Forced Labour Convention, 1930 (No. 29) - Angola (Ratification: 1976)

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 requested the Government to provide information on the measures taken to prevent and combat trafficking in persons for sexual and labour exploitation, as well as on the effective application of the provisions criminalizing trafficking in persons (sections 19 and 20 of Act No. 3/14 of 10 February 2014 on crimes related to money laundering).

The Committee notes with interest that, in its report, the Government refers to: (i) the establishment of the multisectoral committee against trafficking in persons, responsible for the protection, assistance, recovery, rehabilitation and reintegration of victims of trafficking; (ii) the adoption in February 2020 of the national action plan to combat trafficking in persons; and (iii) the introduction in the new Criminal Code of provisions specifically criminalizing trafficking for the purpose of labour exploitation or any other form of exploitation (section 178) and trafficking for the purpose of prostitution abroad (section 190). The Committee notes that the national action plan is based on four strategic pillars: prevention, victim protection and assistance, investigation and prosecution of perpetrators, and partnerships. The Government indicates that the plan will be implemented over a five-year period through actions at the national, provincial and local levels in cooperation with civil society. With respect to victim protection, the Government indicates that the national referral mechanism for victim assistance and the standardized assistance protocol for action by the various actors confronted with a potential victim of trafficking are being finalized. Lastly, the Government states that the multisectoral committee manages a database of 115 trafficking cases since 2014, 27 of which have resulted in a conviction (labour exploitation).

The Committee encourages the Government to continue to take the necessary measures to implement the four pillars of the national action plan to combat trafficking in persons. The Committee requests it to provide detailed information on the measures taken in this regard at the national and regional levels by the multisectoral committee against trafficking in persons and other responsible bodies, including with regard to prevention and assistance for victims. It also requests the Government to indicate whether a national referral mechanism for victim assistance has been adopted and to specify the number of victims who have benefited from it. Lastly, the Committee requests the Government to provide information on investigations led, judicial proceedings initiated and sanctions imposed in cases of trafficking in persons.

Article 2(2)(c). Civic service. The Committee previously noted that under section 10 of the General Military Service Act (Act No. 1/93 of 26 March 1993) and section 7 of the Act on national defence and the armed forces (Act No. 2/93 of 26 March 1993), conscientious objectors may perform their compulsory military service in the form of civic service, which must be subject to regulations. It requested the Government to specify whether general civic service had been instituted.

The Government indicates that the implementing regulations for the Acts on military service and national defence have not yet been adopted and that, as part of the process of restructuring and resizing the Ministry of national defence, ex-combatants and the Angolan armed forces, the regulations pertaining to this legislation are in an advanced stage of revision. The Committee notes this information and requests this Government to provide a copy of the texts, once adopted, governing the functioning of the civic service.

Article 2(2)(d). Powers of requisition. In its previous comments, while noting the Government’s indication that these texts had been tacitly repealed, the Committee requested the Government to formally abrogate Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1983, which set out powers to requisition workers that go beyond those authorized under Article 2(2)(d) of the Convention. These texts empower, respectively, an emergency industrial committee to requisition technicians from public or private enterprises for the period deemed necessary to resolve problems, and to call up, in the form of requisitioning, workers whose occupation corresponds to the training needs of special youth brigades, through their assignment to such brigades for a period of 90 days. In its report, the Government reiterates that although the texts cited by the Committee have not been expressly abrogated, they date back to a past political regime and were tacitly repealed with the entry into force of the Constitution in 1991 and the general labour laws of 2000 and 2017 which define forced labour.

The Committee takes due note of this information. It also notes the adoption on 17 August 2020 of Act No. 33/20 on civil requisitioning. Under section 1(2), civil requisition is a mechanism used exceptionally, which allows the State to resort to a set of determined and necessary measures to ensure, in particularly serious circumstances, the regular functioning of services or the availability of goods essential to the public interest or to vital sectors of the national economy. Requisition can concern all persons over the age of 18. Refusal to perform the duties requested constitutes a crime of disobedience and is subject to the corresponding disciplinary procedure. When the refusal comes from a worker or civil servant on strike, the crime of disobedience is subject to criminal proceedings. The Committee notes that section 13 of the Act lists the areas in which services and enterprises may be requisitioned. In this regard, the Committee refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it notes that this list is broad and encompasses activities which are not solely essential services in the strict sense of the term.

The Committee recalls that under Article 2(2)(d) of the Convention, powers of requisition, and consequently exaction of labour, must be limited to any circumstance that would endanger the existence or the well-being of the whole or part of the population. It requests the Government to indicate existing measures to ensure that the powers of requisition of persons, conferred under Act No. 33/20 on civil requisitioning, remain within the limits of the exception to forced labour provided for in Article 2(2)(d), namely circumstances endangering the existence or the well-being of the whole or part of the population. The Committee requests the Government to provide examples of the use of the Act on civil requisitioning in practice.

Article 25. Application of effective criminal penalties. The Committee drew the Government’s attention to the inadequate and non-deterrent nature of the penalties provided for in labour legislation for the exaction of forced labour (section 8 of Presidential Decree No. 154/16 which establishes fines for contravening the provisions of the General Labour Act). It requested the Government to indicate the criminal provisions which could be used to penalize the exaction of forced labour. The Government indicates that the new Criminal Code (Act No. 38/20 of 11 November 2020), in addition to criminalizing trafficking in persons (see above), criminalizes slavery (section 177), forced prostitution (section 189), and coercion and aggravated coercion, defined as forcing a person to perform an action or omission or activity using violence or threats (sections 171 and 172). The Committee takes due note of all the measures available to the investigative, prosecution and judicial authorities to identify the different practices that fall under forced labour. It requests the Government to provide information on the cases that have been investigated, the judicial proceedings initiated, the court decisions issued and the criminal sanctions imposed on the grounds of the above provisions of the Criminal Code. It also requests the Government to indicate whether awareness-raising and training activities have been organized for the law enforcement authorities, following the adoption of the new Criminal Code.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures taken to ensure the effective application of Act No. 3/14 of 10 February 2014 on crimes related to money laundering, which criminalizes slavery, forced prostitution and trafficking in persons for sexual and labour exploitation (sections 18, 19 and 21) and of Presidential Decree No. 235/14 of 26 November 2014 establishing a Multisectoral Commission to combat Human Trafficking responsible for the protection, assistance, recuperation, rehabilitation and integration of victims of trafficking. Noting the absence of information in the Government’s report on this subject, the Committee trusts that the Government will indicate the measures taken to prevent and combat trafficking in persons for sexual and labour exploitation and to protect victims. Please indicate whether these measures form part of a national strategy to coordinate the action of the relevant bodies and specify the activities undertaken by the Multisectoral Commission to combat Human Trafficking. Lastly, the Committee also requests the Government to provide information on the investigations carried out, prosecutions and the penalties imposed in cases of trafficking in persons.

