Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Referring to its observation on the Convention, the Committee hopes that the Government will provide information on the following points raised in its previous comments:

1. The Committee requests the Government to provide detailed information on the activities carried out, suggestions made and results achieved by the Committee for the Protection of Child Labour which is entrusted with the following responsibilities: protect and eliminate the abuse of child labour; recommend ways and means to resolve problems of child labour within and outside establishments; undertake study and research on the problem of the use of child labour within and outside the industrial sector; recommend guide-lines for the protection of and assistance to working children; promote and support the public and private agencies and organisations in the field of child labour; organise meetings, seminars and training on child labour at the national level; co-ordinate with other public and private agencies concerned with child labour; to set up any subcommittees as necessary for its work.

2. The Committee noted previously the information supplied by the Government concerning activities of the Department of Public Welfare entrusted with the protection against exploitation and maltreatment of children such as assisting the abused children and the children working under improper conditions and refer the exploited children to appropriate welfare institutions. The Committee hopes that the Government will continue to provide information in this regard, as well as on activities of various other bodies dealing with rehabilitation of children, in particular the Women and Child Division of the Department of Labour.

3. The Committee noted from the information provided by the Government to the Conference Committee in 1987 that in view of the number of establishments to be covered and for effective inspection of child labour a joint inspection system was set up in 1984. The Committee requests the Government to provide detailed information on the inspections carried out and the results achieved through this joint structure, in particular to ascertain that children are not sold or purchased by job-securing agents, and to remove children from illegal employment and from nightspots and brothels.

4. In its previous comments the Committee referred to section 39 of the Local Administration Act, BE 2457 (1914) under which a Kamnan is empowered to requisition persons for compulsory service as guides, porters, etc., and which is therefore not in conformity with the Convention. The Government indicated in 1978 that the legislation in question had no practical application and action had been initiated to repeal and revise it. The Committee noted the Government's indication in its latest report that a Kamnan supplying a voyager, during his official journey, with food, vehicle, guide and porter, can reimburse any expense incurred from the per diem of that voyager and no person will be requisitioned for doing those services. The Committee consequently again expresses the hope that the Government will repeal the powers to impose compulsory service under this provision and thus bring legislation on this point into conformity with the Convention and the indicated practice.

5. In its previous comments the Committee also referred to sections 60, 96, 115, 117 and 118 of the Local Administration Act under which labour may be called upon inter alia, for constructing dams, repairing canals, and maintaining ways of communication by land or water. The Committee asked the Government to provide information on the practical application of these sections, specifying the nature of the aid which the inhabitants may be called upon to render under section 60, the various types of projects undertaken under sections 115 to 118, the number of persons and days of labour involved. The Committee noted the Government's information in its report according to which no details concerning services rendered are available but that voluntary services are offered only in case of emergency situations such as floods or other natural disasters.

The Committee refers to paragraphs 36 and 63 to 66 of its 1979 General Survey on the Abolition of Forced Labour where it stated that the concept of emergency involves a "sudden, unforeseen happening" calling for instant counter-measures, the duration and extent of compulsory service as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation. The Committee requests the Government to provide information on measures taken or envisaged to clearly lay down in the legislation that the power to call up labour is limited to what is strictly required in order to cope with the circumstances endangering the existence or well-being of the whole or part of the population. The Committee requests the Government to provide information in this regard.

6. The Committee noted in its previous comment from the Government's report that while no legal provision regulates the work which may be done by the armed forces for the development of the country, under section 56 of the Constitution it is usual for the armed forces to be involved in community development works of construction, irrigation, clearing canals and digging wells to help people occasionally and in co-operation with the local people in the rural areas and that these works are done voluntarily.

The Committee noted information according to which armed forces were forming two new development divisions to help economically deprived areas; among other objectives these divisions were designed to open up rural areas by improving communications and assist general civilian development programmes; an important budget has been allocated for the programme.

The Committee draws the Government's attention to Article 2, paragraph 2(a), of the Convention under which only military service limited to work of a purely military character is not included in the scope of the Convention. Work required from conscripts within the framework of the national service, including work connected with national development, is not of a purely military character. The Committee refers in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour in which it examines the obligations resulting from the Convention on this subject and in which it describes the problems arising from the use of conscripts for non-military purposes. The Committee expresses the hope that the Government will indicate measures taken or envisaged to ensure that conscripts are not used for work other than work of a purely military character.

7. Referring to its previous request, the Committee noted the Government's statement in its report that members of the armed forces, like other state employees, are free to leave the service at any time; and if they have received training for two years they can leave the service four years after the training. The Committee requests to the Government to provide copies of provisions governing such matters.