Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

The Committee takes note of the Government's report.

1. Prison labour. The Committee noted previously that section 23 of Act No. 144/AN/80 of 16 September 1980 to issue the Prison Code, provides that the work of prisoners shall be organised by the prison administration and section 24 of the Act provides that prisoners may be employed by the public services or by private undertakings, though the work carried out for private undertakings must be performed on the prison premises.

The Committee referred to paragraphs 97 and 98 of its General Survey of 1979 on the abolition of forced labour, in which it draws attention to the fact that the provisions of Article 2, paragraph 2(c), of the Convention which prohibit convict labour from being hired to or placed at the disposal of private individuals, companies or associations are not limited to work outside penitentiary establishments but apply equally to workshops which may be operated by private undertakings inside prisons. Accordingly, the use of the labour of convicted persons in such workshops would be compatible with the Convention only if it were subject to the consent of the prisoners concerned and to certain safeguards, particularly in respect of wages, enabling such work to be assimilated to a free labour relationship.

The Committee noted that consultations were going on between the Ministry of Labour and the Ministry of Justice with a view to amending the Prison Code so as to bring it into conformity with the Convention.

The Committee notes the Government's indications in its last report, to the effect that there have been no new developments in this respect. The Committee hopes that the Government will shortly be able to indicate the measures adopted to bring the legislation into conformity with the Convention on this point.

2. Freedom to leave the service of State. In its previous comments, the Committee noted that officers and non-commissioned officers must first sign an engagement for ten years, the years spent on study forming part of these ten years.

Referring to the explanations given in paragraphs 67-73 of its General Survey of 1979 on the abolition of forced labour, concerning restrictions on the freedom of workers to leave their employment, the Committee asked the Government to indicate the measures taken or under consideration, in the light of these explanations, either to establish a reasonable ratio between the duration of the engagement and the duration of the training received, or to provide for the possibility of resigning on the basis of a reimbursement in proportion to the duration of the studies.

The Committee notes the Government's indications to the effect that there have been no further developments concerning the application of the Convention on this point, and again requests the Government to indicate the measures envisaged in the light of the above explanations.