Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

Article 1(a), (b), (c) and (d) of the Convention. In its earlier comments the Committee referred to a number of provisions contained in the Penal Code, the Newspapers Act, the Merchant Shipping Act and the Industrial Court Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. It noted the Government's statement in its report received in 1992 that ministerial consultations aimed at amending the legislation referred to above were continuing, bearing in mind the political situation following the adoption of the ninth constitutional amendment. The Constitution, as amended, has allowed for multi-party politics; and the Political Parties Act, 1992, has provided specifically for formation and registration of political parties.

The Committee expressed the hope that the draft legislation under consideration would provide for the repeal of all provisions which are incompatible with the Convention and that the Government would indicate the action taken in this regard. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of various legal instruments to which it referred in its comments under Convention No. 29 and which are contrary to Article 1(b) of this Convention.

The Committee previously noted the Government's indication in its 1996 report that proposals regarding amendment of the Merchant Shipping Act in order to bring it into conformity with the Convention had been submitted by the trade union to the Government for the purpose of being tabled within the Labour Advisory Board (LAB) for consideration by the tripartite partners, and that the Government intended to supply information on the position of the LAB as soon as its work was completed. The Government indicates in its latest report that it is working towards finalizing amendments to the Merchant Shipping Act.

The Committee notes the Government's indication in its report that the Newspapers Act, Penal Code, Economic and Organized Crime Act, Societies Ordinance and some other pieces of legislation have been referred to the Law Reform Commission, which has prepared a report and submitted it to Parliament. With reference to its observation on Convention No. 29, the Committee also notes from the Government's report that the Human Resources Deployment Act of 1983 has been repealed and replaced by the National Employment Promotion Service Act of 1999 and asks the Government to supply a copy of the repealing text, as well as a copy of the new Act. It also requests once again that copies be supplied of the Political Parties Act, Economic and Organized Crime Act and Penal Code as in force, which the Government referred to as attached to the report, but which have not been received at the ILO.

The Committee trusts that the necessary action will be taken in the near future for the repeal of all provisions incompatible with the Convention, and that the Government will soon report progress made in this regard. The Committee is again addressing a more detailed request on the above matters directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 88th Session and to report in detail in 2000.]