Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the information supplied by the Government in its report.

1.In its previous comments, the Committee noted that, under section 39, paragraph 2(b), of the Constitution, "work done by a convicted person, carried out under normal conditions during the period of detention or probation" is not deemed to constitute forced labour. The Committee noted that the exception provided for in Article 2, paragraph 2(c), of the Convention, relates only to conviction in a court of law; work imposed by administrative authorities or other non-judicial bodies does not fall within the scope of the exception. The Committee also noted the information supplied by the Government to the effect that the provisions of the Constitution refer to persons and situations established by a final court decision. It expressed the hope that the Bill being drafted on the enforcement of penalties would contain the necessary specifications so as to avoid any uncertainty in law in this respect.

The Committee notes that the Government's report contains no information on this point. It asks the Government to indicate whether the Bill on the enforcement of penalties has been adopted and, if so, to provide a copy of it. It also asks the Government whether there are any instances in which non-judicial authorities may impose work.

2.The Committee notes with interest that, according to the Government, Act No. 24/1976 requiring unemployed persons to register with the Labour Directorate and regional offices in order to be placed in employment has been repealed almost in its entirety. In order for the Committee to satisfy itself that the partial repeal of Act No. 24/1976 brings it into conformity with the Convention, it asks the Government to provide a copy of the text which partially repeals the Act.