Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - United States of America (Ratification: 1991)

Article 1(d) of the Convention. Sanctions involving compulsory labour for participation in strikes. In its previous comments, the Committee noted that, pursuant to article 12, section 95-98.1, of the North Carolina General Statutes, strikes by public employees are declared illegal and against the public policy of the State. Persons who violate article 12 may be subject to “community punishment” and, upon a second conviction to imprisonment (section 95–99 of the North Carolina General Statutes; section 15A-1340.11 and section 15A-1340.23 of chapter 15A (Criminal Procedure Act)). The Committee also noted that the imposition of community punishment may include assignment to the State’s Community Service Work Programme, and that all able-bodied prison inmates shall be required to perform diligently all work assignments provided for them (article 3, section 148-26, of chapter 148 (State Prison System)). The Committee further noted that the observations of the American Federation of Labor and Congress of Industrial Organizations (AFL–CIO) according to which, as sections 95–98.1 and 95–99 might have a chilling effect on public sector workers who might otherwise decide to engage in strikes, these provisions should be repealed or amended.

The Committee once again notes the Government’s indication in its report that State court records continue to be devoid of any instance in which an individual has been convicted of engaging in an unlawful public-sector strike. In the unlikely event that an individual were to be so convicted, North Carolina law would not require the judge to order the public sector employee to perform work in violation of the Convention. The judge would have discretion to impose only a fine.

Observing that it has been raising this issue for more than a decade, the Committee must once again recall that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour as a punishment for having participated in strikes. Referring to the explanations contained in paragraph 315 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that, regardless of the legality of the strike action, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that in both legislation and practice, no sanctions involving compulsory labour should be imposed for the mere fact of organizing or peacefully participating in strikes. The Committee therefore once again requests the Government to take the necessary measures to bring the North Carolina General Statutes into conformity with both the Convention and the indicated practice, by ensuring the repeal or amendment of sections 95–98.1 and 95–99, so as to ensure that penalties of compulsory labour (through the Community Service Work Programme or during imprisonment) cannot be imposed for participation in a strike.

The Committee is raising other matters in a request addressed directly to the Government.