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

Article 2, paragraph 2(c), of the Convention. Work exacted from an individual as a consequence of a conviction in a court of law. 1. The Committee has been drawing the Government’s attention for many years to the need to amend section 1 of Order No. 68-353 of 6 April 1968 regulating the terms of labour for persons detained in correctional institutions, under which labour may be compulsory for remand prisoners. It has also noted that the Government has repeatedly declared its intention to repeal this Order. In its last report, the Government states that section 1 of Order No. 68-353 has been misinterpreted and that there is no need to amend it, as it does not impose any obligation to work on remand prisoners.

The Committee notes these explanations. It notes that section 1 of the abovementioned Order states that labour is compulsory for all detainees in correctional institutions. The Committee previously considered that it was not clear from these provisions that remand prisoners were exempt from this obligation. The Government also indicated that no other text stated explicitly that remand prisoners awaiting trial were exempt from compulsory labour. The Committee also noted that the Government indicated regularly that, in practice, remand prisoners are not required to perform any kind of labour.

The Committee notes that, in the context of the information supplied in its report on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), the Government still refers to the repeal of Order No. 68-353. The Committee therefore hopes that the new legislation regulating prison labour will indicate explicitly that remand prisoners awaiting trial are not compelled to work in prison. This will not only enable any legal ambiguity to be avoided but also allow the legislation to be aligned to established practice, in accordance with the Government’s repeated statements.

2. The Committee requests the Government to clarify whether, in practice, the prison administration makes use of the provisions of section 7(2) of Order No. 68-353, which authorize prisoners whose conduct is considered satisfactory to work for private employers.