Forced Labour Convention, 1930 (No. 29) - Senegal (Ratification: 1960)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(1), 2(1) and 25 of the Convention. Punishment of vagrancy. The Committee notes that sections 241 to 243 of the Penal Code provide that vagrancy is an offence and that persons officially declared vagrants or “disreputable persons”, defined as persons with no fixed abode, no means of subsistence and no regular job or occupation, are for this reason alone liable to a penalty of from one to three months’ imprisonment. The Committee draws the Government’s attention to the fact that these provisions of the Penal Code are not limited to the punishment of illicit activities or activities that would potentially disturb public order and could be considered as an indirect constraint on work in that they allow for penalties for the simple fact of having no regular job or occupation. It recalls, in this regard, that provisions relating to vagrancy based on too broad a definition thereof could be used to compel individuals to work, which could give rise to a situation similar to that where the law imposes a general obligation to work. The Committee therefore urges the Government to take the necessary measures to amend sections 241 to 243 of the Penal Code to restrict the scope of application of these provisions only to persons disturbing public order or who have earned income through illicit activities. In the meantime, the Committee requests the Government to provide information on any prosecution or penalty imposed under these provisions of the Penal Code.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. Community service. The Committee recalls that section 44-3 of the Penal Code grants judges discretion to include in their decisions the possibility for convicted prisoners who have served two thirds of their sentence to perform community service as an alternative to imprisonment. This penalty consists of unpaid work performed by the prisoner, with the prisoner’s consent, for public institutions or associations authorized to carry out community work. The Committee notes the Government’s statement, in its report, that associations wishing to receive convicted persons to carry out community work must be authorized by the judge responsible for the enforcement of sentences, subject to the approval of the Public Prosecutor, taking into account the social utility of the works proposed and the prospects for the social or vocational reintegration that these associations offer to convicted persons. The Government adds that the judge responsible for the enforcement of sentences establishes how the community service is to be carried out and specifies in their decision: (1) the organization for which the work is to be carried out; (2) the nature of the work to be carried out; and (3) the working hours. Generally, such work consists of manual tasks requiring few qualifications, such as the maintenance of public spaces and parks, repairs or painting.

The Committee recalls that, when community service can be performed for private entities, such as charitable associations or institutions, the conditions under which it may be performed must be appropriately managed and supervised in order to guarantee that the work carried out is of genuine use to the community and that the entities for which it is carried out are non-profit making. Recalling that section 44-8 of the Penal Code provides that the conditions under which associations are authorized to carry out community work and the nature of the work that may be carried out in this context shall be established by a decree, the Committee requests the Government to indicate whether such a decree has been adopted and, if so, to provide a copy thereof. The Committee also requests the Government to provide more detailed information on the nature and/or the list of associations authorized to receive persons sentenced to this penalty, as well as examples of the types of work that may be exacted in this context.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee notes the adoption of Decree No. 2020-2064 of 27 October 2020 establishing the National Committee to Combat Trafficking in Persons and the Smuggling of Migrants (CNLTP), replacing the National Anti-Trafficking Unit, and extending the competence of the national coordination mechanism by formally assigning it a role of prevention and coordination in the fight against migrant smuggling. The Government adds, in its report, that a bill revising Act No. 2005-06 of 10 May 2005 on combating trafficking in persons and similar practices and the protection of victims was sent by the CNLTP to the Ministry of Justice. Similarly, a compensation fund for victims of trafficking was established by Decree No. 2023-920 of 26 April 2023. The Committee notes the adoption of the National Plan of Action to Combat Trafficking in Persons 2021–23, developed by the CNLTP. In this regard, it notes from the report submitted in 2023 by the Government to the United Nations Committee on Migrant Workers that a number of activities have been organized under the Plan of Action, including training workshops aimed at members of the judiciary at the regional level, organized by the CNLTP, to facilitate the identification of and psychological assistance, care and psychosocial support for victims of trafficking. The CNLTP also developed a Handbook for law enforcement officials, which facilitates the identification of trafficking victims, as well as Standard operating procedures for law enforcement services, on the identification and referral of victims of trafficking and their treatment in investigations and prosecutions. With regard to the data collection system on the various aspects of legal action taken in cases of human trafficking in Senegal (SYSTRAITE), the Government indicates that although the system was deployed in five pilot regions (Dakar, Kedougou, Saint-Louis, Tamba and Thies), the information available is fragmented and inconsistently collected (CMW/C/SEN/4, 19 July 2023). The Committee also notes the adoption, on 27 July 2023, of the National Strategy against Irregular Migration 2023–33, with particular emphasis on tackling exploitation and trafficking in persons.

The Committee welcomes the different measures adopted to strengthen efforts to combat trafficking in persons. It nevertheless notes with regret the absence of more specific information on the impact of these measures in practice, including the number of cases of trafficking in persons detected and of prosecutions and convictions in such cases. In this regard, the Committee notes that, in its concluding observations of 2022, the United Nations Committee on the Elimination of Discrimination against Women expressed particular concern about: (1) the fact that Senegal is a country of origin, transit and destination for trafficking in persons and that internal trafficking for purposes of sexual exploitation is equally prevalent; (2) the absence of data on the number of victims, investigations, prosecutions and convictions relating to trafficking in persons, particularly for purposes of sexual exploitation, forced labour and forced begging in Senegal and for purposes of domestic servitude in foreign countries; (3) the low rate of prosecutions and convictions and the lack of adequate mechanisms to identify victims of trafficking and refer them to appropriate services; and (4) reports of harassment by the police of women exploited in prostitution (CEDAW/C/SEN/CO/8, 1 March 2022).

