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

Forced Labour Convention, 1930 (No. 29) - Switzerland (Ratification: 1940)
Protocol of 2014 to the Forced Labour Convention, 1930 - Switzerland (Ratification: 2017)

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. 1. In its previous direct request, the Committee noted that, under section 82 of the preliminary draft text prepared by the expert committee appointed by the Government concerning the general part and the third book of the Penal Code, the agreement of the prisoner serving a custodial sentence would be required prior to contracting out to a private employer. The Committee also noted that under section 83(1), the prisoner would receive remuneration for the work actually carried out and, under section 83(3), the Federal Council would settle the details.

The Government stated in the report received in August 1996 that the above preliminary draft text was submitted for consultation in 1993: as a consequence of this consultation, the Federal Council decided to continue with this legislative project and mandated the Federal Department of Justice and Police to submit a draft text in 1997. The Committee again hopes that legislative amendments which will meet the provisions of the Convention will soon be adopted, particularly as regards prisoners hired out to private employers, payment of a normal wage and social security coverage, etc. The Committee requests the Government to provide information, in its next report, as to the progress made with this legislation.

2. Please also continue to provide information with regard to the research being conducted into the application of the legislation relative to the deprivation of freedom for purposes of assistance, as well as on any measures taken to follow up the conclusions of this research.

Article 1, paragraph 1, and Article 2(2)(a). 3. The Committee notes that the Federal Act respecting the civic service of 6 October 1995 provides that persons who are conscripted for the purpose of completing national service and unable to reconcile military service with their personal convictions must complete a period of civic service. Under section 16, the request to serve a period of civic service should be made in writing to the competent authority.

The Committee also notes the adoption of several implementing Ordinances, as well as the detailed information provided by the Government concerning the introduction of a civic service. The Committee would be grateful if the Government would continue to provide information on the operation of such service.