CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Vanuatu (RATIFICATION: 2006)

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:

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that section 102 of the Penal Code prohibits slavery and human trafficking and prescribes sentences of 20 years of imprisonment. The Committee requests the Government to provide, in its next report, information on the application of this provision in practice, including information on the legal proceedings which have been instituted against perpetrators and indicating the penalties imposed.

Freedom of career members of the armed forces to leave their service. The Committee requests the Government to indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in times of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(b). Civic obligations. The Committee notes that section 7(2)(b) of the Employment Act (1983) excludes from the definition of forced labour any work or service which forms part of the national civic, traditional or religious obligations. However, the Committee notes the absence of information regarding the services which might be exacted as normal civic legal obligations of citizens which are not considered to be forced or compulsory labour. The Committee therefore requests the Government to indicate the nature of the civic obligations, providing copies of the relevant legislative texts.

Article 2(2)(c). Community work. The Committee notes that sections 58N–58Z of the Penal Code establish the penalty of community work. The sentence may be for the number of hours, being not less than 40 or more than 400, that the court thinks fit. The Committee notes however that the abovementioned provisions do not require the consent of the offender and that it is at the discretion of the court to impose a sentence of community work.

In this regard, the Committee recalls that community work is performed for the State or its various divisions. If the work performed is for the benefit of a body other than a public institution, the person sentenced should formally consent to doing the community work, and the circumstances in which the work is performed should be adequately structured and monitored to ensure that the work done really is in the general interest, and that the entity for which the work is performed is non-profit-making. The Committee would be grateful if the Government would indicate whether the courts have already applied the penalty of community work and, if so, to provide information on the types of work which may be imposed in the context of this penalty and the list of associations authorized to receive persons sentenced to this penalty. The Committee also requests the Government to provide copies of the relevant court decisions in this regard.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee notes that under the Employment Act (1983) the exaction of forced labour is punishable as an offence. It notices however that this Act will be repealed by the Employment Relations Bill (2006 which is still not adopted) and that the latter does not appear to contain penalties for the imposition of forced labour. The Committee recalls that Article 25 of the Convention, according to which the exaction of forced labour shall be punishable as a penal offence, and the penalties imposed by laws shall be really adequate and strictly enforced. The Committee accordingly requests the Government to ensure that the national legislation contains provisions permitting the application of penal sanctions to persons who exact forced labour, either within the framework of the adoption of the Employment Relations Bill or in penal legislation.