Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee notes article 5 of the National Constitution, in accordance with which "no type of servitude is recognized and no one shall be compelled to render personal services without his full consent and due compensation. Personal services may be demanded only when so established by the law", as well as article 8, under which every person has the duty to work, according to his capacity and possibilities, in socially useful activities. The Committee requests the Government to provide information on the legislation under which personal services can be exacted and to supply the text of such legislation.

The Committee notes the provisions of the Penal Code relating to sanctions, and in particular section 47 of the Penal Code, under which penalties shall be carried out in the form established by the Code and by the special Act for the application of the prison system. The Committee requests the Government to provide the text of the above Act.

The Committee notes that jail and prison sentences involve the obligation to work (sections 39, 48 and 50 of the Penal Code) and that the penalty of performing work shall be undertaken in public state works (sections 39 and 55 of the Penal Code).

The Committee notes that the following provisions of the Labour Code permit the imposition of sentences involving the obligation to work in cases that come within the scope of the Convention:

Article 1(a) of the Convention. Sections 123 (sedition), 126 (conspiracy), 132 (criminal association), 134 (public disorder and disturbances) of the Penal Code make it possible to impose sentences of imprisonment involving the obligation to work and sentences for the performance of work in cases of the expression of political opinions or opinions in opposition to the established political order.

Article 1(d) of the Convention. Under section 234 of the Penal Code, any person who promotes lockouts, strikes or stoppages declared illegal by the labour authorities shall be punished by imprisonment for between one and three years.

The Committee requests the Government to supply information on the effect given in practice to the above provisions in order to enable it to determine their scope, and to provide copies of judgements made under these provisions. It also requests it to indicate whether the legislation provides for the exemption from prison work of persons convicted in the cases that lie within the scope of the Convention.

Article 1(b) of the Convention. The Committee notes article 8(f) of the Constitution, under which every person has the fundamental duty to perform civic and military services which the nation requires for its development, defence and preservation, and article 208, which provides that the armed forces have the fundamental mission of cooperating in the integral development of the country. The Committee requests the Government to provide a copy of the Organic Act of 1992 respecting the armed forces, the Act respecting compulsory military service and the Legislative Decree respecting military service.