Forced Labour Convention, 1930 (No. 29) - Sao Tome and Principe (Ratification: 2005)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the new provisions of the Penal Code criminalizing trafficking in persons for labour exploitation and prostitution (sections 160 and 172), as well as measures taken to combat trafficking in persons, including training for officials and technicians of the Criminal Investigation Police (PIC) and awareness-raising activities conducted for the general public. 

The Committee notes the Government’s indication in its report that the practice of trafficking in persons is non-existent in the country and therefore no such cases have been recorded. It also states that it will continue its efforts with public authorities and private entities to prevent such practices from occurring in the country. The Committee encourages the Government to continue taking measures to prevent trafficking in persons for labour and sexual exploitation, including by undertaking awareness raising activities, providing training and strengthening the capacities of the competent authorities in identifying and suppressing this crime. It requests the Government to continue providing information on the measures taken in this regard.

Article 2(2)(a). Work exacted under compulsory military service laws. In its previous comments, the Committee noted the Government’s indication that according to section 7 of Act No. 8/2010 concerning national defence and the armed forces, conscripts receive three months of military training in which they only perform military tasks. At the end of this training, they are considered as soldiers fit to defend the country. It observed that according to the provisions of Act No. 8/2010 compulsory military service is defined as each citizen’s contribution to the military defence of the country. The Act also provides that civic service, which consists of support activities for the general public in the national interest, may be established to replace or supplement military service.

The Committee notes the Government’s information that pursuant to Act No 8/2010, compulsory military service lasts for two years, including the initial three months of military training and thereafter conscripts stay in the premises of the military barracks for the remaining period. Concerning civic service, the Government indicates that soldiers may be obliged, like any other individual, to engage in civic services of an exclusively public nature, provided that this is not forced or compulsory labour. The Committee reminds the Government that compulsory military service is excluded from the scope of the Convention, provided that it is used only for work of a purely military character.  The Committee requests the Government to indicate the type of works/activities that conscripts are requested to undertake after the initial three months military training period and for the remaining period of their compulsory military service; to clarify to whom the obligation to perform civic services under Act No 8/2010 applies; and to provide information on the specific type of activities that have to be performed by those who are obliged to perform civic services. Please provide a copy of any text regulating civic service.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. In its previous comments, the Committee noted that labour is voluntary for persons serving a prison sentence and is organized by the Social Rehabilitation and Prison Administration Service (SERSAP), which must enable prisoners to engage in a paid occupational activity (Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures). The Committee also noted the Government’s indication that prisoners may work for public institutions and enterprises which provide support to the prison service (food, health equipment, etc.). The Committee requested the Government to indicate whether the SERSAP has concluded any agreements with private entities in order to provide work for prisoners inside or outside prisons.

The Committee notes the Government’s information that there are no such agreements in place, although there is a “statement of responsibility" signed by the SERSAP and entities seeking prisoners. The Government further indicates that section 444 of Law No. 5/2010 (the Penal Process Code), which concerns the replacement of fines with days of labour, broadly defines how this work should be carried out, conditions such as schedules and remuneration, as well as the type of institutions at which this work could be done. The Committee recalls that it considers that prisoners’ work for private entities is permissible under the Convention only if prisoners voluntarily enter into such an employment relationship without being subjected to pressure or the menace of any penalty, and perform work in conditions approximating a free employment relationship. This arrangement necessarily requires the formal, free and informed consent of the person concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages, social security and occupational safety and health (2012 General Survey on the fundamental Conventions, paragraphs 278, 279 and 291). The Committee therefore requests the Government to provide information on the manner in which sentenced prisoners express their formal, free and informed consent to carry out works for private entities assigned by the SERSAP. It also requests the Government to supply a copy of Law No.5 of 2010.

2. Sentence of community service. In its previous comments, the Committee requested the Government to indicate whether, as provided for in section 3 of Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures, the SERSAP keeps a register of entities which provide work for persons sentenced to community service. The Government indicates that for the moment there is no register listing such entities. The Committee requests the Government to indicate whether private entities have been authorized to take on persons who have been sentenced to community service and if so to confirm that, as provided under sections 1 and 3 of Act No. 3/2003, such entities carry out work for the public interest.

