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

1. Article 2, paragraph 2, of the Convention.In its previous comment, the Committee referred to Sub-Decree No. 10 SDEC of 28 February 1994 establishing a Workday for Irrigation and Agriculture which provides that "all people, armed forces, officials and public servants have an obligation to perform irrigation work for 15 days a year, and students for seven days a year" (section 3). The Committee noted that the work provided for in this Sub-Decree did not seem to meet the criteria for "minor communal services" which fall outside the scope of the Convention. It requested the Government to indicate the measures taken to ensure compliance with the Convention on this matter.

In its report, the Government states that Sub-Decree No. 10 SDEC has established a civic service for the purpose of restoring infrastructures in rural regions after the disasters -- floods and drought -- which occur every year. It stresses that participation in this work is voluntary and that, in practice, a single day's work was done in the previous year. In addition, the Government states that the persons carrying out this work receive payment in kind and benefit from an irrigation system for their paddy fields.

The Committee takes due note of these indications but observes that the voluntary nature of participation in the work does not follow from Sub-Decree No. 10 of 1994 which mentions that participation is obligatory. The Committee also observes that the length of service required by the Sub-Decree is seven and 15 days per annum respectively for students and other persons. Finally, it notes that the whole labour force of a province has to work on a single worksite and that there is no provision for consultation regarding the need for the work either with those who are expected to do the work or with their direct representatives. Consequently, referring to the explanation given in paragraph 37 of its 1979 General Survey on the abolition of forced labour, the Committee considers that this work does not meet the criteria of "minor communal services" exempted from the scope of the Convention under its Article 2(2)(e). Furthermore, this restoration work, which is foreseeable and takes place annually, does not fall within the exception provided for in Article 2, paragraph 2(d), concerning cases of emergency; as the Committee pointed out in paragraph 36 of the same General Survey, the examples given in the Convention show that cases of emergency involve a sudden, unforeseen happening calling for instant counter-measures. Lastly, referring to the indications given in paragraph 28 of its 1968 General Survey on forced labour, the Committee recalls that where holders of irrigated land are required to participate in the maintenance of irrigation channels from which they derive direct benefit, their obligations -- provided that these are commensurate with the benefits enjoyed -- may be regarded as a form of consideration due from the landholder. By contrast, Sub-Decree No. 10 of 1994 makes the work compulsory for the whole population, and not only for the landholders directly concerned.

The Committee notes that under section 15 of the new Labour Code of March 1997 "Forced labour is prohibited absolutely in conformity with the provisions of Convention No. 29". It hopes that the Government will revise Sub-Decree No. 10 SDEC of 28 February 1994, as well as all the decisions taken in application of this Sub-Decree, in the light of the Convention and of section 15 of the Labour Code, and that it will report on the measures taken or contemplated to ensure observance of the Convention in this respect.

2. Article 25. The Committee notes that under section 369 of the new Labour Code of 1997, persons violating the provisions of section 15 on the prohibition of forced labour are liable to a fine of 61 to 90 days' reference wages or imprisonment ranging from six days to one month.

The Committee recalls that under Article 25 of the Convention, the penal sanctions imposed by law must be really adequate. It hopes that the Government will take the necessary measures to ensure compliance with the Convention on this point.