convicted in a court of law may not be hired to or placed at the disposal of private individuals, companies or associations. The exception allowed by this provision of the Convention does not cover work performed for private social entities, even if they are non-profit-making. However, work may be performed for such entities if the inmate so requests or freely consents.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to ensure that persons sentenced to perform work in the public interest are not hired to or placed at the disposal of private individuals, companies or associations without their consent. It also asks the Government to provide information on the arrangements for supervision by the public authorities (judges responsible for penitentiary oversight, Probation and Release Department) of the execution of the penalty of work in the public interest. The Committee requests the Government to provide a list of the private social entities referred to in section 56 of the Prisons Act.