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

The Committee notes with concern 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

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee noted the new provisions of the Penal Code criminalizing trafficking in persons for labour exploitation and prostitution (sections 160 and 172) and asked the Government to provide information on any measures taken to prevent and suppress trafficking in persons. The Government indicates in its report that measures have been taken to give officials specialist training in combating the trafficking of persons. Technicians of the Criminal Investigation Police (PIC) received training in 2013 and 2015 in relation to the trafficking of persons and the police force is preparing an awareness-raising campaign. Other awareness-raising activities have been conducted in tandem for the general public, including some in cooperation with Interpol and the countries of the subregion. The Committee notes this information and requests the Government to continue taking steps to raise public awareness of trafficking in persons for both labour and sexual exploitation and also to provide training for the competent authorities in the identification and suppression of this crime. The Committee also requests the Government to provide information on any cases of trafficking that have been investigated, any judicial proceedings in progress and any convictions handed down.

Article 2(2)(a). Work exacted under compulsory military service laws. In its previous comments, the Committee asked the Government to indicate the types of work that conscripts may be required to perform in the course of their compulsory military service as prescribed by section 7 of Act No. 8/2010 concerning national defence and the armed forces. The Government indicates that conscripts receive three months of military training in which they only perform military tasks. At the end of this training, they are considered as soldiers fit to defend the country. The Committee notes this information. It observes that, according to the copy of Act No. 8/2010 sent by the Government with its report, compulsory military service is defined as each citizen’s contribution to the military defence of the country. The section concerned of the abovementioned Act also provides that civic service may be established to replace or supplement military service. This would consist of support activities for the general public in the national interest. The Committee requests the Government to specify the total duration of compulsory military service and to indicate whether the obligation to perform military service is limited to the three months of military training. It also requests the Government to indicate whether any kind of civic service has been established and, if so, to send a copy of any text regulating it, clarifying whether participation therein is compulsory and specifying the type of activities that have to be performed by persons to whom the obligation of service applies.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. In its previous comments, the Committee noted that labour is voluntary for persons serving a prison sentence and is organized by the Social Rehabilitation and Prison Administration Service (SERSAP), which must enable prisoners to engage in a paid occupational activity (Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures). The Committee notes the Government’s indication that prisoners may work for public institutions and enterprises which provide support to the prison service (food, health equipment, etc.). The Committee requests the Government to indicate whether the SERSAP has concluded agreements with private entities in order to provide work for prisoners inside or outside prisons.

2. Sentence of community service. Referring to its previous comments on sentences requiring the performance of community service, the Committee requests the Government once again to indicate whether, as provided for in section 3 of Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures, the SERSAP keeps a register of entities which provide work for persons sentenced to community service. If so, the Committee requests the Government to send a copy of the register or to clarify whether private entities have been authorized to take on persons who have been sentenced to community service.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee noted the new provisions of the Penal Code criminalizing trafficking in persons for labour exploitation and prostitution (sections 160 and 172) and asked the Government to provide information on any measures taken to prevent and suppress trafficking in persons. The Government indicates in its report that measures have been taken to give officials specialist training in combating the trafficking of persons. Technicians of the Criminal Investigation Police (PIC) received training in 2013 and 2015 in relation to the trafficking of persons and the police force is preparing an awareness-raising campaign. Other awareness-raising activities have been conducted in tandem for the general public, including some in cooperation with Interpol and the countries of the subregion. The Committee notes this information and requests the Government to continue taking steps to raise public awareness of trafficking in persons for both labour and sexual exploitation and also to provide training for the competent authorities in the identification and suppression of this crime. The Committee also requests the Government to provide information on any cases of trafficking that have been investigated, any judicial proceedings in progress and any convictions handed down.

