Forced Labour Convention, 1930 (No. 29) - Cabo Verde (Ratification: 1979)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee welcomed the incorporation into the Penal Code of section 271-A, which provides a definition of trafficking in persons for both sexual and labour exploitation and establishes applicable penalties. The Committee asked the Government to provide information on progress made in the adoption of specific legislation on trafficking in persons encompassing measures for prevention, suppression and victim protection.

The Committee notes the Government’s indication that in 2018, the “National Plan to combat human trafficking” (Resolution No. 40/2018) was adopted and that numerous activities to publicize the Plan and to raise public awareness of trafficking were implemented between 2018 and 2020. The Committee notes with interest that the goal of the National Plan is to implement comprehensive, effective responses to combat trafficking in persons through a holistic approach to the problem focusing on the following four strategic components: (i) strengthening the legal and institutional framework; (ii) prevention of trafficking; (iii) prosecution of the crime of trafficking; and (iv) protection and support for victims. It also provides for the establishment of the “Observatory for monitoring and rapid identification of trafficking situations”. The Government also refers to training given in 2018 to entities responsible for prosecution of the crime of trafficking, which encompassed understanding of the concept, the legal framework, and investigation and prosecution procedures to be adopted. The Government indicates that in 2019, one case of trafficking for exploitation was investigated and referred to the justice system. The Observatory supported and assisted the four victims concerned throughout the proceedings. Lastly, the Government emphasizes that the “2nd Plan of Action for immigration and the special inclusion of immigrants (2018–21)” establishes measures for reinforcing mechanisms for the social inclusion of immigrants and better knowledge of their rights. In this regard, the legal provisions regarding foreign citizens’ entry into, residence in, and departure and expulsion from Cabo Verde territory (Act No. 66/VIII/2014, as amended), provide that foreign citizens who are victims of trafficking shall be eligible for a residence permit (section 61). The same applies to victims of labour exploitation, especially those subjected to abusive working conditions, who report their situation and cooperate with the authorities (section 63(g)).

The Committee notes this information and encourages the Government to continue taking steps to combat the trafficking of persons for both sexual and labour exploitation. The Committee requests the Government to provide information on the implementation of the four strategic components of the “National Plan to combat human trafficking”, the results achieved and any difficulties encountered. In particular, the Committee requests the Government to step up efforts and reinforce resources for the competent authorities to improve identification of cases of trafficking in persons, and in this context to clarify the role and action of the “Observatory for monitoring and rapid identification of trafficking situations”. The Committee also requests the Government to provideinformation on investigations conducted, prosecutions initiated and convictions handed down on the basis of section 271-A of the Penal Code.

Article 2(2)(c). Penalty of community work. Referring to section 71 of the Penal Code, the Committee previously noted that the penalty of community work – an alternative penalty to imprisonment – could be handed down without the consent of the convicted person and performed for the benefit of private entities. The Committee asked the Government to ensure that persons sentenced to community work are not obliged to carry out work for profit-making private entities. The Government reiterates that the social reintegration services are responsible for coordinating the public entities and private persons interested in receiving persons performing community work sentences. The Government also provides the list of beneficiary entities and work done. The Committee notes that, as provided for in Order No. 5/2009 of 16 February 2009 establishing procedures and rules for promoting the application and implementation of the penalty of community work, the work done is in the public interest and the beneficiaries are public entities or private associations. Recalling that the penalty of community work is handed down without the consent of the convicted person and that the work can be done for a private entity, the Committee requests the Government to continue ensuring that the work done is indeed in the public interest and that the entities for which the work is performed are not profit-making, and to provide information on this matter.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee expressed the hope that the process of revising the Penal Code would culminate in the adoption of penal provisions criminalizing and punishing trafficking in persons. It also asked the Government to provide information on the adoption of a plan of action to combat trafficking in persons and on the measures taken to prevent and raise awareness of trafficking in persons and to protect victims.

