CMNT_TITLE

The Committee notes the Government's report.

1. The Committee had noted in its previous direct request that several draft texts respecting the prison system were under examination, in particular a draft text respecting the general principles of the prison system. The Committee again requests the Government to provide information with regard to the status of the above draft texts and to indicate the effect these texts may have on the undertaking to suppress the use of forced labour as laid down in the Convention.

2. Article 1(c) of the Convention. In its previous direct requests, the Committee had presented its comments with regard to subsections (g) and (m) of Act No. 11/75 (breaches of labour discipline, passive resistance to forced labour or acts which seriously damage the production process shall be punishable by sanctions which impose forced labour). The Committee had also noted that the above subsections had been implicitly repealed by Acts Nos. 23/91 of 15 June 1991 and 21/D/92 of 28 August 1992, which in general terms repeal any legislation that is not in conformity with these Acts. The Committee again requests the Government to take the necessary measures to explicitly repeal the provisions in question in order to eliminate any doubt or uncertainty as to the status of statutory law and to bring the national legislation into conformity with the Convention.

3. In its previous comments, the Committee had noted that under certain provisions of the Merchant Shipping and Penal Code (Legislative Decree No. 33/252, sections 132 and 137 respecting desertion and the failure to carry out certain orders) prison sentences which include compulsory labour could be enforceable. The Committee again recalls that only prison sentences which punish acts which threaten the safety of the vessel or the lives and health of the persons on board are excluded from the scope of the Convention. The Committee notes, in this respect, the Government's statement to the effect that the revision and amendment of the Act respecting merchant shipping is under way. The Committee takes due note of the Government's undertaking to communicate the progress achieved in this respect in future reports.