Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. In its previous comments, the Committee referred to the provisions of Ordinance No. 710/275 of 25 October 1979 laying down certain obligations concerning the conservation and utilisation of soils and Ordinance No. 710/276 of 25 October 1979 providing for the obligation to create and maintain minimum areas of food crops, as amended by Presidential Decrees Nos. 100/143 and 100/144 of 30 May 1983. The Committee noted the Government's statement that the abolition in 1983 of the penalties which were provided for in section 4 of Ordinance No. 710/275 and section 3 of Ordinance No. 710/276 (laying down that infringements of these Ordinances could be punished by sentences of imprisonment) was intended to give these Ordinances a merely exhortative character and had had this effect. The Committee recalled the Government's earlier indication that all the work covered by the above texts was, in practice, voluntary and expressed the hope that the necessary measures would be adopted to make the voluntary nature of the provisions statutory.

The Committee notes from the information supplied by the Government in its report that consultations to bring these texts into full conformity with the Convention or to repeal them are being pursued. The Committee hopes that the Government will shortly be able to indicate the measures adopted to this end.

2. In its previous comments, the Committee asked the Government to indicate the measures taken to make the public aware of the repeal of the texts on compulsory cultivation, porterage and public works (Decree of 14 July 1952; Ordinance No. 21/86 of 10 July 1953; Decree of 10 May 1957).

The Committee notes the Government's statement that the above provisions are contrary to the provisions of the Constitution and are not contained in the published collections of laws and regulations in use; the Government is examining the texts in question and will communicate the provisions adopted in this connection. The Committee expresses the hope that the Government will shortly be able to report on the measures adopted to bring the national legislation formally into line with the Convention so that there is no doubt or uncertainty as to the present status of positive law (as distinct from customary law).