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

Abolition of Forced Labour Convention, 1957 (No. 105) - Cuba (Ratification: 1958)

In its previous observation, the Committee took note of the comments submitted in January 1991 by the International Confederation of Free Trade Unions (ICFTU) concerning the application of Convention No. 105, in which the organisation states that many young persons are compelled to work on a massive and regular basis for purposes of economic development. The allegations also refer to the compulsory labour exacted from many young persons aged between 15 and 18 years within the framework of rural high schools and, by way of illustration, mention a study programme established in 1989 to provide a workforce for the programme to expand fruit production for export, under which 20,000 students below majority age were mobilised. ICFTU also alleges that members of the Youth Labour Army are employed on economic development activities and that political prisoners are compelled to work despite the fact that under the legislation work for political prisoners is voluntary.

The Committee requested the Government to be good enough to make its comments on the allegations submitted by ICFTU.

With regard to the allegations concerning the work of political prisoners, the Committee notes that, according to the Government, the provision of the Penal Code establishing the voluntary nature of work for persons sentenced to imprisonment is complied with in practice irrespective of the nature of the offence committed. It also indicates the labour rights recognised for prisoners: remuneration, social security and training.

The Committee takes note of the Government's comments on the ICFTU allegations concerning the imposition of forced labour on young people. In those comments, the Government describes the Cuban education system, which is based on a combination of study and work. It states that the situation alleged does not constitute a form of employment but is a matter of work performed by pre-university students for three hours a day and for periods of 30 days per year as part of the education system. The Government also refers to the Conference of Ministers of Education which recommends a systematic connection between study and work.

With reference to the activities of the Youth Labour Army, the Government indicates that young people recruited for active military service are given an opportunity to express their wish to enter the Youth Labour Army; if they do not wish to do so, they may do their military service in regular units. On being posted, a young person is assigned to a unit near his residence. While serving in the Youth Labour Army, a young person is acquiring an occupation or trade.

In previous comments, the Committee referred to section 2 of Act No. 1253 (Youth Labour Army), which provides that "all young persons who are under a duty to perform active military service and who are not called upon to perform that service in regular units of the Revolutionary Armed Forces shall be called up into the Youth Labour Army". Section 4 provides for "the performance of productive agricultural work and work of any kind that the Revolutionary Government may determine". To judge from that provision, call-up into the Youth Labour Army does not appear to depend on the young recruit's own wishes.

The Committee hopes that the Government will examine the provisions of Act No. 1253 so that the law may be brought formally into conformity with the Convention and may reflect what the Government describes as existing practice.