Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

1. Article 25 of the Convention. In its previous comments, in which it pursued its dialogue with the Government, the Committee asked the Government to state which national law defines the rights of the person, the violation of which gives rise to legal action, in accordance with Article 25 of the Convention.

It notes the Government's explanations, repeated from previous reports, to the effect that subjecting an individual to forced labour, which is contrary to the prescriptions of the shariah, constitutes disobedience which is sanctioned as such and is equivalent to a crime in positive law. Forced labour is a kind of constraint which is prohibited and is subject to penalty by the shariah; any person subjected to it is entitled to take his case to the judge and to be compensated for harm done.

The Committee notes these indications and wishes to recall that Article 25 of the Convention establishes a firm obligation: the illegal exaction of forced labour shall be punishable as a penal offence and the penalties imposed by law must be really adequate and are strictly enforced.

The Committee considers thus that, even though forced or compulsory labour is prohibited in principle, in certain cases employers could be in a position where they could exercise excessive control over workers, particularly foreign workers, especially those who are not covered by the labour legislation, such as agricultural or domestic workers.

The Committee asks the Government to provide detailed information on the means of redress available to such workers in the law should they need them and to indicate the sanctions imposed by law in the event of forced or compulsory labour.

2. The Committee takes note of the explanations supplied by the Government in response to its comments on section 206 of the Labour Code.

3. Freedom of workers to leave the public service. The Committee notes the indications in the Government's report that freedom to resign is guaranteed. It asks the Government to state how and in which instruments this freedom is guaranteed. It also asks the Government to provide a copy of any regulations governing conditions of employment in the public service issued under section 59 of Royal Decree No. A/90 of 1 March 1992.