The Committee urges the Government to continue its action against trafficking in persons, both for sexual exploitation and labour exploitation, and to provide information on activities undertaken to this end by the National Committee to Combat Trafficking in Persons and the Smuggling of Migrants (CNLTP), including under the trafficking component of the National Strategy against Irregular Migration 2023–33. The Committee requests the Government to provide a copy of the most recent annual report of the CNLTP containing data and statistics on action against trafficking in persons as well as any evaluation of action taken in this area. The Committee further urges the Government to continue to strengthen the capacity of law enforcement officials and to ensure that persons who engage in trafficking are effectively prosecuted and victims can receive adequate protection and assistance to assert their rights and reintegrate. In this regard, the Committee requests the Government to provide information on: (i) the number of investigations and prosecutions carried out, specifying the penalties applied pursuant to Law No. 2005-06; and (ii) the number of victims of trafficking who have benefited from protection and assistance services and the nature of such services, including through the compensation fund established by Decree No. 2023-920 of 26 April 2023, and to provide a copy of the Decree in question.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. Community service. Referring to its previous comments, the Committee notes that the first section of Act No. 2016-29 of 8 November 2016 amends section 44-3 of the Penal Code and provides for the possibility for judges to substitute prison sentences shorter than six months with an alternative penalty to incarceration. This penalty consists of unpaid work carried out by a convicted person, with his or her consent, for the benefit of legal entities governed by public law or associations authorized to carry out such a measure. The Committee also notes that, in its fifth periodic report on the implementation of the International Covenant on Civil and Political Rights of 30 August 2018, submitted to the Human Rights Committee, the Government indicates that the Ministry of Justice has worked hard to get the sentence reduction system, as a whole, up and running, including by establishing a sentence reduction committee in each court of appeal. The replacement of short prison sentences by community service sentences, together with the other sentence reduction measures provided for in Acts Nos 2000-38 and 2000-39 of 29 December 2000 and the implementing decree of 2001, facilitate the reintegration of convicted persons into working society. Alternative sentences of this kind give beneficiaries the opportunity to take positive action and give back to society and deter them from reoffending. The judge responsible for the execution of sentences chairs the prison advisory committee for sentence reduction, which is responsible for helping him or her to determine the main features of the treatment that each convicted person will receive (see CCPR/C/SEN/5, paragraphs 52 and 60). The Committee therefore requests the Government to indicate the criteria by which judges grant authorization to associations wishing to receive persons sentenced to carry out community work and to specify the types of work they perform for those associations.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In reply to the Committee’s comments, the Government indicates in its report that the labour inspectorate and the labour courts see virtually no cases of forced or compulsory labour, let alone trafficking in persons of which workers are victims. In its report presented on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government also indicates that the National Anti-Trafficking Unit regularly involves law enforcement officials in its training programmes on trafficking in persons and smuggling of migrants, and that trafficking in persons in all its forms is severely punished under the law. Between 2013 and 2018, the budget of the National Anti-Trafficking Unit was increased from 20 million to 85 million CFA francs and its staff was reinforced. An electronic data collection system, known as SYSTRAITE, has been in place since 2016 and members of the judiciary have gained knowledge of it through training. The Committee further notes that, according to information available on the website of the United Nations Office on Drugs and Crime, for several years, the phenomenon of forced prostitution has been on the rise in the south-eastern Kédougou region of Senegal. Hundreds of young women from all over the region are victims of trafficking. The traffickers promise them jobs as models, hairdressers and restaurant or domestic workers. Most of them have their travel documents confiscated and are then forced into prostitution on behalf of traffickers in order to reimburse the so-called travel expenses. In this regard, the Committee notes that, in its report of 31 July 2019 presented to the UN Committee on the Elimination of Discrimination against Women, the Government indicates that awareness-raising activities have been organized with the support of partners, particularly in the gold panning sites where trafficking for sexual exploitation purposes takes place (Kédougou Region). The annual report of the National Anti-Trafficking Unit, submitted to the Prime Minister on 25 January 2018, summarizes the situation of trafficking in Senegal and comprises recommendations on policies to be implemented. The National Anti-Trafficking Unit also commissioned a study on trafficking in persons through domestic servitude, as well as a study to review the specific normative framework on trafficking in persons, conduct a documentary review of trafficking in persons, migrant smuggling and victim protection, analyse data on the phenomenon and formulate recommendations. The latter proposes a new law that incorporates the definition of article 3 of the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. As for the SYSTRAITE data collection system, the experimental phase covers judicial proceedings and will be tested in five pilot regions in 2019 (see CEDAW/C/SEN/8, paragraphs 74 and 77–79). The Committee also notes that, in its national report submitted to the UN Human Rights Council of 30 August 2018, the Government indicates that Senegal is now implementing its third two-year action plan to combat trafficking in persons, covering the period 2018–2020. Capacity-building for the judiciary and other officials continues and the number of specialized justice officials is growing (see A/HRC/WG.6/31/SEN/1, paragraphs 38–40). The Committee also notes that, in its most recent concluding observations, the UN Human Rights Committee expressed concern at the extremely limited number of prosecutions and convictions under Act No. 2005-06, of 10 May 2005, on combating trafficking in persons and similar practices, particularly the exploitation of women and children (CCPR/C/SEN/CO/5, 7 November 2019, paragraph 30). The Committee therefore urges the Government to increase its efforts and to take measures with a view to ending, preventing and combating trafficking in persons for both sexual and labour exploitation. Furthermore, the Committee encourages the Government to continue its efforts to strengthen the capacity of the law enforcement bodies, including the labour inspectorate, in order to enable them to better understand and identify practices of trafficking in persons for purposes of sexual and labour exploitation and to prosecute the perpetrators. The Committee requests the Government to communicate information on the measures taken to coordinate their efforts and the results achieved so that traffickers are effectively prosecuted and victims can receive adequate protection and assistance to assert their rights and reintegrate. Please also indicate the number of legal proceedings initiated and, if applicable, a copy of any court decisions handed down, and the penalties imposed. Noting that the study commissioned by the National Anti-Trafficking Unit proposes a new law on trafficking in persons, the Committee requests the Government to provide information on any legislative changes that have occurred. The Committee also requests the Government to provide a copy of the action plan to combat trafficking in persons and information on its implementation, as well as a copy of the most recent annual report of the National Anti-Trafficking Unit on the results achieved in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee noted the implementation of a workplan adopted by the National Unit to Combat Trafficking in Persons, in particular Women and Children (CNLTP) for the period 2012–14, based on the National Plan of Action, of which the four strategic objectives are: fostering a culture of prevention of trafficking in persons, improving the system for protecting victims, strengthening the intervention capacity of the actors involved and promoting research. The Committee previously requested the Government to provide information on the measures taken to achieve the strategic objectives of the National Plan of Action and to strengthen the capacities of the forces of order and the labour inspectorate to ensure that persons engaging in trafficking are effectively brought to justice and that victims are protected.

The Committee notes from the Government’s report that the annual workplan of the Ministry of Labour, adopted for 2016, includes plans to strengthen the capacities of the labour administration in relation to trafficking in persons. It also notes the joint annual report, prepared by the CNLTP, on the current situation and the implementation of the National Plan of Action. According to the report, training has been provided to those responsible for law enforcement with a view to harmonizing judicial action, which is crucial for the detection and repression of acts of trafficking. The Committee also notes the establishment of a database listing judicial action in relation to trafficking in persons. This database includes information on the identification, prosecution and conviction of those engaged in trafficking and the identification of victims. The Committee encourages the Government to continue taking measures with a view to the achievement of the strategic objectives of the National Plan of Action adopted by the CNLTP with a view to combating trafficking in persons. Noting the measures implemented between January 2012 and June 2014, the Committee requests the Government to provide information on the progress achieved and the obstacles encountered in combating trafficking in persons, and particularly on the number of prosecutions initiated and the nature of the protection provided to victims. Please also provide information on the database and on the manner in which this information is used to combat trafficking in persons. Recalling that the forces of order and labour inspection are essential links in the chain to combat trafficking in persons, the Committee encourages the Government to continue taking measures to reinforce their capacity for action.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Prisoners hired out to private enterprises and individuals. In its previous comments, the Committee noted that Decree No. 2001-362 of 4 May 2001 on procedures for the implementation and organization of penal sanctions allows detainees to work for the benefit of private operators either within or outside the prison. The hiring of prison labour to private individuals, companies or private law associations cannot occur without the consent of the prisoners concerned and without the working conditions of the prisoners hired out to private individuals approximating to those prevailing on the free labour market (sections 32, 38, 51 and 81). The Government indicated that prisoners who work for private entities give their consent verbally in a hearing before the relevant court, freely, without being under the menace of any penalty, or the loss of any right or advantage. The Committee notes the Government’s reply stating that it undertakes to provide the Committee with any further information on cases of the hiring of prison labour.

2. Community work. With reference to its previous comments, the Committee notes that the Government reiterates the information provided previously, namely that the sentence of community work has yet to be handed down by the judicial authorities because the follow-up committees in the community, which will be responsible for implementing this type of sentence, have not been established. The Government adds that it will inform the Committee of any developments in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In reply to the Committee’s comments, the Government has sent detailed information on measures taken to combat trafficking in persons. The Committee notes, in particular:

• -the activities carried out by the National Unit to Combat Trafficking in Persons, in particular women and children (CNLTP), which, by virtue of its structure, plays a role in coordinating and promoting measures to combat trafficking, both from the standpoint of strengthening the legislative framework and supporting the state actors and civil society involved in this mission;
• -the workplan adopted by the CNLTP for the 2012–14 period, on the basis of the National Plan of Action, which is built around four strategic objectives: fostering a culture of prevention of trafficking in persons; improving the system for protecting victims; strengthening the actors’ capacities of intervention; and encouraging research;
• -the organization, by the CNTLP, of awareness-raising and training activities, especially designed for magistrates, the labour inspectorate, criminal investigation officers and border police, media professionals;
• -the measures taken to strengthen the mandate and capacities of the law enforcement officials in regions at risk, such as those near artisanal gold mining sites;
• -the judicial proceedings initiated on the basis of a range of charges, including section 323 of the Penal Code (pimping) and Act No. 2/2005 concerning measures to combat trafficking in persons.

The Committee takes note of this information and encourages the Government to take all necessary measures to attain the strategic objectives laid down in the National Plan of Action and in the workplan adopted by the CNLTP for the 2012–14 period. The Committee asks the Government to provide information in this respect and to send a copy of the latest CNLTP annual report that should contain a review of the actions undertaken. Noting that the information on the judicial proceedings initiated mainly concerns matters of pimping or child begging, the Committee also requests the Government to describe the measures taken to strengthen the capacities of the police and labour inspectorate so that these bodies are able to better identify cases of trafficking in persons, both for purposes of sexual exploitation and labour exploitation, and to coordinate their action to ensure that persons engaging in trafficking are effectively brought to justice and the victims benefit from adequate protection and assistance, which would allow them to assert their rights and be reintegrated.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Prisoners hired out to private enterprises and individuals. The Committee previously noted that Decree No. 2001-362 of 4 May 2001 on procedures for the implementation and organization of penal sanctions allows detainees to work for the benefit of private operators (private individuals or companies), either within or outside the prison (section 38). Prison labour can only be hired to private individuals, companies or associations with the consent of the prisoners concerned (section 32), and the working conditions of prisoners placed with private persons are similar to those prevailing on the free labour market (see particularly sections 51 and 81). As regards prisoners working inside the prison, section 47 of the Decree states that any agent or beneficiary of prison labour shall pay a fee which does not represent a wage and the rate of which shall be set jointly by the minister responsible for the prison service and the Finance Minister. In this respect, the Government specified that the consent of prisoners to work for private entities is given verbally in a court hearing, and that it is given freely without the prisoners being subject to the threat of any penalty or the loss of a right or advantage.

