Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

Trafficking in persons. Referring to its 2000 general observation concerning trafficking in persons, and in the absence of the Government’s response to this general observation, the Committee again requests the Government to provide, in its next report, information on measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation.

Article 2(2)(c) of the Convention. Work of prisoners for private individuals or companies. The Committee previously noted the provisions of the Imprisonment Act, of 14 June 2000, under which prisoners may work for private individuals or companies, both outside prison premises and within the territory of a prison, only with their consent (sections 37(5), 38(3) and 41). It also noted that remuneration of a working prisoner is calculated on the basis of the current minimum wage, the nature of the work and the amount of time actually worked by the prisoner (section 43(2)).

The Committee takes note of the information supplied by the Government concerning the organization of prisoners’ work for private individuals or companies inside prison premises and, in particular, the Government’s indication that conditions of work of prisoners must correspond to the occupational safety and health requirements applicable outside the prison. The Committee requests the Government to indicate, in its next report, the social security provisions applicable to prisoners working for private individuals or companies within the territory of a prison and to provide copies of the relevant texts.

Article 25. Penal sanctions. The Committee previously noted the provision of the new Penal Code which makes punishable with imprisonment “placing a human being, through violence or deceit, in a situation where he or she is forced to work or perform other duties against his or her will for the benefit of another person” (section 133 (“Enslaving”)). It notes the Government’s indication in the report that only one legal proceeding was instituted under this section in 2003. The Committee would appreciate it if the Government would provide information on the results of this legal proceeding, indicating a penalty imposed, as well as the information on any other proceedings which might have been instituted under this section, in connection with the illegal exaction of forced or compulsory labour, supplying copies of the relevant court decisions.