Solicitud directa (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

The Committee has noted the information supplied by the Government in reply to its earlier comments. It has noted with interest the Government’s statement in the report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747 of 30 December 1949 concerning the exaction of labour for roadworks have been repealed. The Committee requests the Government to provide, with its next report, a copy of the repealing text.

Article 1(1) and Article 2(1) and (2)(a) of the Convention. The Committee has noted the Law on the Armed Forces, No. 7978 of 1995, as well as information on the application in practice of section 4 of this Law supplied by the Government. It has also noted that, under section 28 of the above Law, the term of service of career military officers is fixed by a special law. The Committee requests the Government to supply a copy of such special law and to indicate any provisions applicable to military officers and other career military servicemen as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(1) and 2(e). In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on Public Works. It noted that such works are of temporary nature and intended for persons receiving financial assistance in the form of benefits from the State, which may be suspended in case of refusal to work. The Committee has noted that, under Act No. 8104 of 28 March 1996, which introduced amendments to the abovementioned Act on Public Works, participation in such works is made compulsory for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits. The Committee requests the Government to provide, in its next report, information on such schemes, supplying copies of relevant texts, as well as information on the application in practice of the above Acts on Public Works, supplying also a copy of the decision of the Council of Ministers defining the methods of organizing such works, to which reference is made in section 5 of Act No. 7933 of 17 May 1995.

Article 2(2)(c). The Committee has noted the information concerning prison labour provided by the Government in its report. The Government indicates that prisoners cannot be forced to work and no disciplinary measures can be applied to them in case of refusal, but they are allowed to work both inside or outside penitentiary institutions. The Committee requests the Government to supply, with its next report, a copy of Act No. 8238, of 16 April 1998, concerning the rights and treatment of prisoners, which contains provisions governing prison labour, referred to by the Government.

Article 25. The Committee previously noted the provisions of section 110 of the Penal Code punishing the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Government indicates in its report that, during the reporting period, ten sentences of imprisonment have been passed under this section. The Committee requests the Government to indicate whether this penal provision is also applicable to cases of the illegal exaction of force or compulsory labour and to supply copies of the relevant court decisions.