Solicitud directa (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

The Committee notes the Government's report.

1. Article 25 of the Convention. In its previous comments, the Committee requested 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 noted the Government's explanations to the effect that subjecting an individual to forced labour, contrary to the provisions of the Shariah, would constitute disobedience which is sanctioned as such and is equivalent to a crime in positive law. Forced labour is a type of constraint which is prohibited and is subject to penalty by the Shariah; any person subject to it is entitled to take his case to the judge and to be compensated for harm done.

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

The Committee recalls that in accordance with Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and the penalties imposed by law must be really adequate and strictly enforced. In view of the Government's repeated indications that foreign workers and others, such as agricultural and domestic workers, may take their case to the courts, the Committee once again requests the Government to indicate the sanctions imposed by law for the imposition of forced or compulsory labour. The Committee also requests the Government to supply information on the legal action taken, the convictions made and the sanctions imposed as a result of the exaction of forced labour, particularly where the victim was a domestic worker.

2. Freedom of workers to leave the public service. With reference to its previous request, the Committee noted the Government's statement in its report covering the period ending 30 June 1993 that section 30/A of the conditions of service of the public service, adopted under Royal Decree No. 49 of 10/7/1397-H, provides that the employment of a public servant who resigns comes to an end upon the acceptance by the competent minister of the resignation request or the expiry of a period of 90 days from the date on which the resignation was handed in. The minister may postpone acceptance of the resignation in the interests of the service for a period not exceeding six months from the date on which the resignation was handed in. The Committee would again request the Government to supply a copy of the conditions of service of the public service.