Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 29) sur le travail forcé, 1930 - Sénégal (Ratification: 1960)

1. Articles 1(1) and 2(1) of the Convention. Freedom of state employees to terminate their employment. In its previous comments, the Committee drew the Government’s attention to the fact that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law and is thus incompatible with the Convention. All persons in the service of the State must therefore be able to leave the service at their own initiative within a reasonable period, either at specific intervals or with previous notice. The Committee notes the information provided by the Government in this respect on the application of sections 88–90 of Act No. 61-33 of 15 June 1961 issuing the general conditions of service of public servants. It notes, in particular, that the Government confirms that the resignation request of a public servant is always accepted in practice. The Government states that the longest procedure provided for under section 90 of the general conditions of service of public servants is not applied, as the decree which was to establish the arrangements for its application has never been adopted.

With regard to public servants for whom the State has borne the expense of their training, the Committee pointed out that they should be able to leave the service at their own initiative within a reasonable period, in proportion to the length of the studies financed by the State, or based on the proportional reimbursement of the cost incurred by the State. It noted that, under sections 12(11) and 16 of Decree No. 77-429, as amended up to 31 December 1987, establishing the organization of the National School of Administration and Magistrates, candidates other than professional candidates undertake to serve the State for 15 years following the completion of their studies, the duration of which is two years. The Committee also noted that, under sections 11 and 13 of Decree No. 84-501 of 2 May 1984 on the organization and operating rules of the military health school, trainees accepted by the school undertake to serve the State for a period equal to that of their studies, supplemented by ten years. The Committee asked the Government to provide concrete information on the manner in which, in practice, public servants who have benefited from such training are able to resign during the period of service to the State following the completion of their studies, on the financial reimbursement required, and, where appropriate, on the nature of the penalties imposed.

In its report, the Government states that the public servants for whom the State has borne the expense of their training may resign at any time. However, if the resignation occurs before the end of the period of service to the State, the public servant concerned must proportionally reimburse the expenses paid for his training. The financial reimbursement is calculated on a case-by-case basis. The user ministry initiates the procedure in collaboration with the Ministry of Finance, which is the only entity authorized to determine the amount paid by the State for the training and, if necessary, the rate of proportional reimbursement for the period already served by the public servant concerned. The Committee notes this information and asks the Government to continue providing, in its future reports, statistical information on cases in which public servants have resigned before the end of their period of service to the State and on those which have led to the payment of a financial reimbursement, indicating the manner in which this reimbursement was calculated.

2. Article 2(2)(c). Prison labour. Prisoners hired out to private enterprises and individuals. In its previous comments, the Committee asked the Government whether, in practice and in accordance with the provisions of section 38 of Decree No. 2001-362 of 4 May 2001 on procedures for the implementation and organization of penal sanctions, work by prisoners is carried out for the benefit of private operators (private individuals or companies), either within or outside prison establishments. In its report, the Government states that there have been no cases of prisoners having to carry out work for the benefit of private operators. The Committee notes this statement. It asks the Government to indicate in its future reports any cases in which labour carried out within a prison has been hired out to individuals and any cases in which prisoners have been hired out to individuals to carry out work outside a prison establishment. If so, please indicate the nature of the private operators and the work carried out, the scales setting the amount which has to be paid by such private operators and the manner in which prisoners are paid for the work performed.

Work for the benefit of society. In its previous comments, the Committee noted that the amendments made in 2000 to the Penal Code and the Code of Penal Procedure had introduced an alternative sentence to imprisonment: work for the benefit of society (unpaid work performed, with his consent, by a convicted person who has completed two-thirds of his sentence, for the benefit of public law associations or associations authorized to undertake works for the benefit of society – sections 44-3 et seq. of the Penal Code). While noting that the judge for the application of penalties rules on applications for the authorization of associations, determines the means of carrying out the work, ensures that the work is performed and, where necessary, visits the convicted person at his workplace, the Committee asked the Government to provide information on the criteria used to grant authorization to associations and on the types of work undertaken by prisoners for these associations. In reply, the Government states that this sentence has not yet been handed down by the courts, since the follow-up committees responsible for the enforcement of this type of penalty are not operational. It also emphasizes that it is for the judge for the application of penalties alone to assess the possibility of granting authorization to an association. In practice, however, no application for authorization has been submitted since the associations have not been informed of the possibility available to them under the legislation. The Committee notes this information and asks the Government to indicate in its future reports whether the courts have handed down any sentences of work for the benefit of society and, if so, to provide information on the criteria used by the judge to grant authorization to associations and the type of work undertaken by prisoners for these associations.

3. Articles 1(1) and Article 2(1). Trafficking in persons for the purposes of exploitation. In its previous comments, the Committee asked the Government to provide information on the application in practice of Act No. 2/2005 to combat the trafficking of persons and similar practices and to protect victims of trafficking, adopted on 29 April 2005, together with information on any other measures taken to prevent, suppress and punish the trafficking of persons and details of the difficulties encountered by the public authorities in that respect. The Committee notes that the Government states that, since this Act has been adopted only recently, information on its application will be provided once it has been implemented in practice. The Committee notes that a regional seminar on assistance for victims of human trafficking in western and central Africa was held in Dakar in May 2007, in which representatives from 12 countries in the region participated. The purpose of this meeting of experts was to strengthen contact and the exchange of experiences between the key players in the fight against trafficking in persons. The Committee also notes that the compendium of the research projects carried out by the International Organization for Migration (2005–07) refers to a study, scheduled for 2006, which aims to develop the reference information providing precise data on the trafficking of women, in order to assess the extent, nature and complexity of the trafficking phenomenon in Senegal. The Committee asks the Government to indicate whether this study has been completed and if any similar studies exist and to specify the conclusions thereof. It would also like the Government to provide information on the measures taken or envisaged to combat trafficking, in terms of both prevention (awareness-raising activities aimed at the population as a whole and at persons who are considered most vulnerable) and repression (awareness raising and training in respect of persons involved in combating trafficking, in particular police and magistrates). In this connection, please provide copies of any court decisions taken under Act No. 2/2005 to combat the trafficking of persons and similar practices and to protect victims of trafficking.