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

Forced Labour Convention, 1930 (No. 29) - Cuba (Ratification: 1953)

1. The Committee has referred previously to section 73(2) of the Penal Code, under which persons who live as social parasites on the work of others are considered to be in a dangerous condition by reason of anti-social behaviour, and may be subject to security measures (section 76(2)). The Committee also noted that the security measures that are applicable to anti-social individuals are rehabilitation measures (section 80(2)), namely: internment in a specialised work or educational establishment (section 80(1)(a)) or assignment to a labour collective (section 80(1)(b)); the duration of these measures is a minimum of one year and a maximum of four years (section 80(3)).

In order that the Committee could ascertain the practical scope of section 73(2), it requested the Government to provide a copy of any court decisions made in implementation of the above provisions.

The Committee notes the information supplied by the Government in its report that the condition that determines anti-social behaviour is not abstaining from work but using the work of others as a means of subsistence. The Government adds that no sentences have been handed down under sections 73(2) and 76(2) of the Penal Code.

The Committee notes that, by being applicable to a person for the mere fact of living off the work of others, sections 73(2), 76(2) and 80 of the Penal Code appear to be applicable to persons undertaking a non-remunerated activity or who live off the freely provided assistance of the members of their family or their friends.

The Committee recalls that in paragraphs 45 to 48 of its General Survey on the Abolition of Forced Labour it indicated that laws which deal with the manner in which persons who do not work ensure their means of subsistence, which are not restricted in scope to unlawfully acquired income, give too extensive a definition of vagrancy and are liable to become a means of compulsion to work.

The Committee requests the Government to inform it of the measures that have been taken or are envisaged to give a more limited definition of vagrancy so that the imposition of penalties is confined to those who by begging, procuring or some other defined activity infringe upon the rights of others or disturb the public order.

2. In its previous direct request, the Committee requested the Government to supply a copy of the Regulations governing the military service of officials, which are referred to in section 3 of the General Military Service Act (No. 1255).

The Committee notes that, according to the Government's indications, the above Regulations cannot be communicated since they refer to internal matters of the Ministry of the Revolutionary Armed Forces.

The Committee requests the Government to supply only the provisions of the above Regulations which relate to the termination of the service of career members of the armed forces.

3. The Committee notes the information supplied by the Government concerning the termination of the employment relationship of senior public employees.