Article 2(2)(a). Work exacted under compulsory military service laws. In its previous comments, the Committee asked the Government to indicate the types of work that conscripts may be required to perform in the course of their compulsory military service as prescribed by section 7 of Act No. 8/2010 concerning national defence and the armed forces. The Government indicates that conscripts receive three months of military training in which they only perform military tasks. At the end of this training, they are considered as soldiers fit to defend the country. The Committee notes this information. It observes that, according to the copy of Act No. 8/2010 sent by the Government with its report, compulsory military service is defined as each citizen’s contribution to the military defence of the country. The section concerned of the abovementioned Act also provides that civic service may be established to replace or supplement military service. This would consist of support activities for the general public in the national interest. The Committee requests the Government to specify the total duration of compulsory military service and to indicate whether the obligation to perform military service is limited to the three months of military training. It also requests the Government to indicate whether any kind of civic service has been established and, if so, to send a copy of any text regulating it, clarifying whether participation therein is compulsory and specifying the type of activities that have to be performed by persons to whom the obligation of service applies.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. In its previous comments, the Committee noted that labour is voluntary for persons serving a prison sentence and is organized by the Social Rehabilitation and Prison Administration Service (SERSAP), which must enable prisoners to engage in a paid occupational activity (Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures). The Committee notes the Government’s indication that prisoners may work for public institutions and enterprises which provide support to the prison service (food, health equipment, etc.). The Committee requests the Government to indicate whether the SERSAP has concluded agreements with private entities in order to provide work for prisoners inside or outside prisons.

2. Sentence of community service. Referring to its previous comments on sentences requiring the performance of community service, the Committee requests the Government once again to indicate whether, as provided for in section 3 of Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures, the SERSAP keeps a register of entities which provide work for persons sentenced to community service. If so, the Committee requests the Government to send a copy of the register or to clarify whether private entities have been authorized to take on persons who have been sentenced to community service.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee noted the new provisions of the Penal Code criminalizing trafficking in persons for labour exploitation and prostitution (sections 160 and 172) and asked the Government to provide information on any measures taken to prevent and suppress trafficking in persons. The Government indicates in its report that measures have been taken to give officials specialist training in combating the trafficking of persons. Technicians of the Criminal Investigation Police (PIC) received training in 2013 and 2015 in relation to the trafficking of persons and the police force is preparing an awareness-raising campaign. Other awareness-raising activities have been conducted in tandem for the general public, including some in cooperation with Interpol and the countries of the subregion. The Committee notes this information and requests the Government to continue taking steps to raise public awareness of trafficking in persons for both labour and sexual exploitation and also to provide training for the competent authorities in the identification and suppression of this crime. The Committee also requests the Government to provide information on any cases of trafficking that have been investigated, any judicial proceedings in progress and any convictions handed down.

Article 2(2)(a). Work exacted under compulsory military service laws. In its previous comments, the Committee asked the Government to indicate the types of work that conscripts may be required to perform in the course of their compulsory military service as prescribed by section 7 of Act No. 8/2010 concerning national defence and the armed forces. The Government indicates that conscripts receive three months of military training in which they only perform military tasks. At the end of this training, they are considered as soldiers fit to defend the country. The Committee notes this information. It observes that, according to the copy of Act No. 8/2010 sent by the Government with its report, compulsory military service is defined as each citizen’s contribution to the military defence of the country. The section concerned of the abovementioned Act also provides that civic service may be established to replace or supplement military service. This would consist of support activities for the general public in the national interest. The Committee requests the Government to specify the total duration of compulsory military service and to indicate whether the obligation to perform military service is limited to the three months of military training. It also requests the Government to indicate whether any kind of civic service has been established and, if so, to send a copy of any text regulating it, clarifying whether participation therein is compulsory and specifying the type of activities that have to be performed by persons to whom the obligation of service applies.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. In its previous comments, the Committee noted that labour is voluntary for persons serving a prison sentence and is organized by the Social Rehabilitation and Prison Administration Service (SERSAP), which must enable prisoners to engage in a paid occupational activity (Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures). The Committee notes the Government’s indication that prisoners may work for public institutions and enterprises which provide support to the prison service (food, health equipment, etc.). The Committee requests the Government to indicate whether the SERSAP has concluded agreements with private entities in order to provide work for prisoners inside or outside prisons.

2. Sentence of community service. Referring to its previous comments on sentences requiring the performance of community service, the Committee requests the Government once again to indicate whether, as provided for in section 3 of Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures, the SERSAP keeps a register of entities which provide work for persons sentenced to community service. If so, the Committee requests the Government to send a copy of the register or to clarify whether private entities have been authorized to take on persons who have been sentenced to community service.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee notes that sections 160 and 172 of the Penal Code define the elements constituting the crimes of trafficking in persons for labour exploitation and trafficking in persons for prostitution and that these crimes incur a prison sentence ranging from two to eight years (with longer sentences for aggravating circumstances). The Committee requests the Government to provide information on any measures taken to prevent the trafficking in persons and, in particular, measures to raise public awareness of the phenomenon. It also asks the Government to provide, if applicable, information on instances of trafficking that have been detected and the legal proceedings initiated.

