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Forced Labour Convention, 1930 (No. 29) - El Salvador (RATIFICATION: 1995)

The Committee notes the Government’s report and the adoption of the Penal Code, Legislative Decree No. 1030 of 26 April 1997 and the Prisons Act, Decree No. 1027 of 24 April 1997.

1.  The Committee notes with interest that sections 367 and 370 of the Penal Code envisage prison sentences of up to 15 years for persons who engage individually or as members of an organization in the trafficking of persons for any purpose.

2.  The Committee notes that section 110 of the Prisons Act, under which "detainees who perform work for private entities shall at all times be under the supervision of the personnel of the centre, and private entities which engage them shall pay no less than the minimum wage required for such work". The Committee also notes sections 107(2) and 108 of the same Act, which provide that convicted persons shall be obliged to work in accordance with their physical aptitudes except when they are incapacitated by illness, pregnancy, for mental reasons or in cases of force majeure, or are over 60 years of age or physically disabled.

The Government states in its report that no sanctions are imposed on detainees who do not perform work, and that it cannot therefore, in its opinion, be considered that prison labour is compulsory.

In this respect, the Committee wishes to recall that work performed by detainees for private enterprises may be held to be compatible with the Convention where the work is voluntary and performed in an employment relationship which can be approximated to a free employment relationship, that is where the persons concerned have given their voluntary consent, provided that there are appropriate guarantees, including payment of normal wages and social security, etc. The Committee notes that, with reference to the payment of wages, the Prisons Act establishes that private entities which engage convicted persons shall pay no less than the minimum wage, but it notes that there is no provision in the above Act with respect to the voluntary consent that prisoners must be able to give in order to work for private entities.

The Committee requests the Government to provide information on the measures which have been taken or are envisaged to ensure that convicted persons are able to give their consent to the employment relationship with private entities.

3.  The Committee notes the information provided by the Government concerning the conditions under which career members of the armed forces may leave their employment.