Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Article 2(2)(d) of the Convention. Emergency regulations. Over a number of years, the Committee has been referring to the state of emergency declared on 20 June 1989 under the Public Security Ordinance, 1947, and the powers of the President under section 10 of the Emergency (Miscellaneous Provisions and Powers) Regulations (adopted in 1989 and revised in 1994, 2000 and 2005). The Committee has duly noted the Government’s repeated statement in its reports that, in view of the ongoing civil war in the country, it is imperative that the provisions of the Emergency Regulations are to be in force in order to prevent any breakdown in the national security and to ensure the maintenance of essential services in the country. However, the Committee reiterates, referring also to paragraphs 62–64 of its 2007 General Survey on the eradication of forced labour, that recourse to compulsory labour under emergency powers should not only be limited to circumstances which would endanger the existence or well-being of the whole or part of the population, but that it should also be clear from the legislation itself that the power to exact labour is limited in extent and duration to what is strictly required to cope with the said circumstances. The Committee reiterates its hope that the necessary measures will at last be taken in order to bring the legislation into conformity with the Convention on this point and that the Government will report the progress made in this regard.

Articles 1(1) and 2(1). Compulsory public service. In its earlier comments, the Committee referred to sections 3(1), 4(1)(c) and 4(5) of the Compulsory Public Service Act, No. 70 of 1961, under which compulsory public service of up to five years may be imposed on graduates. The Committee has noted the Government’s repeated statement in its reports that no prosecutions under the Act have been reported so far. The Government repeats in its 2006 report that the Act has not been implemented in practice and has in effect fallen into disuse. However, the Government indicates that the matter has been referred to the Ministry of Public Administration and Home Affairs for further consideration and steps have been taken to repeal the Act. The Committee therefore expresses the hope that the Compulsory Public Service Act will soon be repealed and the legislation will be brought into compliance with the Convention and the indicated practice.

The Committee is also addressing a request on certain other points directly to the Government.