The Committee notes with interest that Decree No. 4/2015, adopted on 11 November 2015, incorporates new provisions in the Penal Code which criminalize trafficking in persons. Section 271-A of the Penal Code provides a definition of the crime of trafficking in persons for both sexual and labour exploitation and establishes a penalty of four to ten years’ imprisonment (which may be increased in aggravating circumstances). Section 271-A(7) excludes any criminal liability for victims of trafficking who entered the country illegally or participated in illicit activities as a result of being trafficked. The Committee notes the Government’s indication in its report that it is planning to adopt specific legislation on trafficking in persons so that a holistic approach towards tackling this crime can be adopted.

The Committee notes that one of the components of the National Emigration and Development Strategy, adopted in 2014, refers to the protection of migrants against fraudulent recruitment practices and indecent conditions of work. It is planned to monitor and intensify research and legislation relating to cases of human trafficking which lead to situations of extreme vulnerability. The Committee also observes that, according to the Integrated National Plan for Combating Drugs and Crime 2012–16, Cabo Verde continues to address the issue of repatriation of a limited number of citizens who left the country in an irregular manner, but that the country must above all tackle a substantial influx of migrants mainly originating from the African continent. Most of these migrants use Cabo Verde as a country of transit on the way to Europe or the United States, with 17 per cent of them having irregular status. The Government indicates in this regard that through cooperation with its European partners the number of cases of trafficking of migrants appears to have decreased in recent years. However, the Government emphasizes that there may be some blurring of the concepts of smuggling of migrants and trafficking in persons which, together with the lack of specific data on these crimes, makes it difficult to evaluate accurately the scale of these practices. While noting all the above information, the Committee encourages the Government to continue to take steps to raise awareness of, and prevent and combat, the complex phenomenon of trafficking in persons for both sexual and labour exploitation. The Committee hopes that, as the Government has indicated, a specific law on trafficking in persons will be adopted and that it will establish measures to: raise public awareness, targeting at-risk categories in particular; train stakeholders to make them better equipped to understand and identify trafficking practices and to prosecute the perpetrators; and also protect victims. The Committee requests the Government to provide information on actions taken in the various fields. It also requests the Government to provide information on any cases of trafficking in persons which have been identified, any judicial proceedings instituted and any convictions handed down on the basis of section 271-A of the Penal Code.

Article 2(2)(c). Sentence involving the performance of community work. The Committee notes that Legislative Decree No. 4/2015 has amended section 71 of the Penal Code concerning the sentence of the performance of community work. It observes that the judge may now hand down this alternative sentence to imprisonment without needing to obtain the prior consent of the convicted person. Section 71 of the Penal Code also states that services may be provided for the State, public law associations or private entities under the terms and conditions defined by law. The Committee recalls that, under Article 2(2)(c) of the Convention, the work imposed on any person as a consequence of a conviction in a court of law is not deemed to be forced labour, provided that the said person is not placed at the disposal of private individuals, companies or associations. In view of the fact that the consent of the person sentenced to the performance of community work is no longer required, the Committee requests the Government to take the necessary measures to ensure that persons sentenced to the performance of community work do not carry out work for profit-making private entities. The Committee also requests the Government to send the list of entities for which services of this kind may be performed and also provide information on the nature of the work.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that Cabo Verde is a country of transit, particularly for migrants attempting to reach European countries, and it requested the Government to provide information on the activities conducted by the competent authorities to prevent and combat trafficking in persons, and on the applicable national legislation. In its report, the Government refers to a number of initiatives, including:

• -the process of revising the Penal Code, which should contain provisions criminalizing trafficking in persons;
• -the formulation and implementation, with the assistance of the United Nations Office on Drugs and Crime, of a project to reinforce national capacities to prevent and combat trafficking in persons, including training for public actors and civil society;
• -the holding of a training seminar in June 2014 devoted to improving the identification of victims of trafficking and reinforcing the capacities of the investigation and prosecution services;
• -the National Immigration Strategy adopted in 2012 intended to regulate migratory flows so as to contribute to national social and economic development, while at the same time preventing and combating irregular migration and trafficking in persons. This strategy envisages, among other measures, the strengthening of the legislative framework, the development of a plan of action to prevent and combat trafficking in persons and to protect victims, and the reinforcement of the capacities of the national authorities, including the judicial system, for the identification of cases of trafficking and the punishment of those responsible.

