Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Sénégal (Ratification: 1961)

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Article 1(c) of the Convention. Imposition of sentences of imprisonment involving an obligation to work for breaches of labour discipline. For several years, the Committee has been referring to the need to amend sections 624, 643 and 645 of the Merchant Shipping Code (Act No. 2002-22 of 16 August 2002), which provides for prison sentences (involving compulsory labour in accordance with section 692 of the Code of Criminal Procedure and section 32 of Decree No. 2001-362 of 4 May 2001 on the execution and organization of penal sanctions), in the case of unapproved absence from the vessel, verbal insults, gestures or threats towards a superior, or a formal refusal to obey a service order. The Committee notes the Government’s repeated indication, in its report, that fines have always been preferred for breaches of discipline, even though the Merchant Shipping Code leaves the choice of whether to impose a fine or a custodial sentence to the judge. The Government adds that, insofar as judges are bound to respect the principle of proportionality between the offence and the penalty when handing down a penalty, persons receiving the penalty always have the possibility of appealing to a high-court judge if they consider that the penalty against them is disproportionate.

The Committee recalls, in this respect, that in view of the fact that the scope of the provisions of the Merchant Shipping Code mentioned above is not confined to cases in which the breach of discipline would endanger the ship or the life or health of persons on board, these provisions are contrary to the Convention, which prohibits recourse to forced labour, including in the form of compulsory prison labour, as a means of labour discipline. With reference to its 2021 comments on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), in which it noted that a revision of the Merchant Shipping Code was under way, the Committee urges the Government to take the necessary measures to amend the above provisions of the Merchant Shipping Code and to thereby align national legislation with the practice indicated and the Convention. The Committee hopes that this revision will be carried out shortly to ensure that, in conformity with Article 1(c) of the Convention, breaches by seafarers of labour discipline which do not endanger the ship or the persons on board cannot be punished with prison sentences, under which prison labour may be imposed.

Article 1(d). Imposition of sentences of imprisonment involving an obligation to work as punishment for participation in strikes. 1. Requisitioning in the event of a strike. The Committee recalls that section L.279(m) of the Labour Code provides for the possibility of a prison sentence, including compulsory labour, to workers who do not comply with a requisition order in the case of a strike, under section L.276 of the Labour Code, which allows for the requisition of workers who are engaged in jobs that are essential for the security of persons and property, the maintenance of public order, the continuity of public services and the satisfaction of the essential needs of the nation, with the list of jobs concerned to be established by decree. The Committee notes the Government’s indication that the current reform of the Labour Code should be finalized by 2024 and that, in the interest of coherence, the implementing texts of the Labour Code will be adopted after revision of the Code. The Committee notes with deep regret that the Decree implementing section L.276 of the Labour Code has still not adopted since the entry into force in 1997 of the current Labour Code. The Committee wishes to draw the Government’s attention to the fact that a suspension of the right to strike enforced by sanctions involving compulsory labour is compatible with the Convention only insofar as it is necessary to cope with cases of force majeure in the strict sense of the term – namely, when the existence or well-being of the whole or part of the population is endangered (see 2012 General Survey, on the fundamental Conventions, paragraph 314). The Committee recalls in this regard that the Government previously indicated that pending the Decree implementing section L.276, Decree No. 72-017 of 11 March 1972 establishing the list of posts, jobs and functions the holders of which may be requisitioned continued to be applicable, and that this Decree targeted posts, jobs or functions which do not constitute essential services in the strict sense of the term. In this regard, it refers the Government to its 2022 comments under the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The Committee urges the Government to take the necessary measures to bring the national legislation into conformity with the Convention by ensuring that the Decree to implement section L.276 of the Labour Code limits the list of posts, jobs and functions the holders of which may be requisitioned, to posts, jobs and functions which constitute essential services in the strict sense of the term. Pending the adoption of these measures, the Committee requests the Government to provide information on the application in practice of sections L.276 and L.279(m) of the Labour Code, particularly on the number of prosecutions brought or court rulings handed down, specifying the penalties imposed and the acts that led to these convictions.

2. Occupation of premises in a strike. Recalling that the last paragraph of section L.276 and section L.279(o) of the Labour Code provide for the possibility of imposing imprisonment involving compulsory labour for striking workers who have occupied the workplace or its immediate surroundings, the Committee notes with regret the absence of measures taken by the Government to ensure that, in both legislation and practice, no sanctions involving compulsory labour should be imposed for the mere fact of organizing or peacefully participating in strikes (see 2012 General Survey, paragraph 315). The Committee once again urges the Government to take the necessary measures, particularly within the context of the revision of the Labour Code, to amend the last paragraph of section L.276 and section L.279(o) of the Labour Code so as to ensure that striking workers who peacefully occupy the workplace or its immediate surroundings are not liable to prison sentences during which prison labour may be imposed. The Committee requests the Government to indicate the number of strikers who have been prosecuted and convicted under sections L.276 and L.279(o) of the Labour Code.