Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in reply to its earlier comments.

Articles 1(1) and 2(1) of the Convention. Over a number of years the Committee has been commenting on the Destitute Persons Act, 1989, which repeated without change certain provisions of the Destitute Persons Act, 1965. Under sections 3 and 16 of the 1989 Act, any destitute person may be required, subject to penal sanctions, to reside in a welfare home, and under section 13 of the same Act any person resident in such a home may be required to engage in any suitable work for which the medical officer of the home certifies him to be capable, either with a view to fitting him for an employment outside the welfare home or with a view to contributing to his maintenance in the welfare home.

The Committee recalled that, under Article 2, paragraph 1, of the Convention, the term "forced or compulsory labour" shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. It pointed out that the imposition of labour under the Destitute Persons Act, 1989, comes under this definition, and the Convention makes no exception for labour imposed "in the context of rehabilitation" of destitute persons.

The Committee notes the Government’s renewed statement that section 13 of the Act should be interpreted in the context of rehabilitative service for the destitute persons. The Government also indicates that, under the current practice, only residents in the welfare home who give their written consent will participate in the work-training and employment schemes after medical clearance, and that participants of the various work schemes would receive payment for their participation.

Whilst the current practice in relation to the Destitute Persons Act would appear to be in conformity with the Convention, in that consent is obtained from the residents and they are paid, it is still a requirement that the legislation should also be brought into conformity with the Convention.

Recalling also that the question of work imposed on destitute persons has been the subject of comments since 1970, the Committee expresses firm hope that appropriate steps will be taken with a view to amending section 13 of the Act so as to make any work in a welfare home to be done voluntarily, thus bringing the abovementioned legislation into conformity with the Convention and the indicated practice. The Committee asks the Government to provide, in its next report, information on the action taken to this end.