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

Forced Labour Convention, 1930 (No. 29) - Somalia (Ratification: 1960)

1. Article 2, paragraph 2(c), of the Convention. Referring to its previous comments concerning article 25 of the Prisons Law (No. 7 of 1971), which provides that convicted criminal prisoners shall be required to work in any employment assigned to them by the Commanding Officer, the Committee notes that the draft amendment providing that convicted criminal and political prisoners shall not be placed at the disposal of private individuals, companies or associations, has been submitted to the National Committee for the arrangement of Draft Laws and that this Committee will soon send the draft amendment back to the Council of Ministers for approval and submission to the People's Assembly. The Committee looks forward to the adoption of the amendment and the Government's sending of a copy in the near future.

2. Right to resign from work. The Committee notes that under section 51 of Part IX of the Civil Service Law, No. 5 of 2 February 1980, a civil servant can request resignation by submitting it to his chief, who can reject the resignation on the basis of general interest and if the service of the civil servant is vital for ongoing operations. A civil servant who leaves his post after his resignation has been rejected is liable to imprisonment for a year, a fine, and denial of his right to exercise his profession for a period of five years. The Committee refers to the explanations provided in paragraphs 67-73 of its 1979 General Survey on the Abolition of Forced Labour where it indicated that the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into services by compulsion of law and is thus incompatible with the Conventions relating to forced labour. The Committee asks the Government to indicate what steps have been taken to permit civil servants to resign from their employment upon giving reasonable notice of their intent to do so. The Committee also asks that the Government provide statistical data showing the number of persons who have had their requests to resign rejected.

The Committee notes the Government's indication that for technical reasons the Government is unable to supply at present copies of statutory instruments governing termination of service in the armed forces in peacetime. It hopes that the Government will send with its next report a copy of the statutory instruments.