Article 2(2)(c). Civic service. The Committee notes that the General Labour Act (Act No. 7/15 of 15 June 2015) prohibits forced or compulsory labour and includes among the exceptions to forced labour, work or services carried out exclusively by virtue of military laws or civic service of general interest performed voluntarily. Moreover, under the terms of section 10 of the General Military Service Act (Act No. 1/93 of 26 March 1993) and section 7 of the Act on national defence and the armed forces (Act No. 2/93 of 26 March 1993), conscientious objectors may perform their compulsory military service in the form of civic service, although the implementing regulations are still to be adopted. The Committee requests the Government to indicate whether general civic service has been instituted and, if so, to provide a copy of the legislation adopted in this regard as a basis for assessing whether such a service remains within the limits of the exception to forced labour for military service provided for in Article 2(2)(c) of the Convention.

Article 2(2)(d). Powers of requisition. For many years, the Committee has been requesting the Government to take the necessary measures to repeal Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1983, which set out powers to requisition workers that go beyond those authorized under Article 2(2)(d) of the Convention. Under the terms of these Orders, an emergency industrial committee is empowered to requisition technicians from public or private enterprises for the period deemed necessary to resolve problems, and to call up, in the form of requisitioning, workers whose occupation corresponds to the training needs of special youth brigades, through their assignment to such brigades for a period of 90 days. While noting the Government’s previous indication that these texts had fallen into abeyance and been tacitly repealed, the Committee considers that a formal abrogation of these texts is necessary to avoid any juridical ambiguity and to ensure that positive law reflects practice. The Committee therefore once again requests the Government to provide information on the measures taken for this purpose.

Article 25. Application of effective criminal penalties. The Committee notes Presidential Decree No. 154/16 which establishes fines for contravening the provisions of the General Labour Act. The Committee observes that section 8 of this Decree provides that the practice of forced or compulsory labour constitutes an offence punishable by a fine equivalent to five to ten times the average monthly wage at the firm. The Committee recalls in this respect that, in accordance with Article 25 of the Convention, the penalties imposed on those found guilty of having exacted forced labour must be punished for committing a penal offence with penalties that are really adequate and strictly enforced. As the penalties provided for in section 8 of the General Labour Act do not fully meet these requirements, the Committee requests the Government to indicate the penal provisions which could be used to penalize the exaction of forced labour. In this regard, the Committee hopes that the Government will take into account the provisions of Article 25 of the Convention when revising the Penal Code.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures taken to combat trafficking in persons and to adopt provisions in the national legislation criminalizing and penalizing trafficking in persons for sexual and labour exploitation.

The Committee once again notes that the Government has not provided any information on this subject. However, it notes that Act No. 3/14 on crimes related to money laundering, adopted in February 2014, contains provisions relating to trafficking in persons. Section 19 of the Act criminalizes trafficking in persons for sexual and labour exploitation and establishes prison sentences of from eight to 12 years. The Act also contains provisions criminalizing slavery and forced prostitution (sections 18 and 21). The Committee further notes that Presidential Decree No. 235/14 of 26 November 2014 established a Multisectoral Commission against Human Trafficking intended to ensure the protection, assistance, recuperation, rehabilitation and integration of victims of trafficking. Recalling the information noted previously to the effect that Angola is a country of departure, transit and destination for trafficking in persons for sexual exploitation and forced labour, the Committee trusts that the Government will not fail to provide information on the measures taken to ensure the effective application of the new legislative provisions criminalizing trafficking in persons. The Committee recalls the importance of adopting a strategy to combat trafficking in persons which makes it possible to coordinate the action taken by the competent agencies and requests the Government to indicate the activities undertaken by the Multisectoral Commission against Human Trafficking in the fields of prevention and victim protection. Please also provide information on the prosecutions initiated, convictions handed down and penalties imposed on persons convicted of trafficking in persons.

Article 2(2)(c). Civic service. The Committee notes the adoption of the new General Labour Act (Act No. 7/15 of 15 June 2015) which, in section 5, prohibits forced or compulsory labour. As in the case of the General Labour Act of 2000, work or services carried out by virtue of military laws or civic service of general interest performed voluntarily are not considered to constitute forced labour. The Committee noted previously on this subject that, under section 10 of the General Military Service Act (Act No. 1/93 of 26 March 1993) and section 7 of the Act on national defence and the armed forces (Act No. 2/93 of 26 March 1993), conscientious objectors may perform their compulsory military service in the form of civic service, which is still to be regulated. In order to be able to assess the scope of application of civic service of general interest and the procedures for its performance in light of the exception envisaged in Article 2(2)(c) of the Convention, the Committee requests the Government to provide a copy of the legislation that would be adopted to introduce civic service of general interest.

