Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. In its comments, the Committee has been referring for many years to the Government's statement that draft ordinances have been drawn up with a view to repealing Ordinance No. 66/004 of 8 January 1966, respecting the suppression of idleness (as amended by Ordinance No. 72/083 of 18 October 1972), section 11 of Ordinance No. 66/038 of 3 June 1966, respecting the supervision of the active population, and sections 2 and 6 of Ordinance No. 75/005 of 5 January 1975, making the performance of commercial, agricultural and pastoral activities compulsory. The Government indicated that the Ordinances in question have fallen into abeyance and are no longer applicable, and that the draft texts to repeal them formally had to be submitted to an expanded committee of the social partners. The Government also stated that it was aware of the need to bring its legislation and practice into conformity with international labour Conventions. The Committee noted the information supplied by the Government in its report for the period up to June 1992 to the effect that Ordinance No. 66/004 of 8 January 1966, respecting the suppression of idleness, was to be repealed by a Bill which had been elaborated and that an expanded committee did in fact exist and was called the Legislative Commission. The Committee took note of this information. In view of the fact that the Government had been referring to texts to repeal the above Ordinances for many years, the Committee again expresses the hope that the Government will supply the text of the Bill to repeal Ordinance No. 66/004 of 8 January 1966, respecting the suppression of idleness when adopted and that it will supply information on the other amendments which are necessary to give effect to the Convention on these points. 2. In its previous observations, the Committee also referred to section 28 of Act No. 60/109, respecting the development of the rural economy, which provides that minimum surfaces for cultivation shall be fixed for each rural community. The Committee noted the Government's indications that these provisions were intended to supply a technical framework and basic services to farmers in order to increase their production, improve their standard of living, encourage them to expand the areas under cultivation and increase efforts in agricultural activities, since the freedom to work must not mean the freedom to do nothing. The Committee pointed out that the Convention authorizes recourse to compulsory cultivation only for preventing famine or a food deficit, and always under the condition that the food or produce shall remain the property of the producers. It also pointed out that any work or service exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily is incompatible with the Convention. The Committee noted that the Government's report did not contain information in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.