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

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

1. Article 1(b) of the Convention. In its previous observations, the Committee noted Act No. 75 of 21 December 1994 respecting national defence, and the information concerning section 70 of the Act respecting the procedures of recruitment commissions. This section refers to cases of deferral or exemption from active military service. According to the Government, section 70 also refers to the "call up", which is the process by which young persons are called to recruitment interviews where they are able to express their preference for various units or specialities in which they consider that they could perform their active military service. If a young person does not wish to enter the Youth Labour Army, his or her service is performed in regular military units.

2. The Committee notes this "voluntary" element in section 70 and the fact that the economic benefits (wages at rates similar to workers who perform the same activities) and the conditions of work of the members of the Youth Labour Army attract a larger number of young persons to this speciality rather than to others in the regular military service. The Government also states that, during service in the Youth Labour Army, young persons acquire a profession or trade which prepares them for civilian life and that, when a young person is placed in the above army, account is taken of their place of residence and that the work performed is of an eminently communal nature. Furthermore, under section 67 of the National Defence Act, young persons assigned to the Youth Labour Army carry out two months of service for combat preparations in addition to the two years carried out by young persons performing regular military service.

3. The Committee recalls that, as set out in paragraphs 31 and 41 of its 1979 General Survey on the abolition of forced labour, while the existence of a choice may provide a useful safeguard, this does not in itself exclude the application of Conventions Nos. 29 and 105 when the choice between different forms of service is made within the framework and on the basis of a compulsory service obligation. The Committee recalls that States which have ratified Convention No. 105 are obliged to suppress the use of forced labour as a method of using labour for purposes of economic development. It requests the Government to provide information on the manner in which section 70 is applied in practice, including the number of persons concerned and the conditions under which they make their choices, as well as on any measure that is proposed to ensure the application of the Convention in this respect.