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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2(2)(c) of the Convention. Community work. In its previous comments, the Committee noted that section 35 of the Penal Code (Act No. 59/AN/94 of 5 January 1995), establishes the penalty of community work. It noted that, in cases where an offence is penalized with a sentence of imprisonment equal to or lower than one year, this sentence may be replaced by the performance of community work on behalf of a public association or an association authorized to implement work in the general interest. A sentence of community work may not be applied to a person who refuses to serve it (section 37). The Committee also noted that, under the terms of section 38, the arrangements for complying with the obligation to perform community work are decided upon by the magistrate responsible for the application of penalties. As the Government has not provided any information on this matter, the Committee requests it to indicate in its next report whether courts have already applied sentences of community work and, if so, to provide information on the types of work which may be imposed in such a context as well as the list of associations authorized to benefit from community work.

Freedom of state employees to leave their employment. In its previous comments, the Committee noted that applications to resign had to be accepted by the competent authority in accordance with the relevant provisions: section 52 of Act No. 48/AN/83/1 L issuing the conditions of service of public officials; section 109 of Act No. 72/AN/94/3 L issuing the conditions of service of the national police force; and section 69 of Decree No. 88-043/PRE of 31 May 1988, issuing the conditions of service of military personnel. The Government indicated that any person who wished to leave the service of the State could do so, and that no legal proceedings had been instituted against anyone for resigning early. The Committee notes that, in its latest report, while reaffirming that no legal proceedings have been instituted against anyone for resigning early, the Government indicates that in the public administration in Djibouti it is still the rule that all civil and military officials are under the obligation to serve the State for at least ten years. The Committee accordingly requests the Government to indicate the provisions of the national legislation which impose such obligation to serve for at least ten years. It also asks the Government to indicate the manner in which these provisions are applied in practice, and in particular to describe how applications to resign are dealt with from civil and military officials who have not completed ten years’ service. Further recalling that the Government indicated in its report in 2000 that the freedom to leave the service had to be regulated in certain essential services such as the army, which has the mission of defending the nation and its higher interests, the Committee requests the Government to continue providing information on any changes in the practice followed regarding applications to resign submitted by public officials, including military personnel. Where appropriate, please provide information on the criteria applied by the Higher Military Council to reject an application for to resign, particularly in cases in which the training received by military personnel was financed by the armed forces.

With regard more particularly to military doctors and pharmacists who, under section 8 of Decree No. 91-029/PR/DEF issuing their conditions of service, are required to serve in the army for a period of 15 years, the Government indicates once again that this provision has never been applied and that there have not been any administrative, military or court proceedings concerning persons who have left the army or asked to be released from their duties. The Government adds once again that this text will be examined in the light of the Convention, as part of the legislative and regulatory review of labour standards which the Government hopes to undertake with the assistance of the Office. The Committee requests the Government to provide information on any measure adopted to amend section 8 of the Decree issuing the conditions of service of military doctors and pharmacists so as to allow them to leave the service in time of peace within a reasonable period, either at specified intervals, or with previous notice, or subject to the conditions which may normally be required to ensure continuity of service.

Trafficking in persons. The Committee notes that Act No. 210/AN/07/5th L of 27 December 2007 respecting measures to combat trafficking in persons contains provisions to prevent and repress trafficking in human beings, meaning of persons liable to be victims of trafficking by reason of a particular vulnerability related to their age (young persons under 18 years of age), gender (women) or a physical or mental disability. The Act establishes fines and penalties of up to 30 years’ imprisonment under particularly serious circumstances, such as the disappearance or death of the victim (section 9). Accomplices and persons attempting to engage in the trafficking in human beings are also liable to be penalized (section 7), as well as those knowingly facilitating trafficking in human beings (sections 10 and 11). The Committee also notes that the Act is applicable to all forms of trafficking in human beings, whether or not the person responsible is a national of Djibouti, and whether or not the violations are linked to organized crime (section 6), and irrespective of the place of departure and destination of the victim (section 7). The Act also contains provisions designed to establish and reinforce coordination at the national level between the various authorities responsible for preventing and combating trafficking in human beings and to develop and/or support preventive policies and programmes (section 16). It establishes provisions for the protection and assistance of victims of trafficking (section 17). Section 18 of the Act provides that decrees issued by the Council of Ministers may determine the measures to be taken for the provision of full care for victims.

While noting the above provisions of the Act of 27 December 2007, respecting measures to combat trafficking in human beings, the Committee requests the Government to provide information on the effect given in practice to this Act, and particularly on the number of persons convicted and the measures adopted under sections 16 (coordination between the various authorities responsible for preventing and combating trafficking, prevention policies and programmes) and 17 (measures to protect vulnerable persons and assistance measures for victims). It also requests the Government, where appropriate, to provide the Office with copies of decrees issued under section 18 and to provide detailed information on the measures taken to give effect to them. The Committee also requests the Government to indicate, where appropriate, any difficulties encountered by the public authorities in giving effect to the new legislation. Finally, noting that the Act only refers to coordination at the national level between the various authorities responsible for preventing and combating trafficking, the Committee requests the Government to indicate whether measures have been taken to establish or reinforce international cooperation with a view to preventing and combating trafficking in persons.

