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

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation, which read as follows:

Article 1(a), (c) and (d) of the Convention. Over a number of years the Committee has been referring to certain provisions of the Economic Penal Code, the Penal Code, the Agricultural Labour Code and the Press Act, under which prison sentences involving compulsory labour can be imposed as a means of political coercion or as a punishment for expressing views opposed to the established political system, and as a punishment for breaches of labour discipline and for the participation in strikes.

The Committee previously noted the Government’s repeated indications in its reports that a draft legislative decree amending certain provisions of the Penal Code so as to eliminate all obligation to perform prison labour, was being examined by the competent authorities. The Government indicated in its 2001 report that the draft legislative decree amending the Penal Code had been prepared by the Ministry of Justice in response to the economic and social developments witnessed by the country and to fulfil the request made by the Committee of Experts. The Committee noted from the Government’s explanations and from the text of the draft legislative decree received in the ILO in July 2001 that the terms "imprisonment with labour", "life imprisonment with hard labour" or "temporary hard labour" would be removed from the Penal Code. The Committee expressed the hope that, following the adoption of the draft legislative decree, persons convicted for activities coming under the purview of the Convention, and, in particular, persons convicted under the provisions referred to in the Economic Penal Code, the Penal Code, the Agricultural Labour Code and the Press Act, would no longer be under an obligation to perform labour, although they might be allowed to engage in work.

The Committee notes that the Government’s report received in August 2003 contains no new information concerning the adoption of the above draft legislative decree. The Government indicates that the Ministry of Social Affairs and Labour will set up a legal committee which will include representatives of a number of public bodies and employers’ and workers’ organizations to examine amendments in the Penal Code in order to bring it into conformity with the Forced Labour Conventions. While noting this indication, the Committee hopes that the Government’s next report will contain information on the progress made in the adoption of the draft legislative decree referred to above and on any other measures taken in order to bring the legislation into conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.