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Abolition of Forced Labour Convention, 1957 (No. 105) - Cuba (Ratification: 1958)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Impact of penal sanctions that involve compulsory labour on the application of Article 1(a) of the Convention. The Committee previously noted that work performed by prisoners is voluntary (section 30(21) of the Penal Code, as updated in 2020). It noted that sections 32 and 33 of the Penal Code establish the penalty of correctional labour as an alternative to imprisonment, and that these provisions do not set out the need to obtain the consent of the prisoner for the application of this penalty. The Committee also observed that the crimes of the dissemination of false news (sections 103(2) and 115), insulting authorities or officials (section 114(1)), defamation (sections 204 and 318), libel (section 319) and slander (section 320) give rise to penalties of short-term imprisonment which could be substituted by the courts with correctional labour sentences. In this regard, the Committee previously recalled that Article 1(a) of the Convention protects persons who express political views or opposition to the established political, social or economic system against the imposition of any form of compulsory labour, including compulsory prison or correctional labour, and it requested the Government to indicate how a person sentenced to correctional labour can express consent to that penalty and the consequences of a refusal by a convicted person to carry out correctional labour.

The Committee notes the Government’s reiterated indication in its report, in relation to the penalty of correctional labour, with or without detention, that if the prisoner wishes to work, it is necessary to inform the collective leader, who forwards the request. The Government specifies that, in accordance with the Penal Code, if the convicted person refuses to comply with the requirements of the penalty of correctional labour or, during its performance, fails to carry it out or hinders its performance, or if the person is sentenced to imprisonment for another offence, the court will order the completion of the original sentence of imprisonment, which does not involve compulsory labour.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In its previous comments, the Committee referred to the allegations made in 2014 by the Independent Trade Union Coalition of Cuba (CSIC) concerning the labour imposed on prisoners, particularly political prisoners, in work camps referred to as Centres for Study and Municipal Work (CETEM). It noted the Government’s reply that any work performed by prisoners, either inside or outside prison premises, is voluntary and remunerated. The Committee requested the Government to specify the manner in which the consent to work is obtained in practice from persons sentenced to imprisonment or correctional labour.

The Committee notes the Government’s confirmation that section 30 of the Penal Code provides that persons sentenced to imprisonment who are fit to work may perform useful tasks, if they consent to do so. With regard to sentences of correctional labour in custody, the Government points out that any prisoner who wishes to work informs the “head of the collective”, who forwards the request.

The Committee notes that while the Penal Code explicitly requires consent to work from persons sentenced to imprisonment, this does not apply to sentences of correctional labour with or without custody. Under sections 31 and 32 of the Penal Code, correctional labour sentences are an alternative to short-term imprisonment and are handed down by the courts when they consider that the convicted person may be “re-educated” through work. These provisions do not refer to the possibility for convicted persons to accept or decline a correctional labour sentence as an alternative to a prison sentence. The Committee also observes that the Penal Code criminalizes acts such as the dissemination of fake news (sections 103.2 and 115), insulting authorities or officials (section 144.1), defamation (sections 204 and 318) or slander (section 320) and establishes short-term prison sentences that could be substituted by the courts with correctional labour sentences.