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1. Article 2, paragraph 2, subparagraph (c), of the Convention. Work exacted as a consequence of a conviction in a court of law. Prison labour. The Committee notes the information provided by the Government in reply to its previous comments concerning the employment of prison labour by private enterprises.

Community work. In its previous comments, the Committee noted that section 35 of the Penal Code (Act No. 59/AN/94 of 5 January 1995), establishes the penalty of community work. It noted that, in cases where an offence is penalized with a sentence of imprisonment equal to or lower than one year, this sentence may be replaced by the performance of community work on behalf of a public association or an association authorized to implement work in the general interest. A sentence of community work may not be applied to a person who refuses to serve it (section 37). The Committee also noted that, under the terms of section 38, the arrangements for complying with the obligation to perform community work are decided upon by the magistrate responsible for the application of penalties. As the Government has not provided any information on this matter, the Committee requests it to indicate in its next report whether courts have already applied sentences of community work and, if so, to provide information on the types of work which may be imposed in such a context as well as the list of associations authorized to benefit from community work.

2. Freedom of state employees to leave their employment. In its previous comments, the Committee noted that applications to resign had to be accepted by the competent authority in accordance with the relevant provisions: section 52 of Act No. 48/AN/83/1 L issuing the conditions of service of public officials; section 109 of Act No. 72/AN/94/3 L issuing the conditions of service of the national police force; and section 69 of Decree No. 88-043/PRE of 31 May 1988, issuing the conditions of service of military personnel. The Government indicated that any person who wished to leave the service of the State could do so, and that no legal proceedings had been instituted against anyone for resigning early. The Committee notes that, in its latest report, while reaffirming that no legal proceedings have been instituted against anyone for resigning early, the Government indicates that in the public administration in Djibouti it is still the rule that all civil and military officials are under the obligation to serve the State for at least ten years. The Committee accordingly requests the Government to indicate the provisions of the national legislation which impose such obligation to serve for at least ten years. It also asks the Government to indicate the manner in which these provisions are applied in practice, and in particular to describe how applications to resign are dealt with from civil and military officials who have not completed ten years’ service. Further recalling that the Government indicated in its report in 2000 that the freedom to leave the service had to be regulated in certain essential services such as the army, which has the mission of defending the nation and its higher interests, the Committee requests the Government to continue providing information on any changes in the practice followed regarding applications to resign submitted by public officials, including military personnel. Where appropriate, please provide information on the criteria applied by the Higher Military Council to reject an application for to resign, particularly in cases in which the training received by military personnel was financed by the armed forces.

With regard more particularly to military doctors and pharmacists who, under section 8 of Decree No. 91-029/PR/DEF issuing their conditions of service, are required to serve in the army for a period of 15 years, the Government indicates once again that this provision has never been applied and that there have not been any administrative, military or court proceedings concerning persons who have left the army or asked to be released from their duties. The Government adds once again that this text will be examined in the light of the Convention, as part of the legislative and regulatory review of labour standards which the Government hopes to undertake with the assistance of the Office. The Committee requests the Government to provide information on any measure adopted to amend section 8 of the Decree issuing the conditions of service of military doctors and pharmacists so as to allow them to leave the service in time of peace within a reasonable period, either at specified intervals, or with previous notice, or subject to the conditions which may normally be required to ensure continuity of service.

3. Trafficking in persons. The Committee notes with interest the adoption of Act No. 210/AN/07/5th L of 27 December 2007 respecting measures to combat trafficking in persons. It notes that the Act contains provisions to prevent and repress trafficking in human beings, meaning of persons liable to be victims of trafficking by reason of a particular vulnerability related to their age (young persons under 18 years of age), gender (women) or a physical or mental disability. The Act establishes fines and penalties of up to 30 years’ imprisonment under particularly serious circumstances, such as the disappearance or death of the victim (section 9). Accomplices and persons attempting to engage in the trafficking in human beings are also liable to be penalized (section 7), as well as those knowingly facilitating trafficking in human beings (sections 10 and 11). The Committee also notes that the Act is applicable to all forms of trafficking in human beings, whether or not the person responsible is a national of Djibouti, and whether or not the violations are linked to organized crime (section 6), and irrespective of the place of departure and destination of the victim (section 7). The Act also contains provisions designed to establish and reinforce coordination at the national level between the various authorities responsible for preventing and combating trafficking in human beings and to develop and/or support preventive policies and programmes (section 16). It establishes provisions for the protection and assistance of victims of trafficking (section 17). Section 18 of the Act provides that decrees issued by the Council of Ministers may determine the measures to be taken for the provision of full care for victims.

While noting the accession on 20 April 2005 of the Republic of Djibouti to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations’ Convention against Transnational Organized Crime, and in view of the above provisions of the Act of 27 December 2007, respecting measures to combat trafficking in human beings, the Committee requests the Government to provide information on the effect given in practice to this Act, and particularly on the number of persons convicted and the measures adopted under sections 16 (coordination between the various authorities responsible for preventing and combating trafficking, prevention policies and programmes) and 17 (measures to protect vulnerable persons and assistance measures for victims). It also requests the Government, where appropriate, to provide the Office with copies of decrees issued under section 18 and to provide detailed information on the measures taken to give effect to them. Further noting that the Government has not provided any information in reply to its general observation of 2000 and its previous direct request on the issue of trafficking in persons, the Committee requests the Government to refer to these comments and to make every effort to provide the information requested in its next report. In particular, it hopes that the Government will indicate, where appropriate, any difficulties encountered by the public authorities in giving effect to the new legislation. Finally, noting that the Act only refers to coordination at the national level between the various authorities responsible for preventing and combating trafficking, the Committee requests the Government to indicate whether measures have been taken to establish or reinforce international cooperation with a view to preventing and combating trafficking in persons (point 2(b)(iii) of its general observation of 2000).

