Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. 1. In its comments over a number of years, the Committee has drawn the Government's attention to section 1 of Order No. 68-353 of 6 April 1968, under which labour is compulsory for all persons in detention. It noted the Government's statements according to which, in practice, persons in detention are not compelled to work and requested the Government to amend the provision in question to ensure that legislation reflects actual practice. In its last report received in 1997, the Government indicated that during recent years, the prison administration had been adversely affected by frequent changes at ministerial level, but that the management of detention centres was being transferred back to the Ministry of Justice, which would facilitate the implementation of an improved prison policy. The Committee therefore trusts that the Government will do everything possible in the near future to ensure through legislation that prisoners are not compelled to work except as a consequence of a conviction in a court and only under conditions stipulated by the Convention; and that prisoners and persons held in detention who have not been tried are not compelled to work and may work only on a purely voluntary basis and at their request.

2. In its earlier comments, the Committee also referred to section 7, paragraph 2 of the Order in question, according to which prisoners whose conduct is considered satisfactory can work for a private employer with a view to their moral rehabilitation and readaptation to normal working life. It requested the Government to provide information on the practice of private individuals or companies using prison labour. The Government states that punishment involving the deprivation of liberty of prisoners in agricultural institutions could help to eliminate idleness, reduce the temptation to escape, and provide a regular diet and income, part of which would be used to pay compensation. The Committee requests further information about the arrangements for prisoners working in agricultural institutions including their supervision, income and payment of compensation.

The Committee notes that a survey is under way on the role of the prison in the country's penal system and that alternative punishments such as community service are to be incorporated in the Penal Code. The Committee hopes that the revision of prison legislation that is currently under way will be completed in the near future, that it will take account of the provisions of the Convention concerning in particular the conditions for the use of prison labour, as explained in paragraphs 97-101 of the General Survey of 1979 on the abolition of forced labour and also explained in paragraphs 116-125 of the 1998 General Report, and that copies of any new texts will be provided.