Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. The Committee previously noted the Government's indications that necessary provisions would be made in the Constitution to give legal support to the provisions of the Convention and that the inclusion of suitable provisions including penal provisions, in the draft Labour Code was also considered. The Government further indicated that pending finalisation of the Constitution and the Labour Code, the Government advised all concerned to follow the provisions of the Convention. The Committee requested the Government to supply information on any penalties applying to the illegal exaction of forced or compulsory labour, in conforming with Article 25 of the Convention.

The Committee notes the Government's information in its report according to which no forced labour has appeared, except sometimes in cases of emergency in the event of war or calamity that would endanger the existence of the well-being of the whole or part of the population and forced labour is prohibited. It also notes that the Labour Code will be adopted by the Council of Ministers in the near future.

The Committee expresses the hope that in accordance with Article 25 of the Convention, adequate penalties for the illegal exaction of forced or compulsory labour will be provided for by the new Labour Code or otherwise. The Committee requests the Government to provide information on measures adopted to this effect.

2. In its general direct request of 1981, the Committee referred to paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, concerning restrictions on the freedom of workers to terminate their employment. It noted that in a number of countries the status of certain persons in the service of the State, including career members of the armed forces, is governed by statutory provisions under which the right to leave the service is subject to authorisation. In some cases a link is made between the length of training received and that of service normally required before resignation is accepted. Since such restrictions may have a bearing on application of the Conventions on forced or compulsory labour, the Committee would again ask the Government to supply information on national legislation and practice concerning the situation of the various categories of career members of the armed forces and of other persons in the service of the State, with regard, in particular, to the freedom to leave the service on their own initiative within a reasonable period, either at specified intervals or by giving notice.

3. The Committee requests the Government to supply copies of any statutory instruments governing compulsory military service, prison labour, emergency work or service, compulsory cultivation and minor communal services.