The Committee notes this information and hopes that the Government will take all the necessary measures to strengthen the legislative framework to combat trafficking and, for this purpose, that the process of revising the Penal Code will be completed in the very near future with the adoption of penal provisions criminalizing and sanctioning trafficking in persons for sexual exploitation and labour exploitation. The Committee also requests the Government to provide information on the implementation of the measures envisaged in the National Immigration Strategy in relation to combating trafficking in persons, and in particular the adoption of a plan of action to combat trafficking in persons. Please also indicate the measures taken to prevent and raise awareness on trafficking in persons and to protect victims. Finally, the Committee requests the Government to indicate the measures taken to reinforce the capacity of the competent authorities to identify, prosecute and bring to justice cases of trafficking, and to provide, where appropriate, information on the prosecutions initiated and the court rulings handed down in these cases.

Article 2(2)(c). Sentence involving the performance of community work. The Committee notes the detailed information provided by the Government on the monitoring of measures for the performance of the alternative sentence of the performance of community work, envisaged in section 71 of the Penal Code, the entities for which these services may be performed and the nature of the work involved. Based on all of this information, The Committee acknowledges that the work performed in the context of this sentence, to which convicted persons must give their consent, is indeed in the general interest.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the adoption in June 2008 of a joint declaration on a mobility partnership between the European Union and Cape Verde. It notes that this partnership, whose objectives include facilitating the movement of persons between the signatory countries and developing genuine cooperation on migration and development, also contains a component which is designed to prevent and combat illegal immigration and trafficking in persons. The Committee further notes that the national legislation does not appear to contain any provisions specifically criminalizing trafficking in persons, the Government having referred previously to section 271 of the Penal Code, which criminalizes slavery.

Having noted that Cape Verde is a transit country for migrants attempting to reach European countries, the Committee requests the Government to supply information in its next report on the awareness-raising activities conducted to prevent and combat trafficking in persons. It also requests the Government to supply information on the characteristics of trafficking in persons in Cape Verde, the problems encountered by the public authorities in this respect and, if applicable, to indicate the provisions of the national legislation used by the authorities to prosecute and convict persons who engage in this criminal activity.

Article 2(2)(c). Sentence involving the performance of community work. With reference to its previous comments, in which it asks the Government to supply information on the procedures for the implementation of an alternative community services sentence, as laid down by section 71 of the Penal Code, the Committee notes the Ministerial Order No. 5/2009 of 16 February 2009, provided by the Government, which establishes procedures and rules promoting and facilitating procedures for the implementation of a sentence involving the performance of community work. The Committee notes that this Order calls on the social reintegration services to draw up a list of public and private persons and institutions interested in benefiting from community work. Section 2 states that the reintegration services shall choose the jobs concerned according to the usefulness of the work for the community. These services regularly provide the courts with information on the lists for recipients and the kinds of work on offer, supplying information enabling them to evaluate whether the work is useful to the community. They are also responsible for monitoring the implementation of the work, thereby providing the courts with a guarantee that the conditions for serving this kind of sentence are adequately and constantly monitored.

The Committee duly notes these provisions, which provide for the supervision and monitoring of procedures for the implementation of this sentence in such a way as to ensure that the work done is indeed in the general interest. The Committee asks the Government to indicate whether the social reintegration services have already established the list of public and private persons and institutions interested in receiving community work. If so, the Committee requests the Government to indicate the kind of information supplied to the courts concerning the list of recipients and the types of work available (section 2(4) of the Order).

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the adoption in June 2008 of a joint declaration on a mobility partnership between the European Union and Cape Verde. It notes that this partnership, whose objectives include facilitating the movement of persons between the signatory countries and developing genuine cooperation on migration and development, also contains a component which is designed to prevent and combat illegal immigration and trafficking in persons. The Committee further notes that the national legislation does not appear to contain any provisions specifically criminalizing trafficking in persons, the Government having referred previously to section 271 of the Penal Code, which criminalizes slavery.

