Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Forced Labour Convention, 1930 (No. 29) - Senegal (Ratification: 1960)

Other comments on C029

Observation

Direct Request

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Articles 1(1) and 2(1) of the Convention. 1. Freedom of state employees to terminate their employment. In its previous comments, the Committee referred to the conditions governing the resignation of certain public servants who have attended the various administrative training schools, whose training expenses have been borne by the State and who have undertaken to serve the State for a certain period (sections 12(11) and 16 of Decree No. 77-429 on the organization of the National School of Administration and Magistrates, as amended, and sections 11 and 13 of Decree No. 84-501 on the organization and operating rules of the Military Health School). The Committee notes the Government’s confirmation that there has been no change in existing practice in this respect, namely that applications to resign submitted before the completion of the initially envisaged period of engagement are always accepted, and that such public servants are under the obligation to reimburse the costs of their training on a pro rata basis to the remaining period of their engagement.

2. Trafficking in persons. In reply to the Committee’s previous comments on the measures taken to combat trafficking in persons, the Government indicates in its report received in December 2010 that the National Plan to Combat Trafficking in Persons was adopted in October 2009 and that an inter-ministerial meeting on trafficking in persons was held in August 2010 with a view to the implementation of the Plan of Action. On that occasion, it was decided to establish, by ministerial order, a national unit to combat trafficking in persons and to create special border brigades responsible for monitoring movements of persons over borders. The Committee takes due note of these measures. It would be grateful if the Government would provide a copy of the national plan. Please also indicate whether the national unit to combat trafficking in persons has been established and, if so, provide information on the functions entrusted to it and the activities already undertaken, and particularly on the results of any studies that have been carried out with a view to obtaining precise data on trafficking in persons in Senegal so as to be able to assess its scope, nature and complexity. The Committee also requests the Government to indicate whether judicial prosecutions have been launched under Act No. 2/2005 to combat trafficking in persons and similar practices and to protect victims. Please provide copies of the court rulings handed down, with an indication of the penalties imposed.

Article 2(2)(c). Prison labour. 1. Prisoners hired out to private enterprises and individuals. The Committee previously noted that Decree No. 2001-362 of 4 May 2001 on procedures for the implementation and organization of penal sanctions allows detainees to work for the benefit of private operators (individuals or companies), either within or outside the prison (section 38), and that in practice a number of prisoners have been hired to private individuals to perform work outside the prison. The Committee noted in this respect that under international legislation prison labour can only be hired to private individuals, companies or associations with the consent of the prisoners concerned (section 32 of Decree No. 2001-362), and that the working conditions of prisoners placed with private entities shall be similar to those prevailing on the free labour market (see section 51 with regard to occupational safety and health and section 81 concerning remuneration). With regard to prisoners working inside the prison, under section 47 of the Decree, any agent or beneficiary of prison labour shall pay a fee which does not represent a wage and the rate of which shall be set jointly by the minister responsible for the prison service and the Finance Minister.

In its 2010 report, the Government indicates that the consent of prisoners to work for private individuals, companies or associations is given verbally in a court hearing. It adds that such consent is given freely, without the prisoners being subject to the threat of any penalty, nor of the loss of a right or advantage.

The Committee notes this information. It requests the Government to continue providing statistical data in future reports on cases of the hiring of prison labour to private individuals, with an indication of the work performed and the number of prisoners concerned. In cases in which contracts for the hiring of prison labour are concluded between prisons and private law entities, please also provide information on the rate of the fee that has to be paid by such entities (sections 44 and 47 of Decree No. 2001-362).

2. Community work. In its previous comments, the Committee requested the Government to provide information on the application in practice of the sentence of community work (unpaid work performed with their consent by convicted persons who have completed two-thirds of their sentence, for the benefit of public associations or associations authorized to undertake works for the benefit of the community – section 44(3) et seq. of the Penal Code). It requested the Government to indicate the criteria used to grant authorization to associations which so request and the type of work performed by prisoners for such associations. The Committee notes that in its report the Government indicates that a sentence of such a kind has still not been handed down by the judicial authorities, as follow-up committees in the community, entrusted with the implantation of this type of sentence, have still not been established. The Committee requests the Government, when the conditions have been fulfilled in which courts can hand down sentences of community work, to indicate in future reports the criteria used by the courts to authorize associations wishing to avail themselves of convicted prisoners to perform community work and to specify the types of work performed.