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. Prison labour. For many years, the Committee has been referring to sections 23 and 24 of Act No. 144/AN/80 issuing the Prison Code, under which prisoners may be employed by the public services or by private companies, although the work for private companies must be performed on prison premises. Although, under the terms of Article 2, paragraph 2(c), of the Convention, prisoners may not be hired or placed at the disposal of private individuals, companies or associations, the Committee has indicated that where work is performed with the consent of the prisoner and under conditions approximating those of a free employment relationship and subject to certain guarantees, there would be no obstacles to the application of the Convention.

The Government indicated in this respect in its last reports that, in general, detainees did not work in prison, particularly in view of the additional surveillance that would be involved in such work. The Government indicated that the hiring of detainees by the public authority or a private company remains possible, but subject to the consent of the detainee and the application of the labour law in force, including guarantees as to remuneration and a duly established work contract. Half of the wage is paid directly to the person concerned, while the rest is retained by the prison administration and handed over to the prisoner as a social reintegration payment at the end of the sentence. The Government added that, under these conditions, employers prefer to deal with free workers and do not employ detainees. On the hypothesis that private enterprises in future have recourse to work by detainees, the Committee would be grateful if the Government would provide relevant information in this respect in future reports, particularly with regard to the number of private enterprises and detainees concerned and their terms and conditions of employment.

Community work. The Committee notes that section 35 of the Penal Code (Act No. 59/AN/94 of 5 January 1995) establishes the penalty of community work. In cases where an offence is penalized by a sentence of imprisonment equal to or lower than one year, this sentence may be replaced by the performance of community work on behalf of a public association or an association authorized to implement work in the general interest. A sentence of community work may not be applied to a person who refuses it (section 37). The Committee also notes that, under the terms of section 38, the arrangements for complying with the obligation to perform community work are decided upon by the magistrate responsible for the application of penalties. The Committee would be grateful if the Government would indicate whether the courts have already applied this penalty and, if so, provide information on the types of work which may be imposed in the context of this penalty, and the list of associations authorized to receive persons sentenced to this penalty.

2. Freedom of state employees to leave their employment. In its previous comments, the Committee noted that resignations have to be accepted by the competent authority in accordance with the relevant provisions: section 52 of Act No. 48/AN/83/1 respecting the conditions of service of public officials; section 109 of Act No. 72/AN/94/3eL issuing the conditions of service of the national police force; and section 69 of Decree No. 88-043/PRE of 31 May 1988 issuing the conditions of service of military personnel. The Government indicated that any person who wished to leave the service of the State could do so, and that no legal proceedings had been instituted against anyone for resigning early. The Committee requests the Government to continue providing information on any changes in the practice followed with regard to resignations submitted by public officials, and particularly members of the military services. The Government indicated in its report in 2000 that the freedom to leave the service had to be regulated in certain essential services such as the army, which had the mission of defending the nation and its higher interests. Where appropriate, please provide information on the criteria applied by the Higher Military Council to reject an application for resignation, particularly in cases in which the training received by servicemen was financed by the armed forces.

With regard more particularly to military doctors and pharmacists who, under section 8 of Decree No. 91-029/PR/DEF issuing their conditions of service, are required to serve in the army for a period of 15 years, the Government indicated previously that this section had never been applied and that there had not been any administrative, military or court proceedings concerning persons who left the army or asked to be released from their duties. The Government indicates that this text will be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hopes to undertake with the assistance of the Office. The Committee requests the Government to provide information on any measure adopted to amend section 8 of this Decree so as to allow military doctors and pharmacists to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to the conditions which may normally be required to ensure continuity of service.

3. Trafficking in persons for exploitation. The Committee notes that the Government has not provided information in reply to its 2000 general observation on the measures adopted by governments to prevent, suppress and punish the trafficking in persons. It would be grateful if the Government would refer to this general observation and provide information on any measures that it has taken in this respect, and particularly if it would indicate whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities in this field.

 

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1. Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. Prison labour.  For many years, the Committee has been referring to sections 23 and 24 of Act No. 144/AN/80 issuing the Prison Code, under which prisoners may be employed by the public services or by private companies, although the work for private companies must be performed on prison premises. Although, under the terms of Article 2, paragraph 2(c), of the Convention, prisoners may not be hired or placed at the disposal of private individuals, companies or associations, the Committee has indicated that where work is performed with the consent of the prisoner and under conditions approximating those of a free employment relationship and subject to certain guarantees, there would be no obstacles to the application of the Convention.

