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The Committee notes with regret 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:

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 31 November 1981 complementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 2(2)(c) of the Convention. Prison labour hired out to private individuals. The Committee notes that, under the terms of section 78 of Decree No. 247/72/PRG and section 79 of Decree No. 624/PRG/81, the work of prisoners consists, apart from labour gangs in the service of the prison, of workshop activities inside the prison and this work can be transferred under concession to individuals upon signature of an agreement with the administrative authority under the technical surveillance of the contractor’s delegate. This work can also consist of external work in the fields and on public worksites. The abovementioned sections state that all proceeds from this work go to the prisoners themselves.

The Committee recalls that, under the terms of these provisions of the Convention, any work or service exacted from any person as a consequence of a conviction in a court of law is only excluded from the scope of the Convention if the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. In order to comply with the Convention, private employment of prison labour must depend on the formal consent of the prisoner concerned (see paragraph 60 of the General Survey of 2007 on eradication of forced labour). In view of the particular situation in which prisoners are placed, this form of consent must also be endorsed by a number of guarantees, aimed at making prisoners’ conditions of work comparable to those of free workers. As part of these guarantees, the Committee has mentioned the level of remuneration and occupational safety and health protection. The Committee notes that no provision of the abovementioned Decrees provides that prison labour for private individuals must be performed on a voluntary basis and with the necessary guarantees. It notes that the fact that prisoners are “transferred” (cédés) for work, as referred to in the abovementioned sections 78 and 79, tends to denote a lack of consent on the part of the prisoners. The Committee emphasizes the need to incorporate provisions in the national legislation which establish, firstly, the obligation to obtain formal consent from prisoners to work for private individuals, companies or associations and, secondly, guarantees, especially regarding remuneration and occupational safety and health, indicating the existence of conditions of work which are comparable to those of a free employment relationship. It would be grateful if the Government would indicate whether, in practice, convicted prisoners are hired, inside or outside prisons, to private individuals, companies or associations, as provided for by section 78 of Decree No. 247/72/PRG and section 79 of Decree No. 624/PRG/81. If so, it requests the Government to indicate how the formal consent of the prisoners concerned is ensured and what guarantees they enjoy, particularly with regard to remuneration and occupational safety and health.

Article 2(2)(d). Cases of emergency. The Committee notes that section 517(11) of the Penal Code states that anyone capable who refuses or neglects to perform work or service or to lend assistance required of them in cases of accident, unrest, shipwreck, flood, fire or other calamities, or in cases of banditry, looting, blatant criminal activity, public disturbance or judicial execution, shall be liable to imprisonment ranging from one to 15 days and a fine. It notes that, although some of the abovementioned circumstances do correspond to cases of emergency as provided for by Article 2(2)(d), others – particularly cases of banditry, looting, blatant criminal activity, public disturbance and judicial execution – cannot be considered as cases of emergency within the meaning of these provisions of the Convention. The Committee requests the Government to indicate how these provisions are applied in practice, by sending a copy of any court decision issued on the basis of section 517(11) of the Penal Code.

Articles 1(1) and 2(1). Vagrancy. The Committee notes that section 272 of the Penal Code states that vagrants are persons who have no fixed abode and no means of subsistence and generally have no job or occupation. Under the terms of section 273(1), any person who has been officially declared a vagrant is liable by virtue thereof to imprisonment ranging from three to six months. The Committee notes that this very broad definition of vagrancy might lead to the imposition of imprisonment including the obligation to work on persons who have done nothing to disturb public order. As indicated by the terms of section 273(1) itself, the very fact of having no fixed abode or means of subsistence and being habitually without a job or occupation is sufficient to come within the scope of application of the Penal Code. The Committee emphasizes that such provisions, which are sufficiently general to be potentially applicable in such a way as to constitute a direct or indirect constraint to work, are incompatible with the Convention. It therefore requests the Government to take the necessary steps to restrict the scope of sections 272 and 273 only to persons who are guilty of unlawful activity. In the meantime, it would be grateful if the Government would indicate how these sections are applied in practice and send a copy of any court decision issued on the basis thereof.