The Committee also notes that, in its annual report published in April 2017, the Inter-American Commission on Human Rights (IACHR) of the Organization of American States examined the situation in Cuba and referred once again to the restrictions on political rights, the right to association, the right to freedom of expression and dissemination of thought. In 2016, the IACHR and its Special Rapporteur for Freedom of Expression “continued to receive worrisome information about illegitimate restrictions on the independent press in Cuba and about State actions designed to use the criminal justice system to inhibit or punish criticism of government policy. Particularly worrisome is the increase in arbitrary detentions, threats, hostile acts, and censorship to the detriment of journalists and activists who disseminate ideas, opinions, and information that is critical of the ruling party.” (2016 Annual Report, Chapter IV, Section B, paragraphs 2, 27 and 101.) The Committee recalls that Article 1(a) of the Convention protects persons who express political views or persons peacefully opposed to the established political, social or economic system against the imposition of any form of compulsory labour, including compulsory prison labour. The Committee has emphasized in this regard that the range of activities which must be protected, under this provision, from punishment involving compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights through which citizens seek to secure the dissemination and acceptance of their views and the adoption of policies and laws that take those views into account. In light of the above and the fact that the provisions of the Penal Code regulating correctional labour sentences, with or without custody, do not require the consent of the convicted persons, the Committee requests the Government to provide specific information on the time when persons sentenced to correctional labour express their consent to work and on the procedure established to this effect. In view of the fact that labour constitutes the very essence of the sentence, the Committee requests the Government to indicate the consequences arising from a refusal by a convicted person to carry out a correctional labour sentence.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the observation submitted by the Independent Trade Union Coalition of Cuba (CSIC), received on 1 September 2014. The CSIC refers to labour imposed on prisoners in work camps, referred to as “centres for study and municipal work” (CETEM). It lists a number of political prisoners and a trade union official serving their prison sentences in these camps. The Committee recalls that Article 1(a) of the Convention protects persons expressing political views or peacefully opposing the established political, social or economic system from being subjected to any form of forced labour, and particularly forced prison labour. The Committee notes that, in its response to the above allegations, received on 24 November 2014, the Government indicates that both the Penal Code and the prison regulations provide for the voluntary character of prison labour. The Government stresses that work performed by convicts, either inside or outside prison premises is carried out voluntarily, and that prisoners are remunerated for the work performed and are entitled to certain social security benefits. The Government also indicates that the prisoners mentioned by the CSIC were convicted for ordinary offences (non-political) and were not forced to work. The Committee requests the Government to indicate how, in practice, the consent of persons sentenced to prison or requested to do prison work is obtained.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

With regard to the communication of 10 July 2006 from the International Confederation of Free Trade Unions (ICFTU) and the World Confederation of Labour (WCL) on the application of Conventions Nos 29 and 105, the Committee refers the Government to its comments under Convention No. 29.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(b). Compulsory social service. The Committee requested the Government to take the necessary steps to bring Act No. 1254 on social service and its regulations issued by Decree No. 3771 into line with the Convention.

The Committee noted that the legislation was being reviewed and adjusted and that the provisions of the above Act that allow unjustified refusal to perform social service to be punished by temporary or permanent disqualification from exercise of profession are not applied in practice. The Government’s latest report contains no information on this matter. The Committee requests the Government to indicate whether the Act on social service is still in force and to provide information on the measures taken or envisaged to ensure observance of the Convention.

2. The Committee notes the information on the alternatives to compulsory military service.

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

Article 1(b) of the Convention

1. In its previous comments, the Committee noted that Act No. 75 respecting the National Defence of 21 December 1994 repealed Act No. 1253 on the Youth Labour Army (EJT), and that under Act No. 75 the productive activities called for from the members of the EJT in application of Act No. 1253, are now performed within the framework of compulsory military service, and that young persons may express their preference for various units or specialities in which they may perform their active military service.

The Committee notes the information provided by the Government in its last report on the characteristics of the service and the conditions under which the EJT carries out its activities. In this connection, the Committee recalls that Article 2, paragraph 2(a), of Convention No. 29, also ratified by Cuba, only excludes work exacted under compulsory military service of a purely military character, and refers to paragraphs 25 and 49 of the 1979 General Survey on the abolition of forced labour, where it indicates that this cannot be held to include activities of interest to national development carried out by young persons, even where such activities are carried out within the framework of compulsory military service or as an alternative to such service. Equally, as the Committee pointed out in paragraph 31 of the same General Survey, while the existence of a choice between military service proper and non-military work may provide a useful safeguard, it does not in itself exclude the application of the Convention when the choice between different forms of service is made within the framework and on the basis of a compulsory service.

