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

I. The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request: Article 1(1) and Article 2(1) of the Convention. 1. In comments made for a number of years, the Committee has noted that, under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and required to render service; and that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without consent. The Committee has noted from the Government's report received in 1997 that the Government regrets the slow process for the repeal of the Decree but that it is still being vigorously pursued. The Committee again expresses the hope that the Decree will be repealed in the near future and asks the Government to report on the progress made. 2. In its earlier comments the Committee noted that under section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit officers to resign their commission at any stage during their service. The Committee requests the Government to describe how this is applied in practice. 3. The Committee also noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of persons enrolled below the apparent age of 18 years might extend until they are 30 years old. The Committee again expresses the hope that provisions will be adopted to permit persons enlisted as minors to preserve their right to free choice of employment and obtain their discharge after the attainment of the age of 18 years. Please indicate the present practice in this respect and any action taken to ensure the Convention's requirements are observed. Article 2(2)(c). 4. The Committee has noted the Government's indications concerning the limited scope of coverage of the labour inspectorate, and in particular that the Prisons Service is excluded from the application of the Act which authorizes labour inspectors to investigate and conduct inspections of workplaces. The Committee requests the Government to indicate, in its next report, what guarantees are provided to ensure that any work or service exacted from any person as a consequence of a conviction in a court of law is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. Article 25. 5. Please supply available information on cases of illegal exaction of forced or compulsory labour, particularly any relating to children, and any proceedings and penalties applied to the perpetrators.

II. In reference to point 5 above, the Committee is aware of publicly available information concerning the alleged activities of the Lords Resistance Army (LRA) abducting children of both sexes between the ages of 11 and 17 years and forcing them to provide work and services as guards, soldiers and concubines. These alleged activities have been associated with killings, beatings and rape of these children by the LRA. Whilst appreciating that the Government is in conflict with the LRA, nevertheless there is still a government responsibility to ensure that the Convention is complied with. The Committee therefore requests the Government to provide information about these alleged practices and any action which it intends to take to prevent such practices and also to take action against the perpetrators.

In reference to point 4 above, the Committee is also aware of publicly available information concerning allegations that prison officials have hired out prisoners to work on private farms and construction sites as well as prison officials allegedly growing crops on prison grounds for personal profit which are tended by prisoners. The Committee would be grateful if the Government would also provide information about alleged practices and any action it intends to take in respect of such practices.