Having noted that Cape Verde is a transit country for migrants attempting to reach European countries, the Committee requests the Government to supply information in its next report on the awareness-raising activities conducted to prevent and combat trafficking in persons. It also requests the Government to supply information on the characteristics of trafficking in persons in Cape Verde, the problems encountered by the public authorities in this respect and, if applicable, to indicate the provisions of the national legislation used by the authorities to prosecute and convict persons who engage in this criminal activity.

Article 2(2)(c). Sentence involving the performance of community work. With reference to its previous comments, in which it asks the Government to supply information on the procedures for the implementation of an alternative community services sentence, as laid down by section 71 of the Penal Code, the Committee notes the Ministerial Order No. 5/2009 of 16 February 2009, provided by the Government, which establishes procedures and rules promoting and facilitating procedures for the implementation of a sentence involving the performance of community work. The Committee notes that this Order calls on the social reintegration services to draw up a list of public and private persons and institutions interested in benefiting from community work. Section 2 states that the reintegration services shall choose the jobs concerned according to the usefulness of the work for the community. These services regularly provide the courts with information on the lists for recipients and the kinds of work on offer, supplying information enabling them to evaluate whether the work is useful to the community. They are also responsible for monitoring the implementation of the work, thereby providing the courts with a guarantee that the conditions for serving this kind of sentence are adequately and constantly monitored.

The Committee duly notes these provisions, which provide for the supervision and monitoring of procedures for the implementation of this sentence in such a way as to ensure that the work done is indeed in the general interest. The Committee asks the Government to indicate whether the social reintegration services have already established the list of public and private persons and institutions interested in receiving community work. If so, the Committee requests the Government to indicate the kind of information supplied to the courts concerning the list of recipients and the types of work available
(section 2(4) of the Order).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 2, subparagraph (c), of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee notes that section 71 of the Penal Code (Legislative Decree No. 4/2003 of 18 November 2003) permits the replacement of a sentence of imprisonment of up to one year or a fine (up to 200 days) by a penalty of the performance of community services. The latter may not be applied without the consent of the convicted person and the services are to be performed for the State, public law associations or private entities under the terms and conditions determined by the law. The Committee recalls that under Article 2(2)(c) of the Convention, in order to be excluded from the definition of forced labour, prison work has to be “carried out under the supervision and control of a public authority” and the detainee must not be “hired to or placed at the disposal of private individuals, companies or associations”. As section 71 of the Penal Code allows work carried out in the context of a sentence of community service to be undertaken on behalf of private entities, the Committee would be grateful if the Government would indicate whether the procedures for the implementation of a sentence to perform community service have been determined by the law and whether courts have already issued decisions in this respect. If so, please provide information on the list of private entities authorized to receive individuals sentenced to this penalty and on the types of work which may be imposed in this respect. This information will enable the Committee to ensure that the conditions for the performance of the work are sufficiently supervised and controlled to ensure that the work is performed, in practice, in the general interest and that the entities for which the work is performed are not profit-making.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee notes that section 71 of the Penal Code (Legislative Decree No. 4/2003 of 18 November 2003) permits the replacement of a sentence of imprisonment of up to one year or a fine (up to 200 days) by a penalty of the performance of community services. The latter may not be applied without the consent of the convicted person and the services are to be performed for the State, public law associations or private entities under the terms and conditions determined by the law. The Committee recalls that under Article 2, paragraph 2(c), of the Convention, in order to be excluded from the definition of forced labour, prison work has to be “carried out under the supervision and control of a public authority” and the detainee must not be “hired to or placed at the disposal of private individuals, companies or associations”. As section 71 of the Penal Code allows work carried out in the context of a sentence of community service to be undertaken on behalf of private entities, the Committee would be grateful if the Government would indicate whether the procedures for the implementation of a sentence to perform community service have been determined by the law and whether courts have already issued decisions in this respect. If so, please provide information on the list of private entities authorized to receive individuals sentenced to this penalty and on the types of work which may be imposed in this respect. This information will enable the Committee to ensure that the conditions for the performance of the work are sufficiently supervised and controlled to ensure that the work is performed, in practice, in the general interest and that the entities for which the work is performed are not profit-making.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. 1. The Committee notes Act No. 112/V/99 of 13 September 1999 and the information provided by the Government in its last report concerning the conditions under which detainees may perform a paid occupational activity outside the prison.