In view of the information supplied by the Government on the advantages to which young persons are entitled when choosing to join the EJT rather than regular military service, the Committee expresses the hope that the Government will consider the possibility of removing the activities currently undertaken by the EJT from the ambit of compulsory military service and military discipline, and entrust these activities to a genuinely civil and voluntary organization, whose members are free to leave the organization under the conditions set forth in the general labour legislation. This would not necessarily prevent this type of work from providing them with a total or partial exemption from obligatory military service, which could be limited to two months' basic training. The Committee requests the Government to indicate in its next report what measures have been taken or are envisaged in this connection.

2. In its earlier comments the Committee referred to Act No. 1254 respecting social service and its regulations issued by Decree No. 3771 of 1974 which provide that Cuban citizens who graduate in higher education or as middle-level technicians or through regular courses for primary schoolteachers, are obliged to perform social service, in accordance with the planning and priorities for development work laid down by the Government. The duration of the service is three years and it is performed at the place and in the posts for which the graduate is intended, and her or his personal and family circumstances are taken into account. Unjustified refusal to perform social service entails temporary or permanent disqualifications from exercising his or her profession, which is recorded in the workbook of the person concerned. The Government reiterates in its report that at present the provisions relative to temporary or permanent disqualification from exercise of profession are not applied in practice, and states that the labour legislation is still being analysed to adjust it to the new conditions present in the country. The Committee again trusts that the Government will take the necessary measures to bring its Act respecting social service and its regulations into compliance with the Convention and that it will provide information in the near future on the progress achieved in that respect.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(b) of the Convention. With reference to its observation and its previous requests, the Committee recalls that Act No. 1254 respecting social service and its regulations issued by Decree No. 3771 of 1974, provide that Cuban citizens who graduate in higher education or as middle-level technicians or through regular courses for primary school teachers are obliged to perform social service, in accordance with the planning and priorities for development work laid down by the Government. The duration of the service is three years and it is performed at the place and in the posts for which the graduate is intended, and her or his personal and family circumstances are taken into account, but that an unjustified refusal to perform social service entails temporary or permanent disqualifications from exercising her or his profession, which is recorded in the workbook of the person concerned. The Government reiterates in its report that the provisions concerning temporary or definitive disqualification from exercising the profession are no longer applied and states that it is continuing its examination of the labour legislation to adapt it to the new conditions in the country. The Committee trusts that the Government will take the necessary measures to bring its Act respecting social service and its regulations into compliance with the Convention and that it will provide information in the near future on the progress achieved in that respect.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Article 1(b) of the Convention. In its previous observations, the Committee noted Act No. 75 of 21 December 1994 respecting national defence, and the information concerning section 70 of the Act respecting the procedures of recruitment commissions. This section refers to cases of deferral or exemption from active military service. According to the Government, section 70 also refers to the "call up", which is the process by which young persons are called to recruitment interviews where they are able to express their preference for various units or specialities in which they consider that they could perform their active military service. If a young person does not wish to enter the Youth Labour Army, his or her service is performed in regular military units.

2. The Committee notes this "voluntary" element in section 70 and the fact that the economic benefits (wages at rates similar to workers who perform the same activities) and the conditions of work of the members of the Youth Labour Army attract a larger number of young persons to this speciality rather than to others in the regular military service. The Government also states that, during service in the Youth Labour Army, young persons acquire a profession or trade which prepares them for civilian life and that, when a young person is placed in the above army, account is taken of their place of residence and that the work performed is of an eminently communal nature. Furthermore, under section 67 of the National Defence Act, young persons assigned to the Youth Labour Army carry out two months of service for combat preparations in addition to the two years carried out by young persons performing regular military service.

