Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Article 2(2)(c). Prison labour. In response to its previous comments regarding guarantees to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations, the Committee noted the Government’s reiterated statement that such guarantees would be provided by the new Penal Code, once adopted. The Committee notes that, in its latest report, the Government indicates that the abovementioned guarantees are already provided by section 102 of the Transitional Penal Code of 1991. According to this provision, sanctions of imprisonment not exceeding three months may be converted into compulsory prison labour without deprivation of liberty, which shall be performed at the offender’s usual workplace, in a public establishment or in public works. Pursuant to section 102(3), the duration and location of service, as well as wage deductions in benefit of the State shall be specified in the court decision. The Committee further notes that, under certain circumstances, the alternative sanction of compulsory prison labour shall be performed with restriction of liberty, which may require the offender to remain in a particular workplace, or with a particular employer, or in a particular establishment (section 103(1) and (2)). The Committee also observes that, according to section 110 of the Transitional Penal Code, a convict serving a sentence of imprisonment shall be under an obligation to work, as assigned by the Director of Prisons. Such work shall be suitable to the prisoner’s ability and shall be of such nature so as to reform and educate the prisoner, and to encourage their rehabilitation.

In light of the above, the Committee recalls that compulsory work or service exacted from any person as a consequence of a conviction in a court of law is compatible with the Convention only if two conditions are met, namely: that the said work is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The two conditions set forth in Article 2(2)(c) are equally important and apply cumulatively. The Committee also points out that work by prisoners for private companies may be compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. The Committee requests the Government to provide information on the application in practice of sections 102, 103 and 110 of the Transitional Penal Code, indicating, in particular, what safeguards exist to ensure that any work or service undertaken by prisoners for private institutions is carried out with their free, formal and informed consent, and in conditions approximating a free labour relationship. Please also supply copies of relevant rules and regulations governing the conditions of work of convicts, as well as a copy of the new Penal Code, once it is adopted.

Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3(17) of the Labour Proclamation, the expression “forced labour” does not include communal services. It also noted the Government’s statement that numerous micro dams, roads and forestation programmes have been completed in the context of communal services over the past 19 years. In this connection, the Committee notes the Government’s repeated indication that communal services relate to minor services (for example, hygiene, sanitation, irrigation and maintenance work) performed in the direct interest of the community. The Committee notes further the Government’s renewed statement regarding the small scale of such services and the right of members of the community to be consulted. The Committee once again requests the Government to describe such work in more detail, giving concrete examples of services carried out, and indicating, in particular, whether individuals refusing to participate in communal services are liable to penalties.

Article 25. Penal sanctions. The Committee previously noted that, according to section 9 of the Labour Proclamation, an employer who engages in forced labour shall be punishable under the Penal Code. In this regard, it noted the Government’s statement that the new Penal Code would provide adequate penalties for the violation of the provisions of the Convention. The Committee notes that, in its latest report, the Government indicates that sections 565 and 570 of the Transitional Penal Code establish adequate penal sanctions against the illegal exaction of forced or compulsory labour. Pursuant to section 565, the offence of enslavement is punishable with five to 20 years imprisonment and a fine. According to section 570, the violation of the right of freedom to work by intimidation, violence, fraud or any other unlawful means, is punishable, upon complaint, with “simple imprisonment” or a fine. The Committee also notes the information provided by the Government with regard to the role of labour inspectors and law enforcement officials in the identification and investigation of offences, as well as in the prosecution of perpetrators. The Committee requests the Government to provide information on the application in practice of sections 565 and 570 of the Transitional Penal Code, indicating, in particular, the number of complaints lodged, the investigations and prosecutions carried out and the specific penalties applied under these provisions. Please also provide information on any measures taken with a view to raising awareness in society and among competent authorities with regard to forced labour and related offences.