Article 25. Penalties. The Committee notes that section 337 of the Penal Code concerning the trafficking of persons states that anyone who concludes an agreement for the purpose of depriving another of his or her freedom, whether for financial gain or free of charge, shall be liable to imprisonment ranging from five to ten years. Moreover, securing the provision of services without remuneration, or in exchange for remuneration that is clearly not commensurate with the scale of the task accomplished, by abusing the vulnerability or dependent situation of a person, shall be liable to imprisonment ranging from six months to five years and a fine. Finally, exposing a person to conditions of work or accommodation which are incompatible with human dignity by abusing that person’s vulnerability or dependent situation, shall be liable to imprisonment ranging from one month to five years and a fine. Section 339 of the Penal Code states that anyone who delivers or receives a person into bondage shall be liable to imprisonment ranging from one month to two years, which may be increased to five years in cases where the victim is under 15 years of age, and a fine. The Committee requests the Government to indicate whether any court decisions have been issued on the basis of these provisions. If so, it would be grateful if the Government would send a copy of them to the Office.

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The Committee notes with regret 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:

1. The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 31 November 1981 complementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

2. Article 2, paragraph 2, subparagraph (c), of the Convention. Prison labour hired out to private individuals. The Committee notes that, under the terms of section 78 of Decree No. 247/72/PRG and section 79 of Decree No. 624/PRG/81, the work of prisoners consists, apart from labour gangs in the service of the prison, of workshop activities inside the prison and this work can be transferred under concession to individuals upon signature of an agreement with the administrative authority under the technical surveillance of the contractor’s delegate. This work can also consist of external work in the fields and on public worksites. The abovementioned sections state that all proceeds from this work go to the prisoners themselves.

The Committee recalls that, under the terms of these provisions of the Convention, any work or service exacted from any person as a consequence of a conviction in a court of law is only excluded from the scope of the Convention if the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. In order to comply with the Convention, private employment of prison labour must depend on the formal consent of the prisoner concerned (see paragraph 60 of the General Survey of 2007 on eradication of forced labour). In view of the particular situation in which prisoners are placed, this form of consent must also be endorsed by a number of guarantees, aimed at making prisoners’ conditions of work comparable to those of free workers. As part of these guarantees, the Committee has mentioned the level of remuneration and occupational safety and health protection. The Committee notes that no provision of the abovementioned Decrees provides that prison labour for private individuals must be performed on a voluntary basis and with the necessary guarantees. It notes that the fact that prisoners are “transferred” (cédés) for work, as referred to in the abovementioned sections 78 and 79, tends to denote a lack of consent on the part of the prisoners. The Committee emphasizes the need to incorporate provisions in the national legislation which establish, firstly, the obligation to obtain formal consent from prisoners to work for private individuals, companies or associations and, secondly, guarantees, especially regarding remuneration and occupational safety and health, indicating the existence of conditions of work which are comparable to those of a free employment relationship. It would be grateful if the Government would indicate whether, in practice, convicted prisoners are hired, inside or outside prisons, to private individuals, companies or associations, as provided for by section 78 of Decree No. 247/72/PRG and section 79 of Decree No. 624/PRG/81. If so, it requests the Government to indicate how the formal consent of the prisoners concerned is ensured and what guarantees they enjoy, particularly with regard to remuneration and occupational safety and health.

3. Article 2, paragraph 2, subparagraph (d). Cases of emergency. The Committee notes that section 517(11) of the Penal Code states that anyone capable who refuses or neglects to perform work or service or to lend assistance required of them in cases of accident, unrest, shipwreck, flood, fire or other calamities, or in cases of banditry, looting, blatant criminal activity, public disturbance or judicial execution, shall be liable to imprisonment ranging from one to 15 days and a fine. It notes that, although some of the abovementioned circumstances do correspond to cases of emergency as provided for by Article 2(2)(d), others – particularly cases of banditry, looting, blatant criminal activity, public disturbance and judicial execution – cannot be considered as cases of emergency within the meaning of these provisions of the Convention. The Committee requests the Government to indicate how these provisions are applied in practice, by sending a copy of any court decision issued on the basis of section 517(11) of the Penal Code.