3. The Committee recalls that, as set out in paragraphs 31 and 41 of its 1979 General Survey on the abolition of forced labour, while the existence of a choice may provide a useful safeguard, this does not in itself exclude the application of Conventions Nos. 29 and 105 when the choice between different forms of service is made within the framework and on the basis of a compulsory service obligation. The Committee recalls that States which have ratified Convention No. 105 are obliged to suppress the use of forced labour as a method of using labour for purposes of economic development. It requests the Government to provide information on the manner in which section 70 is applied in practice, including the number of persons concerned and the conditions under which they make their choices, as well as on any measure that is proposed to ensure the application of the Convention in this respect.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

For a number of years, the Committee has been referring to the Social Service Act, No. 1254 of 2 August 1973, and its regulations issued under Decree No. 3771 of 5 June 1974, by virtue of which Cuban citizens who graduate in higher education or as middle-level technicians or through regular courses for primary- school teachers are obliged to perform social service, in accordance with the planning and priorities laid down by the Government in respect of development tasks; the duration of the service is three years and it is performed at the place and in the posts for which the graduate is intended, and his personal and family circumstances are taken into account.

The Committee observed that an unjustified refusal to perform social service entails temporary or permanent disqualification from working in the job for which he was trained, and which is recorded in the workbook of the person concerned. Furthermore, graduates who are disqualified are required to perform services during the three years of their disqualification which do not correspond to the responsibility of their professional work, under penalty of being considered for purposes of their application for rehabilitation to have failed to observe correct conduct.

In its previous reports, the Government stated that the provisions concerning temporary or permanent disqualification for the exercise of a profession are not applied. In its latest report, it states that it is continuing to examine the labour legislation to adapt it to the new conditions existing in the country.

The Committee trusts that the Government will take the necessary measures to bring the Social Service Act and its regulations into conformity with the Convention and that it will supply information on the progress made in this respect.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

In earlier comments, the Committee had referred to the Social Service Act (No. 1254) of 2 August 1973 and to the regulations issued under it by Decree No. 3771 of 5 June 1974, by virtue of which Cuban citizens who graduate in higher education or middle-level technicians or through regular courses for primary-school teachers are obliged to perform social service in accordance with the planning and priorities laid down by the Government in respect of development tasks; the duration of the service is three years and performed at the place and in the posts for which the graduate is intended, and his personal circumstances are taken into account.

The Committee observed that the unjustified refusal to perform social service entails temporary or permanent disqualification from working in the job for which he was trained, and which is recorded in the workbook of the person concerned. In addition, graduates disqualified are required to perform tasks, for a period of three years, that do not correspond to the responsibility of their professional work, on pain of being considered, for purposes of their application for rehabilitation, to have failed to observe a correct conduct.

In previous reports, the Government has stated that the provisions concerning temporary or permanent disqualification for the exercise of a profession are not applied, due to the increase in the number of universities and training centres, thus precluding the mobility of the workforce.

The latest report of the Government reiterates the information previously communicated and refers to the adoption on 21 April 1994 of Legislative Decree No. 147.

The Committee trusts that the Government will adopt the necessary measures to harmonize the Social Service Act and its regulations with the provisions of the Convention and to supply information in regard to any progress made.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

In its previous comments, the Committee had referred to section 2 of Act No. 1253 (Youth Labour Army), which provides that "all young persons who are under a duty to perform active military service and who are not called upon to perform that service in regular units of the Revolutionary Armed Forces shall be called up into the Youth Labour Army". Section 4 of the Act provides for the performance of productive agricultural work and work of any kind that the revolutionary Government may determine. The Committee had observed that from the tenor of the said provision being called-up into the Youth Labour Army does not appear to depend on the young recruit's wishes.

The Committee had also taken note of the comments submitted by the International Confederation of Free Trade Unions (ICFTU) that members of the Youth Labour Army are employed in tasks for economic development.