The Committee requests the Government to provide statistical data in future reports on the number of prisoners working for private entities (either individuals or enterprises) and on the manner in which this work is organized. In the event that any contracts for the hiring of prison labour have been concluded between prisons and private entities, the Government is also asked to provide a copy of these contracts and give information on the rate of the fee that has to be paid by such entities and on the wages paid to the prisoners (sections 44 and 47 of Decree No. 2001-362).

2. Community work. The Committee notes that, in reply to its comments, the Government reiterates that the sentence of community work has not yet been handed down by the judicial authorities because the follow-up committees in the community, whose task will be to implement this type of sentence, have still not been established. This sentence, provided for under section 44-3 of the Penal Code, consists of unpaid work performed by convicted persons, with their consent, who have completed two-thirds of their sentence, for the benefit of public associations or associations that undertake works for the benefit of the community. The Committee requests the Government to specify whether it intends on taking measures to establish follow-up committees in the community so that the sentence of community work may be imposed and, if so, to indicate the criteria used by the courts to authorize associations wishing to avail themselves of convicted prisoners to perform community work and the types of work performed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of state employees to terminate their employment. In its previous comments, the Committee referred to the conditions governing the resignation of certain public servants who have attended the various administrative training schools, whose training expenses have been borne by the State and who have undertaken to serve the State for a certain period (sections 12(11) and 16 of Decree No. 77-429 on the organization of the National School of Administration and Magistrates, as amended, and sections 11 and 13 of Decree No. 84-501 on the organization and operating rules of the Military Health School). The Committee notes the Government’s confirmation that there has been no change in existing practice in this respect, namely that applications to resign submitted before the completion of the initially envisaged period of engagement are always accepted, and that such public servants are under the obligation to reimburse the costs of their training on a pro rata basis to the remaining period of their engagement.

2. Trafficking in persons. In reply to the Committee’s previous comments on the measures taken to combat trafficking in persons, the Government indicates in its report received in December 2010 that the National Plan to Combat Trafficking in Persons was adopted in October 2009 and that an inter-ministerial meeting on trafficking in persons was held in August 2010 with a view to the implementation of the Plan of Action. On that occasion, it was decided to establish, by ministerial order, a national unit to combat trafficking in persons and to create special border brigades responsible for monitoring movements of persons over borders. The Committee takes due note of these measures. It would be grateful if the Government would provide a copy of the national plan. Please also indicate whether the national unit to combat trafficking in persons has been established and, if so, provide information on the functions entrusted to it and the activities already undertaken, and particularly on the results of any studies that have been carried out with a view to obtaining precise data on trafficking in persons in Senegal so as to be able to assess its scope, nature and complexity. The Committee also requests the Government to indicate whether judicial prosecutions have been launched under Act No. 2/2005 to combat trafficking in persons and similar practices and to protect victims. Please provide copies of the court rulings handed down, with an indication of the penalties imposed.

Article 2(2)(c). Prison labour. 1. Prisoners hired out to private enterprises and individuals. The Committee previously noted that Decree No. 2001-362 of 4 May 2001 on procedures for the implementation and organization of penal sanctions allows detainees to work for the benefit of private operators (individuals or companies), either within or outside the prison (section 38), and that in practice a number of prisoners have been hired to private individuals to perform work outside the prison. The Committee noted in this respect that under international legislation prison labour can only be hired to private individuals, companies or associations with the consent of the prisoners concerned (section 32 of Decree No. 2001-362), and that the working conditions of prisoners placed with private entities shall be similar to those prevailing on the free labour market (see section 51 with regard to occupational safety and health and section 81 concerning remuneration). With regard to prisoners working inside the prison, under section 47 of the Decree, any agent or beneficiary of prison labour shall pay a fee which does not represent a wage and the rate of which shall be set jointly by the minister responsible for the prison service and the Finance Minister.

In its 2010 report, the Government indicates that the consent of prisoners to work for private individuals, companies or associations is given verbally in a court hearing. It adds that such consent is given freely, without the prisoners being subject to the threat of any penalty, nor of the loss of a right or advantage.

The Committee notes this information. It requests the Government to continue providing statistical data in future reports on cases of the hiring of prison labour to private individuals, with an indication of the work performed and the number of prisoners concerned. In cases in which contracts for the hiring of prison labour are concluded between prisons and private law entities, please also provide information on the rate of the fee that has to be paid by such entities (sections 44 and 47 of Decree No. 2001-362).

2. Community work. In its previous comments, the Committee requested the Government to provide information on the application in practice of the sentence of community work (unpaid work performed with their consent by convicted persons who have completed two-thirds of their sentence, for the benefit of public associations or associations authorized to undertake works for the benefit of the community – section 44(3) et seq. of the Penal Code). It requested the Government to indicate the criteria used to grant authorization to associations which so request and the type of work performed by prisoners for such associations. The Committee notes that in its report the Government indicates that a sentence of such a kind has still not been handed down by the judicial authorities, as follow-up committees in the community, entrusted with the implantation of this type of sentence, have still not been established. The Committee requests the Government, when the conditions have been fulfilled in which courts can hand down sentences of community work, to indicate in future reports the criteria used by the courts to authorize associations wishing to avail themselves of convicted prisoners to perform community work and to specify the types of work performed.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Freedom of State employees to terminate their employment. The Committee’s previous comments on this point referred to certain provisions of the general conditions of service of public servants, as well as to certain provisions of two decrees on the organization of the National School of Administration and Magistrates and the Military Health School respectively and, in general, to public servants who have been trained in various schools of administration and whose training expenses have been borne by the State.

(a) General conditions of service of public servants. With regard to the general conditions of service of public servants, the Committee noted that, under sections 88–90 of these conditions (issued under Act No. 61-33 of 15 June 1961), public servants may resign only by submitting a written request indicating their unequivocal desire to leave the administration or service and that such resignations took effect only once accepted by the authority vested with the power of appointment, which had to respond within one month. In its first comments on this matter, in 1982, the Committee noted the Government’s statement that these provisions concerned, in particular, persons for whom the State had borne in full the expense of their training following a free commitment on their part to serve for a certain period and that, in all other cases, any resignation was accepted in practice. The Committee notes that since then, the Government has invariably indicated that cases of the resignation of public servants being refused by the competent authority are rare and even non-existent and that, in practice, public servants who have expressed the wish to terminate their employment have always been able to do so, without paying any compensation. The Government also states that this applies even to persons trained in schools of administration.

(b) Particular case of public servants trained in certain schools of administration and whose training expenses have been borne by the State. With regard to this specific category of public servants, the Committee referred to sections 12(11) and 16 of Decree No. 77-429 on the organization of the National School of Administration and Magistrates, amended by Decrees No. 84-030 of 10 January 1984, No. 84-844 of 28 July 1984 and No. 87-995 of 3 August 1987, under which candidates other than professional candidates undertake to serve the State for 15 years following the completion of their studies, the duration of which is two years. It also referred to sections 11 and 13 of Decree No. 84-501 of 2 May 1984 on the organization and operating rules of the Military Health School, under which trainees accepted by the school undertake to serve the State for a period equal to that of their studies, plus a further ten years. In its report received in 2006, the Government acknowledged that, even if their resignation was always accepted in practice, in the event of such resignation, these public servants nonetheless had to reimburse the amounts paid for their training in proportion to the remaining period for which they had initially committed themselves to serving the State. The Government also specified that no penalties were imposed on them. In its last direct request, the Committee requested the Government to continue providing statistical information on cases in which public servants have resigned before the end of their period of service to the State and on those which have led to the payment of a financial reimbursement, indicating the manner in which this reimbursement was calculated. The Committee notes that, in its latest report received in August 2008, the Government indicates that these statistics are not available since cases in which public servants have resigned before the end of their period of service to the State are very rare.