2. The Committee notes that section 71 of the Penal Code (Legislative Decree No. 4/2003 of 18 November 2003) permits the replacement of a sentence of imprisonment of up to one year or a fine (up to 200 days) by a penalty of the performance of community services. The latter may not be applied without the consent of the convicted person and the services are to be performed for the State, public law associations or private entities under the terms and conditions determined by the law. The Committee recalls that under Article 2, paragraph 2(c), of the Convention, in order to be excluded from the definition of forced labour, prison work has to be “carried out under the supervision and control of a public authority” and the detainee must not be “hired to or placed at the disposal of private individuals, companies or associations”. As section 71 of the Penal Code allows work carried out in the context of a sentence of community service to be undertaken on behalf of private entities, the Committee would be grateful if the Government would indicate whether the procedures for the implementation of a sentence to perform community service have been determined by the law and whether courts have already issued decisions in this respect. If so, please provide information on the list of private entities authorized to receive individuals sentenced to this penalty and on the types of work which may be imposed in this respect. This information will enable the Committee to ensure that the conditions for the performance of the work are sufficiently supervised and controlled to ensure that the work is performed, in practice, in the general interest and that the entities for which the work is performed are not profit-making.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law

1. The Committee notes Act No. 112/V/99 of 13 September 1999 and the information provided by the Government in its last report concerning the conditions under which detainees may perform a paid occupational activity outside the prison.

2. The Committee notes that section 71 of the Penal Code (Legislative Decree No. 4/2003 of 18 November 2003) permits the replacement of a sentence of imprisonment of up to one year or a fine (up to 200 days) by a penalty of the performance of community services. The latter may not be applied without the consent of the convicted person and the services are to be performed for the State, public law associations or private entities under the terms and conditions determined by the law. The Committee recalls that under Article 2, paragraph 2(c), of the Convention, in order to be excluded from the definition of forced labour, prison work has to be “carried out under the supervision and control of a public authority” and the detainee must not be “hired to or placed at the disposal of private individuals, companies or associations”. As section 71 of the Penal Code allows work carried out in the context of a sentence of community service to be undertaken on behalf of private entities, the Committee would be grateful if the Government would indicate whether the procedures for the implementation of a sentence to perform community service have been determined by the law and whether courts have already issued decisions in this respect. If so, please provide information on the list of private entities authorized to receive individuals sentenced to this penalty and on the types of work which may be imposed in this respect. This information will enable the Committee to ensure that the conditions for the performance of the work are sufficiently supervised and controlled to ensure that the work is performed, in practice, in the general interest and that the entities for which the work is performed are not profit-making.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee noted that by virtue of section 43 of Legislative Decree No. 25-88 of 26 March 1988 (general standards on the application of prison sentences), the General Directorate of Prison Services may authorize a prisoner, upon the proposal of the director of the establishment, to exercise a remunerated occupational activity outside prison. Section 44 of the same Legislative Decree provides that authorization for remunerated work of community interest may also be given by the General Director of Prison Services, at the request of the public, central or local administration. The Committee noted in this respect the Government’s indication that the provisions of section 44 above have not been applied in practice as the Directorate General of Prison Services has never signed an agreement to this effect. As regards the occupational activities carried out under section 43 of the above Legislative Decree, the Government indicated that prisoners undertake occupational activities outside the prison establishment at their own request and on the reasoned proposal of the prison director. Such services are generally carried out by prisoners in private enterprises and private properties, but do not involve any formal contract between the parties, even though they are performed under the responsibility of the employer and the prisoners are guaranteed the payment of a monthly wage, but not social security benefits.

The Committee recalls that under the terms of the Convention any work exacted from any person as a consequence of a conviction in a court of law has to be carried out under the supervision and control of a public authority and that the prisoner must not be hired to or placed at the disposal of private individuals, companies or associations. As the Committee emphasized in paragraphs 112 to 125 of its General Report to the 86th Session of the International Labour Conference (1998), only when performed in conditions approximating a free employment relationship can work by prisoners for private companies be held compatible with the explicit prohibition set forth in Article 2, paragraph 2(c), of the Convention; this necessarily requires the voluntary consent of the person concerned, as well as further guarantees covering the essential elements of a free labour relationship, such as the payment of normal wages and social security, etc.

