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Articles 1(1) and 2(1) of the Convention. Legislation concerning destitute persons. Over a number of years, the Committee has been referring to certain provisions of the Destitute Persons Act 1989 (which repeated without change some provisions of the Destitute Persons Act 1965), under which destitute persons may be required, subject to penal sanctions, to reside in a welfare home (sections 3 and 16) and to engage in any suitable work for which the medical officer of the home certifies them to be capable, either with a view to fitting them for employment outside the welfare home or with a view to contributing to their maintenance in the welfare home (section 13).

The Committee has previously pointed out that the imposition of labour under the Destitute Persons Act 1989, comes under the definition of “forced or compulsory labour” in Article 2(1) of the Convention, and that the Convention makes no exception for labour imposed “in the context of rehabilitation” of destitute persons.

The Committee previously noted the Government’s repeated indication that section 13 of the Act should be interpreted in the context of rehabilitative services for destitute persons and that, in practice, residents in the welfare home are not compelled to work and are only assigned chores after they have given their written consent, and also received payment for their participation. While noting these indications concerning the current practice under the Destitute Persons Act 1989, which appears to be in conformity with the Convention, the Committee previously drew the Government’s attention to the necessity to bring the legislative provisions into conformity with the Convention, so as to ensure compliance both in law and in practice.

The Committee notes the Government’s statement in its latest report that it will be reviewing the necessity to amend section 13 of the Act to better articulate the voluntary nature of the activity in its current review of the Act, which is expected to be completed by early 2008. The Committee therefore expresses the firm hope that section 13 of the Act will soon be amended so as to provide clearly that any work in a welfare home is to be done voluntarily, thus bringing the abovementioned legislation into conformity with the Convention and the indicated practice. The Committee asks the Government to provide, in its next report, information on the progress made in this regard.