Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

With reference to its previous comments, the Committee notes the report of the Government, in particular the information concerning Article 13 of the Convention. It requests the Government to provide further information on the following points.

Article 4(b) and (c). The Committee notes that the Immovable Property Act and the Government's policy booklet on land designated for agricultural purposes, to which the Government's report refers, have not been received. It would be grateful if the Government would supply these texts as well as any further information on the control of the alienation of agricultural land to non-agriculturalists.

Article 4(d). The Committee notes the Government's indication that tenancy arrangements are not practised. It hopes that the Government will provide information in any future reports if such arrangements are practised and what measures are taken to control them.

Article 4(e). The Committee notes the Government's reference to an expected review of policies concerning cooperatives. Please provide information on any development in this regard.

Article 5. The Committee notes the Government's indication that no official survey has been conducted concerning the minimum standard of living of independent producers and wage-earners referred to in this Article. It asks the Government to continue to report measures taken to give effect to this Article.

Articles 6, 7, 8 and 9. The Committee notes the Government's statement that migrant workers who are legally employed are not adversely affected. It asks the Government to indicate in future reports: (i) any measures taken to assess the conditions of employment of workers who are employed living away from their homes within the country and what measures are taken to encourage the transfer of wages and savings as referred to in these Articles; and (ii) information on the number of workers either immigrating or emigrating for employment.

Article 12. The Committee notes the Government's indication that a transaction like advances on wages is a private matter between the employer and the worker. It points out that, by ratifying the Convention, the Government has undertaken to give effect to the provisions including this Article, under which the maximum amounts and manner of repayment of advances on wages should be regulated by the competent authority and that any advance in excess of such limits should be legally irrecoverable. The Committee requests the Government to indicate measures taken to implement this Article.

Article 14. The Committee notes the Government's reference to the Constitution and the legislation. It recalls that the principal labour legislation, such as the Fair Labour Standards Act, 1970 and the Industrial Relations Act, 1970, applies to all workers without discrimination on grounds of race, colour, sex, belief, tribal association or trade union affiliation. It also notes that Article 26 of the Constitution forbids discriminatory provisions in laws (paragraph 1) and discriminatory treatment by a person acting in public authority (paragraph 2) on the basis of race, place of origin, political opinions, colour or creed (paragraph 3). The Committee points out that this article of the Constitution is narrower in protection than this Article of the Convention, which prescribes that it should be an aim of policy to abolish all discrimination among workers on the various grounds stipulated, including that of sex or trade union affiliation, and that it should cover all the instances set out in paragraph 1(a) to (i). It therefore requests the Government to indicate any measures taken to implement this Article.

The Committee also requests the Government to indicate the measures taken to lessen the differences in wage rates due to discrimination on various grounds, in accordance with paragraph 2 of this Article, and any practical difficulties encountered, in accordance with point V of the report form.