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

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Articles 1(1) and 2(1) of the Convention. Compulsory public service. The Committee previously noted the Government’s repeated statement in the report that the Compulsory Public Service Act, No. 70 of 1961, sections 3(1), 4(1)(c) and 4(5), imposing on graduates compulsory public service of up to five years, had led to no prosecutions. It expressed the hope that the necessary measures would be taken to amend or repeal the Act, in order to bring the legislation into compliance with the Convention. The Committee has noted from the Government’s 2002 report that this matter was also addressed under the plan of action recommended at the abovementioned workshop relating to the promotion of ratification of Convention No. 105 and the tripartite committee appointed to follow up its recommendations was looking into the matter. The Committee hopes that the Government’s next report will contain full information on the developments in this area.

Article 2(2)(d). Emergency regulations. In its earlier comments the Committee referred to the state of emergency declared on 20 June 1989 under the Public Security Ordinance, 1947, and the powers of the President under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 1989. Referring to paragraph 36 of its General Survey of 1979 on the abolition of forced labour, the Committee pointed out that recourse to compulsory labour under emergency powers should not only be limited to circumstances which would endanger the existence or well-being of the whole or part of the population, but that it should also be clear from the legislation that the power to exact labour is limited in extent and duration to what is strictly required to cope with the said circumstances. The Committee has noted from the Government’s report that this matter was looked into in a tripartite workshop held with the assistance of the ILO to promote ratification of the Abolition of Forced Labour Convention, 1957 (No. 105), and that a tripartite committee including secretaries of the ministries concerned was appointed to follow up its recommendations. The Committee hopes that the necessary measures will be taken in the near future in order to bring the legislation into conformity with the Convention on this point and that the Government will report the progress made in this regard.

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