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

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 2(2)(b) of the Convention. Civic obligations. The Committee previously noted 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 obligations of citizens. The Committee noted, however, that the Act does not provide further clarification with regard to the kind of work or services which might be exacted as normal civic obligations. In order to ascertain that normal civic obligations do not include work undertaken for public purposes, such as public works of general importance or compulsory national development service, the Committee once again requests the Government to indicate the nature of work or services which constitute normal civic obligations of citizens, providing copies of the relevant legislative texts.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that the exaction of forced labour is punishable as an offence under the Employment Act (1983). It noted, however, that the 1983 Act should be repealed by the Employment Relations Bill (2006, pending adoption), which does not appear to contain penalties for the imposition of forced labour. In this regard, the Committee notes the Government’s indication in its report on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), that the Tripartite Labour Advisory Council is in the process of adopting the Employment Relations Bill (2012), which addresses the Committee’s concerns. According to the Government, section 7 of the Bill prohibits forced labour, which is defined in section 4. Pursuant to section 236 of the Bill, the exaction of forced labour is punishable with a fine, or a sanction of imprisonment not exceeding five years, or both. The Committee therefore encourages the Government to pursue its efforts towards the adoption of the new Employment Relations Bill with a view to ensuring that forced labour is punishable with adequate penal sanctions, in accordance with Article 25 of the Convention. It requests the Government to provide, with its next report, information on the progress made in this regard.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(2)(b) of the Convention. Civic obligations. The Committee previously noted 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 obligations of citizens. The Committee noted, however, that the Act does not provide further clarification with regard to the kind of work or services which might be exacted as normal civic obligations. In order to ascertain that normal civic obligations do not include work undertaken for public purposes, such as public works of general importance or compulsory national development service, the Committee once again requests the Government to indicate the nature of work or services which constitute normal civic obligations of citizens, providing copies of the relevant legislative texts.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that the exaction of forced labour is punishable as an offence under the Employment Act (1983). It noted, however, that the 1983 Act should be repealed by the Employment Relations Bill (2006, pending adoption), which does not appear to contain penalties for the imposition of forced labour. In this regard, the Committee notes the Government’s indication in its report on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), that the Tripartite Labour Advisory Council is in the process of adopting the Employment Relations Bill (2012), which addresses the Committee’s concerns. According to the Government, section 7 of the Bill prohibits forced labour, which is defined in section 4. Pursuant to section 236 of the Bill, the exaction of forced labour is punishable with a fine, or a sanction of imprisonment not exceeding five years, or both. The Committee therefore encourages the Government to pursue its efforts towards the adoption of the new Employment Relations Bill with a view to ensuring that forced labour is punishable with adequate penal sanctions, in accordance with Article 25 of the Convention. It requests the Government to provide, with its next report, information on the progress made in this regard.

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With respect to its previous request regarding trafficking in persons, the Committee notes the Government’s indication that no cases of trafficking or slavery have been brought to the attention of competent authorities thus far, and therefore no legal proceedings have been initiated under section 102 of the Penal Code. The Committee also notes the information provided by the Government with regard to the absence of a military force in the country. With reference to the sanction of community work, the Committee notes the Government’s indication that such work is performed solely for the benefit of the community and not for private institutions.

Article 2(2)(b) of the Convention. Civic obligations. The Committee previously noted 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 obligations of citizens. The Committee noted, however, that the Act does not provide further clarification with regard to the kind of work or services which might be exacted as normal civic obligations. In order to ascertain that normal civic obligations do not include work undertaken for public purposes, such as public works of general importance or compulsory national development service, the Committee once again requests the Government to indicate the nature of work or services which constitute normal civic obligations of citizens, providing copies of the relevant legislative texts.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that the exaction of forced labour is punishable as an offence under the Employment Act (1983). It noted, however, that the 1983 Act should be repealed by the Employment Relations Bill (2006, pending adoption), which does not appear to contain penalties for the imposition of forced labour. In this regard, the Committee notes the Government’s indication in its report on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), that the Tripartite Labour Advisory Council is in the process of adopting the Employment Relations Bill (2012), which addresses the Committee’s concerns. According to the Government, section 7 of the Bill prohibits forced labour, which is defined in section 4. Pursuant to section 236 of the Bill, the exaction of forced labour is punishable with a fine, or a sanction of imprisonment not exceeding five years, or both. The Committee therefore encourages the Government to pursue its efforts towards the adoption of the new Employment Relations Bill with a view to ensuring that forced labour is punishable with adequate penal sanctions, in accordance with Article 25 of the Convention. It requests the Government to provide, with its next report, information on the progress made in this regard.

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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.

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The Committee notes the information provided by the Government in its first report.

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.

Articles 1(1) and 2(1). 1. Freedom of civil servants to leave their service. The Committee notes the absence of information regarding freedom of civil servants to leave their service. The Committee therefore requests the Government to supply, with its next report, copies of laws and regulations governing civil servants, so that it may examine the conditions under which they could leave their service.

2. 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 draws the Government’s attention to 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 hopes that before the adoption of the Employment Relations Bill, the Government will take the necessary measures to include a provision on penalties to be imposed for the exaction of forced labour, in order to give effect to Article 25 of the Convention.