4. Articles 1 (paragraph 1), and 2 (paragraph 1). Vagrancy. The Committee notes that section 272 of the Penal Code states that vagrants are persons who have no fixed abode and no means of subsistence and generally have no job or occupation. Under the terms of section 273(1), any person who has been officially declared a vagrant is liable by virtue thereof to imprisonment ranging from three to six months. The Committee notes that this very broad definition of vagrancy might lead to the imposition of imprisonment including the obligation to work on persons who have done nothing to disturb public order. As indicated by the terms of section 273(1) itself, the very fact of having no fixed abode or means of subsistence and being habitually without a job or occupation is sufficient to come within the scope of application of the Penal Code. The Committee emphasizes that such provisions, which are sufficiently general to be potentially applicable in such a way as to constitute a direct or indirect constraint to work, are incompatible with the Convention. It therefore requests the Government to take the necessary steps to restrict the scope of sections 272 and 273 only to persons who are guilty of unlawful activity. In the meantime, it would be grateful if the Government would indicate how these sections are applied in practice and send a copy of any court decision issued on the basis thereof.

5. Article 25. Penalties. The Committee notes that section 337 of the Penal Code concerning the trafficking of persons states that anyone who concludes an agreement for the purpose of depriving another of his or her freedom, whether for financial gain or free of charge, shall be liable to imprisonment ranging from five to ten years. Moreover, securing the provision of services without remuneration, or in exchange for remuneration that is clearly not commensurate with the scale of the task accomplished, by abusing the vulnerability or dependent situation of a person, shall be liable to imprisonment ranging from six months to five years and a fine. Finally, exposing a person to conditions of work or accommodation which are incompatible with human dignity by abusing that person’s vulnerability or dependent situation, shall be liable to imprisonment ranging from one month to five years and a fine. Section 339 of the Penal Code states that anyone who delivers or receives a person into bondage shall be liable to imprisonment ranging from one month to two years, which may be increased to five years in cases where the victim is under 15 years of age, and a fine. The Committee requests the Government to indicate whether any court decisions have been issued on the basis of these provisions. If so, it would be grateful if the Government would send a copy of them to the Office.

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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 direct request:

1. The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 31 November 1981 complementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

2. Article 2(2)(c) of the Convention. Prison labour hired out to private individuals. The Committee notes that, under the terms of section 78 of Decree No. 247/72/PRG and section 79 of Decree No. 624/PRG/81, the work of prisoners consists, apart from labour gangs in the service of the prison, of workshop activities inside the prison and this work can be transferred under concession to individuals upon signature of an agreement with the administrative authority under the technical surveillance of the contractor’s delegate. This work can also consist of external work in the fields and on public worksites. The abovementioned sections state that all proceeds from this work go to the prisoners themselves.

The Committee recalls that, under the terms of these provisions of the Convention, any work or service exacted from any person as a consequence of a conviction in a court of law is only excluded from the scope of the Convention if the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. In order to comply with the Convention, private employment of prison labour must depend on the formal consent of the prisoner concerned (see paragraph 60 of the General Survey of 2007 on eradication of forced labour). In view of the particular situation in which prisoners are placed, this form of consent must also be endorsed by a number of guarantees, aimed at making prisoners’ conditions of work comparable to those of free workers. As part of these guarantees, the Committee has mentioned the level of remuneration and occupational safety and health protection. The Committee notes that no provision of the abovementioned Decrees provides that prison labour for private individuals must be performed on a voluntary basis and with the necessary guarantees. It notes that the fact that prisoners are “transferred” (cédés) for work, as referred to in the abovementioned sections 78 and 79, tends to denote a lack of consent on the part of the prisoners. The Committee emphasizes the need to incorporate provisions in the national legislation which establish, firstly, the obligation to obtain formal consent from prisoners to work for private individuals, companies or associations and, secondly, guarantees, especially regarding remuneration and occupational safety and health, indicating the existence of conditions of work which are comparable to those of a free employment relationship. It would be grateful if the Government would indicate whether, in practice, convicted prisoners are hired, inside or outside prisons, to private individuals, companies or associations, as provided for by section 78 of Decree No. 247/72/PRG and section 79 of Decree No. 624/PRG/81. If so, it requests the Government to indicate how the formal consent of the prisoners concerned is ensured and what guarantees they enjoy, particularly with regard to remuneration and occupational safety and health.

