Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee has noted the Government’s reply to its earlier comments. It requests the Government to provide, in its next report, information in response to the Committee’s general observation of 2000 concerning measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation.

Article 2(2)(c), of the Convention. In its earlier comments, the Committee noted certain provisions of the Act on the Employment of Persons Deprived of Liberty, of 28 August 1997, and Order No. 727 of 26 August 1998 on specific principles of employment of convicts, allowing prisoners to be employed by private employers (enterprises and natural persons). The Committee also noted from the provisions of Chapter 5 of the Punishment Execution Code, of 6 June 1997, which governs the employment of prisoners, that inmates are employed not only on the basis of an employment contract, but also on the basis of an order assigning them to a specific job ("a referral to work"); and that labour law provisions concerning hours of work and occupational safety and health are applicable to prison labour (section 121, paragraphs 1, 2 and 5).

The Government indicates in its latest report that employment of convicts on a basis of "referral to work" is similar to voluntary employment relationship, because most often it is connected with prior consent of the convict for implementation of a programme of rehabilitation. However, in its previous report received in August 2000, the Government indicated that employment of convicted persons on the basis of "referral to work" requires only the conclusion of a contract between a penal institution and an employer; the convicted person’s consent is not required, since the legislation provides for an obligation of prisoners to perform labour.

The Committee points out once again that, in order to be compatible with the explicit prohibition Article 2(2)(c), of the Convention, work of prisoners for private employers must be performed in conditions approximating a free employment relationship; this necessarily requires the freely given consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security, etc. (see paragraph 10 of the Committee’s general observation of 2001 and paragraphs 103-143 of its General Report to the 89th Session of the International Labour Conference, 2001).

The Committee therefore reiterates its hope that the necessary measures will be taken in order to ensure compliance with the Convention on this point, e.g. by introducing a provision clearly requiring a freely given consent of the convicted persons concerned (including those employed on a basis of "referral to work") to perform labour for private employers, and that the Government will soon be able to report the progress made in this regard.