Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

Convention (n° 29) sur le travail forcé, 1930 - Sénégal (Ratification: 1960)

In its previous comments, the Committee noted that three specific legislative enactments imposed compulsory service in administration for periods of between ten and 15 years and were not in conformity with the Convention. These enactments were Act No. 61-33 of 15 June 1961 with respect to the general conditions of service of public servants, Decree No. 77-429, updated on 31 December 1987, establishing the organization of the National School for Administrators and Public Officials, and Decree No. 84-501 of 2 May 1984 concerning the organization and operating rules of the Military Health School. It requested the Government to take steps to ensure the freedom of persons in the service of the State to leave their employment if they so wish.

The Committee also noted the Government's previous indications that Act No. 90-02 of 2 January 1990 makes the principles for the resignation of public officials more flexible, introduces incentives for the voluntary departure of public officials and amends certain provisions of Act No. 61-33. The Government had also stated that, in practice, public officials who express the desire to leave their employment have always managed to do so, without the requirement to pay any financial compensation.

The Committee in its direct request drew the Government's attention to the fact that certain provisions of Act No. 90-02 of 2 January 1990 restrict the freedom of public officials to leave their employment. Indeed, the above Act is subject to time limits: under section 1, incentives for the voluntary departure of public officials are available, under the conditions set out in the law, to public officials and servants who apply to leave their employment definitively before a date established by Decree: its scope is also limited to public servants and officials other than magistrates, military personnel, teachers, health personnel and public officials whose conditions of service are established by a special law (section 2); finally, under section 3, the application to resign may be refused on grounds related to the needs of the service.

In its recent report, the Government again emphasizes the absence of financial or material constraints on public officials who express their desire to leave their employment despite the commitments made by such officials to serve the State for a period of between 10 and 15 years. The Government states that Act No. 90-02 of 2 January 1990, establishing incentives for voluntary departure, is intended, despite its selective and limitative character, to ensure the proper functioning of the public services.

The Committee notes these explanations. In particular, it notes with interest the new information provided by the Government to the effect that, in the framework of the reform of the legislation governing the public service, it will undertake appropriate studies to improve the conformity of its laws and regulations with international labour standards and with its constant practice of ensuring the freedom of movement of officials wishing to leave their employment.

The Committee hopes that the Government will undertake this study in the light of the Convention, and the 1979 General Survey on the abolition of forced labour in general, and that the new texts which are adopted will make it possible for all persons in the service of the State to leave the service at their own initiative, within a reasonable period, either at specified intervals, or with previous notice, taking into account that persons who have benefited at the cost of the State from training which is in their own interests may be called upon to reimburse part of the cost incurred by the State in proportion to the remaining period for which they had committed themselves.

The Committee also hopes that the Government will soon provide information on the application in practice of Act No. 90-02, including the number of public officials who have benefited from the programme of voluntary departure, and the number of those whose applications have been rejected (with an indication of the grounds for their rejection).

With reference to the general observation contained in its report for 1999 under the Convention, the Committee requests the Government to include in its next report information on the present position in law and practice as regards the following points:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that they are free from the menace of any penalty, including any loss of privileges or any other disadvantages following from a refusal to work.