3. Article 2(2)(d). Cases of emergency. The Committee notes that section 517(11) of the Penal Code states that anyone capable who refuses or neglects to perform work or service or to lend assistance required of them in cases of accident, unrest, shipwreck, flood, fire or other calamities, or in cases of banditry, looting, blatant criminal activity, public disturbance or judicial execution, shall be liable to imprisonment ranging from one to 15 days and a fine. It notes that, although some of the abovementioned circumstances do correspond to cases of emergency as provided for by Article 2(2)(d), others – particularly cases of banditry, looting, blatant criminal activity, public disturbance and judicial execution – cannot be considered as cases of emergency within the meaning of these provisions of the Convention. The Committee requests the Government to indicate how these provisions are applied in practice, by sending a copy of any court decision issued on the basis of section 517(11) of the Penal Code.

4. Articles 1(1) and 2(1). Vagrancy. The Committee notes that section 272 of the Penal Code states that vagrants are persons who have no fixed abode and no means of subsistence and generally have no job or occupation. Under the terms of section 273(1), any person who has been officially declared a vagrant is liable by virtue thereof to imprisonment ranging from three to six months. The Committee notes that this very broad definition of vagrancy might lead to the imposition of imprisonment including the obligation to work on persons who have done nothing to disturb public order. As indicated by the terms of section 273(1) itself, the very fact of having no fixed abode or means of subsistence and being habitually without a job or occupation is sufficient to come within the scope of application of the Penal Code. The Committee emphasizes that such provisions, which are sufficiently general to be potentially applicable in such a way as to constitute a direct or indirect constraint to work, are incompatible with the Convention. It therefore requests the Government to take the necessary steps to restrict the scope of sections 272 and 273 only to persons who are guilty of unlawful activity. In the meantime, it would be grateful if the Government would indicate how these sections are applied in practice and send a copy of any court decision issued on the basis thereof.

5. Article 25. Penalties. The Committee notes that section 337 of the Penal Code concerning the trafficking of persons states that anyone who concludes an agreement for the purpose of depriving another of his or her freedom, whether for financial gain or free of charge, shall be liable to imprisonment ranging from five to ten years. Moreover, securing the provision of services without remuneration, or in exchange for remuneration that is clearly not commensurate with the scale of the task accomplished, by abusing the vulnerability or dependent situation of a person, shall be liable to imprisonment ranging from six months to five years and a fine. Finally, exposing a person to conditions of work or accommodation which are incompatible with human dignity by abusing that person’s vulnerability or dependent situation, shall be liable to imprisonment ranging from one month to five years and a fine. Section 339 of the Penal Code states that anyone who delivers or receives a person into bondage shall be liable to imprisonment ranging from one month to two years, which may be increased to five years in cases where the victim is under 15 years of age, and a fine. The Committee requests the Government to indicate whether any court decisions have been issued on the basis of these provisions. If so, it would be grateful if the Government would send a copy of them to the Office.

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1. The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 31 November 1981 complementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

2. Article 2(2)(c) of the Convention. Prison labour hired out to private individuals. The Committee notes that, under the terms of section 78 of Decree No. 247/72/PRG and section 79 of Decree No. 624/PRG/81, the work of prisoners consists, apart from labour gangs in the service of the prison, of workshop activities inside the prison and this work can be transferred under concession to individuals upon signature of an agreement with the administrative authority under the technical surveillance of the contractor’s delegate. This work can also consist of external work in the fields and on public worksites. The abovementioned sections state that all proceeds from this work go to the prisoners themselves.

