Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. Article 2(2)(a) and (d) of the Convention. The Committee notes that the prohibition of forced or compulsory labour established in section L6 of the Labour Code does not, pursuant to subsection 2, include "all work required in the public interest by legislative provisions on the organization of defence, the creation of a national service or participation in development". Furthermore, Act No. 87-48 AN-RM on the requisitioning of persons and property, the objective of which is to determine the conditions governing the right to requisition in the cases envisaged by the Act on the general organization of defence and states of emergency, allows, under section 25, requisitioning in situations other than mobilization or war time. The Committee previously reminded the Government in this connection that the Convention allows work or service exacted in virtue of compulsory military service laws not to be treated as forced or compulsory labour only if it is for work of a purely military character (Article 2(2)(a)). Furthermore, requisitioning should be restricted to the exceptional circumstances defined in Article 2(2)(d) of the Convention, namely "cases of emergency, … and in general any circumstances that would endanger the existence or the well-being of the whole or part of the population". In order that it may assess the extent to which the provisions of the national legislation enable effect to be given to the Convention, the Committee again requests the Government to provide a copy of the legislation on the organization of defence, national service and states of emergency. The Committee would also be grateful if the Government would state whether it has availed itself of the provisions of section L6(2) of the Labour Code and, if so, in what circumstances. Please also provide information on the practical application of Act No. 87-48 AN-RM on the requisitioning of property and persons.

2. Article 2(2)(c). The Committee notes that section 7(2) of the new Penal Code includes "work in the general interest" among the penalties for offences. According to section 14 of the Penal Code, such work is an alternative to the imprisonment and its purpose is to promote better conditions for the rehabilitation, social reintegration and correction of the offender. The Committee observes that the Penal Code makes no provision for the regulation of the application or execution of this penalty. It recalls that in 2000, the Government sent a copy of a Bill establishing the penalty of work in the general interest and regulating the conditions for its application. In its last report, the Government provides no information on the adoption of that Bill or on work in the general interest.

According to the draft sent previously, the president of the court proposes the penalty of work in the general interest, and the accused person is free to accept or refuse the proposal. The work is performed for a public community, a public service or an association recognized to be of public interest; and its duration must be not less than 40 hours or more than 480 hours. The Committee points out that according to Article 2(2)(c), of the Convention, work carried out by convicts for the benefit of private companies is forbidden. In these circumstances, and in the event that the Bill has been adopted, the Committee requests the Government to indicate in its next report the associations recognized to be of public interest for which offenders may be required to perform work in the general interest. More generally, the Committee would be grateful if the Government would provide a copy of any provisions governing the application of the penalty of work in the general interest and any information on the practical effect given to such provisions.