The Committee takes due note of this information. It requests the Government to provide information on any changes in practice.

2. Article 2, paragraphs 1 and 2, subparagraph (c). Prison labour. Prisoners hired out to private enterprises and individuals. In its previous comments, the Committee requested the Government whether, in practice and in accordance with the provisions of section 38 of Decree No. 2001-362 of 4 May 2001 on procedures for the implementation and organization of penal sanctions, work by prisoners is carried out for the benefit of private operators (private individuals or companies), either within or outside the prison. The Committee notes the information provided by the Government in its latest report that statistics are available only on cases of prisoners being hired out to private individuals to carry out work outside the prison. The Government indicates that out of 191 prisoners hired out for this work, only 15 carried out work for the benefit of private entities, mainly natural persons, while the others carried out work for a catholic mission and a bakery. With regard to the remuneration of the prisoners, the Government refers to section 81 of Decree No. 2001-362.

Referring to paragraphs 59 and 60 of its 2007 General Survey on the eradication of forced labour, the Committee recalls that, provided the necessary safeguards exist to ensure that prisoners offer themselves voluntarily without being subjected to pressure or the menace of any penalty, such employment does not fall within the scope of the Convention. It also recalls that, while the formal consent of the prisoner concerned, free of any pressure or menace, is essential for the work concerned not to be regarded as forced labour within the meaning of the Convention, this consent is not sufficient to eliminate the possibility that it is given under the menace of the loss of a right or advantage. The Committee also considered that in assessing whether prison labour for private entities is voluntary, conditions approximating a free labour relationship are the most reliable indicator of the voluntariness of labour.

With regard to the consent given by prisoners to work for a private employer, the Committee notes that section 32 of Decree No. 2001-362 provides that work is compulsory for all persons sentenced to imprisonment for acts qualified as common law offences or crimes, but that prison labour cannot be hired to private individuals, companies or associations without the consent of the prisoners concerned.

As to the existence of conditions approximating a free labour relationship, the Committee notes that Decree No. 2001-362 contains provisions under which the working conditions of prisoners placed with private entities shall be similar to those prevailing in the free labour market. It notes in particular that, under section 81 of the Decree, prisoners admitted to the external placement and day-release schemes shall receive a remuneration equal to the wages and wage supplements of free workers in the same category carrying out the same work in the same place. With regard to prisoners working inside the prison, the Committee notes that, under section 47 of the Decree, any agent or beneficiary of prison labour shall pay a fee which does not represent a wage and that such rate shall be set jointly by the minister responsible for the prison service and the Finance Minister. The Committee also notes that, under section 51 of the Decree, the provisions of the laws and regulations on the health and safety of workers, as well as the specific regulations on the prevention and compensation for industrial accidents and occupational diseases are applicable to prison labour.

The Committee requests the Government to provide information on the manner in which the consent of prisoners is obtained to work for the benefit of private individuals, companies or associations, as required under section 32 of Decree No. 2001-362 of 4 May 2001, indicating in particular, whether that consent is given in writing. It also requests the Government to indicate the steps taken to ensure the free nature of that consent, including the existence of conditions enabling prisoners to accept the work on their own free will, without the menace of any penalty, including the loss of a right or privilege (advantage). The Committee also requests the Government to provide information on the rate of the fee mentioned in section 47 of Decree No. 2001-362 which has to be paid by agents or other beneficiaries of prison labour, as well as the elements allowing a comparison between the remuneration of the prisoners concerned and that of free workers in the same sector. Finally, the Committee requests the Government to continue providing information on cases of prison labour being hired out to private entities, indicating the nature of such entities as well as the type of work carried out. Please also provide information on the number of prisoners concerned specifying whether, in practice, prisoners work for private entities inside prisons.

Community work. In its previous comments, the Committee noted that the amendments made in 2000 to the Penal Code and the Code of Criminal Procedure have introduced an alternative sentence to imprisonment: work for the benefit of the community (consisting in unpaid work performed with his consent by a convicted person who has completed two-thirds of his sentence, for the benefit of public associations or associations authorized to undertake works for the benefit of the community (see sections 44-3 et seq. of the Penal Code)). While noting that the judge responsible for the execution of sentences rules on applications for the authorization of associations, determines the means of carrying out the work, ensures that the work is performed and, if necessary, visits the convicted person at his workplace, the Committee requested the Government to provide information on the criteria used to grant authorization of associations and on the types of work undertaken by prisoners for these associations. In reply, the Government indicated that such a sentence had not yet been handed down by the courts, since the external follow-up committees responsible for the enforcement of this type of penalty were not operational. It also emphasized that it was for the judge responsible for the execution of sentences alone to assess the possibility of granting authorization to an association to benefit from community work but that, in practice, no application for authorization had been submitted since the associations had not been informed of that possibility. While noting the information provided by the Government in its latest report that no sentence of work for the benefit of the community has been handed down to date by the Senegalese courts, the Committee requests the Government to indicate in its future reports whether the courts have handed down any sentences of such nature and, if so, to provide information on the criteria used by the judge to grant authorization to associations which request it.

3. Articles 1 (paragraph 1), and 2 (paragraph 1). Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the application in practice of Act No. 2/2005 on combating the trafficking of persons and similar practices and the protection of victims, of 29 April 2005, together with information on any other measures taken to prevent, suppress and punish the trafficking of persons and details of any difficulties encountered by the public authorities in this regard. The Committee’s previous comments also referred to a study, due to be carried out in 2006, aiming at developing the reference information by providing precise data on the trafficking in women, in order to allow the extent, nature and complexity of the trafficking phenomenon in Senegal to be assessed. The Committee notes that, in its latest report, the Government indicates that the study concerned has not yet been carried out. It notes the information provided by the Government that a national action plan on combating the trafficking of persons, in particular the trafficking in women and children, was drawn up in June 2008 and submitted to the Minister of Justice for adoption. The Committee also notes the information provided concerning measures to raise the awareness of the population and to train professionals, especially judges and members of the security forces. It notes the information that no cases relating to trafficking in persons have been referred to the Office of the Public Prosecutor. The Committee notes, however, that the Global Report on Trafficking in Persons published by the United Nations Office on Drugs and Crime (UNODC) in February 2009 indicates that investigations were opened and a number of persons arrested between 2003 and 2006 for crimes or offences related to trafficking. The Committee requests the Government to provide up to date information in its next report concerning the action taken to combat trafficking, in particular on the follow-up to the national action plan, the results of any study carried out in this area, as well as any court decisions handed down in accordance with Act No. 2/2005 on combating the trafficking in persons and similar practices and the protection of victims. If applicable, please provide a copy of the relevant court decisions.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 1(1) and 2(1) of the Convention. Freedom of state employees to terminate their employment. In its previous comments, the Committee drew the Government’s attention to the fact that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law and is thus incompatible with the Convention. All persons in the service of the State must therefore be able to leave the service at their own initiative within a reasonable period, either at specific intervals or with previous notice. The Committee notes the information provided by the Government in this respect on the application of sections 88–90 of Act No. 61-33 of 15 June 1961 issuing the general conditions of service of public servants. It notes, in particular, that the Government confirms that the resignation request of a public servant is always accepted in practice. The Government states that the longest procedure provided for under section 90 of the general conditions of service of public servants is not applied, as the decree which was to establish the arrangements for its application has never been adopted.

With regard to public servants for whom the State has borne the expense of their training, the Committee pointed out that they should be able to leave the service at their own initiative within a reasonable period, in proportion to the length of the studies financed by the State, or based on the proportional reimbursement of the cost incurred by the State. It noted that, under sections 12(11) and 16 of Decree No. 77-429, as amended up to 31 December 1987, establishing the organization of the National School of Administration and Magistrates, candidates other than professional candidates undertake to serve the State for 15 years following the completion of their studies, the duration of which is two years. The Committee also noted that, under sections 11 and 13 of Decree No. 84-501 of 2 May 1984 on the organization and operating rules of the military health school, trainees accepted by the school undertake to serve the State for a period equal to that of their studies, supplemented by ten years. The Committee asked the Government to provide concrete information on the manner in which, in practice, public servants who have benefited from such training are able to resign during the period of service to the State following the completion of their studies, on the financial reimbursement required, and, where appropriate, on the nature of the penalties imposed.