The Government indicated in this respect in its last reports that, in general, detainees did not work in prison, particularly in view of the additional surveillance that would be involved in such work. The Government indicated that the hiring of detainees by the public authority or a private company remains possible, but subject to the consent of the detainee and the application of the labour law in force, including guarantees as to remuneration and a duly established work contract. Half of the wage is paid directly to the person concerned, while the rest is retained by the prison administration and handed over to the prisoner as a social reintegration payment at the end of the sentence. The Government added that, under these conditions, employers prefer to deal with free workers and do not employ detainees. On the hypothesis that private enterprises in future have recourse to work by detainees, the Committee would be grateful if the Government would provide relevant information in this respect in future reports, particularly with regard to the number of private enterprises and detainees concerned and their terms and conditions of employment.

Community work. The Committee notes that section 35 of the Penal Code (Act No. 59/AN/94 of 5 January 1995) establishes the penalty of community work. In cases where an offence is penalized by a sentence of imprisonment equal to or lower than one year, this sentence may be replaced by the performance of community work on behalf of a public association or an association authorized to implement work in the general interest. A sentence of community work may not be applied to a person who refuses it (section 37). The Committee also notes that, under the terms of section 38, the arrangements for complying with the obligation to perform community work are decided upon by the magistrate responsible for the application of penalties. The Committee would be grateful if the Government would indicate whether the courts have already applied this penalty and, if so, provide information on the types of work which may be imposed in the context of this penalty, and the list of associations authorized to receive persons sentenced to this penalty.

2. Freedom of state employees to leave their employment. In its previous comments, the Committee noted that resignations have to be accepted by the competent authority in accordance with the relevant provisions: section 52 of Act No. 48/AN/83/1 respecting the conditions of service of public officials; section 109 of Act No. 72/AN/94/3eL issuing the conditions of service of the national police force; and section 69 of Decree No. 88-043/PRE of 31 May 1988 issuing the conditions of service of military personnel. The Government indicated that any person who wished to leave the service of the State could do so, and that no legal proceedings had been instituted against anyone for resigning early. The Committee requests the Government to continue providing information on any changes in the practice followed with regard to resignations submitted by public officials, and particularly members of the military services. The Government indicated in its report in 2000 that the freedom to leave the service had to be regulated in certain essential services such as the army, which had the mission of defending the nation and its higher interests. Where appropriate, please provide information on the criteria applied by the Higher Military Council to reject an application for resignation, particularly in cases in which the training received by servicemen was financed by the armed forces.

With regard more particularly to military doctors and pharmacists who, under section 8 of Decree No. 91-029/PR/DEF issuing their conditions of service, are required to serve in the army for a period of 15 years, the Government indicated previously that this section had never been applied and that there had not been any administrative, military or court proceedings concerning persons who left the army or asked to be released from their duties. The Government indicates that this text will be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hopes to undertake with the assistance of the Office. The Committee requests the Government to provide information on any measure adopted to amend section 8 of this Decree so as to allow military doctors and pharmacists to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to the conditions which may normally be required to ensure continuity of service.

3. Trafficking in persons for exploitation. The Committee notes that the Government has not provided information in reply to its 2000 general observation on the measures adopted by governments to prevent, suppress and punish the trafficking in persons. It would be grateful if the Government would refer to this general observation and provide information on any measures that it has taken in this respect, and particularly if it would indicate whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities in this field.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 2, paragraph 2(c), of the Convention. For many years the Committee has referred to sections 23 and 24 of Act No. 144/AN/80 establishing the Prison Code, which state that the work of prisoners shall be organized by the prison administration and that prisoners may be employed by the public services or by private companies, although the work for private companies must be performed on prison premises. The Committee had drawn the Government’s attention to the fact that the Convention expressly prohibits a person from whom work is exacted as a consequence of a conviction in a court of law from being hired to or placed at the disposal of private individuals, companies or associations. Only work performed voluntarily may be considered exempt from this prohibition, since it necessarily requires the formal consent of the person concerned and, taking account of the circumstances of such consent, certain guarantees and protections, in particular with regard to wages, so that it may be considered a genuinely free labour relationship.

The Committee had asked the Government to provide information on the organization of work in prisons, with a copy of the model hire contract and details of working conditions.

The Committee noted the Government’s indication that a model hire contract does not exist, since contracts of work for prisoners are covered by the Labour Code. It also noted the information which the Government had provided in reply to the general observation that the public or private employer must have the prisoner’s consent and ensure remuneration for the work, in line with his qualifications and the regulations in force (apart from food and any health care). Half the wage is paid directly to the person concerned, while the rest is retained by the prison administration and handed over to the prisoner as a social reintegration payment at the end of the sentence.

The Committee asks the Government to send copies of the contracts of employment concluded between the prisoner and the company and details concerning the conditions of work.

2. Freedom of workers to leave their employment. The Committee noted the reply provided by the Government in its last report to the Committee’s request concerning section 8 of Decree No. 91-029/PR/DEF concerning the conditions of service of military doctors and pharmacists, who are required to serve in the army for a period of 15 years. The Government indicated that this section had never been applied, since there had been no administrative, military or court proceedings concerning persons who left the army or asked to be released from their duties. This text would be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hoped to undertake with assistance from the Office, as soon as conditions were fulfilled for organizing tripartite national consultations.