The Committee recalls that, under the terms of these provisions of the Convention, any work or service exacted from any person as a consequence of a conviction in a court of law is only excluded from the scope of the Convention if the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. In order to comply with the Convention, private employment of prison labour must depend on the formal consent of the prisoner concerned (see paragraph 60 of the General Survey of 2007 on eradication of forced labour). In view of the particular situation in which prisoners are placed, this form of consent must also be endorsed by a number of guarantees, aimed at making prisoners’ conditions of work comparable to those of free workers. As part of these guarantees, the Committee has mentioned the level of remuneration and occupational safety and health protection. The Committee notes that no provision of the abovementioned Decrees provides that prison labour for private individuals must be performed on a voluntary basis and with the necessary guarantees. It notes that the fact that prisoners are “transferred” (cédés) for work, as referred to in the abovementioned sections 78 and 79, tends to denote a lack of consent on the part of the prisoners. The Committee emphasizes the need to incorporate provisions in the national legislation which establish, firstly, the obligation to obtain formal consent from prisoners to work for private individuals, companies or associations and, secondly, guarantees, especially regarding remuneration and occupational safety and health, indicating the existence of conditions of work which are comparable to those of a free employment relationship. It would be grateful if the Government would indicate whether, in practice, convicted prisoners are hired, inside or outside prisons, to private individuals, companies or associations, as provided for by section 78 of Decree No. 247/72/PRG and section 79 of Decree No. 624/PRG/81. If so, it requests the Government to indicate how the formal consent of the prisoners concerned is ensured and what guarantees they enjoy, particularly with regard to remuneration and occupational safety and health.

3. Article 2(2)(d). Cases of emergency. The Committee notes that section 517(11) of the Penal Code states that anyone capable who refuses or neglects to perform work or service or to lend assistance required of them in cases of accident, unrest, shipwreck, flood, fire or other calamities, or in cases of banditry, looting, blatant criminal activity, public disturbance or judicial execution, shall be liable to imprisonment ranging from one to 15 days and a fine. It notes that, although some of the abovementioned circumstances do correspond to cases of emergency as provided for by Article 2(2)(d), others – particularly cases of banditry, looting, blatant criminal activity, public disturbance and judicial execution – cannot be considered as cases of emergency within the meaning of these provisions of the Convention. The Committee requests the Government to indicate how these provisions are applied in practice, by sending a copy of any court decision issued on the basis of section 517(11) of the Penal Code.

4. Articles 1(1) and 2(1). Vagrancy. The Committee notes that section 272 of the Penal Code states that vagrants are persons who have no fixed abode and no means of subsistence and generally have no job or occupation. Under the terms of section 273(1), any person who has been officially declared a vagrant is liable by virtue thereof to imprisonment ranging from three to six months. The Committee notes that this very broad definition of vagrancy might lead to the imposition of imprisonment including the obligation to work on persons who have done nothing to disturb public order. As indicated by the terms of section 273(1) itself, the very fact of having no fixed abode or means of subsistence and being habitually without a job or occupation is sufficient to come within the scope of application of the Penal Code. The Committee emphasizes that such provisions, which are sufficiently general to be potentially applicable in such a way as to constitute a direct or indirect constraint to work, are incompatible with the Convention. It therefore requests the Government to take the necessary steps to restrict the scope of sections 272 and 273 only to persons who are guilty of unlawful activity. In the meantime, it would be grateful if the Government would indicate how these sections are applied in practice and send a copy of any court decision issued on the basis thereof.

5. Article 25. Penalties. The Committee notes that section 337 of the Penal Code concerning the trafficking of persons states that anyone who concludes an agreement for the purpose of depriving another of his or her freedom, whether for financial gain or free of charge, shall be liable to imprisonment ranging from five to ten years. Moreover, securing the provision of services without remuneration, or in exchange for remuneration that is clearly not commensurate with the scale of the task accomplished, by abusing the vulnerability or dependent situation of a person, shall be liable to imprisonment ranging from six months to five years and a fine. Finally, exposing a person to conditions of work or accommodation which are incompatible with human dignity by abusing that person’s vulnerability or dependent situation, shall be liable to imprisonment ranging from one month to five years and a fine. Section 339 of the Penal Code states that anyone who delivers or receives a person into bondage shall be liable to imprisonment ranging from one month to two years, which may be increased to five years in cases where the victim is under 15 years of age, and a fine. The Committee requests the Government to indicate whether any court decisions have been issued on the basis of these provisions. If so, it would be grateful if the Government would send a copy of them to the Office.