In its report, the Government states that the public servants for whom the State has borne the expense of their training may resign at any time. However, if the resignation occurs before the end of the period of service to the State, the public servant concerned must proportionally reimburse the expenses paid for his training. The financial reimbursement is calculated on a case-by-case basis. The user ministry initiates the procedure in collaboration with the Ministry of Finance, which is the only entity authorized to determine the amount paid by the State for the training and, if necessary, the rate of proportional reimbursement for the period already served by the public servant concerned. The Committee notes this information and asks the Government to continue providing, in its future reports, statistical information on cases in which public servants have resigned before the end of their period of service to the State and on those which have led to the payment of a financial reimbursement, indicating the manner in which this reimbursement was calculated.

2. Article 2(2)(c). Prison labour. Prisoners hired out to private enterprises and individuals. In its previous comments, the Committee asked the Government whether, in practice and in accordance with the provisions of section 38 of Decree No. 2001-362 of 4 May 2001 on procedures for the implementation and organization of penal sanctions, work by prisoners is carried out for the benefit of private operators (private individuals or companies), either within or outside prison establishments. In its report, the Government states that there have been no cases of prisoners having to carry out work for the benefit of private operators. The Committee notes this statement. It asks the Government to indicate in its future reports any cases in which labour carried out within a prison has been hired out to individuals and any cases in which prisoners have been hired out to individuals to carry out work outside a prison establishment. If so, please indicate the nature of the private operators and the work carried out, the scales setting the amount which has to be paid by such private operators and the manner in which prisoners are paid for the work performed.

Work for the benefit of society. In its previous comments, the Committee noted that the amendments made in 2000 to the Penal Code and the Code of Penal Procedure had introduced an alternative sentence to imprisonment: work for the benefit of society (unpaid work performed, with his consent, by a convicted person who has completed two-thirds of his sentence, for the benefit of public law associations or associations authorized to undertake works for the benefit of society – sections 44-3 et seq. of the Penal Code). While noting that the judge for the application of penalties rules on applications for the authorization of associations, determines the means of carrying out the work, ensures that the work is performed and, where necessary, visits the convicted person at his workplace, the Committee asked the Government to provide information on the criteria used to grant authorization to associations and on the types of work undertaken by prisoners for these associations. In reply, the Government states that this sentence has not yet been handed down by the courts, since the follow-up committees responsible for the enforcement of this type of penalty are not operational. It also emphasizes that it is for the judge for the application of penalties alone to assess the possibility of granting authorization to an association. In practice, however, no application for authorization has been submitted since the associations have not been informed of the possibility available to them under the legislation. The Committee notes this information and asks the Government to indicate in its future reports whether the courts have handed down any sentences of work for the benefit of society and, if so, to provide information on the criteria used by the judge to grant authorization to associations and the type of work undertaken by prisoners for these associations.

3. Articles 1(1) and Article 2(1). Trafficking in persons for the purposes of exploitation. In its previous comments, the Committee asked the Government to provide information on the application in practice of Act No. 2/2005 to combat the trafficking of persons and similar practices and to protect victims of trafficking, adopted on 29 April 2005, together with information on any other measures taken to prevent, suppress and punish the trafficking of persons and details of the difficulties encountered by the public authorities in that respect. The Committee notes that the Government states that, since this Act has been adopted only recently, information on its application will be provided once it has been implemented in practice. The Committee notes that a regional seminar on assistance for victims of human trafficking in western and central Africa was held in Dakar in May 2007, in which representatives from 12 countries in the region participated. The purpose of this meeting of experts was to strengthen contact and the exchange of experiences between the key players in the fight against trafficking in persons. The Committee also notes that the compendium of the research projects carried out by the International Organization for Migration (2005–07) refers to a study, scheduled for 2006, which aims to develop the reference information providing precise data on the trafficking of women, in order to assess the extent, nature and complexity of the trafficking phenomenon in Senegal. The Committee asks the Government to indicate whether this study has been completed and if any similar studies exist and to specify the conclusions thereof. It would also like the Government to provide information on the measures taken or envisaged to combat trafficking, in terms of both prevention (awareness-raising activities aimed at the population as a whole and at persons who are considered most vulnerable) and repression (awareness raising and training in respect of persons involved in combating trafficking, in particular police and magistrates). In this connection, please provide copies of any court decisions taken under Act No. 2/2005 to combat the trafficking of persons and similar practices and to protect victims of trafficking.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Freedom of persons in the service of the State to leave their employment (Articles 1, paragraph 1, and 2, paragraph 1, of the Convention)

1. In its previous comments, the Committee noted the provisions of sections 88-90 of Act No. 61-33 of 15 June 1961, issuing the general conditions of service of public servants, under the terms of which the written resignation of a public servant has to be accepted within one month by the authority vested with the power of nomination and only comes into effect on the date determined by that authority. In the event of refusal, the person concerned may appeal to the joint administrative commission. If the public servant leaves her or his functions before the date that is determined, she or he may be subject to a disciplinary penalty and, where appropriate, a deduction from the first payments received as a pension. The Committee notes that the Government has indicated on several occasions that, in practice, resignations are accepted and that these provisions were intended to cover public servants for whom the State had borne the expense of their training.

The Committee recalls that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law and is thus incompatible with the Convention. All persons in the service of the State must therefore be able to leave the service at their own initiative within a reasonable period, either at specific intervals or with previous notice. The Committee would be grateful if the Government would continue to provide information in future reports on cases in which the administrative authority refuses resignations by public servants and, where appropriate, the criteria used to justify such refusal, in the case of public servants for whom the State has not borne the expense of their training.

2. With regard to public servants for whom the State has borne the expense of their training, the Committee notes that, under sections 12(11) and 16 of Decree No. 77-429, as amended up to 31 December 1987, establishing the organization of the National School of Administration and Magistrates, candidates other than professional candidates undertake to serve the State for 15 years following the completion of their studies, the duration of which is two years. The Committee recalls that persons who have benefited from training at the expense of the State should be able to leave the service at their own initiative within a reasonable period, in proportion to the length of the studies financed by the State, or based on the proportional reimbursement of the cost incurred by the State. In view of the length of the commitment to serve the State envisaged in Decree No. 77-429 (15 years), such an obligation, in so far as it is enforced by the menace of any penalty, may have a bearing on compliance with of the Convention. The Committee therefore requests the Government to provide information on the manner in which, in practice, public servants who have benefited from such training may resign during the 15-year period following the completion of their studies and, where appropriate, the financial reimbursement required.

The Committee also noted that, under sections 11 and 13 of Decree No. 84-501 of 2 May 1984 on the organization and operating rules of the Military Health School, trainees accepted by the School undertake to serve the State for a period equal to that of their studies, supplemented by ten years. In the event of the unilateral rupture of this commitment, they undertake to reimburse their subsistence expenses, without prejudice to other penalties envisaged by law. The Committee would also be grateful if the Government would provide information on the manner in which these provisions are applied in practice, including the manner in which the reimbursement of training expenses is calculated and, as appropriate, the nature of the penalties imposed. More generally, the Committee requests the Government to ensure that persons in the service of the State, including those who have benefited from training, are able to leave their employment freely under the conditions referred to above (notice, proportional reimbursement), as the Committee does not have at its disposal all the texts on the organization of training schools for persons in the service of the State.

Article 2, paragraph 2(c). Prison labour

1. Prisoners hired out to private enterprises and individuals. In its previous comments, the Committee recalled that, under Article 2, paragraph 2(c), compulsory prison labour, to be excluded from the scope of the Convention, has to be a consequence of a conviction in a court of law; it has to be carried out under the supervision or control of a public authority; and the detainee must not be hired to or placed at the disposal of private individuals, companies or associations. However, the Committee has considered that work by prisoners for private enterprises or individuals may not be considered to be incompatible with the Convention where such work is carried out under conditions approximating a free employment relationship. This implies that such work must be subject to the consent of the prisoners concerned and that such consent must be corroborated by conditions of employment approximating those of a free employment relationship.

The Committee notes Decree No. 2001-362 of 4 May 2001 with respect to procedures for the implementation and organization of penal sanctions, supplied by the Government. It notes that work is compulsory for all persons convicted to prison sentences for acts qualified as crimes or common law offences. Work by prisoners includes, under the terms of section 38 of this Decree, labour within the prison, which may be hired to private individuals, or labour outside prison premises, either at the request of and for the account of public services and establishments, or the hiring of labour to private individuals, or on public sites. The Committee notes with interest that labour cannot be hired to private individuals, companies or associations without the consent of the prisoners concerned (section 32).

