Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Prison labour. For several years the Committee has drawn the Government's attention to Decree No. 59-121 of 27 October 1959 (amended by Decree No. 63-167 of 6 March 1963) to establish the organization of the prison services, under which prison labour may be hired to private undertakings and prison work may be imposed on persons detained pending trial. The Committee requested the Government to repeal or to amend the legislation in question so as to bring it into conformity with the Convention. In the Government's previous reports, the Committee noted with interest the renewed statements to the effect that the hiring of prison labour had been abolished in Circular No. 10-MJ/DIR/CAB/C of 1 July 1970 and that people detained pending trial were no longer forced to undertake prison labour. The Committee also noted the repeated information provided by the Government according to which the revision of Decree No. 59-121 was being studied. In its last report received in 1996, the Government indicates that the hiring of prison labour is still justified by the general economic recession prevailing in the country, since the administration has only a limited budget available which does not allow it to guarantee the vital minimum (food and shelter) for the prison population. The Government adds that the hiring of prison labour is permitted under section 70 of Decree No. 59-121, provided that the work undertaken is for the good of the country. The Committee reminds the Government that under Article 2, paragraph 2(c), of the Convention, a prisoner shall not be hired or placed at the disposal of private individuals, companies or associations even if they are responsible for carrying out public works. The Committee also refers the Government to the explanations provided in paragraphs 97-101 of its General Survey of 1979 on the abolition of forced labour. The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by prohibiting, on the one hand, the hiring of prison labour to private individuals and, on the other hand, the imposition of prison labour on people detained pending trial. 2. National service. In its previous comments, the Committee referred to Act No. 68-018 of 6 December 1968 and to Ordinance No. 78-002 of 16 February 1978 relating to the general principles of national service, which define national service as the compulsory participation of all Malagasies in national defence and in the economic and social development of the country. The Committee also noted various texts which either referred to the powers of the military committee for developments with regard to work in support of the local communities or laid down the procedure for incorporation into national service of young school-leavers and recruits of a particular age group, or changed the name of the units responsible for development (development forces), subject to the threat of various penalties and sanctions. The Committee drew the Government's attention to the fact that under Decree No. 92-353 fixing the conditions for recruitment and methods for enforcing the obligations of national service on school-leavers, the Voluntary Nature Act in question relates not to the performance of national service, but to the sector of assignment (outside the people's armed forces). Furthermore, the Committee notes that Decree No. 92-353 was adopted pursuant to sections 2 and 4 of Ordinance No. 78-002. Under Act No. 68-018 and Ordinance No. 78-002, national service is defined as the compulsory participation, imposed for a period of up to two years, of part of the population, namely young Malagasies from 18 to 35 years of age, in the activities of national defence and the economic and social development of the country, under the threat of various penalties and sanctions. The Committee reminds the Government once again that forcing young people to participate in development work as part of compulsory military service -- or as an alternative thereto -- is incompatible with the Forced Labour Convention. Military service is excluded from the scope of the Convention only if it is confined to "work of a purely military character". In this regard, the Committee refers the Government to the explanations given in paragraphs 25, 27, 28, 29, 31, 32, 49 and 56-61 of its General Survey of 1979 on the abolition of forced labour in which it provides clarifications as to the link between certain compulsory programmes involving the participation of young people in activities for the economic and social development of the country, and the Convention. The Committee again expresses the hope that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by ensuring that young boys and young girls participate in national service on a voluntary basis and that the services required under the military service laws are of a purely military character. The Committee notes the information provided by the Government according to which the political and social context has changed considerably since 1978 and consequently, the fact that Ordinance No. 78.002 of 16 February 1978 to introduce national service has lapsed may be invoked. It therefore requests the Government to repeal Ordinance No. 78.002 and Decree No. 92-353 so as to ensure that the Convention is respected.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.