3. The Committee noted the Government’s reply according to which section 109 of Act No. 72/AN/94/3eL concerning the conditions of service of the national police force and section 50 of Act No. 48/AN/83/1 concerning the conditions of service of public servants, which provide that resignations must be accepted in accordance with the regulations, had never been applied since no action had been taken against any person for resigning before the prescribed time. The Government indicated, however, that these texts would be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hoped to undertake with assistance from the Office, under the conditions described above.

4. In its previous comments the Committee had asked the Government for additional information on the ways in which the freedom to leave employment is ensured with respect to career servicemen who have to submit a request to the Supreme Military Council if they wish to resign, in particular if their studies have been financed by the armed forces.

The Committee noted that section 69 of Decree No. 68 043/PRE of 31 May 1988 concerning the conditions of service of military personnel states that the resignation of a career serviceman can only occur at the written request of the person concerned to leave the services and this must be addressed to the appointing authority. The resignation takes effect at the date set by this authority. The decision of the competent authority must be made within a maximum period of three months. Section 68 of the same Decree provides that the status of a career serviceman formally ceases as a result of a resignation that is accepted in accordance with the regulations. The Committee asks the Government to provide information on the criteria applied for refusing a resignation, on the recourse possible against this decision and the penalties which may be imposed in the event of a breach of regulations.

The Committee asks the Government to provide information on progress made with regard to ensuring that servants of the State have the freedom to leave their employment.

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Article 2, paragraph 2(c), of the Convention. For many years the Committee has referred to sections 23 and 24 of Act No. 144/AN/80 establishing the Prison Code, which state that the work of prisoners shall be organized by the prison administration and that prisoners may be employed by the public services or by private companies, although the work for private companies must be performed on prison premises. The Committee had drawn the Government’s attention to the fact that the Convention expressly prohibits a person from whom work is exacted as a consequence of a conviction in a court of law from being hired to or placed at the disposal of private individuals, companies or associations. Only work performed voluntarily may be considered exempt from this prohibition, since it necessarily requires the formal consent of the person concerned and, taking account of the circumstances of such consent, certain guarantees and protections, in particular with regard to wages, so that it may be considered a genuinely free labour relationship.

The Committee had asked the Government to provide information on the organization of work in prisons, with a copy of the model hire contract and details of working conditions.

The Committee notes that the Government indicates in its last report that a model hire contract does not exist, since contracts of work for prisoners are covered by the Labour Code. It also notes the information which the Government provided in reply to the general observation that the public or private employer must have the prisoner’s consent and ensure remuneration for the work, in line with his qualifications and the regulations in force (apart from food and any health care). Half the wage is paid directly to the person concerned, while the rest is retained by the prison administration and handed over to the prisoner as a social reintegration payment at the end of the sentence.

The Committee asks the Government to send copies of the contracts of employment concluded between the prisoner and the company and details concerning the conditions of work.

2. Freedom of workers to leave their employment. The Committee notes the reply provided by the Government in its last report to the Committee’s request concerning section 8 of Decree No. 91-029/PR/DEF concerning the conditions of service of military doctors and pharmacists, who are required to serve in the army for a period of 15 years. The Government indicates that this section has never been applied, since there have been no administrative, military or court proceedings concerning persons who left the army or asked to be released from their duties. This text will be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hopes to undertake with assistance from the Office, as soon as conditions are fulfilled for organizing tripartite national consultations.

3. The Committee notes the Government’s reply according to which section 109 of Act No. 72/AN/94/3eL concerning the conditions of service of the national police force and section 50 of Act No. 48/AN/83/1 concerning the conditions of service of public servants, which provide that resignations must be accepted in accordance with the regulations, have never been applied since no action has been taken against any person for resigning before the prescribed time. The Government indicates, however, that these texts will be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hopes to undertake with assistance from the Office, under the conditions described above.

4. In its previous comments the Committee had asked the Government for additional information on the ways in which the freedom to leave employment is ensured with respect to career servicemen who have to submit a request to the Supreme Military Council if they wish to resign, in particular if their studies have been financed by the armed forces.

The Committee notes that section 69 of Decree No. 68-043/PRE of 31 May 1988 concerning the conditions of service of military personnel states that the resignation of a career serviceman can only occur at the written request of the person concerned to leave the services and this must be addressed to the appointing authority. The resignation takes effect at the date set by this authority. The decision of the competent authority must be made within a maximum period of three months. Section 68 of the same Decree provides that the status of a career serviceman formally ceases as a result of a resignation that is accepted in accordance with the regulations. The Committee asks the Government to provide information on the criteria applied for refusing a resignation, on the recourse possible against this decision and the penalties which may be imposed in the event of a breach of regulations.

The Committee asks the Government to provide information on progress made with regard to ensuring that servants of the State have the freedom to leave their employment.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 2, paragraph 2(c), of the Convention. For many years the Committee has referred to sections 23 and 24 of Act No. 144/AN/80 establishing the Prison Code, which state that the work of prisoners shall be organized by the prison administration and that prisoners may be employed by the public services or by private companies, although the work for private companies must be performed on prison premises. The Committee had drawn the Government’s attention to the fact that the Convention expressly prohibits a person from whom work is exacted as a consequence of a conviction in a court of law from being hired to or placed at the disposal of private individuals, companies or associations. Only work performed voluntarily may be considered exempt from this prohibition, since it necessarily requires the formal consent of the person concerned and, taking account of the circumstances of such consent, certain guarantees and protections, in particular with regard to wages, so that it may be considered a genuinely free labour relationship.