In view of the above, the Committee would be grateful if the Government would indicate whether, in practice and in accordance with the provisions of the legislation, work by prisoners is carried out for the benefit of private uses of their labour (private individuals or companies), either within or outside prison establishments. If so, the Committee requests the Government to provide information on the nature of these private uses of prison labour and the kind of work carried out for their account. Please also indicate the scales setting the amount which has to be paid by such private operators and the manner in which prisoners are paid for the work performed.

2. Work for the benefit of society. The Committee notes that the Penal Code and the Code of Penal Procedure were amended in 2000 by Act No. 2000-38 and Act No. 2000-39 of 29 December 2000, respectively. This reform introduced into the Senegalese judicial system the position of judge on the application of sentences and creates new penalties, including work for the benefit of society. Persons who are convicted (of either criminal or minor offences) may, after completing two-thirds of their sentence, be assigned to work for the benefit of society. Such unpaid work is performed for the benefit of public law associations or associations authorized to undertake works for the benefit of society, for a duration of between 40 and 240 hours. Work for the benefit of society may not be imposed in cases where the detainee refuses it or is not present at the hearing. The Committee also notes that, under sections 295-309 of Decree No. 2001-362 respecting procedures for the implementation and organization of penal sanctions, the judge on the application of sentences rules on applications for the authorization of associations. Public communities, public establishments and associations which wish to register work for the benefit of society also do so to the judge for the application of penalties with an indication of the nature and means of carrying out the works, and the number of jobs likely to be made available. The judge for the application of penalties bases her or his decision on the social utility of the works proposed and the prospects for social or vocational integration. The Committee also notes with interest that the judge for the application of penalties determines the means of carrying out the works (institutions, work to be performed, hours of work), ensures their implementation and, where necessary, visits the prisoner at the workplace.

So as to be able to assess the impact that work for the benefit of society may have on the application of the Convention, under the terms of which prisoners may not be placed at the disposal of private associations, the Committee would be grateful if the Government would provide information on the manner in which this penalty is applied in practice, and particularly on the criteria used to grant authorization to associations and the types of work undertaken by prisoners for these associations.

Trafficking in persons

The Committee notes that the Government has not provided any indications in reply to the information requested by the Committee in its general observation of 2000 relating to the measures adopted by governments to prevent, suppress and punish trafficking in persons. The Committee has received a copy of the Act to combat trafficking of persons and similar practices and to protect the victims of trafficking adopted on 29 April 2005. It notes with interest that section 1 defines trafficking of persons and provides for sentences of imprisonment of from five to ten years and for a fine amounting from 5 to 20 million francs. It also notes that the Act contains provisions with respect to the protection of victims and witnesses and in particular the possibility for victims to request to remain on the national territory temporarily or permanently as a resident or refugee.

The Committee requests the Government to provide information on the application of this Act in practice and on any other measure taken to prevent, suppress and punish trafficking of persons, as well as the difficulties encountered by the public authorities in this respect. Please refer to the Committee’s general observation of 2000.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has taken note of the Government’s reports received in 2000 and 2002.

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Freedom of persons in the service of the State to leave their employment. 1. In previous comments, the Committee pointed out the incompatibility between the Convention and the provisions of national laws and regulations which do not permit persons in the service of the State to leave their employment if they so wish. The provisions concerned are: (a) Act No. 61-33 of 15 June 1961 concerning the general conditions of service of public servants; (b) Decree No. 77-429, updated on 31 December 1987, establishing the organization of the National School of Administration and Magistrates; (c) Decree No. 84-501 of 2 May 1984 concerning the organization and operating rules of the Military Health School; and (d) the texts organizing training schools for persons called upon to serve the State. The Committee expressed the hope that the new texts that were to be adopted, according to the Government’s statement, would guarantee the freedom of state employees to leave their employment at their own initiative. The Committee also hoped that the Government would provide information on the application in practice of Act No. 90-02, establishing incentives for the voluntary departure for state employees. The Government’s last report indicates that around 2,600 employees benefited from the programme of voluntary departure during the period 1990-91. The report also indicates that Act No. 97-17 of 1 December 1997 issuing the Labour Code repeals Act No. 61-34 of 15 June 1961.

2. The Committee recalls that "the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Conventions relating to forced labour …" (see paragraph 68 of the General Survey of 1979). The Committee has emphasized on many occasions that all persons in the service of the State must be able to leave the service at their own initiative within a reasonable period, either at specific intervals, or with previous notice, and that persons who have benefited at the expense of the State from training which is in their own interests may be required to reimburse part of the cost incurred by the State in proportion to the remaining period for which they had committed themselves.

3. In these circumstances, the Committee notes in particular the reference made by the Government in its report to the Labour Code, section L.4 of which prohibits forced or compulsory labour. In this respect it notes, firstly, that under section L.287 of the Labour Code "all provisions contrary to the present Act, and particularly Act No. 61-34 of 15 June 1961 and its amendments, are repealed". The Committee also notes the transitional provisions set out in this section and in section L.288. Under these two sections, the legislative provisions referred to and the texts issued thereunder are not repealed with immediate effect, and their repeal only takes effect "as new institutions are established" (section L.287 of the Labour Code). Finally, the Committee recalls, as it emphasized in previous comments, that Act No. 90-02 is limited in time and that it does not cover certain public officials. Its limited scope is reflected in the low number of officials who benefited from the voluntary departure programme for the period 1990-91.

4. The Government has informed the Committee on several occasions that public officials in practice have the freedom to leave their employment through resignation. Nevertheless, the Committee requests the Government to indicate in its next report the measures which have been taken to repeal or amend the provisions of Act No. 61-33, Decree No. 77-429 and Decree No. 84-501, the texts organizing training schools, and those of laws and regulations respecting the conditions of service of particular categories of officials, so that persons in the service of the State have the freedom to leave their employment at their own initiative, either at specified intervals, or with previous notice. In this regard, the Committee requests the Government in particular to specify the new institutions, as envisaged in section L.287 of the Labour Code, that have been established to make effective the repeal of the provisions referred to in that section.

Articles 1, paragraph 1, and 2, paragraphs 1 and 2(c). Prison labour. 5. The Committee notes the Government’s reply in its last report to its general observation of 1998. In the view of the Committee, the information contained in this report touches upon several aspects of the application of the Convention, each of which is raised below. The Committee recalls that under the terms of Article 2, paragraph 2(c), prison labour is excluded from the scope of the Convention under the following conditions: (a) such work or service is the consequence of a conviction in a court of law; (b) said work or service is carried out under the supervision or control of a public authority; and (c) the said person is not hired to or placed at the disposal of private individuals, companies or associations. In this respect, the Committee recalls that conditions (b) and (c) are cumulative and apply independently. This means that the fact that the prisoner remains at all times under the supervision and control of a public authority does not dispense with the requirement to comply with the second condition, namely that the person is not hired to or placed at the disposal of private individuals, companies or associations (see paragraph 119 of the General Report in the report of the Committee for the 89th Session of the ILC and points 6 and 7 of the general observation of 2001). Finally, the Committee recalls that work by prisoners for private enterprises or individuals is not considered to be incompatible with the Convention where such work is carried out under conditions approximating a free employment relationship. This implies, firstly, that such work must be subject to the consent of the prisoners concerned given freely prior to any employment and without the threat of any penalty. Moreover, such freely given consent must be corroborated by conditions of employment (particularly in terms of wages and social security) approximating those of a free employment relationship (see in particular paragraphs 133 to 143 of the General Report in the Committee’s report for the 89th Session of the ILC and point 10 of the general observation of 2001).

6. Conviction in a court of law. The Committee notes that the Government’s report does not contain any indication on this matter. The Committee notes that in the past the Government provided the text of Decree No. 66-1081 of 31 December 1966 concerning the organization and rules for prisons. Under this Decree, only persons condemned to sentences of imprisonment may be subjected to forced labour, with detainees being excluded from it. Finally, the Committee notes that section L.4 of the Labour Code prohibiting forced or compulsory labour excludes from its scope "any work or service exacted from a person as a consequence of a conviction by the judicial authority". Having regard to these matters, the Committee requests the Government in its next report: (a) to indicate whether the relevant provisions of Decree No. 66-1081 are still in force; and (b) if not, to indicate whether it is section L.4 of the Labour Code which ensures compliance with the Convention on this point and to provide copies of any text implementing section L.4 in relation to prison labour.