Article 2(2)(a). Work exacted under compulsory military service laws. The Committee previously noted that article 64(2) of the Constitution provides that all citizens have a duty to perform military service, under the terms prescribed by law. It notes that, in its latest report, the Government confirms that military service is compulsory and refers to section 7 of Act No. 8/2010, a revision of Act No. 2/1994 on national defence and the armed forces. The Committee once again requests the Government to supply a copy of this Act and to indicate the types of work that conscripts may be required to perform in the course of their compulsory military service.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. The Committee notes that section 44 of the new Penal Code provides that the conditions under which prison sentences are executed shall be regulated by special legislation which determines the rights and duties of the prisoner. The Committee takes note in this connection of Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures. Section 7 of this Act recognizes the prisoners’ right to work and to social security. The social rehabilitation and prison administration service (SERSAP) is responsible for ensuring that all prisoners may engage in a remunerated occupational activity which contributes to bringing prison life closer to the conditions of life in freedom. SERSAP also has to ensure as far as possible that the work gives rise to the deduction of social security contributions. Lastly, work carried out either inside or outside of prison must always be fairly remunerated. The Committee takes due note of these provisions and requests the Government to supply information, in its future reports, on the way in which the prisoners who may be called on to work for private entities formally express their consent to work, as well as information on the level of their remuneration.

2. Sentence of community work. The Committee notes that section 56 of the Penal Code provides for a sentence requiring the performance of community work. According to this provision, persons so sentenced carry out work solely for the benefit of the State or other public legal entities and this penalty may be applied only if the convicted person so agrees. The Committee notes in this regard that, under the terms of section 1 of Act No. 5/2003 of 2 June 2003 which already regulated the performance of community work, work may also be carried out for the benefit of a private entity if the court considers that the latter’s activity pursues the interest of the community. SERSAP is required to keep an up-to-date register of interested public or private entities. Such entities must carry out work for the public interest (section 3). The Committee requests the Government to communicate a copy of the list of public and private entities authorized to receive persons sentenced to perform community work compiled and updated by SERSAP.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the adoption of the new Penal Code (Act No. 6/2012 of 27 April 2012). It observes with interest that the Code defines slavery offences (section 159), trafficking in persons for labour exploitation (section 160) or for prostitution (section 172), and coercion (section 154) as criminal offences punishable by penalties of imprisonment.

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee notes that sections 160 and 172 of the Penal Code define the elements constituting the crimes of trafficking in persons for labour exploitation and trafficking in persons for prostitution and that these crimes incur a prison sentence ranging from two to eight years (with longer sentences for aggravating circumstances). The Committee requests the Government to provide information on any measures taken to prevent the trafficking in persons and, in particular, measures to raise public awareness of the phenomenon. It also asks the Government to provide, if applicable, information on instances of trafficking that have been detected and the legal proceedings initiated.

Article 2(2)(a). Work exacted under compulsory military service laws. The Committee previously noted that article 64(2) of the Constitution provides that all citizens have a duty to perform military service, under the terms prescribed by law. It notes that, in its latest report, the Government confirms that military service is compulsory and refers to section 7 of Act No. 8/2010, a revision of Act No. 2/1994 on national defence and the armed forces. The Committee once again requests the Government to supply a copy of this Act and to indicate the types of work that conscripts may be required to perform in the course of their compulsory military service.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. The Committee notes that section 44 of the new Penal Code provides that the conditions under which prison sentences are executed shall be regulated by special legislation which determines the rights and duties of the prisoner. The Committee takes note in this connection of Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures. Section 7 of this Act recognizes the prisoners’ right to work and to social security. The social rehabilitation and prison administration service (SERSAP) is responsible for ensuring that all prisoners may engage in a remunerated occupational activity which contributes to bringing prison life closer to the conditions of life in freedom. SERSAP also has to ensure as far as possible that the work gives rise to the deduction of social security contributions. Lastly, work carried out either inside or outside of prison must always be fairly remunerated. The Committee takes due note of these provisions and requests the Government to supply information, in its future reports, on the way in which the prisoners who may be called on to work for private entities formally express their consent to work, as well as information on the level of their remuneration.