On this point, the Government indicated that the youth recruited for active military service are given the oppportunity to express their desire to enter the Youth Labour Army; if they do not wish to do so, they may do their military service in regular units and that during such service the young person can acquire a profession or trade. In its latest report, the Government states that young workers who are not well-off economically are given the opportunity to join the Youth Labour Army, where they receive a salary proportional to the quality and quantity of the work performed in accordance with the schedule of salaries in force in the country for the same work. The Government further indicates that the young persons are assigned in one unit near the place where they live and the activities performed are to the direct interest of the community for the harvest of coffee, fruit, vegetables and forest work.

The Committee also takes note that its observation has been submitted by the Government to the National Assembly of People's Power for consideration.

The Committee trusts that the Government will take the necessary measures to modify the provisions of Act No. 1253 in the manner that it will be clearly established that entry into the Youth Labour Army is voluntary. The Committee likewise requests the Government to communicate information relating to the remuneration received by young workers performing the work mentioned in the Government's report who are in the Youth Labour Army and the conditions of work in the same.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 1(b) of the Convention. In its previous comments, the Committee referred to Act No. 1253, which provides that young persons who are under a duty to perform active military service, and who are not called upon to perform that service in regular units of the Revolutionary Armed Forces, shall be called up into the Youth Labour Army. The same Act provides for the performance of productive agricultural work that the Revolutionary Government may determine. The Committee requested the Government to take the necessary measures to ensure that entry into the Youth Labour Army is voluntary.

The Committee notes that Act No. 75 respecting the National Defence, of 21 December 1994, which was supplied by the Government, repealed Act No. 1253. It also notes the Government's indications concerning Act No. 75, in which it refers to the conditions of work and wage rates established for the activities carried out in the Youth Labour Army. It also notes the indications concerning section 70 of the Act respecting the procedures of recruitment commissions, in which the Committee notes that the above section refers to cases of deferral or exemption from active military service.

With regard to active military service, the Committee notes that, under the terms of section 67 of Act No. 75, citizens aged between 17 and 28 years of age have to carry out active military service for a period of two years and that those who are assigned to the Youth Labour Army serve two additional months of combat preparation. Section 45 of Act No. 75 establishes the duties of the Youth Labour Army, namely "to undertake productive activities in the interest of the social and economic development of the country; to implement measures for the protection of the environment and the rational use of natural resources; to undertake the military preparation of its members ..."

The Committee notes that, under the terms of Act No. 75, the productive activities which were exacted by virtue of Act No. 1253 from the members of the Youth Labour Army, are now imposed in the framework of compulsory military service. The Committee recalls in this respect that Article 2, paragraph 2(a), of Convention No. 29, which has also been ratified by Cuba, excludes from its scope only work exacted in virtue of compulsory military service laws for work of a purely military character. The Committee refers to paragraphs 25 and 49 of its 1979 General Survey on the abolition of forced labour, in which it indicates that work performed by young persons with a view to national development, even where such work is performed within the context of compulsory military service or as a replacement for such service, is not considered to be of a purely military character.

The Committee recalls that States which have ratified Convention No. 105 are obliged to suppress the use of forced labour as a method of using labour for purposes of economic development, and it hopes that the Government will indicate the measures that have been adopted or are envisaged to ensure compliance with the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

In earlier comments, the Committee referred to the Social Service Act (No. 1254) of 2 August 1973 and to the regulations issued under it by Decree No. 3771 of 5 June 1974, by virtue of which Cuban citizens who graduate in higher education or as middle-level technicians or through regular courses for primary-school teachers are obliged to perform social service in accordance with the planning and priorities laid down by the Government in respect of development tasks. The service in question lasts three years and is to be performed at the place and in the post for which the graduate is intended, and his personal and family circumstances are taken into account.

The Committee observed that unwarranted refusal to perform social service entails temporary or permanent disqualification from the exercise of the profession, which is recorded in the work-book of the person concerned. In addition, graduates disqualified are required to perform tasks, for a period of three years, that do not correspond to the responsibility of their professional work, on pain of being considered, for purposes of their application for rehabilitation, to have failed to observe a correct conduct.