Article 2(2)(d). Powers of requisition. For many years, the Committee has been requesting the Government to take the necessary measures to repeal Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1983, which set out powers to requisition workers that go beyond those authorized under Article 2(2) of the Convention. Under the terms of these Orders, a national emergency industrial committee is empowered to requisition technicians from public or private enterprises for the period deemed necessary to resolve problems, and the call up, in the form of requisitioning, of workers whose occupation corresponds to the training needs of special youth brigades, through their assignment to such brigades for a period of 90 days. While noting the Government’s previous indication that these texts had fallen into abeyance and been tacitly repealed, the Committee recalls that a formal abrogation of these texts is necessary to avoid any juridical ambiguity and to ensure that positive law reflects practice. It therefore requests the Government to provide information on the measures taken for this purpose.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous observations, the Committee requested the Government to provide detailed information on the totality of activities carried out to prevent and fight against trafficking in persons. It also drew the Government’s attention to the need for taking measures to develop provisions in national legislation defining specifically the constituent elements of trafficking in persons for both sexual and labour exploitation, and providing for dissuasive penal sanctions.

The Committee notes that the Government indicates in its report that the executive carries out advocacy work to ensure that such practices do not take place. The Committee notes with regret that, in spite of repeated requests, the Government is still not able to provide concrete information on measures taken to fight against trafficking in persons and strengthen the legislative and institutional framework for this purpose. The Committee notes in this respect that, in their conclusions, both the Committee for Elimination of Discrimination against Women and the Human Rights Committee of the United Nations expressed their concern about information indicating that Angola is a source departure, transit and destination country for the trafficking in persons for sexual exploitation and forced labour and regarding the absence of legislation and of a global strategy to combat this phenomenon (CEDAW/C/AGO/CO/6 of 1 March 2013, paragraphs 21–22, and CCPR/C/AGO/1, March 2013, paragraph 17).

The Committee trusts that the Government will indicate, in its next report, progress made in the adoption of provisions criminalizing and penalizing trafficking in persons for sexual and labour exploitation, either by adopting specific legislation or within the framework of the revision of the Penal Code. The Committee also requests the Government to provide detailed information on measures taken to evaluate the extent and characteristics of the phenomenon of trafficking in persons in Angola. The Committee draws the Government’s attention to the importance of adopting a strategy to combat against the trafficking in persons to coordinate the activities of entities responsible for adopting and establishing measures of awareness raising and prevention of trafficking as well as victim protection and requests the Government to indicate progress made in this regard. The Government is also requested to indicate if decisions have already been rendered by penal courts and to specify the penalties imposed on persons for this crime.

Article 2(2)(c). Civic service. The Committee recalls that, by virtue of section 4 of the General Labour Law of 2000, work and services carried out by virtue of military laws or civic service of general interest are not considered as constituting forced labour. Moreover, under the terms of section 10 of the general law on military service (Law No. 1/93 of 26 March 1993) and of section 7 of the law concerning national defence and armed forces (Law No. 2/93 of 26 March 1993), conscientious objectors may perform their obligatory military service in the form of a civic service, subject to specific regulations. Noting that the Government previously indicated that the text to regulate civic service had not yet been adopted, the Committee requests the Government to indicate if civic service has been instituted and, if so, to provide a copy of the legislation adopted in this regard.

Article 2(2)(d). Powers of requisition. For a number of years, the Committee has requested that the Government take measures necessary to abrogate Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1983 which permit powers of requisition of workers beyond those authorized by virtue of Article 2(2) of the Convention. The Committee noted in this regard that the Government had previously indicated that the texts had been tacitly abrogated by the entry into force of the Law on Constitutional Revision of 1992 and the General Labour Law of 2000.

The Committee notes that, in its latest report, the Government indicates that requisition constitutes a form of forced labour, and that article 60 of the 2010 Constitution states that no one can be submitted to torture, forced labour or cruel, inhuman or degrading treatment. The Committee recalls once again that it considers that a formal abrogation of these texts is necessary to avoid any juridical ambiguity and to guarantee that positive law reflects practice and it accordingly requests, once again, the Government to take any necessary measures in that regard.

Adoption of the new Penal Code. The Committee notes that the Government indicates that the process of adoption of the new Penal Code is still ongoing. It requests the Government to indicate in its next report if a new Penal Code has been adopted and, if so, to provide a copy.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous observations, the Committee requested the Government to provide detailed information on the totality of activities carried out to prevent and fight against trafficking in persons. It also drew the Government’s attention to the need for taking measures to develop provisions in national legislation defining specifically the constituent elements of trafficking in persons for both sexual and labour exploitation, and providing for dissuasive penal sanctions.

The Committee notes that the Government indicates in its report that the executive carries out advocacy work to ensure that such practices do not take place. The Committee notes with regret that, in spite of repeated requests, the Government is still not able to provide concrete information on measures taken to fight against trafficking in persons and strengthen the legislative and institutional framework for this purpose. The Committee notes in this respect that, in their conclusions, both the Committee for Elimination of Discrimination against Women and the Human Rights Committee of the United Nations expressed their concern about information indicating that Angola is a source departure, transit and destination country for the trafficking in persons for sexual exploitation and forced labour and regarding the absence of legislation and of a global strategy to combat this phenomenon (CEDAW/C/AGO/CO/6 of 1 March 2013, paragraphs 21–22, and CCPR/C/AGO/1, March 2013, paragraph 17).

The Committee trusts that the Government will indicate, in its next report, progress made in the adoption of provisions criminalizing and penalizing trafficking in persons for sexual and labour exploitation, either by adopting specific legislation or within the framework of the revision of the Penal Code. The Committee also requests the Government to provide detailed information on measures taken to evaluate the extent and characteristics of the phenomenon of trafficking in persons in Angola. The Committee draws the Government’s attention to the importance of adopting a strategy to combat against the trafficking in persons to coordinate the activities of entities responsible for adopting and establishing measures of awareness raising and prevention of trafficking as well as victim protection and requests the Government to indicate progress made in this regard. The Government is also requested to indicate if decisions have already been rendered by penal courts and to specify the penalties imposed on persons for this crime.