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Freedom of public servants to terminate their employment. In relation to its previous comments concerning the freedom of public servants to terminate their employment on their own initiative, the Committee notes with interest article 122 of Law No. L/2001/028/AN on the general status of public servants, communicated by the Government. This article provides for the right of a public servant to resign by means of a written request presented to the relevant administrative authority. A decision by the competent authority to intervene must occur within three months, beyond which point the request to resign is deemed accepted.

Minor communal services. The Committee notes the information from the Government concerning work involving the construction of ramps in rural communities.

Child trafficking. Concerning the questions raised by the Committee in its previous direct request on the situation of child victims of sale, trafficking and prostitution, the Committee notes the ratification of Convention No. 182 in 2003. It considers that these questions can henceforth be considered with greater specificity under that Convention.

Request for legislation. The Committee asks the Government to communicate a copy of the Penal Code, as well as copies of provisions governing the penitentiary system.

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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. The Committee has noted the Government’s reply in its latest report to the Committee’s request for information on the application of sections 103 and 105 of the General Public Service Statute concerning in particular the reasons for the competent authority to accept or refuse a resignation and on the type of disciplinary sanctions provided. The Government indicates that the freedom of public servants to leave their employment constitutes normal practice following the institution of the system of voluntary departure and granting of non-active status. The Committee requests the Government to supply a copy of the legislative texts relating to the system of voluntary departure and granting of non-active status.

The Committee requests the Government to take the necessary measures to bring national legislation into conformity with the Convention, by repealing or specifically amending the abovementioned provisions so that there is no ambiguity in regard to their application and the law reflects a practice which, according to the Government, is already in force.

2. The Committee has noted the information supplied by the Government in its report regarding the creation of "bypasses" (bretelles)- in rural communities which enable citizens to exploit their harvests or, often, prevent bush fires which could ravage plantations, food crops, etc. - which may be requested at the initiative of either a political authority or an administrative authority. The Committee requests the Government to indicate whether this work is carried out in the direct interest of the community and whether the people who must perform the work have the opportunity to express an opinion as to whether it is justified.

3. The Committee requests the Government to indicate whether the new general public service statute mentioned in previous reports has been adopted and to supply a copy.

4. The Committee has noted the final observations of the Committee on the Rights of the Child (CRC/C/15/Add.100) which expresses concern in relation to children victims of sale, trafficking and prostitution (paragraph 10). In the report submitted to the Committee on the Rights of the Child (CRC/C/3/Add.48 of June 1997), the Government refers to sections 289-290 and 299-300 of the Penal Code of 1975 which punishes kidnapping or trafficking, pawning and prostitution of children (paragraph 87).

5. Article 25 of the Convention. By virtue of Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee requests the Government to supply information on any judicial procedures brought against persons responsible for trafficking or economic and sexual exploitation of children and any sentences imposed.

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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 following matters raised in its previous direct request.

1. The Committee has noted the Government’s reply in its latest report to the Committee’s request for information on the application of sections 103 and 105 of the General Public Service Statute concerning in particular the reasons for the competent authority to accept or refuse a resignation and on the type of disciplinary sanctions provided. The Government indicates that the freedom of public servants to leave their employment constitutes normal practice following the institution of the system of voluntary departure and granting of non-active status. The Committee requests the Government to supply a copy of the legislative texts relating to the system of voluntary departure and granting of non-active status.

The Committee requests the Government to take the necessary measures to bring national legislation into conformity with the Convention, by repealing or specifically amending the abovementioned provisions so that there is no ambiguity in regard to their application and the law reflects a practice which, according to the Government, is already in force.

2. The Committee has noted the information supplied by the Government in its report regarding the creation of "bypasses" (bretelles)- in rural communities which enable citizens to exploit their harvests or, often, prevent bush fires which could ravage plantations, food crops, etc. - which may be requested at the initiative of either a political authority or an administrative authority. The Committee requests the Government to indicate whether this work is carried out in the direct interest of the community and whether the people who must perform the work have the opportunity to express an opinion as to whether it is justified.

3. The Committee requests the Government to indicate whether the new general public service statute mentioned in previous reports has been adopted and to supply a copy.