The Committee notes the Government’s indication that the situation concerning the remunerated work of prisoners remains unchanged and that no new measures have been taken. The Committee therefore once again requests the Government to provide in its next report information on the manner in which the prisoner’s services are officially requested and in which the consent of the prisoner is given and may be withdrawn; the relationship between the remuneration paid to the prisoner and the normal wage for the same work, and any measure adopted to ensure that the respective level of such wages is comparable; any measure taken to include prisoners working for private employers in the various social security schemes covering free workers and in the scope of the labour legislation regulating, inter alia, occupational safety and health and other conditions of employment and the role of the labour inspection services.

2. Noting that the Government has not provided any of the information requested by the Committee in its general observation of 2000 concerning the measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, it requests the Government to provide this information with its next report.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reports and requests the following information.

1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee noted that by virtue of section 43 of Legislative Decree No. 25-88 of 26 March 1988 (general standards on the application of prison sentences), the General Directorate of Prison Services may authorize a prisoner, upon the proposal of the director of the establishment, to exercise a remunerated occupational activity outside prison. Section 44 of the same Legislative Decree provides that authorization for remunerated work of community interest may also be given by the General Director of Prison Services, at the request of the public, central or local administration. The Committee noted in this respect the Government’s indication that the provisions of section 44 above have not been applied in practice as the Directorate General of Prison Services has never signed an agreement to this effect. As regards the occupational activities carried out under section 43 of the above Legislative Decree, the Government indicated that prisoners undertake occupational activities outside the prison establishment at their own request and on the reasoned proposal of the prison director. Such services are generally carried out by prisoners in private enterprises and private properties, but do not involve any formal contract between the parties, even though they are performed under the responsibility of the employer and the prisoners are guaranteed the payment of a monthly wage, but not social security benefits.

The Committee recalls that under the terms of the Convention any work exacted from any person as a consequence of a conviction in a court of law has to be carried out under the supervision and control of a public authority and that the prisoner must not be hired to or placed at the disposal of private individuals, companies or associations. As the Committee emphasized in paragraphs 112 to 125 of its General Report to the 86th Session of the International Labour Conference (1998), only when performed in conditions approximating a free employment relationship can work by prisoners for private companies be held compatible with the explicit prohibition set forth in Article 2, paragraph 2(c), of the Convention; this necessarily requires the voluntary consent of the person concerned, as well as further guarantees covering the essential elements of a free labour relationship, such as the payment of normal wages and social security, etc.

The Committee notes the Government’s indication that the situation concerning the remunerated work of prisoners remains unchanged and that no new measures have been taken. The Committee therefore once again requests the Government to provide in its next report information on the manner in which the prisoner’s services are officially requested and in which the consent of the prisoner is given and may be withdrawn; the relationship between the remuneration paid to the prisoner and the normal wage for the same work, and any measure adopted to ensure that the respective level of such wages is comparable; any measure taken to include prisoners working for private employers in the various social security schemes covering free workers and in the scope of the labour legislation regulating, inter alia, occupational safety and health and other conditions of employment and the role of the labour inspection services.

2. Noting that the Government has not provided any of the information requested by the Committee in its general observation of 2000 concerning the measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, it requests the Government to provide this information with its next report.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's reply to its previous request.

Article 2, paragraph 2(c), of the Convention. The Committee previously noted that by virtue of section 43 of Legislative Decree No. 25-88 of 26 March 1988 (General standards on the application of prison sentences), the General Directorate of Prison Services may authorize a prisoner, upon the proposal of the director of the establishment, to exercise a remunerated occupational activity outside prison and that section 44 of the same Decree provides that authorization for remunerated works of community interest may also be given by the General Directorate of Prison Services, at the request of the public, central or local administration.

