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

The Committee notes that the information supplied by the Government on the impact that the earthquake which took place last August in its country has had on its capacity to submit its reports. 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 matters raised in its previous direct request, which read as follows:

1. Prison labour for private enterprises. The Committee previously requested the Government to provide information on the measures adopted or envisaged to guarantee that convicts can give their consent to perform the work for private individuals, and on the conditions of work for private enterprises.

The Committee notes the information provided by the National Prison Institute, transmitted by the Government in its report, to the effect that any work activity in prison has to be carried out with the explicit consent and acceptance of the prisoners, as a specific request is required from the prisoners concerned.

With regard to conditions of work, the Committee requests the Government to provide information on the remuneration received by prisoners when they perform the work for private enterprises.

2. Performance of community service. The Committee notes section 34 of the Penal Code and section 119 of the Code for the Execution of Sentences respecting the penalty of community service. In this respect, the Committee observes that a person sentenced to penalty of community service may be compelled to work for private individuals or associations. It recalls that Article 2, paragraph 2(c), of the Convention explicitly prohibits the hiring or placing at the disposal of private individuals, companies or associations of persons convicted in a court of law. The exception provided for in this provision of the Convention does not extend to work performed for private entities, even where such entities are non-profit-making. Nevertheless, sentences of work for such entities may be imposed if the convicted person so requests or freely gives her or his consent.

The Committee notes that Act No. 27030 established the Register of Receiving Entities for the performance of community service and that inclusion in the Register takes place at the request of the entities concerned. The Register has to contain information indicating the activities carried out by such entities and the kind of work to be performed.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to ensure that persons who are sentenced to perform community service are not hired to or placed at the disposal of private individuals, companies or associations without giving their consent. The Committee requests the Government to provide the list of private social utility entities (“receiving entities”) referred to in section 34 of the Penal Code, section 119 of the Code for the Execution of Sentences and section 4 of Act No. 27030.