Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 1 (paragraph 1), and 2 (paragraphs 1 and 2), of the Convention. Compulsory public works or services. In its earlier comments, the Committee referred to section 4 of the Labour Act of 1994, which exempts from the prohibition of forced labour any work performed in accordance with a resolution adopted by local authorities, organizations or associations of which the workers concerned are members, where such work constitutes an obligation on all citizens in the common interest of the nation. The Committee also noted the Government’s indications in its report that citizens are required to perform the cleaning of schools, buildings, streets or national parks, plant trees or build dams against flooding on the occasions of the National Day, Labour Day, Arbour Day and other commemorative days.

The Government indicates in its latest report that forced or compulsory labour has never been used to perform the cleaning of schools, buildings, streets or national parks, plant trees or build dams on the above occasions, and that all related works are performed voluntarily. While noting these indications, the Committee again requests the Government to provide copies of any resolutions adopted by the competent authority, organization or association for the purpose of calling up labour “in the common interests of the nation”, as referred to in section 4 of the Labour Act, indicating, in particular, whether refusal to perform works or services under such resolutions is punishable with any penalties. Please also provide information on the application of such resolutions in practice.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted the Government’s indication in its report that a violation of the prohibition of forced labour, as defined in section 4 of the Labour Act, is punishable under the Penal Law. It requested the Government to indicate penal provisions applicable in case of the illegal exaction of forced or compulsory labour.

The Committee notes the provisions of the amended Penal Law No. 56/NA, of 9 November 2005, punishing human trafficking (section 134), as well as the provisions of the Law on Development and Protection of Women punishing trafficking in women and children (section 49), supplied by the Government with its report. The Committee requests the Government to provide, in its next report, information on the application of these provisions in practice, indicating the penalties imposed on perpetrators. Please also indicate penal provisions applicable in case of the illegal exaction of forced or compulsory labour, in violation of section 4 of the Labour Act, and provide information on any legal proceedings which have been instituted as a consequence of the application of such penal provisions.

Communication of texts. The Committee again requests the Government to supply a copy of the legislation governing the public service.