Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee has noted the information provided by the Government in reply to its earlier comments concerning the application of penal provisions regarding a sentence of community work. It notes, in particular, a provision of section 54(1) of the Penal Code, under which the replacement of a sentence of imprisonment with community work outside prison premises may be decided by the court only with the consent of the convicted person concerned. It also notes the Government’s detailed explanations in its report concerning the application of a sentence of community work, as well as the texts of related regulations communicated by the Government.

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted the Government’s statement that section 128 of the Penal Code of 1997, which had replaced the former section 51 of the old Penal Law concerning the illegal compulsion to act against a person’s will, is applicable to punishment of the illegal exaction of forced or compulsory labour. The Committee again requests the Government to provide information on any application of section 128 in practice, supplying sample copies of the relevant court decisions. Recalling also that Article 25 of the Convention provides that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate and are strictly enforced”, the Committee asks the Government to indicate how effect is given or proposed to be given to this Article and to furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.