7. Prisoners hired to private companies or individuals. The Committee notes that, according to the Government’s report, no prisons are administered by private profit-making companies. Furthermore, the Committee notes from the Government’s report that prison labour may take three forms: labour under the authority of the State, hired labour and labour under concession. The Committee understands from the information provided by the Government that the prison administration alone intervenes in labour under the authority of the State. However, it notes that the report also refers to "other users … who pay 50 CFA francs an hour in relation to work under the authority of the State". Under the system of hired labour, the Committee notes that prisoners are placed at the disposal not only of the administration, but also of private companies and individuals. With regard to labour under concession, the user is a private company on the basis of a contract concluded with the prison administration and the prisoner. Finally, the Committee notes that individuals may be admitted into prisons for the purposes of recruiting prisoners, although no indication is given as to the type of work concerned. The Committee also notes that prisoners may be employed outside prison premises by public authorities or for private companies. Finally, the Committee notes that the applicable texts were not provided by the Government in its last report, and also notes that Decree No. 66-1081 also covered prison labour.

8. The Committee requests the Government in its next report: (a) to indicate whether the three forms of prison labour concerned are still governed by Decree No. 66-1081 and, as appropriate, to provide any amendments made to this text, or any new text in force that has replaced it; (b) to provide copies of the model contract, if it exists, or copies of several contracts concluded between the prison administration, the prisoner and a company in the context of work under concession; (c) to indicate the identity of any users other than the prison administration that intervene in labour under the authority of the State; (d) to indicate the individuals who may intervene in prison labour and the types of work concerned (hired labour or other types); and (e) to describe the conditions under which prisoners are employed outside prison premises by private companies.

9. Prisoners hired to private enterprises or individuals and the consent of the prisoners concerned. The Committee notes that the Government’s report does not contain any information on this matter. The Committee also notes Decree No. 68-583 of 28 May 1968 amending and supplementing Decree No. 66-1081, a copy of which was provided by the Government with previous comments. Decree No. 68-583 makes the hiring of prison labour to private individuals, companies or associations subject to the "consent of the prisoners concerned …". The Committee therefore requests the Government in its next report: (a) to indicate whether Decree No. 68-583 is still in force; and (b) if not, to provide copies of the laws or regulations which ensure that the prior consent of prisoners is required before any work for private enterprises or individuals and, in this respect, to specify how in practice it is ensured that prisoners give their consent.

10. Prisoners hired to private companies or individuals and conditions of employment approximating those of a free employment relationship. With regard to the issue of the remuneration of hired labour (in so far as it concerns private companies and individuals), the Committee notes the Government’s indication, firstly, that the work is covered by a flat-rate payment and, secondly, that "users pay CFA 50 francs an hour". In the case of labour under concession, the Committee notes that, according to the information provided by the Government, remuneration is paid "according to the scales in force in the labour legislation". The Committee also notes that, when they are employed by individuals within prison premises, prisoners receive a wage "and other emoluments envisaged by the labour legislation". Finally, the Committee notes that in the past the Government had provided a copy of a Ministerial Order dated 8 May 1967 which set at 40 or 30 francs an hour, according to the region, "the fees intended for the remuneration of work by prisoners". The Committee therefore requests the Government to indicate in its next report: (a) the average remuneration actually received by prisoners in the context of hired labour and, if it is different, that actually received when they are employed by individuals within prison premises; (b) the scales of remuneration applicable to labour under concession and the average remuneration actually received by prisoners, after the deduction of social contributions; (c) the hourly rate of the guaranteed inter-occupational minimum wage in force as it applies to work identical to that performed by prisoners; (d) the working hours applicable to prisoners; and (e) whether prisoners are paid a higher rate for additional hours and the manner in which this rate is calculated.

11. Finally, with regard to social protection, the Committee notes that in the case of hired labour, prisoners are covered by the prison administration. The Committee also takes due note that, in the case of labour under concession, prisoners are covered by the Social Security Code and it appears to be the same where prisoners are employed by individuals within prison premises. The Committee requests the Government to indicate in its next report: (a) the actual composition of the social protection for prisoners covered by the prison administration for hired labour and whether this coverage is also applicable when prisoners work for private individuals or companies; and (b) the social benefits to which the Social Security Code gives prisoners entitlement.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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.

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

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. 1. For a number of years, the Committee has drawn the Government's attention to the fact that the provisions in its legislation imposing compulsory service for periods of between ten and 15 years are not in conformity with the Convention. The provisions in question are the following: Act No. 61-33 of 15 June 1961 respecting the general conditions of service of the public service; Decree No. 77-429, as updated on 31 December 1987, concerning the organization of the National School for the Training of Administrators and Public Officials; and Decree No. 84-501 of 2 May 1984 concerning the organization and operating rules of the Military Health School. The Committee requested the Government to take steps to ensure the freedom of public officials to terminate their employment.

2. In its last report received in 1997, the Government indicates that, while the provisions of Act No. 61-33 remain unchanged, the economic and social conditions in the country have changed, although public officials expressing the wish to terminate their employment have been able to do so, without paying any compensation, and this applies even to persons trained in schools of administration. The Government points out that it was in this context that it adopted a new Act in 1990 with the aim of introducing greater flexibility into the rules relating to the resignation of public officials.

3. The Committee notes the adoption of the Act in question (Act No. 90-02 of 2 January 1990) which introduces provisions for encouraging the voluntary departure of public officials and amends certain provisions of Act No. 61-33. Nevertheless, the Committee notes that under the terms of section 2 of the Act, its provisions are not applicable to magistrates, military personnel, teachers or health service personnel, whose conditions of service are fixed by special legislation. (Teachers and public health service personnel may exceptionally invoke the provisions of this Act provided that a suitable replacement is found.) Furthermore, under the terms of section 3 of Act No. 90-02, a resignation request may be refused for reasons based on the interests of the service; and, under section 1 of the 1990 Act, incentives for voluntary departure for state officials are available, under the terms of the present Act, to officials and other state employees who put in a request to terminate their employment by a specified date.

4. The Committee notes that the conditions applied to the freedom of state officials to terminate their employment go beyond those examined in paragraphs 67-73 of the 1979 General Survey on the abolition of forced labour, and that the new incentives for voluntary departure are only available to a limited number of state officials. The Committee once again recalls that persons employed in the service of the State should have the right to leave the service on their own initiative within reasonable time-limits, either at specified intervals or subject to a period of notice. Persons who have undergone training at the expense of the State should also be free to leave the service on their own initiative within reasonable time-limits proportional to the length of the studies financed by the State, or in return for reimbursement of the expense incurred by the State.

5. The Committee hopes that the Government will take the necessary measures in order to limit the conditions applied to the resignation of public officials and to ensure the freedom of all persons employed in the service of the State to terminate their employment. It would be grateful if the Government would provide information on the measures taken to repeal or amend Act No. 61-33 of 15 June 1961 to bring it into conformity with the stated practice, and to provide information on the application in practice of Act No. 90-02, especially information on the number of public officials who have benefited from the voluntary departure programme and the number whose requests has been refused (including the reasons for the refusal).

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments the Committee referred to the provisions on resignation, particularly in respect of persons who have received State-financed training, contained in the following texts: Act No. 61-23 of 15 June 1961 issuing the general conditions of service of the public service; Decree No. 77-429 updated on 31 December 1987, to organize the National School for the Training of Administrators and Public Officials; Decree No. 84-501 of 2 May 1984 to establish the organization and operating rules of the Military Health School. The above provisions impose compulsory service of from ten to 15 years.

The Committee noted the information supplied by the Government in its report, received in November 1993, to the effect that owing to the changes in the economic and social environment, new legislation was adopted in 1990 to make the rules on the resignation of public officials more flexible and to encourage voluntary departure by means of a bonus. It adds that, in practice, public officials wishing to leave the service, including those trained in schools of administration, have been allowed to leave the service without having to fulfil any obligations in return.

The Committee asks the Government to provide a copy of the provisions to encourage members of the public service to leave voluntarily, and to indicate how many officials were authorized to leave under the voluntary departure programme and how many were refused authorization.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

In its previous comments the Committee referred to the provisions on resignation, particularly in respect of persons who have received State-financed training, contained in the following texts: Act No. 61-23 of 15 June 1961 issuing the general conditions of service of the public service; Decree No. 77-429 updated on 31 December 1987, to organize the National School for the Training of Administrators and Public Officials; Decree No. 84-501 of 2 May 1984 to establish the organization and operating rules of the Military Health School. The above provisions impose compulsory service of from ten to 15 years.