Article 2(2)(c). Civic service. The Committee recalls that, by virtue of section 4 of the General Labour Law of 2000, work and services carried out by virtue of military laws or civic service of general interest are not considered as constituting forced labour. Moreover, under the terms of section 10 of the general law on military service (Law No. 1/93 of 26 March 1993) and of section 7 of the law concerning national defence and armed forces (Law No. 2/93 of 26 March 1993), conscientious objectors may perform their obligatory military service in the form of a civic service, subject to specific regulations. Noting that the Government previously indicated that the text to regulate civic service had not yet been adopted, the Committee requests the Government to indicate if civic service has been instituted and, if so, to provide a copy of the legislation adopted in this regard.

Article 2(2)(d). Powers of requisition. For a number of years, the Committee has requested that the Government take measures necessary to abrogate Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1983 which permit powers of requisition of workers beyond those authorized by virtue of Article 2(2) of the Convention. The Committee noted in this regard that the Government had previously indicated that the texts had been tacitly abrogated by the entry into force of the Law on Constitutional Revision of 1992 and the General Labour Law of 2000.

The Committee notes that, in its latest report, the Government indicates that requisition constitutes a form of forced labour, and that article 60 of the 2010 Constitution states that no one can be submitted to torture, forced labour or cruel, inhuman or degrading treatment. The Committee recalls once again that it considers that a formal abrogation of these texts is necessary to avoid any juridical ambiguity and to guarantee that positive law reflects practice and it accordingly requests, once again, the Government to take any necessary measures in that regard.

Adoption of the new Penal Code. The Committee notes that the Government indicates that the process of adoption of the new Penal Code is still ongoing. It requests the Government to indicate in its next report if a new Penal Code has been adopted and, if so, to provide a copy.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous observations, the Committee requested the Government to provide detailed information on the totality of activities carried out to prevent and fight against trafficking in persons. It also drew the Government’s attention to the need for taking measures to develop provisions in national legislation defining specifically the constituent elements of trafficking in persons for both sexual and labour exploitation, and providing for dissuasive penal sanctions.

The Committee notes that the Government indicates in its report that the executive carries out advocacy work to ensure that such practices do not take place. The Committee notes with regret that, in spite of repeated requests, the Government is still not able to provide concrete information on measures taken to fight against trafficking in persons and strengthen the legislative and institutional framework for this purpose. The Committee notes in this respect that, in their conclusions, both the Committee for Elimination of Discrimination against Women and the Human Rights Committee of the United Nations expressed their concern about information indicating that Angola is a source departure, transit and destination country for the trafficking in persons for sexual exploitation and forced labour and regarding the absence of legislation and of a global strategy to combat this phenomenon (CEDAW/C/AGO/CO/6 of 1 March 2013, paragraphs 21–22, and CCPR/C/AGO/1, March 2013, paragraph 17).

The Committee trusts that the Government will indicate, in its next report, progress made in the adoption of provisions criminalizing and penalizing trafficking in persons for sexual and labour exploitation, either by adopting specific legislation or within the framework of the revision of the Penal Code. The Committee also requests the Government to provide detailed information on measures taken to evaluate the extent and characteristics of the phenomenon of trafficking in persons in Angola. The Committee draws the Government’s attention to the importance of adopting a strategy to combat against the trafficking in persons to coordinate the activities of entities responsible for adopting and establishing measures of awareness raising and prevention of trafficking as well as victim protection and requests the Government to indicate progress made in this regard. The Government is also requested to indicate if decisions have already been rendered by penal courts and to specify the penalties imposed on persons for this crime.

Article 2(2)(c). Civic service. The Committee recalls that, by virtue of section 4 of the General Labour Law of 2000, work and services carried out by virtue of military laws or civic service of general interest are not considered as constituting forced labour. Moreover, under the terms of section 10 of the general law on military service (Law No. 1/93 of 26 March 1993) and of section 7 of the law concerning national defence and armed forces (Law No. 2/93 of 26 March 1993), conscientious objectors may perform their obligatory military service in the form of a civic service, subject to specific regulations. Noting that the Government previously indicated that the text to regulate civic service had not yet been adopted, the Committee requests the Government to indicate if civic service has been instituted, and if so, to provide a copy of the legislation adopted in this regard.

Article 2(2)(d). Powers of requisition. For a number of years, the Committee has requested that the Government take measures necessary to abrogate Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1983 which permit powers of requisition of workers beyond those authorized by virtue of Article 2(2) of the Convention. The Committee noted in this regard that the Government had previously indicated that the texts had been tacitly abrogated by the entry into force of the Law on Constitutional Revision of 1992 and the General Labour Law of 2000.

The Committee notes that, in its latest report, the Government indicates that requisition constitutes a form of forced labour, and that article 60 of the 2010 Constitution states that no one can be submitted to torture, forced labour or cruel, inhuman or degrading treatment. The Committee recalls once again that it considers that a formal abrogation of these texts is necessary to avoid any juridical ambiguity and to guarantee that positive law reflects practice and it accordingly requests, once again, the Government to take any necessary measures in that regard.

Adoption of the new Penal Code. The Committee notes that the Government indicates that the process of adoption of the new Penal Code is still ongoing. It requests the Government to indicate in its next report if a new Penal Code has been adopted, and, if so, to provide a copy.

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

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) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee noted that Angola was one of the countries covered by the Southern African Counter-Trafficking Assistance Programme of the International Organization for Migration (IOM) and that, within this framework, several activities had been undertaken to combat human trafficking in Angola. The Committee requested the Government to provide detailed information on the measures taken to combat human trafficking, in terms of both prevention and suppression.

In its 2008 report, the Government confined itself to indicating that the practices of the trafficking or sale of persons are punishable under the Penal Code. The Committee expressed surprise at this reply. Indeed, as the Government had not confirmed that the draft new Penal Code to which it referred had been adopted, it is the Penal Code dating from the colonial era which remains in force. Despite the absence of information from the Government, the Committee observed that the collaboration between the IOM and the Ministry of the Interior was continuing in 2008 with the organization of workshops and the drafting of a study on human trafficking in Angola, the conclusions of which should be published by the end of the year. The Committee trusts that the Government will provide detailed information in its next report on all the activities that it is undertaking or envisages undertaking to prevent and combat human trafficking. It draws the Government’s attention to the need to take measures to include provisions in the national legislation which specifically define the elements that constitute human trafficking, both for labour and sexual exploitation, and which incriminate it and establish dissuasive penal sanctions. The Committee would also be grateful if the Government would provide information on the characteristics of the phenomenon of human trafficking in Angola, and the difficulties encountered by the authorities responsible for preventing and suppressing trafficking. Please indicate whether rulings have been handed down by criminal courts and sanctions imposed on the persons convicted of this crime.