4. The Committee has noted the final observations of the Committee on the Rights of the Child (CRC/C/15/Add.100) which expresses concern in relation to children victims of sale, trafficking and prostitution (paragraph 10). In the report submitted to the Committee on the Rights of the Child (CRC/C/3/Add.48 of June 1997), the Government refers to sections 289-290 and 299-300 of the Penal Code of 1975 which punishes kidnapping or trafficking, pawning and prostitution of children (paragraph 87).

5. Article 25 of the Convention. By virtue of Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee requests the Government to supply information on any judicial procedures brought against persons responsible for trafficking or economic and sexual exploitation of children and any sentences imposed.

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1. The Committee notes the Government’s reply in its latest report to the Committee’s request for information on the application of sections 103 and 105 of the General Public Service Statute concerning in particular the reasons for the competent authority to accept or refuse a resignation and on the type of disciplinary sanctions provided. The Government indicates that the freedom of public servants to leave their employment constitutes normal practice following the institution of the system of voluntary departure and granting of non-active status. The Committee requests the Government to supply a copy of the legislative texts relating to the system of voluntary departure and granting of non-active status.

The Committee requests the Government to take the necessary measures to bring national legislation into conformity with the Convention, by repealing or specifically amending the abovementioned provisions so that there is no ambiguity in regard to their application and the law reflects a practice which, according to the Government, is already in force.

2. The Committee notes the information supplied by the Government in its report regarding the creation of "bypasses" (bretelles)- in rural communities which enable citizens to exploit their harvests or, often, prevent bush fires which could ravage plantations, food crops, etc. - which may be requested at the initiative of either a political authority or an administrative authority. The Committee requests the Government to indicate whether this work is carried out in the direct interest of the community and whether the people who must perform the work have the opportunity to express an opinion as to whether it is justified.

3. The Committee requests the Government to indicate whether the new general public service statute mentioned in previous reports has been adopted and to supply a copy.

4. The Committee notes the final observations of the Committee on the Rights of the Child (CRC/C/15/Add.100) which expresses concern in relation to children victims of sale, trafficking and prostitution (paragraph 10). In the report submitted to the Committee on the Rights of the Child (CRC/C/3/Add.48 of June 1997), the Government refers to sections 289-290 and 299-300 of the Penal Code of 1975 which punishes kidnapping or trafficking, pawning and prostitution of children (paragraph 87).

5. Article 25 of the Convention. By virtue of Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee requests the Government to supply information on any judicial procedures brought against persons responsible for trafficking or economic and sexual exploitation of children and any sentences imposed.

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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. 1. In its previous comments, the Committee has sought information concerning the freedom of public servants to leave their employment, particularly with regard to those public servants who have benefited from training. The Committee notes the Government's response that public servants, like workers in the private and mixed sectors, are free to terminate employment. In the case of workers in the private and mixed sectors, the procedure is compulsory under sections 2, 73 and 77 of the Labour Code and in respect of vocational training, is governed by section 10 of the Ordinance No. 91/026/PRG/SGG of 11 March 1991. In the case of public servants, freedom to terminate is governed by sections 1, 6, 102, 103, 104, 105 and 111 of the General Public Service Statute. The Committee notes that under the above section 103, resignation is only effective in so far as it is accepted by the authority empowered to make appointments; and that under section 105 disciplinary sanctions are provided for in this respect. The Committee refers to the explanations given in paragraphs 67 to 69 of the General Survey of 1979 on the abolition of forced labour, and requests the Government to provide information in respect of the application of sections 103 and 105 of the General Public Service Statute, in particular with regard to the criteria applied by the competent authorities in accepting or refusing an application to resign, and the types of disciplinary sanctions provided for. 2. The Committee once again requests the Government to indicate whether the new Public Service Statute, which it referred to in previous reports, has been adopted and, if so, to provide a copy of the text. 3. 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. 1. In its previous comments, the Committee has sought information concerning the freedom of public servants to leave their employment, particularly with regard to those public servants who have benefited from training.

