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The Committee notes the Government's report. The Committee previously noted that the Destitute Persons Act, 1989, repeated without change certain provisions of the Destitute Persons Act, 1965, that had been the subject of comments for several years. Under sections 3 and 16 of the new Act, any destitute person may be required, subject to penal sanctions, to reside in a welfare home, and under section 13 of the same Act any person resident in such a home may be required to engage in any suitable work for which the medical officer of the home certifies him to be capable, either with a view to fitting him for an employment outside the welfare home or with a view to contributing to his maintenance in the welfare home.

The Committee notes the indication in the Government's report that the Destitute Persons Act, 1989, is not a penal legislation and that it is a social legislation providing for the shelter, care and protection of destitute persons who have no means of subsistence or place of residence. The Committee also notes the Government's repeated indication that the residents of the welfare home are encouraged to participate in the day-release scheme, sheltered workshops and the general maintenance of the home, despite the provision in the Act (section 13) which mentions a compulsory participation of the home residents in various activities.

The Government adds that as a form of encouragement residents participating in the home maintenance activities are given an allowance. The residents can spend this allowance. Residents placed to work outside the home under the day-release scheme are paid by their employers. They enjoy the same salary and conditions of employment as any worker engaged in the open market. Those who are able to cope with life in the community are eventually discharged after a trial period.

The Committee takes due note of these indications. It recalls its comment made in 1976 in which it noted with interest that Rule 23 of the Destitute Persons (Welfare Homes) Rules had been amended to conform with the requirements of the Convention. Compliance with the Convention requires the admittance of destitute persons to a welfare home and their stay therein (if it implies an obligation to work) to be subject to their consent and/or any work in such homes to be done voluntarily both in law and in practice.

The Committee hopes that measures will also be taken to bring the Destitute Persons Act, 1989, into conformity with the Convention.