The Committee notes the Government's indication that the provisions of section 44(1) of Legislative Decree No. 25/88 have not been applied in practice since the Directorate General of Prison Services has never signed an agreement to this effect. As regards occupational activities carried out under section 43(2)(a) of the same Legislative Decree, the Government indicates that prisoners carry out occupational activities outside the establishment at their own request and on the well-founded proposal of the prison director; that such services are generally carried out by prisoners in private enterprises and private properties, but do not involve any formal link between the parties, although they are carried out under the responsibility of the employer; and that prisoners are guaranteed the payment of monthly wages, but not social security.

The Committee takes due note of these indications. It recalls that under the terms of the Convention, compulsory prison labour must be carried out under the supervision and control of a public authority and the prisoner must not be hired to or placed at the disposal of private individuals, companies or associations. As the Committee has pointed out in paragraphs 112 to 125 of its General Report to the 86th Session of the International Labour Conference (1998), only when performed in conditions approximating a free employment relationship can work by prisoners for private companies be held compatible with the explicit prohibition of the Convention; this necessarily requires the voluntary consent of the person concerned, as well as further guarantees covering the essential elements of a free labour relationship, such as the payment of normal wages and social security, etc.

The Committee therefore asks the Government to supply in its next report information on the measures taken to ensure the observance of the Convention in this regard, including the manner in which the request or consent of the prisoner is given and may be withdrawn; the level of remuneration, as compared to normal wages for the work performed, and any measures taken to ensure that the level withstands comparison; and any measures taken or envisaged to include prisoners working for private employers into the various social security schemes covering free workers, as well as into the scope of general labour legislation regulating, inter alia, occupational safety and health and other conditions of employment and the role of the labour inspection services.

In providing this information the Committee also requests the Government to include in its next report the information sought in the Committee's general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999).

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report.

1. Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. In its previous comments, the Committee referred to section 28 of Legislative Decree No. 57/85 of 3 June 1985 with respect to the conditions of service of officers and non-commissioned officers in the People's Revolutionary Armed Forces, which made it compulsory to serve for a period of at least ten years before being entitled to resign. The Committee notes with interest that Legislative Decree No. 57/85 has been repealed and section 165 of Legislative Decree No. 81/95 of 26 December 1995 regarding the conditions of service of military personnel stipulates that the minimum period of service before being entitled to resign is now five years, rather than ten. The Committee requests the Government to provide a copy of Legislative Decree No. 81/95 of 26 December 1995.

2. Article 2, paragraph 2(c). The Committee previously requested the Government to provide information on prison labour in relation to provisions of the Convention. It recalls once again that sections 43 and 44 of Legislative Decree No. 25/88 appear to leave open the possibility of employment of prisoners by private undertakings, which can only be compatible with the Convention under the conditions referred to in paragraphs 97 and 98 of the 1979 General Survey on the abolition of forced labour. The Committee also refers in this regard to paragraphs 116 to 125 of its 1997-98 General Report, and, while noting that the Government has taken cognizance of its earlier comments, it hopes that the Government will provide the information that will allow it to assess the manner in which the Convention is applied.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that, in reply to its previous comments, the Government indicates that the texts on which it has commented are in the process of being revised so as to bring the national legislation into conformity with the Convention.

The Committee hopes that in its next report the Government will be able to indicate the measures taken in connection with the matters raised in its previous direct request which read as follows:

1. The Committee noted previously that by virtue of section 28 of Legislative Decree No. 57/85 of 3 June 1985 respecting the conditions of service of officers and non-commissioned officers in the People's Revolutionary Armed Forces, officers and non-commissioned officers may be relieved of their functions at their request, provided that they have completed at least ten years of actual service.

The Committee requested the Government to supply information on the measures taken or envisaged to ensure that persons who have voluntarily entered into an engagement have the right to leave the service in peacetime within a reasonable period, either at specific intervals or with previous notice, subject to the conditions that may normally be required to ensure the continuity of the service.

2. The Committee noted that by virtue of section 43 of Legislative Decree No. 25-88 of 26 March 1988 (general standards on the application of prison sentences) supplied by the Government, the General Directorate of Prison Services may authorize a prisoner, at the request of the director of the establishment, to exercise a remunerated occupational activity outside the prison and that section 44 of the same Decree provides that authorization for remunerated work for public works of community interest may also be given by the General Directorate of Prison Services, at the request of the public, central or local administration.

