Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 2(2)(d) of the Convention. Recourse to compulsory labour under emergency powers. The Committee has noted a communication dated 11 August 2006, received from the Greek General Confederation of Labour (GGCL), which contained observations concerning the application by Greece of the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105). The Committee has noted that this communication was transmitted to the Government on 4 September 2006, for such comments that might be considered appropriate.

The GGCL alleged that, over the last 32 years, the Government has often resorted to civil conscription that under threat of severe penalties compels workers to terminate their strike action and return to work. The GGCL indicated, in particular, that the Government has issued, on 22 February 2006, a “Civil Mobilization Order” (requisition of workers’ services) of indefinite duration to put an end to a legal strike of seafarers on passenger and cargo vessels, which do not constitute essential services. According to the allegations, the legal ground for the civil conscription of workers on strike is Legislative Decree No. 17 of 1974 on “civil emergency planning”. The GGCL also indicated that the Panhellenic Seamen’s Federation (PNO), affiliated to the GGCL, together with the International Transport Workers’ Federation (ITF), has submitted a complaint on the above matter to the Governing Body Committee on Freedom of Association on 12 July 2006 (Case No. 2506).

The Committee recalls in this connection that, in its earlier comments addressed to the Government under the present Convention, it has been drawing the Government’s attention to certain provisions of Legislative Decree No. 17 of 1974 referred to above, under which the full or partial mobilization of civilians may be proclaimed, even in peace time, in any situation arising suddenly and resulting in a disturbance of economic and social life (section 2(5)). In such circumstances, all citizens may then be called upon to take part in work or to perform services under penalty of imprisonment (section 20(2) and (3), and section 35(1)) and labour legislation is suspended. The Committee referred to the provisions of Article 2(2)(d) of the Convention, under which recourse to compulsory labour in an emergency situation should be limited to circumstances that would endanger the existence or well-being of the whole or a part of the population, and pointed out that it should be clear from the legislation that the authority to exact labour may be used only within the above limits.

The Committee recalls that, in its earlier comments, it noted the Government’s repeated assurances that Legislative Decree No. 17 of 1974 would be revised after Parliament had adopted the Bill on civil defence dealing with questions of emergency arising from physical or technological causes. The Committee also noted the Government’s statement in its 1996 report that, with the adoption in October 1995 of Act No. 2344/95 on the organization of civil defence, which deals with questions of emergency arising from physical or technological causes and provides for the mobilization of groups of volunteers in emergency situations, there was no more problem of application of Legislative Decree No. 17 of 1974.

The Committee has noted that the Government’s reports on the application of Conventions Nos 29 and 105 received in October 2006 contain no reference to the observations by the GGCL. However, the Committee notes the report of the Governing Body Committee on Freedom of Association concerning Case No. 2506 referred to above (Report No. 346, Vol. XC, 2007, Series B, No. 2), in which the Committee takes note of the Government’s indication that the Ministry of National Defence is elaborating a draft law with a view to partly or wholly abrogating Legislative Decree No. 17 of 1974. The Committee on Freedom of Association has also noted with interest that, according to the Government, pursuant to recent legislative amendments (adoption of the Act concerning “Special Regulations of Migration Policy Issues and other issues under the competence of the Ministry of the Interior, Public Administration and Decentralization” which is awaiting publication in the Official Gazette), Legislative Decree No. 17 of 1974 will only apply in times of war. As for requisition in times of peace, section 41 of the new Act provides that the requisition of personal services is possible only in case of emergency, i.e. “every sudden situation requiring the taking of immediate measures to face the country’s defensive needs or a social emergency against any type of imminent natural disaster or emergency that might endanger the public health”.

While noting this information, the Committee hopes that the necessary measures will be taken in the near future in order to formally repeal Legislative Decree No. 17 of 1974 or amend it by specifying clearly that recourse to compulsory labour under emergency powers is strictly limited to circumstances endangering the existence or well-being of the whole or a part of the population, so as to bring legislation into conformity with the Convention on this point. The Committee asks the Government to provide, in its next report, information on the progress made in this regard.