Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Nicaragua (Ratification: 1967)

Autre commentaire sur C105

Observation

Demande directe

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Impact of compulsory labour of convicted persons on the application of Article 1 of the Convention. In the previous comments relating to the application of the Forced Labour Convention, 1930 (No. 29), the Committee noted section 61 of the Penal Code, which provides that the penalty of community work cannot be imposed without the consent of the convicted person. The Committee also notes that under section 62 of the Penal Code, the judge can impose a penalty of community work as the main sentence. The Committee emphasizes that penalties involving compulsory labour come within the scope of the Convention when one of the circumstances specified in Article 1 of the Convention applies. The Committee requests the Government to clarify whether the consent of the person concerned is required in situations where the penalty of community work is imposed as the main sentence. If not, the Committee requests the Government to indicate the offences for which the judge can impose the aforementioned penalty.