In previous reports, the Government has stated that the provisions concerning temporary or permanent disqualification for the exercise of the profession are not applied at present, as basic occupational and technical training is now provided thanks to the increase in the number of universities and training centres, thus precluding mobility of the workforce.

The Committee took note of these indications and asked the Government to provide information on any measures that had been taken or were contemplated to align the Social Service Act and its regulations with the Convention and the practice described by the Government.

The Committee notes that, in its latest report, the Government refers to the process of analysing the provisions supplementing the Code and all the labour legislation with a view to bringing the provisions of law into harmony with economic and social developments.

The Committee hopes that the Government will supply the information requested in connection with the Social Service Act (No. 1254) and its regulations.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In its previous observation, the Committee took note of the comments submitted in January 1991 by the International Confederation of Free Trade Unions (ICFTU) concerning the application of Convention No. 105, in which the organisation states that many young persons are compelled to work on a massive and regular basis for purposes of economic development. The allegations also refer to the compulsory labour exacted from many young persons aged between 15 and 18 years within the framework of rural high schools and, by way of illustration, mention a study programme established in 1989 to provide a workforce for the programme to expand fruit production for export, under which 20,000 students below majority age were mobilised. ICFTU also alleges that members of the Youth Labour Army are employed on economic development activities and that political prisoners are compelled to work despite the fact that under the legislation work for political prisoners is voluntary.

The Committee requested the Government to be good enough to make its comments on the allegations submitted by ICFTU.

With regard to the allegations concerning the work of political prisoners, the Committee notes that, according to the Government, the provision of the Penal Code establishing the voluntary nature of work for persons sentenced to imprisonment is complied with in practice irrespective of the nature of the offence committed. It also indicates the labour rights recognised for prisoners: remuneration, social security and training.

The Committee takes note of the Government's comments on the ICFTU allegations concerning the imposition of forced labour on young people. In those comments, the Government describes the Cuban education system, which is based on a combination of study and work. It states that the situation alleged does not constitute a form of employment but is a matter of work performed by pre-university students for three hours a day and for periods of 30 days per year as part of the education system. The Government also refers to the Conference of Ministers of Education which recommends a systematic connection between study and work.

With reference to the activities of the Youth Labour Army, the Government indicates that young people recruited for active military service are given an opportunity to express their wish to enter the Youth Labour Army; if they do not wish to do so, they may do their military service in regular units. On being posted, a young person is assigned to a unit near his residence. While serving in the Youth Labour Army, a young person is acquiring an occupation or trade.

In previous comments, the Committee referred to section 2 of Act No. 1253 (Youth Labour Army), which provides that "all young persons who are under a duty to perform active military service and who are not called upon to perform that service in regular units of the Revolutionary Armed Forces shall be called up into the Youth Labour Army". Section 4 provides for "the performance of productive agricultural work and work of any kind that the Revolutionary Government may determine". To judge from that provision, call-up into the Youth Labour Army does not appear to depend on the young recruit's own wishes.

The Committee hopes that the Government will examine the provisions of Act No. 1253 so that the law may be brought formally into conformity with the Convention and may reflect what the Government describes as existing practice.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the comments submitted in January 1991 by the International Confederation of Free Trade Unions (ICFTU), concerning the application of Convention No. 105. A copy of these comments was transmitted to the Government so that it can make the observations that it considers appropriate.

In its allegations, the ICFTU states that many young persons are compelled to work on a massive and regular basis for the purposes of economic development. It refers to the compulsory labour exacted from many young persons aged between 15 and 18 years within the framework of rural high schools and, by way of illustration, refers to a study programme established in 1989 to provide a workforce for the programme to expand fruit production for export, under which 20,000 students under the age of majority were mobilised. It also alleges that members of the Youth Labour Army are employed on economic development activities and that political prisoners are compelled to work despite the fact that under the legislation work for political prisoners is voluntary.