Article 2(2)(c). Civic service. In its previous comments, the Committee noted that work or services performed by virtue of military laws or those respecting civic service of general interest are not deemed to be forced labour (section 4 of the General Labour Act of 2000). Moreover, under the terms of section 10 of the General Act on Military Service (Act No. 1/93 of 26 March 1993) and section 7 of the National Defence and Armed Forces Act (Act No. 2/93 of 26 March 1993), conscientious objectors may carry out their compulsory military service in the form of a civic service which has to be covered by regulations. The Committee notes the Government’s indication that the text to regulate civic service has not been adopted. It requests the Government to indicate whether it envisages introducing civic service in the near future. If so, please provide a copy of any text adopted for this purpose.

Article 2(2)(d). Powers of requisition. In reply to the Committee’s comments, the Government, while reaffirming that Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1993 were tacitly repealed by the entry into force of the 1992 Act amending the Constitution and the 2000 General Labour Act, specifies that it is still possible to propose their formal repeal to the competent authorities. The Committee notes this information and hopes that the Government will take the necessary measures to complete the repeal of these Orders which grant powers for the requisitioning of workers which go beyond what is authorized under Article 2(2) of the Convention. Indeed, the Committee continues to consider that the formal repeal of these texts is necessary in order to avoid any legal ambiguity and to ensure that positive law reflects practice.

Adoption of the new Penal Code. The Committee requests the Government to indicate the progress made in the process of adopting the new Penal Code and, where appropriate, to provide a copy.

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

The Committee notes the information provided by the Government as regards the adoption of the new Constitution in 2010. It observes that the new text prohibits forced labour (section 60). Moreover, the Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee noted that Angola was one of the countries covered by the Southern African Counter-Trafficking Assistance Programme of the International Organization for Migration (IOM) and that, within this framework, several activities had been undertaken to combat human trafficking in Angola. The Committee requested the Government to provide detailed information on the measures taken to combat human trafficking, in terms of both prevention and suppression.

In its 2008 report, the Government confined itself to indicating that the practices of the trafficking or sale of persons are punishable under the Penal Code. The Committee expressed surprise at this reply. Indeed, as the Government had not confirmed that the draft new Penal Code to which it referred had been adopted, it is the Penal Code dating from the colonial era which remains in force. Despite the absence of information from the Government, the Committee observed that the collaboration between the IOM and the Ministry of the Interior was continuing in 2008 with the organization of workshops and the drafting of a study on human trafficking in Angola, the conclusions of which should be published by the end of the year. The Committee trusts that the Government will provide detailed information in its next report on all the activities that it is undertaking or envisages undertaking to prevent and combat human trafficking. It draws the Government’s attention to the need to take measures to include provisions in the national legislation which specifically define the elements that constitute human trafficking, both for labour and sexual exploitation, and which incriminate it and establish dissuasive penal sanctions. The Committee would also be grateful if the Government would provide information on the characteristics of the phenomenon of human trafficking in Angola, and the difficulties encountered by the authorities responsible for preventing and suppressing trafficking. Please indicate whether rulings have been handed down by criminal courts and sanctions imposed on the persons convicted of this crime.

Article 2(2)(c). Civic service. In its previous comments, the Committee noted that work or services performed by virtue of military laws or those respecting civic service of general interest are not deemed to be forced labour (section 4 of the General Labour Act of 2000). Moreover, under the terms of section 10 of the General Act on Military Service (Act No. 1/93 of 26 March 1993) and section 7 of the National Defence and Armed Forces Act (Act No. 2/93 of 26 March 1993), conscientious objectors may carry out their compulsory military service in the form of a civic service which has to be covered by regulations. The Committee notes the Government’s indication that the text to regulate civic service has not been adopted. It requests the Government to indicate whether it envisages introducing civic service in the near future. If so, please provide a copy of any text adopted for this purpose.

Article 2(2)(d). Powers of requisition. In reply to the Committee’s comments, the Government, while reaffirming that Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1993 were tacitly repealed by the entry into force of the 1992 Act amending the Constitution and the 2000 General Labour Act, specifies that it is still possible to propose their formal repeal to the competent authorities. The Committee notes this information and hopes that the Government will take the necessary measures to complete the repeal of these Orders which grant powers for the requisitioning of workers which go beyond what is authorized under Article 2(2) of the Convention. Indeed, the Committee continues to consider that the formal repeal of these texts is necessary in order to avoid any legal ambiguity and to ensure that positive law reflects practice.

Adoption of the new Penal Code. The Committee requests the Government to indicate the progress made in the process of adopting the new Penal Code and, where appropriate, to provide a copy.

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee noted that Angola was one of the countries covered by the Southern African Counter-Trafficking Assistance Programme of the International Organization for Migration (IOM) and that, within this framework, several activities had been undertaken to combat human trafficking in Angola. The Committee requested the Government to provide detailed information on the measures taken to combat human trafficking, in terms of both prevention and suppression.

In its 2008 report, the Government confined itself to indicating that the practices of the trafficking or sale of persons are punishable under the Penal Code. The Committee expressed surprise at this reply. Indeed, as the Government had not confirmed that the draft new Penal Code to which it referred had been adopted, it is the Penal Code dating from the colonial era which remains in force. Despite the absence of information from the Government, the Committee observed that the collaboration between the IOM and the Ministry of the Interior was continuing in 2008 with the organization of workshops and the drafting of a study on human trafficking in Angola, the conclusions of which should be published by the end of the year. The Committee trusts that the Government will provide detailed information in its next report on all the activities that it is undertaking or envisages undertaking to prevent and combat human trafficking. It draws the Government’s attention to the need to take measures to include provisions in the national legislation which specifically define the elements that constitute human trafficking, both for labour and sexual exploitation, and which incriminate it and establish dissuasive penal sanctions. The Committee would also be grateful if the Government would provide information on the characteristics of the phenomenon of human trafficking in Angola, and the difficulties encountered by the authorities responsible for preventing and suppressing trafficking. Please indicate whether rulings have been handed down by criminal courts and sanctions imposed on the persons convicted of this crime.

