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The Committee notes that the Government's report contains no new information in reply to its previous comments. The Committee is therefore bound to repeat its previous observation concerning the following points:

For several years, the Committee has been drawing the Government's attention to the provisions of section 2, subsection 5, of Legislative Decree No. 17 of 1974 respecting civilian planning for a state of emergency, under which the full or partial mobilisation of civilians may be proclaimed, even in peacetime, in any situation arising suddenly and resulting in a disturbance of the economic and social life of the country. All citizens may then be called upon to take part in work or to perform services, on pain of imprisonment (section 20, subsections 2 and 3, and section 35, subsection 1). In such cases, the application of labour legislation is suspended. The application of this Decree in 1986 during a strike by air pilots and mechanics was found to be contrary to the provisions of this Convention, and to those of the Abolition of Forced Labour Convention (No. 105). The Government indicated previously that the competent ministry had initiated the procedure to revise Legislative Decree No. 17 of 1974. The Committee noted the information supplied by the Government in its report for the period ending 30 June 1989 that the matter had been submitted to the new Government so that it could examine it and take the necessary legislative or other measures that were appropriate. The Committee once again drew attention to the provisions of Article 2, paragraph 2(d), of the Convention and the explanations set out in paragraphs 63-66 of its 1979 General Survey on the Abolition of Forced Labour in which it indicated that recourse to compulsory labour under emergency powers should be limited to circumstances which endanger the existence or well-being of the whole or part of the population, and that in order to avoid any uncertainty as to the compatibility of national provisions with the applicable international standards, it should be clear from the legislation itself that the power to exact labour can only be invoked within the above limits.

The Committee trusts that the Government will supply information on the measures that have been adopted to ensure the observance of the Convention.