Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee referred to sections 17, 21 and 23 of the Act of 1956 relating to vagrants and rogues, which empowers the administrative authorities to order internment in a rehabilitation and labour establishment, an agricultural reformatory colony or a work camp, in order to reform vagrants and rogues or to put them out of harm's way. The Committee pointed out that, in accordance with the Convention, work can be exacted from a person only as a consequence of a conviction in a court of law. It requested information on the number of persons who, during a three-year period, had been the subject of such measures, the duration of the measures and the establishments in which those concerned had been detained.

The Committee also requested the Government to take the necessary measures to introduce a more restrictive definition of vagrancy into sections 1 and 2(a) of the above-mentioned Act, since laws which define vagrancy and similar offences in an unduly extensive manner are liable to become, directly or indirectly, a means of compulsion to work, in violation of the Convention.

The Committee noted in its 1994 observation the information supplied by the Government to the effect that, under the above-mentioned provisions, security measures were applied to 476 persons in 1990, 560 persons in 1991 and 911 persons in 1992 and that they were for a duration of between 30 and 36 months.

Despite the fact that the above figures show a tendency for the application of such measures to increase, the Committee noted with interest from the information supplied by the Government that, although the Act relating to vagrants and rogues, which is intended to cover potentially dangerous situations in which no crime has been committed and which allows the jurisdiction of the courts to be transferred to the administrative authorities, has not yet been repealed, there are currently two petitions for the above Act to be declared unconstitutional, the texts of which were supplied by the Government. The Government adds that a draft Code of Sanctions has been submitted to Congress to determine competence for the imposition of sanctions, which would repeal the Act relating to vagrants and rogues.

The Committee notes that the Government states in its latest report that, to date, no decision has been given on the drafts mentioned and that it has requested information from the Supreme Court concerning the petition for the Act respecting vagrants and rogues to be declared unconstitutional; the information will be supplied as soon as it is available.

The Committee recalls that this matter has been the subject of comments for many years and hopes that, in its next report, the Government will be able to state that the provisions of sections 17, 21 and 23 of the Act of 1956 relating to vagrants and rogues has been repealed, thus ensuring compliance with the Convention in this respect.