The Committee had asked the Government to provide information on the organization of work in prisons, with a copy of the model hire contract and details of working conditions.

The Committee notes that the Government indicates in its last report that a model hire contract does not exist, since contracts of work for prisoners are covered by the Labour Code. It also notes the information which the Government provided in reply to the general observation that the public or private employer must have the prisoner’s consent and ensure remuneration for the work, in line with his qualifications and the regulations in force (apart from food and any health care). Half the wage is paid directly to the person concerned, while the rest is retained by the prison administration and handed over to the prisoner as a social reintegration payment at the end of the sentence.

The Committee asks the Government to send copies of the contracts of employment concluded between the prisoner and the company and details concerning the conditions of work.

2. Freedom of workers to leave their employment. The Committee notes the reply provided by the Government in its last report to the Committee’s request concerning section 8 of Decree No. 91-029/PR/DEF concerning the conditions of service of military doctors and pharmacists, who are required to serve in the army for a period of 15 years. The Government indicates that this section has never been applied, since there have been no administrative, military or court proceedings concerning persons who left the army or asked to be released from their duties. This text will be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hopes to undertake with assistance from the Office, as soon as conditions are fulfilled for organizing tripartite national consultations.

3. The Committee notes the Government’s reply according to which section 109 of Act No. 72/AN/94/3eL concerning the conditions of service of the national police force and section 50 of Act No. 48/AN/83/1 concerning the conditions of service of public servants, which provide that resignations must be accepted in accordance with the regulations, have never been applied since no action has been taken against any person for resigning before the prescribed time. The Government indicates, however, that these texts will be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hopes to undertake with assistance from the Office, under the conditions described above.

4. In its previous comments the Committee had asked the Government for additional information on the ways in which the freedom to leave employment is ensured with respect to career servicemen who have to submit a request to the Supreme Military Council if they wish to resign, in particular if their studies have been financed by the armed forces.

The Committee notes that section 69 of Decree No. 68-043/PRE of 31 May 1988 concerning the conditions of service of military personnel states that the resignation of a career serviceman can only occur at the written request of the person concerned to leave the services and this must be addressed to the appointing authority. The resignation takes effect at the date set by this authority. The decision of the competent authority must be made within a maximum period of three months. Section 68 of the same Decree provides that the status of a career serviceman formally ceases as a result of a resignation that is accepted in accordance with the regulations. The Committee asks the Government to provide information on the criteria applied for refusing a resignation, on the recourse possible against this decision and the penalties which may be imposed in the event of a breach of regulations.

The Committee asks the Government to provide information on progress made with regard to ensuring that servants of the State have the freedom to leave their employment.

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1. Article 2, paragraph 2(c), of the Convention. For many years the Committee has referred to sections 23 and 24 of Act No. 144/AN/80 establishing the Prison Code, which state that the work of prisoners shall be organized by the prison administration and that prisoners may be employed by the public services or by private companies, although the work for private companies must be performed on prison premises. The Committee had drawn the Government’s attention to the fact that the Convention expressly prohibits a person from whom work is exacted as a consequence of a conviction in a court of law from being hired to or placed at the disposal of private individuals, companies or associations. Only work performed voluntarily may be considered exempt from this prohibition, since it necessarily requires the formal consent of the person concerned and, taking account of the circumstances of such consent, certain guarantees and protections, in particular with regard to wages, so that it may be considered a genuinely free labour relationship.

The Committee had asked the Government to provide information on the organization of work in prisons, with a copy of the model hire contract and details of working conditions.

The Committee notes that the Government indicates in its last report that a model hire contract does not exist, since contracts of work for prisoners are covered by the Labour Code. It also notes the information which the Government provided in reply to the general observation that the public or private employer must have the prisoner’s consent and ensure remuneration for the work, in line with his qualifications and the regulations in force (apart from food and any health care). Half the wage is paid directly to the person concerned, while the rest is retained by the prison administration and handed over to the prisoner as a social reintegration payment at the end of the sentence.

The Committee asks the Government to send copies of the contracts of employment concluded between the prisoner and the company and details concerning the conditions of work.

2. Freedom of workers to leave their employment. The Committee notes the reply provided by the Government in its last report to the Committee’s request concerning section 8 of Decree No. 91-029/PR/DEF concerning the conditions of service of military doctors and pharmacists, who are required to serve in the army for a period of 15 years. The Government indicates that this section has never been applied, since there have been no administrative, military or court proceedings concerning persons who left the army or asked to be released from their duties. This text will be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hopes to undertake with assistance from the Office, as soon as conditions are fulfilled for organizing tripartite national consultations.

3. The Committee notes the Government’s reply according to which section 109 of Act No. 72/AN/94/3eL concerning the conditions of service of the national police force and section 50 of Act No. 48/AN/83/1 concerning the conditions of service of public servants, which provide that resignations must be accepted in accordance with the regulations, have never been applied since no action has been taken against any person for resigning before the prescribed time. The Government indicates, however, that these texts will be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hopes to undertake with assistance from the Office, under the conditions described above.