Article 2(2)(c). Civic service. In its previous comments, the Committee noted that work or services performed by virtue of military laws or those respecting civic service of general interest are not deemed to be forced labour (section 4 of the General Labour Act of 2000). Moreover, under the terms of section 10 of the General Act on Military Service (Act No. 1/93 of 26 March 1993) and section 7 of the National Defence and Armed Forces Act (Act No. 2/93 of 26 March 1993), conscientious objectors may carry out their compulsory military service in the form of a civic service which has to be covered by regulations. The Committee notes the Government’s indication that the text to regulate civic service has not been adopted. It requests the Government to indicate whether it envisages introducing civic service in the near future. If so, please provide a copy of any text adopted for this purpose.

Article 2(2)(d). Powers of requisition. In reply to the Committee’s comments, the Government, while reaffirming that Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1993 were tacitly repealed by the entry into force of the 1992 Act amending the Constitution and the 2000 General Labour Act, specifies that it is still possible to propose their formal repeal to the competent authorities. The Committee notes this information and hopes that the Government will take the necessary measures to complete the repeal of these Orders which grant powers for the requisitioning of workers which go beyond what is authorized under Article 2(2) of the Convention. Indeed, the Committee continues to consider that the formal repeal of these texts is necessary in order to avoid any legal ambiguity and to ensure that positive law reflects practice.

Adoption of the new Penal Code. The Committee requests the Government to indicate the progress made in the process of adopting the new Penal Code and, where appropriate, to provide a copy.

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

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Trafficking in persons. In its previous comments, the Committee noted that Angola was one of the countries covered by the Southern African Counter-Trafficking Assistance Programme of the International Organization for Migration (IOM) and that, within this framework, several activities had been undertaken to combat human trafficking in Angola. The Committee requested the Government to provide detailed information on the measures taken to combat human trafficking, in terms of both prevention and suppression.

In its latest report, the Government confines itself to indicating that the practices of the trafficking or sale of persons are punishable under the Penal Code. The Committee expresses surprise at this reply. Indeed, as the Government has not confirmed that the draft new Penal Code to which it referred has been adopted, it would be the Penal Code dating from the colonial era which remains in force. Despite the absence of information from the Government, the Committee observes that the collaboration between the IOM and the Ministry of the Interior was continued in 2008 with the organization of workshops and the drafting of a study on human trafficking in Angola, the conclusions of which should be published by the end of the year. The Committee trusts that the Government will provide detailed information in its next report on all the activities that it is undertaking or envisages undertaking to prevent and combat human trafficking. It draws the Government’s attention to the need to take measures to include provisions in the national legislation which specifically define the elements that constitute human trafficking, both for labour and sexual exploitation, and which incriminate it and establish dissuasive penal sanctions. The Committee would also be grateful if the Government would provide information on the characteristics of the phenomenon of human trafficking in Angola, and the difficulties encountered by the authorities responsible for preventing and suppressing trafficking. Please indicate whether rulings have been handed down by criminal courts and sanctions imposed on the persons convicted of this crime.

Article 2, paragraph 2(c). Civic service. In its previous comments, the Committee noted that work or services performed by virtue of military laws or those respecting civic service of general interest are not deemed to be forced labour (section 4 of the General Labour Act of 2000). Moreover, under the terms of section 10 of the General Act on Military Service (Act No. 1/93 of 26 March 1993) and section 7 of the National Defence and Armed Forces Act (Act No. 2/93 of 26 March 1993), conscientious objectors may carry out their compulsory military service in the form of a civic service which has to be covered by regulations. The Committee notes the Government’s indication that the text to regulate civic service has not been adopted. It requests the Government to indicate whether it envisages introducing civic service in the near future. If so, please provide a copy of any text adopted for this purpose.

Article 2, paragraph 2(d). Powers of requisition. In reply to the Committee’s comments, the Government, while reaffirming that Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1993 were tacitly repealed by the entry into force of the 1992 Act amending the Constitution and the 2000 General Labour Act, specifies that it is still possible to propose their formal repeal to the competent authorities. The Committee notes this information and hopes that the Government will take the necessary measures to complete the repeal of these Orders which grant powers for the requisitioning of workers which go beyond what is authorized under Article 2, paragraph 2, of the Convention. Indeed, the Committee continues to consider that the formal repeal of these texts is necessary in order to avoid any legal ambiguity and to ensure that positive law reflects practice.

Adoption of the new Penal Code. The Committee requests the Government to indicate the progress made in the process of adopting the new Penal Code and, where appropriate, to provide a copy.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2(2)(c) of the Convention. Civic service. In its previous comments, the Committee noted that work or services exercised by virtue of military laws or civic service of general interest are not deemed to be forced labour (section 4 of the General Labour Act of 2000). Moreover, by virtue of section 10 of the General Act on Military Service (Act No. 1/93 of 26 March 1993) and section 7 of the National Defence and Armed Forces Act (Act No. 2/93 of 26 March 1993), conscientious objectors may carry out their compulsory military service in the form of a civic service which has to be covered by a regulation. The Committee asked the Government to provide information on the texts regulating civic service of general interest. The Committee notes that the Government, in its latest report, states that although the law establishes compulsory military service, in practice military service is of a selective nature. The Committee requests the Government to provide further information on the civic service – whether it be the civic service of general interest referred to in section 4 of the General Labour Act or the civic service which is an alternative to compulsory military service. The Government is also requested to indicate whether these services have been implemented in practice and, if so, to supply copies of the legislative texts regulating them.

