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

The Committee notes that no report has been received from the Government.

1. In its previous comments the Committee noted that the provisions of Act No. 73-4 of 9 July 1973 setting up the National Civic Service for Participation in Development were contrary to the Convention because they provided that work in the general interest throughout the public and private sectors could be imposed on citizens between 16 and 55 years of age for a period of 24 months, subject to imprisonment for two to three years in the event of refusal.

The Committee noted that, in 1990, the Government representative to the Conference Committee stated that the Government had prepared a draft Act to bring the law into harmony with the practice of recruiting to the Civic Service on a voluntary basis. The Committee requested the Government to provide a copy of the provisions repealing or amending this Act.

The Committee again expresses the hope that the Government will indicate progress made and communicate a copy of the provisions amending or repealing Act No. 73-4 of 1973.

2. In its previous comments the Committee referred to section 2, paragraph 5(e), of the Labour Code and it stressed the need to restrict, in accordance with Article 2, paragraph 2(e) of the Convention, the scope of communal work that could be exacted. In its latest comment the Committee noted that in the new Labour Code in preparation, the expression "communal work in the general interest" would be replaced by the expression "work in the general interest". The Committee requested the Government to reconsider the laws and the draft Labour Code in the light of the provisions of the Convention and of the explanations given in paragraph 37 of its 1979 General Survey on the Abolition of Forced Labour.

The Committee notes that under section 2, paragraph 5(b), of the new Labour Code, promulgated by Law No. 92/007 of 14 August 1992, the term forced or compulsory labour does not include "any work or service of general interest which forms part of the civic obligations of the citizens, as defined in laws and regulations".

The Committee requests the Government to provide copies of the provisions defining the civic obligations of the citizens and to indicate measures taken or envisaged to ensure the observance of the Convention.

3. In previous comments, the Committee noted that the provisions of Decree No. 73-774 of 11 December 1973 laying down penitentiary regulations permitted prison labour to be hired to private undertakings and individuals. It expressed the hope that the penitentiary legislation would be brought into conformity with Article 2, paragraph 2(c), of the Convention, which makes it unlawful for prison labour to be placed at the disposal of private individuals, companies or associations. The Committee noted the Government's statement in its report for the period ending 30 June 1992, that no new provisions had been laid down. The Committee expresses again the hope that the Government will soon be able to report tangible progress achieved in the light of the more detailed explanations given in a request which it is addressing directly to the Government.

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