The Committee recalled that Article 2, paragraph 2(c), of the Convention requires that prison labour be carried out under the supervision and control of a public authority and prohibits prisoners from being hired to or placed at the disposal of private companies, either inside or outside the prison. As the Committee explained in paragraphs 97 and 98 of its 1979 General Survey on the Abolition of Forced Labour, the employment of prisoners by private employers is compatible with the Convention only if the persons concerned voluntarily accept it and it is subject to guarantees as to the payment of wages and social security, etc.

The Committee requests the Government to indicate whether it is envisaged that prisoners be able to give their consent to work carried out for private enterprises. It also requests it to supply information on the employment relationship between prisoners and these enterprises, and particularly the type of contract, the wages paid and coverage by social security.

The Committee also requests the Government to indicate whether the work of public interest referred to in section 44 is carried out by private enterprises.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee noted previously that by virtue of section 28 of Legislative Decree No. 57/85 of 3 June 1985 respecting the conditions of service of officers and non-commissioned officers in the People's Revolutionary Armed Forces, officers and non-commissioned officers may be relieved of their functions at their request, provided that they have completed at least ten years of actual service.

The Committee notes that in its last report the Government states that there has been no change on this point. The Committee requests the Government to supply information on the measures which have been taken or are envisaged to ensure that persons who have voluntarily entered into an engagement have the right to leave the service in peacetime within a reasonable period, either at specific intervals or with previous notice, subject to the conditions that may normally be required to ensure the continuity of the service.

2. The Committee notes that by virtue of section 43 of Legislative Decree No. 25-88 of 26 March 1988 (general standards on the application of prison sentences) supplied by the Government, the General Directorate of Prison Services may authorize a prisoner, at the request of the director of the establishment, to exercise a remunerated occupational activity outside the prison and that section 44 of the same Decree provides that authorization for remunerated work for public works of community interest may also be given by the General Directorate of Prison Services, at the request of the public, central or local administration.

The Committee recalls that Article 2, paragraph 2(c) of the Convention requires that prison labour be carried out under the supervision and control of a public authority and prohibits prisoners from being hired to or placed at the disposal of private companies, either inside or outside the prison. As the Committee explained in paragraphs 97 and 98 of its 1979 General Survey on the Abolition of Forced Labour, the employment of prisoners by private employers is only compatible with the Convention provided that the persons concerned voluntarily accept it and subject to guarantees as to the payment of wages and social security, etc.

The Committee requests the Government to state whether it is envisaged that prisoners be able to give their consent to work carried out for private enterprises. It also requests it to supply information on the employment relationship between prisoners and these enterprises, and particularly the type of contract, the wages paid and coverage by social security.

The Committee also requests the Government to state whether the work of public interest referred to in section 44 is carried out by private enterprises.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous direct request, the Committee noted that by virtue of section 28 of Legislative Decree No. 57/85 of 3 June 1985 respecting the conditions of service of officers and non-commissioned officers in the People's Revolutionary Armed Forces, officers and non-commissioned officers may be relieved of their functions at their request, provided that they have completed at least ten years of actual service.

The Committee drew the Government's attention to paragraph 72 of its 1979 General Survey on the Abolition of Forced Labour, in which it states that persons who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specific intervals or with previous notice, subject to the conditions that may normally be required to ensure the continuity of the service.

The Committee noted with interest the Government's statement that its comment will be taken into account when the time comes. The Committee requests the Government to indicate in its future reports the changes that have been made in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous direct request, the Committee noted that by virtue of section 28 of Legislative Decree No. 57/85 of 3 June 1985 respecting the conditions of service of officers and non-commissioned officers in the People's Revolutionary Armed Forces, officers and non-commissioned officers may be relieved of their functions at their request, provided that they have completed at least ten years of actual service.

The Committee drew the Government's attention to paragraph 72 of its 1979 General Survey on the Abolition of Forced Labour, in which it states that persons who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specific intervals or with previous notice, subject to the conditions that may normally be required to ensure the continuity of the service.

The Committee notes with interest the Government's statement that its comment will be taken into account when the time comes. The Committee requests the Government to indicate in its future reports the changes that have been made in this respect.