The Committee requests the Government to make its observations on the allegations submitted by the ICFTU.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 1 (b)

1. In earlier comments, the Committee has referred to Act No. 1253 (Youth Labour Army), the General Military Service Act (No. 1255), Decree No. 3732 issued under the General Military Service Act and the Military Offences Act (No. 22). The Committee pointed out that, under the above laws, young persons who are not called up for active military service are incorporated in the Youth Labour Army, that such persons are subject to the General Military Service Act and that the time spent in the Disciplinary Units of the Youth Army is not counted for purposes of active military service. The Committee noted that the duties of the Youth Army include the performance of productive agricultural work and work of any other kind decided by the revolutionary Government in accordance with national development plans. The Committee also pointed out that Act No. 1253 provides for the incorporation, as graduates, of young students in the manner to be laid down by the Social Service Act (No. 1254).

The Committee recalled in this connection that when the International Labour Conference was examining the draft Special Youth Schemes Recommendation in 1969, it reaffirmed the incompatibility with the Conventions on forced labour of programmes involving the compulsory participation of young persons, whether under military service or not, in activities devoted to the development of the country.

The Committee notes from the indications in the Government's report, that its comments have been submitted to the competent authorities and are still being examined. The Committee asks the Government to continue providing information on this matter.

2. In earlier comments, the Committee referred to the Social Service Act (No. 1254) of 2 August 1973 and to the regulations issued under it by Decree No. 3771 of 5 June 1974, by virtue of which, Cuban citizens who graduate in higher education or as middle-level technicians or through regular courses for primary school teachers are obliged to perform social service in accordance with the planning and priorities laid down by the Government in respect of development tasks. The service in question lasts three years and is to be performed at the place and in the post for which the graduate is intended, and his personal and family circumstances are taken into account.

The Committee observed that unwarranted refusal to perform social service entails temporary or permanent disqualification from the exercise of the profession, which is recorded in the work-book of the person concerned, and the reporting of his refusal to perform social service, in the case of men, to a Military Committee. In addition, disqualified graduates are obliged to perform service during the three years of temporary disqualification in tasks that do not correspond to the post or responsibility of their professional work, on pain of being considered, for purposes of their application for rehabilitation, to have failed to observe a correct conduct.

In its report, the Government states that the provisions concerning temporary or permanent disqualification from the exercise of the profession are not applied at present, as basic occupational and technical training is now provided thanks to the increase in the number of universities and training centres, thus precluding the mobility of the workforce.

The Committee takes note of these indications and asks the Government to provide information on any measures that have been taken or are contemplated to align the Social Service Act and its regulations with the Convention and the practice described by the Government.

3. With reference to sections 73(1)(c), 73(2) and 80 of the Penal Code, under which persons whose conduct is antisocial are subject to re-educational work; sections 103(1)(a)(b) and (2), 115 and 204 of the Code, concerning freedom of expression and sections 220 to 222 concerning labour discipline, the Committee notes the information provided by the Government in its report to the effect that any sentences of re-educational work imposed for violations of these provisions are subject to the person sentenced being willing to perform such work.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its previous comments on section 220 of the Labour Code (formerly section 262) under which a sentence of imprisonment of from six months to two years may be imposed on a person who, by breach of the duties placed on him by his office, employment, occupation or profession in a state economic unit (particularly of his duties relating to the observance of the standards or standard-setting instructions and other rules and instructions concerning technological discipline) causes harm or substantial prejudice to the production output or to the rendering of services by the unit or to its equipment, machines, machinery, tools or other technical devices, the Committee notes the information provided by the Government in its report (including the documents annexed to the report), to the effect that any sentences of correctional labour imposed for violations of this provision are subject to the person sentenced being willing to perform such labour.