4. In its previous comments the Committee had asked the Government for additional information on the ways in which the freedom to leave employment is ensured with respect to career servicemen who have to submit a request to the Supreme Military Council if they wish to resign, in particular if their studies have been financed by the armed forces.

The Committee notes that section 69 of Decree No. 68 043/PRE of 31 May 1988 concerning the conditions of service of military personnel states that the resignation of a career serviceman can only occur at the written request of the person concerned to leave the services and this must be addressed to the appointing authority. The resignation takes effect at the date set by this authority. The decision of the competent authority must be made within a maximum period of three months. Section 68 of the same Decree provides that the status of a career serviceman formally ceases as a result of a resignation that is accepted in accordance with the regulations. The Committee asks the Government to provide information on the criteria applied for refusing a resignation, on the recourse possible against this decision and the penalties which may be imposed in the event of a breach of regulations.

The Committee asks the Government to provide information on progress made with regard to ensuring that servants of the State have the freedom to leave their employment.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous comments: Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. In its previous comments, the Committee raised the issue of the freedom of persons in the service of the State to leave that service. Referring once again to the explanations given in paragraphs 67 to 73 of its 1979 General Survey on the abolition of forced labour, the Committee hopes that the Government will provide copies of Decree No. 89-062/PRE concerning the conditions of service of public servants, Decree No. 88-043/PRE setting out the general conditions of service of servicemen, and Decree No. 88-044/PRE setting out the conditions of service of officers, and that it will provide full information on the manner in which the abolition of forced labour is ensured with regard to the following:

(i) section 8 of Decree No. 91-029/PR/DEF concerning the conditions of service of doctors and pharmacists, who are required to work for the army for a period of 15 years;

(ii) section 109 of Act No. 72/AN/94/3eL setting out the conditions of service of the national police force, and section 50 of Act No. 48/AN/83/1 setting out the conditions of service of public servants, which stipulates that resignation must be accepted in accordance with regulations;

(iii) the practice described by the Government of requiring career service personnel to submit a request to the Supreme Military Council if they wish to resign, in particular if their studies have been financed by the armed forces. Article 1, paragraph 1, and Article 2, paragraph 2(c). 2. The Committee refers to its earlier comments concerning prison labour, particularly in cases where under the terms of Act No. 144/AN/80, to issue the Prison Code, prisoners are employed by private enterprises. The Committee refers once again to the provisions of the Convention on this point and to the explanations set out in paragraphs 97 and 98 of the abovementioned General Survey and in paragraphs 116 to 125 of its 1997-98 General Report, and requests the Government in its next report to provide the necessary information on the organization of work in prisons, with a copy of the model hiring contract used and details of the applicable conditions. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. In its previous comments, the Committee raised the issue of the freedom of persons in the service of the State to leave that service. Referring once again to the explanations given in paragraphs 67 to 73 of its 1979 General Survey on the abolition of forced labour, the Committee hopes that the Government will provide copies of Decree No. 89-062/PRE concerning the conditions of service of public servants, Decree No. 88-043/PRE setting out the general conditions of service of servicemen, and Decree No. 88-044/PRE setting out the conditions of service of officers, and that it will provide full information on the manner in which the abolition of forced labour is ensured with regard to the following:

(i) section 8 of Decree No. 91-029/PR/DEF concerning the conditions of service of doctors and pharmacists, who are required to work for the army for a period of 15 years;

(ii) section 109 of Act No. 72/AN/94/3eL setting out the conditions of service of the national police force, and section 50 of Act No. 48/AN/83/1 setting out the conditions of service of public servants, which stipulates that resignation must be accepted in accordance with regulations;

(iii) the practice described by the Government of requiring career service personnel to submit a request to the Supreme Military Council if they wish to resign, in particular if their studies have been financed by the armed forces.

Article 1, paragraph 1, and Article 2, paragraph 2(c). The Committee refers to its earlier comments concerning prison labour, particularly in cases where under the terms of Act No. 144/AN/80, to issue the Prison Code, prisoners are employed by private enterprises. The Committee refers once again to the provisions of the Convention on this point and to the explanations set out in paragraphs 97 and 98 of the above-mentioned General Survey and in paragraphs 116 to 125 of its 1997-98 General Report, and requests the Government in its next report to provide the necessary information on the organization of work in prisons, with a copy of the model hiring contract used and details of the applicable conditions.

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The Committee notes that the Government's report does not contain a reply to its previous comments. It hopes that the next report will supply full particulars on the following points, which were raised in its previous direct request:

1. Prison labour. The Committee noted previously that section 23 of Act No. 144/AN/80 of 16 September 1980, to issue the Prison Code, provides that the work of prisoners shall be organized by the prison administration and that section 24 of the Act provides that prisoners may be employed by the public services or by private undertakings, although the work carried out for private enterprises must be performed on the prison premises.

The Committee pointed out that the provisions of Article 2, paragraph 2(c), of the Convention expressly prohibit a person from whom work is exacted as a consequence of a conviction in a court of law from being hired to or placed at the disposal of private individuals, companies or associations. This applies not only to work performed outside the prison, but also to work performed inside the prison for private enterprises. The only work which can be considered as exempt from this prohibition is work carried out in conditions of a free labour relationship. This necessarily requires the formal consent of the person concerned and the corresponding safeguards in respect of wages enabling such work to be assimilated to a free labour relationship.