The Committee notes the information supplied by the Government in its report to the effect that owing the changes in the economic and social environment, new legislation was adopted in 1990 to make the rules on the resignation of public officials more flexible and to encourage voluntary departure by means of a bonus. It adds that, in practice, public officials wishing to leave the service, including those trained in schools of administration, have been allowed to leave the service without having to fulfil any obligations in return.

The Committee asks the Government to provide a copy of the provisions to encourage members of the public service to leave voluntarily, and to indicate how many officials were authorized to leave under the voluntary departure programme and how many were refused authorization.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

In its previous comments, the Committee noted that under Act No. 61-23 of 15 June 1961 respecting the general conditions of service of public officials, resignation is effective only in so far as it is accepted; that a decision must be given within one month; that the decision is subject to administrative appeal; and that a public servant who ceases his duties before the date fixed by the competent authority may be liable to disciplinary sanctions. The Government stated that these provisions concern in particular persons whose training has been financed by the State and that the texts governing training schools provide that persons wishing to receive training must undertake to serve in the administration for a period of from ten to 15 years.

The Committee notes that under Decree No. 77-429, updated on 31 December 1987, to organize the National School for Administrators and Magistrates, candidates other than professional candidates must undertake to serve the State for 15 years upon leaving the School and that the period of studies is two years (section 12(11) and 16 of the Decree). The Committee requested the Government to supply information, including any relevant texts, on the possibilities available to public servants who are former students of the above School to resign subject to repayment of the amount disbursed by the State, or to indicate any other measures taken or contemplated to ensure that persons in the service of the State who are recruited by means of the admission exam to the National School for Administrators and Magistrates are free to leave their employment within a reasonable period.

The Committee also noted that under Decree No. 84-501 of 2 May 1984, to establish the organization and operating rules of the Military Health School, students undertake to serve for a period equal to the period of study plus ten years; in the event of unilateral termination of the engagement, students must reimburse maintenance grants without prejudice to other penalties provided for by law (sections 11 and 13). The Committee requested the Government to state the normal length of the period of study and the nature of the penalties which could be imposed.

The Committee notes that the Government's report does not contain information in reply to its comments. With reference to paragraphs 67-73 of its 1979 General Survey on the Abolition of Forced Labour, the Committee recalls that persons in the service of the State should be entitled to leave the service on their own initiative within a reasonable period, either at specified intervals, or with previous notice. Persons who have received training financed by the State should also be entitled to leave the service on their own initiative within a period proportional to the length of the training financed by the State, or subject to repayment of the amount disbursed by the State. The Committee expresses the strong hope that the Government will supply the information requested and will indicate the measures which have been taken or are envisaged in this respect to ensure that persons in the service of the State are free to leave their employment.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Freedom of persons in the service of the State to leave their employment

In its previous comments, the Committee noted that under Act No. 61-23 of 15 June 1961 respecting the general conditions of service of public officials, resignation is effective only in so far as it is accepted by the authority empowered to make appointments, whose decision must be given within one month and is subject to appeal. A public servant who ceases his duties before the date fixed by the competent authority for the acceptance of resignations may be liable to disciplinary sanctions.

The Committee took note of the Government's statement to the effect that these provisions concern, in particular, persons whose training has been entirely financed by the State after they have freely undertaken to serve for a certain period. The Government indicated that the rules governing such engagements are included in the texts organising training schools and that, persons wishing to receive training in these schools must, in addition to meeting the requirements for admission, undertake to serve in the administration for a period of five to 15 years.

The Committee took note of Decree No. 77-429 updated at 31 December 1987, to organise the National School for the Training of Administrators and Public Officials, included with the Government's report. The Committee noted that candidates other than professional candidates must undertake to serve the State for 15 years upon leaving the school and that the period of study is two years (section 12, subsection 11, and section 16 of the Decree).

Referring to paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee observed that persons in the service of the State should be entitled to leave the service on their own initiative within a reasonable period, either at specified intervals, or with previous notice. Persons who have received training financed by the State should also be entitled to leave the service on their own initiative within a reasonable period, proportional to the length of the training financed by the State, or subject to repayment of the amount disbursed by the State.

The Committee again requests the Government to supply information, including any relevant texts, on the possibilities available to public servants who are former students of the National School for the Training of Administrators and Public Officials, to resign subject to repayment of the amount disbursed by the State, or to indicate any other measures taken or contemplated to ensure that persons in the service of the State who are recruited by means of the admission examination to the National School for the Training of Administrators and Public Officials, are free to leave their employment within a reasonable period.

The Committee also took note of Decree No. 84-501 of 2 May 1984 to establish the organisation and operating rules of the Military Health School. The Committee noted that students admitted to the School undertake to serve for a period equal to the period of study plus ten years; in the event of unilateral termination of the engagement, students must reimburse maintenance grants without prejudice to other penalties provided for by law (sections 11 and 13 of the Decree). The Committee asks the Government to state the normal length of the period of study and the nature of the penalties other than the reimbursement of costs to the State.

The Committee also noted that the Government stated again that the rules governing engagements linked to training were included in the texts organising training schools. The Committee again requests the Government to provide a copy of the main texts organising training schools other than the National School for the Training of Administrators and Public Officials and the Military Health School.

The Committee also again requests the Government to indicate the criteria, other than the restrictions relating to training received, that determine the administrative authorities' decision to accept or refuse a resignation, and to provide information on the possibilities of appeal that exist for public officials whose application to resign is refused.

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

Freedom of persons in the service of the State to leave their employment

In its previous comments, the Committee noted that under Act No. 61-23 of 15 June 1961 respecting the general conditions of service of public officials, resignation is effective only in so far as it is accepted by the authority empowered to make appointments, whose decision must be given within one month and is subject to appeal. A public servant who ceases his duties before the date fixed by the competent authority for the acceptance of resignations may be liable to disciplinary sanctions.

The Committee took note of the Government's statement to the effect that these provisions concern, in particular, persons whose training has been entirely financed by the State after they have freely undertaken to serve for a certain period. The Government indicated that the rules governing such engagements are included in the texts organising training schools and that, persons wishing to receive training in these schools must, in addition to meeting the requirements for admission, undertake to serve in the administration for a period of five to 15 years.

The Committee takes note of Decree No. 77-429 updated at 31 December 1987, to organise the National School for the Training of Administrators and Public Officials, included with the Government's report. The Committee notes that candidates other than professional candidates must undertake to serve the State for 15 years upon leaving the school and that the period of study is two years (section 12, subsection 11, and section 16 of the Decree).

Referring to paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee observes that persons in the service of the State should be entitled to leave the service on their own initiative within a reasonable period, either at specified intervals, or with previous notice. Persons who have received training financed by the State should also be entitled to leave the service on their own initiative within a reasonable period, proportional to the length of the training financed by the State, or subject to repayment of the amount disbursed by the State.

The Committee requests the Government to supply information, including any relevant texts, on the possibilities available to public servants who are former students of the National School for the Training of Administrators and Public Officials, to resign subject to repayment of the amount disbursed by the State, or to indicate any other measures taken or contemplated to ensure that persons in the service of the State who are recruited by means of the admission examination to the National School for the Training of Administrators and Public Officials, are free to leave their employment within a reasonable period.

The Committee also takes note of Decree No. 84-501 of 2 May 1984 to establish the organisation and operating rules of the Military Health School. The Committee notes that students admitted to the School undertake to serve for a period equal to the period of study plus ten years; in the event of unilateral termination of the engagement, students must reimburse maintenance grants without prejudice to other penalties provided for by law (sections 11 and 13 of the Decree). The Committee asks the Government to state the normal length of the period of study and the nature of the penalties other than the reimbursement of costs to the State.

The Committee also notes that the Government again states in its report that the rules governing engagements linked to training are included in the texts organising training schools, and requests the Government to provide a copy of the main texts organising training schools other than the National School for the Training of Administrators and Public Officials and the Military Health School.

The Committee again requests the Government to indicate the criteria, other than the restrictions relating to training received, that determine the administrative authorities' decision to accept or refuse a resignation, and to provide information on the possibilities of appeal that exist for public officials whose application to resign is refused.