Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

In the comments that it has been making for several years, the Committee has requested the Government to provide information on the measures taken to bring certain provisions of the national legislation into conformity with the Convention. In its latest report, the Government states that the situation of the country with regard to the Conventions on forced labour has not changed since the transmission of its 1993 report, as the crisis has prevented the adoption of new texts which are in accordance with the Convention. The Committee notes this statement and hopes that the Government will soon be in a position to provide information on the practical steps that it has taken on the following matters, which were 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 noted the Government's statement that measures to repeal these Ordinances should be envisaged in the very short term. The Committee requests the Government to supply the texts repealing the above Ordinances, once they have been adopted.

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of 14 July 1952, Ordinance No. 1286 of 10 July 1953, the Decree of 10 May 1957) and recommended that they be formally repealed.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

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The Committee noted that a study transmitted by the Government recommended that the text in question be repealed and be replaced by the relevant provisions of Legislative Decree No. 1/11 of 8 April 1989 to reorganize communal administration.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 noted that an opinion had been requested from the Ministry of the Interior on this subject. The Committee requests the Government to supply information concerning the action which is envisaged to follow up its comments and on the programme of vocational rehabilitation which the Government considers should prevent vagrancy and begging by providing assistance to persons without employment. The Committee noted Ordinances Nos. 660/161 of 1991, 660/351/91 and 660/086/92, the texts of which were supplied by the Government.

The Committee hopes that the Government will make every effort to take the necessary measures in the near future.