Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the information communicated by the Government in its report. It has also taken note of the discussions held in the Conference Committee in 1990.

1. In its previous comments the Committee noted that the provisions of Act No. 73-4 of 9 July 1973 setting up the National Civic Service for Participation in Development were contrary to the Convention because they provided that work in the general interest throughout the public and private sectors could be imposed on citizens between 16 and 55 years of age for a period of 24 months, subject to imprisonment for two to three years in the event of refusal. The Government indicated that a change in the aforementioned Act was planned and that in practice enrolment in the Service in question was entirely voluntary.

The Committee notes with interest the provisions of Decree No. 90/843 of 4 May 1990 abolishing the National Office of Participation in Development (NOPD), the text of which was communicated by the Government with its report. The Committee also notes the indications given by the Government in its report to the effect that Act No. 73-4 of 9 July 1973 instituting the Civic Service, for its part, has not yet been repealed. In that connection the Committee notes that the Government representative to the Conference Committee has stated that the Government had prepared a draft Act to bring the law into harmony with the practice of recruiting to the Civic Service on a voluntary basis. The Committee trusts that the necessary measures will soon be taken to bring the law into conformity with the Convention on that point and that the Government will communicate a copy of the provisions repealing or amending Act No. 73-4 of 1973.

2. In previous comments, the Committee noted that the provisions of Decree No. 73-774 of 11 December 1973 laying down penitentiary regulations permitted prison labour to be hired to private undertakings and individuals. It expressed the hope that the penitentiary legislation would be brought into conformity with Article 2, paragraph 2(c), of the Convention, which makes it unlawful for prison labour to be placed at the disposal of private individuals, companies or associations. The Committee notes the Government's statement in its report that no new provisions have been laid down. The Committee hopes that the Government will soon be able to report tangible progress achieved in the light of the more detailed explanations given in a request which it is addressing directly to the Government.

3. In its previous comments the Committee also drew the Government's attention to the need to take legislative or regulatory measures in order to restrict, in accordance with Article 2, paragraph 2(e), of the Convention, the scope of communal work that could be exacted pursuant to section 2, paragraph 5(e), of the Labour Code; it asked the Government to communicate copies of municipal decrees organising communal work in the general interest.

The Committee notes the information supplied by the Government representative to the Conference Committee to the effect that the nature of such communal work is defined in detail by municipal decrees; that it consists of minor services such as clearing land for certain ceremonies in the community, ordered by the municipal administrators and intended essentially to improve the life of the inhabitants, it being understood that large-scale projects were generally assigned to specialised undertakings in return for remuneration and that the other work necessary to the functioning of the community was done by municipal employees for pay. The Committee notes that the Government representative stated that she would try to send copies of municipal decrees organising such work in the general interest.

The Committee notes the information communicated by the Government in its latest report to the effect that, in the new Labour Code now in preparation, the expression "communal work in the general interest" should be replaced by the expression "work in the general interest".

The Committee points out that, under Article 2, paragraph 2(e), of the Convention only "minor communal services" are exempt from the scope of the Convention. In this connection the Committee refers to paragraph 37 of its General Survey of 1979 on the Abolition of Forced Labour, which lists the criteria determining the limits of the exception prescribed in Article 2, paragraph 2(e), of the Convention:

- the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

- the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of work intended to benefit a wider group;

- the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the village council) must "have the right to be consulted in regard to the need for such services".

The Committee is bound to note that the text of the draft Labour Code as indicated by the Government, rather than restricting the scope of the services that may be exacted to "minor communal services", would tend on the contrary to widen them to "work in the general interest".

The Committee hopes that the Government will re-examine the laws and the draft Labour Code in the light of the Convention and of the explanations given in paragraph 37 of the aforementioned General Survey in order to ensure compliance with the requirements of Article 2, paragraph 2(e), of the Convention. The Committee again asks the Government to communicate texts of municipal decrees organising communal work in the general interest.