2. Article 2(2)(d). Powers of requisition. In its previous comments, the Committee noted the Government’s indication that Decree Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1983, which grant powers to requisition workers beyond those authorized under Article 2(2), of the Convention, had fallen out of use and had been tacitly repealed following the adoption of the 1992 Act amending the Constitution and the 2000 General Labour Act. The Committee notes the absence of any new elements in this regard and continues to consider that the formal repeal of these decrees is necessary in order to avoid any legal ambiguity and ensure that positive law reflects practice.

3. Articles 1(1) and 2(1). Trafficking in persons. In its previous direct request, the Committee asked the Government to provide information on the measures taken to prevent, suppress and punish trafficking in persons, on the relevant provisions in legislation and on any difficulties encountered by the authorities in this area. In its report, the Government states that it is not aware of any trade or trafficking in persons. The Committee notes, however, that Angola is one of the countries covered by the Southern African Counter-Trafficking Assistance Programme of the International Organization for Migration (IOM). In 2006, within the framework of this programme, the IOM organized activities (round table, workshop) on the fight against human trafficking in Angola. Angola is also one of the countries covered by a research project which should lead, in particular, to the publication in 2008 of a study on the characteristics of trafficking in Angola. The Committee requests the Government to provide detailed information on the measures taken to combat trafficking in persons in terms of both prevention (activities to raise public awareness of persons exposed to this risk; training activities for professions confronted by this practice: police, magistrates, etc.) and suppression (adoption of legislative provisions that criminalize trafficking in persons, for instance in the new Penal Code yet to be adopted, including the arrest and punishment of perpetrators).

4. Adoption of a new Penal Code. The Committee notes the Government’s indication that the working group coordinated by the Ministry of Justice to revise penal legislation has not completed its work. The Committee has seen on the Government’s web site that a draft Penal Code has been finalized and that it should be adopted in the very near future. The Committee asks the Government to communicate a copy of this text once it has been adopted and to provide information on its impact on the application of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 2, paragraph 2(d), of the Convention. Powers of requisition. For many years the Committee has been drawing the Government’s attention to the need to repeal or amend the provisions of Decree No. 12/75 of 15 October 1975 allowing the National Emergency Industrial Committee to call up technicians of public or private undertakings considered necessary for the solution of problems, and the provisions of Decree No. 44/83 allowing it to call up workers whose occupation meets the training needs of the special youth brigades. In previous reports, the Government indicated that these texts had fallen out of use and had been tacitly repealed following the adoption of the Act amending the Constitution (Act No. 23/92 of 16 September 1992) and the General Labour Act (Act No. 2/00 of 11 February 2000) in that they are contrary to the new legislation. The Committee trusts that when legislation is next amended the Government will take the necessary measures to expressly repeal these decrees in order to avoid any ambiguity and ensure that current legislation reflects practice.

2. Article 2, paragraph 2(c). Civic service of general interest. By virtue of section 4 of the General Labour Act (Act No. 2/00), forced or compulsory labour is prohibited. Work or services exercised by virtue of military laws and civic service of general interest are not deemed to be forced labour. The Committee requested the Government to supply copies of the legislative provisions relating to this service. The Committee notes that the Government’s latest report provides no information on the matter but has noted that, by virtue of section 10 of the General Act on Military Service (Act No. 1/93 of 26 March 1993) and section 7 of the National Defence and Armed Forces Act (Act No. 2/93 of 26 March 1993), conscientious objectors may carry out their compulsory military service in the form of a civic service which has to be covered by a regulation. The Committee requests the Government to indicate whether the civic service of general interest mentioned in section 4 of the General Labour Act refers to the civic service which is an alternative to military service. It requests the Government once again to communicate copies of the legislative texts regulating the civic service of general interest.

3. Trafficking in persons. The Committee notes that the Government has provided no reply to the information requested by the Committee in its general observation of 2001 regarding measures taken by governments to prevent, suppress and punish trafficking in persons. The Committee therefore requests the Government to refer to this general observation and provide detailed information regarding the measures taken to prevent, suppress and punish trafficking in persons, the relevant provisions in legislation and any difficulties encountered by the authorities in this field.

4. The Committee notes that, in the report supplied in 2004 on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), the Government indicated that a working group coordinated by the Ministry of Justice had been set up to revise penal legislation. The Committee requests the Government to supply information on the work conducted by this group as well as any legislation adopted. Meanwhile, the Committee requests the Government to supply copies of the current Penal Code and Penal Procedure Code.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

1. In its previous direct request the Committee noted the indications of the Government according to which the provisions of Decree Nos. 12/75 of 15 October 1975 and 44/83 of 21 May 1983, permitting certain forms of requisitioning that were the subject of comments since 1980, had been tacitly repealed by the adoption of Law No. 23/92 of 16 September 1992 which amended the Constitution. The Committee invited the Government to take the necessary measures to expressly repeal the provisions in question in order to avoid uncertainty as to the state of positive law.

The Committee notes that in its last report the Government indicates that the general labour law (No. 2/2000 of 11 February 2000) repeals all provisions which are contrary to it and that such is the case for the provisions of the abovementioned Decrees.

The Committee requests once again that the Government take the necessary measures to expressly repeal or amend Decrees Nos. 12/75 of 15 October 1975 and 44/83 of 1983.

2. The Committee notes that, under the terms of article 4.1 of the general labour law (Law No. 2/2000), compulsory work is prohibited but work required pursuant to civil service laws of general interest is exempt from this prohibition (article 4.2.a).

The Committee asks the Government to communicate the text of the laws on civil service of general interest.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. In its previous direct request the Committee noted the indications of the Government according to which the provisions of Decrees Nos. 12/75 of 15 October 1975 and 44/83 of 21 May 1983, permitting certain forms of requisitioning that were the subject of comments since 1980, had been tacitly repealed by the adoption of Law No. 23/92 of 16 September 1992 which amended the Constitution. The Committee invited the Government to take the necessary measures to expressly repeal the provisions in question in order to avoid uncertainty as to the state of positive law.

