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

In its previous comments, the Committee noted the information provided by the Government in June 1993 to the effect that the process of adapting and harmonizing legislation with the Convention was continuing; a technical file on this subject, of which the Government supplied a copy, was submitted in March 1993 by the Minister of Labour to the Minister of the Interior. The Committee noted that according to this file the draft texts for repealing the provisions concerned had already been prepared.

The Committee notes that in its latest report the Government appeals for comprehension by the ILO supervisory bodies of the fact that the approaches to the competent services of the Ministries of Justice and of the Interior are not yet complete as political events have not allowed the consultations initiated by the Ministry of Labour to continue normally. Nevertheless, the Government has promised to make every effort to ensure speedy completion as soon as the political and administrative situation in the country has returned to normal.

The Committee takes due note of this commitment. It hopes that the Government will soon be in a position to supply information on the specific measures it has adopted on the following points, raised in previous comments:

1. In its previous comments concerning Ordinances Nos. 710/275 and 710/276, establishing obligations respecting the conservation and utilization of the land and the obligation to create and maintain minimum areas of food crops, the Committee emphasized the need to set out in the law the voluntary nature of agricultural work.

The Committee notes the Government's statement in the above note that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts to repeal the above Ordinances, once they have been adopted.

2. The Committee referred to certain texts relating to compulsory cultivation, porterage and public works (Decree of 14 July 1952, Ordinance No. 1286 of 10 July 1953, Decree of 10 May 1957) and recommended that they be formally repealed.

The Committee noted the Government's statement that explicit measures to repeal the above texts are justified, principally due to their colonial nature and the fact that they have fallen into abeyance, and that measures have been undertaken with a view to repealing them.

The Committee notes that the file supplied by the Government confirms this intention. The Committee requests the Government to supply a copy of the texts which are adopted for this purpose.

3. The Committee noted that Legislative Decree No. 1/16 of 29 May 1979 establishes the obligation, under penalty of sanctions, to perform community development work.

The Committee notes that the above file recommends that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration. The Committee requests the Government to supply information on the provisions adopted in this respect.

4. With reference to sections 340 and 341 of the Penal Code, which establish sanctions for vagrancy and begging, and to its previous comments, the Committee notes that an opinion has been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning this opinion and on the programme of vocational rehabilitation which the Government considers should serve to avoid vagrancy and begging by assisting persons without employment. The Committee notes Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.