2. Sentence of community work. The Committee notes that section 56 of the Penal Code provides for a sentence requiring the performance of community work. According to this provision, persons so sentenced carry out work solely for the benefit of the State or other public legal entities and this penalty may be applied only if the convicted person so agrees. The Committee notes in this regard that, under the terms of section 1 of Act No. 5/2003 of 2 June 2003 which already regulated the performance of community work, work may also be carried out for the benefit of a private entity if the court considers that the latter’s activity pursues the interest of the community. SERSAP is required to keep an up-to-date register of interested public or private entities. Such entities must carry out work for the public interest (section 3). The Committee requests the Government to communicate a copy of the list of public and private entities authorized to receive persons sentenced to perform community work compiled and updated by SERSAP.

Article 2(2)(d). Work exacted in cases of emergency. The Committee notes the Government’s information that there is no specific legislation regulating states of emergency or siege.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret 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

Article 2(2)(a) of the Convention. Work exacted in virtue of compulsory military service laws. The Committee previously noted that article 64(2) of the Constitution provides that all citizens have the duty to perform their military service under the terms envisaged by the law. The Committee requests the Government to provide a copy of the Act regulating compulsory military service with its next report.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee would be grateful if the Government would provide information on the work which may be imposed on persons convicted to a sentence of imprisonment. Please indicate whether such work is compulsory and describe the various arrangements through which prison work may be organized, with an indication in particular of whether convicted persons may perform such work for the benefit of private entities.

Furthermore, it appears, according to the information available to the Committee, that several legislative texts were adopted in 2003 respecting criminal offences, including an Act respecting the implementation of sentences and imprisonment (Act No. 3/2003) and an Act respecting the performance of work for the benefit of the community (Act No. 5/2003). The Committee requests the Government to provide copies of these Acts. The Committee also has become aware of the fact that, in the context of the process of revising the Penal Code and the Code of Penal Procedure that has been under way since 2003, draft codes have been prepared. The Committee would be grateful if the Government would indicate whether this process has been completed and, if so, if it would provide copies of the new Penal Code and Code of Penal Procedure.

Article 2(2)(d). Work exacted in cases of emergency. The Committee requests the Government to indicate whether special legislation on the state of emergency and the state of siege has been adopted and, if so, to provide a copy.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret 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

Article 2(2)(a) of the Convention. Work exacted in virtue of compulsory military service laws. The Committee previously noted that article 64(2) of the Constitution provides that all citizens have the duty to perform their military service under the terms envisaged by the law. The Committee requests the Government to provide a copy of the Act regulating compulsory military service with its next report.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee would be grateful if the Government would provide information on the work which may be imposed on persons convicted to a sentence of imprisonment. Please indicate whether such work is compulsory and describe the various arrangements through which prison work may be organized, with an indication in particular of whether convicted persons may perform such work for the benefit of private entities.

Furthermore, it appears, according to the information available to the Committee, that several legislative texts were adopted in 2003 respecting criminal offences, including an Act respecting the implementation of sentences and imprisonment (Act No. 3/2003) and an Act respecting the performance of work for the benefit of the community (Act No. 5/2003). The Committee requests the Government to provide copies of these Acts. The Committee also has become aware of the fact that, in the context of the process of revising the Penal Code and the Code of Penal Procedure that has been under way since 2003, draft codes have been prepared. The Committee would be grateful if the Government would indicate whether this process has been completed and, if so, if it would provide copies of the new Penal Code and Code of Penal Procedure.

Article 2(2)(d). Work exacted in cases of emergency. The Committee requests the Government to indicate whether special legislation on the state of emergency and the state of siege has been adopted and, if so, to provide a copy.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret 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:

Article 2(2)(a) of the Convention. Work exacted in virtue of compulsory military service laws. The Committee notes that article 64(2) of the Constitution provides that all citizens have the duty to perform their military service under the terms envisaged by the law. The Committee requests the Government to provide a copy of the Act regulating compulsory military service with its next report.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee would be grateful if the Government would provide information on the work which may be imposed on persons convicted to a sentence of imprisonment. Please indicate whether such work is compulsory and describe the various arrangements through which prison work may be organized, with an indication in particular of whether convicted persons may perform such work for the benefit of private entities.