The Committee notes that in its last report the Government indicates that the general labour law (No. 2/2000 of 11 February 2000) repeals all provisions which are contrary to it and that such is the case for the provisions of the abovementioned Decrees.

The Committee requests once again that the Government take the necessary measures to expressly repeal or amend Decrees Nos. 12/75 of 15 October 1975 and 44/83 of 1983.

2. The Committee notes that, under the terms of article 4.1 of the general labour law (Law No. 2/2000), compulsory work is prohibited but work required pursuant to civil service laws of general interest is exempt from this prohibition (article 4.2.a).

The Committee asks the Government to communicate the text of the laws on civil service of general interest.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the Government's report.

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(d), of the Convention. The Committee noted in its earlier comments that Orders Nos. 12/75 of 15 October 1975 and 44/83 of 21 May 1983, which allowed certain forms of call-up and had been the subject of previous comments, had been tacitly repealed by the adoption of Act No. 23/92 of 16 September 1992 amending the Constitution. The Committee again invites the Government to take the necessary measures to repeal explicitly the provisions in question in order to avoid any doubt or uncertainty with regard to positive law and to bring national legislation into full conformity with the Convention.

Article 1, paragraph 1. In its previous direct requests, the Committee requested the texts of laws and regulations governing the conditions for recruitment into the armed forces (in particular the provisions governing the conditions under which a career officer or soldier may resign). The Committee notes the Government's statement that it will provide the texts requested with its next report.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report does not refer to the matter raised previously concerning the provisions of Orders Nos. 12/75 of 15 October 1976 and 44/83 of 21 May 1983, on which the Committee has been commenting for several years, which, according to the Government, have been tacitly repealed by the adoption of Act No. 23/92 of 16 September 1992 amending the Constitution.

The Committee once again drew the Government's attention to the fact that it would be advisable for the above texts to be explicitly repealed in order to bring the national legislation formally into line with the Convention and it requests the Government to take the necessary measures to that effect.

The Committee notes that the texts of the laws and regulations governing the conditions for recruitment into the armed forces were not attached to the report and requests the Government to provide them with its next report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's indication in its report that the provisions of Orders Nos. 12/75 of 15 October 1976 and 44/83 of 21 May 1983, on which the Committee has been commenting for several years, have been tacitly repealed by the adoption of Act No. 23/92 of 16 September 1992 amending the Constitution.

The Committee draws the Government's attention to the fact that it would be advisable for the above-mentioned texts to be repealed expressly in order to bring the national legislation formally into line with the Convention and asks the Government to take the necessary measures to that end.

The Committee notes that the Government did not enclose copies of the laws and regulations governing the conditions for recruitment into the armed forces, and asks it to provide them with its next report.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In earlier comments, the Committee noted that under sections 2 and 3 of Order No. 12/75 of 15 October 1976 an Emergency Industrial Committee is empowered to call up technicians of public or private undertakings for the period considered necessary for the solution of problems. The Committee also noted that under section 2 of Order No. 44/83, of 21 May 1983, the recruitment of workers whose occupation meets the training needs of the special youth brigades is to take the form of a call-up, the worker being assigned to one of the brigades for a period of 90 days.

The Government has indicated on several occasions that the above texts were no longer applied in practice and, in its last report, stated that they had been tacitly repealed by the adoption of Act No. 12/91 of 6 May 1991 amending the Constitution.

The Committee asks the Government to take the necessary steps to bring the national law formally into line with the Convention by repealing or amending explicitly the above provisions to ensure that there is no doubt as to their application and that positive law reflects practice which, according to the Government, is already in force.

2. The Committee notes the Prison Regulations (Regulamento do regime progressivo) of 9 July 1981, communicated by the Government.

3. The Committee requests the Government to provide copies of the laws and regulations governing the conditions of engagement in the armed forces.

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

1. In its previous comments, the Committee noted that under sections 2 and 3 of Order No. 12/75 of 15 October 1975 an Emergency Industrial Committee is empowered to call up the technicians of public or private undertakings for the period considered necessary for the solution of problems.

The Committee notes the Government's indications in its report, to the effect that Order No. 12/75 is no longer in force as section 64 of the Constitution repeals any legislation not consistent with it. It requests the Government to indicate the measures taken or under consideration to bring the repeal of Order No. 12/75 to the notice of the public either in an official document or by any other means provided for in the national legislation.

2. In its previous direct request, the Committee noted that under section 2 of Order No. 44/83 of 21 May 1983, the recruitment of workers whose occupation meets the training needs of the special youth brigades is to take the form of a call-up, the worker being assigned to one of the brigades for a period of 90 days. The Committee also noted the Government's statement to the effect that the steps to be taken upon these comments were to be examined by the Youth, Health and Labour Committee of the People's Assembly, and requested the Government to provide information on the practical application of the Order in question.

The Committee notes the indications in the Government's report, to the effect that call-up is a civic and patriotic act; that no penalties are provided for in cases of refusal; that the period of call-up is limited to 90 days, and that persons called-up continue to receive their wages for the duration of the call-up period and therefore suffer no losses.

The Committee refers to paragraphs 63 to 66 of its General Survey of 1979 on the abolition of forced labour in which it pointed out that, although the Convention exempts from its scope any work or service exacted in cases of emergency, under Article 2, paragraph 2(d) of the Convention, the exemption is restricted to work or service exacted in circumstances that would endanger the life, personal safety or health of the whole or part of the population.

As no penalty is provided for in the case of a refusal to comply with a call-up order, the Committee requests the Government to report the measures taken or under consideration to give statutory effect to the voluntary nature of the call-up provided for in Order No. 44/83, thereby bringing the legislation into conformity with the Convention and with the practice mentioned by the Government.

The Committee asks the Government to supply the texts of any call-up orders that may have been issued.

3. The Committee again requests the Government to provide with its next report the text of the Prison Rules (Normas e procedimentos do Regime progressivo) of 1 June 1977, and the texts of all laws and regulations (except for Act No. 12/82 respecting military service) governing the conditions of engagement in the armed forces.