The Committee notes the Government's response that public servants, like workers in the private and mixed sectors, are free to terminate employment. In the case of workers in the private and mixed sectors, the procedure is compulsory under sections 2, 73 and 77 of the Labour Code and in respect of vocational training, is governed by section 10 of the Ordinance No. 91/026/PRG/SGG of 11 March 1991. In the case of public servants, freedom to terminate is governed by sections 1, 6, 102, 103, 104, 105 and 111 of the General Public Service Statute.

The Committee notes that under the above section 103, resignation is only effective in so far as it is accepted by the authority empowered to make appointments; and that under section 105 disciplinary sanctions are provided for in this respect. The Committee refers to the explanations given in paragraphs 67 to 69 of the General Survey of 1979 on the abolition of forced labour, and requests the Government to provide information in respect of the application of sections 103 and 105 of the General Public Service Statute, in particular with regard to the criteria applied by the competent authorities in accepting or refusing an application to resign, and the types of disciplinary sanctions provided for.

2. The Committee once again requests the Government to indicate whether the new Public Service Statute, which it referred to in previous reports, has been adopted and, if so, to provide a copy of the text.

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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 matter raised in its previous direct request:

Freedom of state employees to leave their employment. In its previous comments, the Committee noted the Government's statements to the effect that public servants who have benefited from training at the expense of the State have to complete at least five years of actual service in the administration for their resignation applications to be approved.

In its report received in April 1994, the Government states that only workers covered by the provisions of the Labour Code are subject to the obligation to remain in the service of their employers for a period at least equivalent to that of their training and that, in the case of public servants, this obligation is not enforced.

The Committee requests the Government to supply copies of the texts that are applicable in this respect.

The Committee also requests the Government to indicate whether the new conditions of service of the public service, to which reference was made in previous reports, have been adopted.

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Freedom of state employees to leave their employment. In its previous comments, the Committee noted the Government's statements to the effect that public servants who have benefited from training at the expense of the State have to complete at least five years of actual service in the administration for their resignation applications to be approved.

In its last report, the Government states that only workers covered by the provisions of the Labour Code are subject to the obligation to remain in the service of their employers for a period at least equivalent to that of their training and that, in the case of public servants, this obligation is not enforced.

The Committee requests the Government to supply copies of the texts that are applicable in this respect.

The Committee also requests the Government to indicate whether the new conditions of service of the public service, to which reference was made in previous reports, have been adopted.

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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:

Freedom of workers in the service of the State to leave their employment. With reference to its previous direct request, the Committee noted the information in the Government's report for the period ending 30 June 1991 to the effect that public servants who have received training financed by the State must have completed five years of effective service in the administration before they can be authorized to resign. The Committee again requests the Government to provide a copy of the texts applying to this matter.

The Committee also again asks the Government to provide with its future reports copies of any amendments to the Public Service Statute or of any new statutes adopted.

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Freedom of workers in the service of the State to leave their employment. With reference to its previous direct request, the Committee notes the information in the Government's report to the effect that public servants who have received training financed by the State must have completed five years of effective service in the administration before they can be authorized to resign. The Committee requests the Government to provide a copy of the texts applying to this matter.

The Committee also asks the Government to provide with its future reports copies of any amendments to the Public Service Statute or of any new statutes adopted.

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Freedom of workers in the service of the State to leave their employment

For some years, the Committee has been noting the Government's indications to the effect that a new public service statute is being prepared, and has requested the Government to provide a copy of this text as soon as it is adopted. The Committee notes that the Government's report contains no information on this matter and hopes that the Government will shortly report on the progress of the above revision. The Committee notes that under sections 103 and 105 of Ordinance No. 048/PRG of 1959 issuing the general conditions of service of the public service, which, the Committee understands, is still in force, resignation is only effective in so far as it is accepted by the authority empowered to make appointments, whose decision must be given within three months. A public servant who ceases his duties before his resignation is accepted loses all his acquired rights and may be liable to disciplinary sanctions. The Committee requests the Government to state the criteria that are applied by the competent authorities in accepting or refusing an application to resign and the possibilities of appeal in the event of refusal. It also asks the Government to provide a copy of the texts applying to the resignation of public servants who have received training financed by the State.