Furthermore, it appears, according to the information available to the Committee, that several legislative texts were adopted in 2003 respecting criminal offences, including an Act respecting the implementation of sentences and imprisonment (Act No. 3/2003) and an Act respecting the performance of work for the benefit of the community (Act No. 5/2003). The Committee requests the Government to provide copies of these Acts. The Committee also has become aware of the fact that, in the context of the process of revising the Penal Code and the Code of Penal Procedure that has been under way since 2003, draft codes have been prepared. The Committee would be grateful if the Government would indicate whether this process has been completed and, if so, if it would provide copies of the new Penal Code and Code of Penal Procedure.

Article 2(2)(d). Work exacted in cases of emergency. The Committee requests the Government to indicate whether special legislation on the state of emergency and the state of siege has been adopted and, if so, to provide a copy.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Article 2, paragraph 2, subparagraph (a), of the Convention. Work exacted in virtue of compulsory military service laws. The Committee notes that article 64(2) of the Constitution provides that all citizens have the duty to perform their military service under the terms envisaged by the law. The Committee requests the Government to provide a copy of the Act regulating compulsory military service with its next report.

Article 2, paragraph 2, subparagraph (c). Work exacted as a consequence of a conviction in a court of law. The Committee would be grateful if the Government would provide information on the work which may be imposed on persons convicted to a sentence of imprisonment. Please indicate whether such work is compulsory and describe the various arrangements through which prison work may be organized, with an indication in particular of whether convicted persons may perform such work for the benefit of private entities.

Furthermore, it appears, according to the information available to the Committee, that several legislative texts were adopted in 2003 respecting criminal offences, including an Act respecting the implementation of sentences and imprisonment (Act No. 3/2003) and an Act respecting the performance of work for the benefit of the community (Act No. 5/2003). The Committee requests the Government to provide copies of these Acts. The Committee also has become aware of the fact that, in the context of the process of revising the Penal Code and the Code of Penal Procedure that has been under way since 2003, draft codes have been prepared. The Committee would be grateful if the Government would indicate whether this process has been completed and, if so, if it would provide copies of the new Penal Code and Code of Penal Procedure.

Article 2, paragraph 2, subparagraph (d). Work exacted in cases of emergency. The Committee requests the Government to indicate whether special legislation on the state of emergency and the state of siege has been adopted and, if so, to provide a copy.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the first report provided by the Government and it would be grateful if the Government would provide additional information on the following points.

Article 2, paragraph 2(a), of the Convention. Work exacted in virtue of compulsory military service laws. The Committee notes that article 64(2) of the Constitution provides that all citizens have the duty to perform their military service under the terms envisaged by the law. The Committee requests the Government to provide a copy of the Act regulating compulsory military service with its next report.

Article 2, paragraph 2(c). Work exacted as a consequence of a conviction in a court of law. The Committee would be grateful if the Government would provide information on the work which may be imposed on persons convicted to a sentence of imprisonment. Please indicate whether such work is compulsory and describe the various arrangements through which prison work may be organized, with an indication in particular of whether convicted persons may perform such work for the benefit of private entities.

Furthermore, it appears, according to the information available to the Committee, that several legislative texts were adopted in 2003 respecting criminal offences, including an Act respecting the implementation of sentences and imprisonment (Act No. 3/2003) and an Act respecting the performance of work for the benefit of the community (Act No. 5/2003). The Committee requests the Government to provide copies of these Acts. The Committee also has become aware of the fact that, in the context of the process of revising the Penal Code and the Code of Penal Procedure that has been under way since 2003, draft codes have been prepared. The Committee would be grateful if the Government would indicate whether this process has been completed and, if so, if it would provide copies of the new Penal Code and Code of Penal Procedure.

Article 2, paragraph (d). Work exacted in cases of emergency. The Committee requests the Government to indicate whether special legislation on the state of emergency and the state of siege has been adopted and, if so, to provide a copy.