The Committee noted the Government's statement that it was not possible to provide information on the measures taken to bring prison legislation into line with the provisions of the Convention because the Labour Code was being updated.

The Committee once again requests the Government to indicate in its next report how work performed for private enterprises on prison premises is organized in practice, with particulars of the activities of the prisoners working for such enterprises, and to provide samples of the contracts used along with the rules governing prisoners' wages or pay.

The Committee hopes that the Government will also report on progress made in bringing the legislation into conformity with the Convention.

2. With reference to its previous comments on freedom to leave the service of the State, the Committee once again requests the Government to provide a copy of Act No. 48/AN/83-1st of 26 June 1983, concerning the conditions of service in the public service, and Decree No. 89-062/PRE of 29 May 1989 concerning the conditions of service of public servants, as well as of Decree No. 88-043/PRE of 31 May 1988 issuing the general conditions of service of servicemen, and Decree No. 88-044/PRE of 10 May 1988 issuing the conditions of service of officers.

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The Committee notes the Government's report.

1. Prison labour. The Committee noted previously that section 23 of Act No. 144/AN/80 of 16 September 1980 to issue the Prison Code, provides that the work of prisoners shall be organized by the prison administration and section 24 of the Act provides that prisoners may be employed by the public services or by private undertakings, though the work carried out for private undertakings must be performed on the prison premises.

The Committee pointed out that the provisions of Article 2, paragraph 2(c), of the Convention expressly prohibit a person from whom work is exacted as a consequence of a conviction in a court of law from being hired to or placed at the disposal of private individuals, companies or associations. This applies not only to work performed outside the penitenary establishment but also to work performed inside the prison for private undertakings. The only work which can be considered as exempt from this prohibition is work carried out in conditions of a free labour relationship. This necessarily requires the formal consent of the person concerned and the corresponding safeguards in respect of wages enabling such work to be assimilated to a free labour relationship.

The Committee notes the Government's statement in its last report that it is not possible to provide information on measures taken to bring prison legislation into line with the provisions of the Convention because the Labour Code is currently being updated.

The Committee requests the Government to indicate in its next report how work performed for private enterprises on prison premises is organized, with particulars of the activities of the prisoners working for such enterprises, and to provide samples of the contracts used along with the rules governing prisoners' wages or pay.

The Committee hopes that the Government will also report on progress made in bringing the legislation into conformity with the Convention.

2. With reference to its previous comments on freedom to leave the service of the State, the Committee asks the Government to provide a copy of Act No. 48/AN/83 of 26 June 1983 concerning the Conditions of Service in the Public Service and Decree No. 89-062/PRE of 29 May 1989 concerning the Conditions of Service of Public Servants, as well as Decree No. 88-043/PRE of 31 May 1988 issuing the General Conditions of Service of Servicemen, and Decree No. 88-044/PRE of 10 May 1988 issuing the Conditions of Service of Officers.

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The Committee takes note of the Government's report.

1. Prison labour. The Committee noted previously that section 23 of Act No. 144/AN/80 of 16 September 1980 to issue the Prison Code, provides that the work of prisoners shall be organised by the prison administration and section 24 of the Act provides that prisoners may be employed by the public services or by private undertakings, though the work carried out for private undertakings must be performed on the prison premises.

The Committee referred to paragraphs 97 and 98 of its General Survey of 1979 on the abolition of forced labour, in which it draws attention to the fact that the provisions of Article 2, paragraph 2(c), of the Convention which prohibit convict labour from being hired to or placed at the disposal of private individuals, companies or associations are not limited to work outside penitentiary establishments but apply equally to workshops which may be operated by private undertakings inside prisons. Accordingly, the use of the labour of convicted persons in such workshops would be compatible with the Convention only if it were subject to the consent of the prisoners concerned and to certain safeguards, particularly in respect of wages, enabling such work to be assimilated to a free labour relationship.

The Committee noted that consultations were going on between the Ministry of Labour and the Ministry of Justice with a view to amending the Prison Code so as to bring it into conformity with the Convention.

The Committee notes the Government's indications in its last report, to the effect that there have been no new developments in this respect. The Committee hopes that the Government will shortly be able to indicate the measures adopted to bring the legislation into conformity with the Convention on this point.

2. Freedom to leave the service of State. In its previous comments, the Committee noted that officers and non-commissioned officers must first sign an engagement for ten years, the years spent on study forming part of these ten years.

Referring to the explanations given in paragraphs 67-73 of its General Survey of 1979 on the abolition of forced labour, concerning restrictions on the freedom of workers to leave their employment, the Committee asked the Government to indicate the measures taken or under consideration, in the light of these explanations, either to establish a reasonable ratio between the duration of the engagement and the duration of the training received, or to provide for the possibility of resigning on the basis of a reimbursement in proportion to the duration of the studies.

The Committee notes the Government's indications to the effect that there have been no further developments concerning the application of the Convention on this point, and again requests the Government to indicate the measures envisaged in the light of the above explanations.