Forced Labour Convention, 1930 (No. 29) - Egypt (Ratification: 1955)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Legislative and institutional framework and law enforcement. The Committee previously requested the Government to provide information on the application of Act No. 64 of 2010 on Combating Human Trafficking in practice, as well as the measures taken to combat trafficking in persons within the framework of the third National Plan of Action (NAP) against Human Trafficking (2016–21) and the results achieved.

The Committee notes the Government’s detailed information in its report on the measures undertaken within the framework of the third NAP, 2016–21. According to this information: (i) eight specialized judicial chambers were assigned to handle cases related to trafficking in persons; (ii) the Department of Illegal Migration and Human Trafficking was established in the Ministry of Interior’s Anti-Drug and Organized Crime Sector; and (iii) a unit for illegal migration and human trafficking was set up at all security directorates in the governorates. The Government indicates that these measures have led to a steady increase in the number of investigations on human trafficking cases. The Committee also notes the Government’s information that 21 specialized trainings were conducted, for a total of 673 officials, including prosecutors, judges, police, social workers, members of civil society organizations, public information officers, diplomats and media officials. These trainings which were conducted through mutual cooperation and collaboration with the International Organization for Migration (IOM) and the United Nations Office on Drugs and Crime (UNODC), focused mainly on the identification of victims of trafficking, assistance and applying victim referral mechanisms, procedures for international collaboration, investigation, prosecution and application of penalties. In addition, the National Council for Childhood and Motherhood (NCCM) issued several guidance manuals for law enforcement officials on evidence collection, investigation and prosecution of trafficking in persons offences. Moreover, the Government has signed 12 bilateral agreements with other States to regulate the employment of Egyptian workers in these States and to protect their rights and ensure that they do not fall prey to the crime of human trafficking. A number of memoranda of judicial collaboration have been signed between the Egyptian Public Prosecution office and its counterparts in several States, particularly in the area of combating organized crime, including human trafficking. The Committee further notes the Government’s information that in 2019, there were 154 reported cases of trafficking in persons, resulting in 10 convictions and one acquittal, while 31 cases were dismissed and 112 cases are pending. With regard to the penalties imposed on perpetrators of trafficking in persons, the Committee notes that Act No. 64 of 2010 provides for penalties involving life imprisonment and fines (section 6) and imprisonment for anyone who induces another to commit a crime of trafficking in persons (section 10). However, the Government has not provided any information concerning the penalties imposed for the ten convictions obtained in 2019. The Committee requests the Government to continue to provide information on the application of Act No. 64 of 2010 on Combating Human Trafficking in practice, including the number of investigations, prosecutions and convictions, as well as the specific sanctions imposed on perpetrators of trafficking. It also encourages the Government to continue its efforts to combat trafficking in persons including through the adoption of a new NAP and to continue providing information on the measures taken in this regard.

Prevention. The Committee notes the Government’s information that several publications and booklets were issued, videos and films were aired, and interviews and images were released on various medias to raise the public awareness to the dangers of trafficking in persons, and to measures to address and report such cases. Moreover, awareness-raising events were organized, including the marking of the World Day Against Trafficking in Persons with the participation of diplomatic missions and UN agencies in Egypt, along with all concerned national bodies; and through participation in the global “Blue Heart Campaign” to fight human trafficking. The Government also indicates that measures were taken to increase the channels for reporting the crime of trafficking in persons, including through raising the capacity of the hotlines at the NCCM, the National Council for Women (NCW) and the National Council for Human Rights (NCHR). The Committee encourages the Government to continue its efforts to prevent trafficking in persons and to provide information on the measures taken in this regard.

Protection and assistance to victims. The Committee notes the Government’s information that the National Referral Mechanism for victims of trafficking, which includes all law enforcement bodies, the NCW , the NCCM, the NCHR and other authorities competent to identify victims of trafficking, is operational since 2012. The Government further provides detailed information on the procedure to be followed in the event of identifying a victim of trafficking or after receipt of a complaint relating to human trafficking. This includes referring the victims to a shelter with appropriate assistance. The NCCM received five complaints in 2019 which were referred to the Public Prosecutor’s Office while the victims were referred to the shelter for victims of trafficking and provided with appropriate services. The Committee also notes the Government’s indication that the Legal Committee of the National Coordinating Committee for Combating and Preventing Illegal Migration and Trafficking in Persons (NCCPIM & TIP) has finalized the draft law on the Assistance Fund for Victims of Human Trafficking to provide financial assistance to victims of trafficking for their rehabilitation and social integration programmes. The Committee requests the Government to indicate the progress made with regard to the adoption of the law on the Assistance Fund for Victims of Human Trafficking and to supply a copy, once it has been adopted. It also encourages the Government to continue taking effective measures, including through the National Referral Mechanism, to identify victims of trafficking and to ensure that they are provided with appropriate protection and assistance, as well as to provide information on the number of victims of trafficking who are accommodated in the shelter and are benefiting from such protection.

2. Freedom of career military personnel to leave their service. For a number of years, the Committee has been referring to section 141 of Act No. 232 of 1959, according to which military officers’ service may not be terminated until the application for resignation is accepted. The Committee noted that, under the above provision, the application to resign may be either accepted or refused. It also noted that section 141 does not establish the criteria to be used to decide whether a resignation request will be accepted. The Committee requested the Government to indicate the criteria in accepting or rejecting a resignation request by career military personnel.

The Committee notes the Government’s statement that Article 2(2) of the Convention excludes “any work or service exacted in virtue of compulsory military service laws for work of a purely military character” and hence this service in question does not fall within the scope of the Convention. Referring to paragraph 290 of the General Survey of 2012 on the Fundamental Conventions , the Committee recalls that under the Convention, career military personnel and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore once again requests the Government to indicate the criteria applied in accepting or rejecting a resignation request by career military personnel as well as the number of cases in which such requests were refused and the grounds for refusal.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1) and 2(1) of the Convention. Use of conscripts for non-military purposes. For a number of years, the Committee has been referring to section 1 of Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general (civic) service, according to which young persons (male and female) who have completed their studies, and who are surplus to the requirements of the armed forces, may be directed to work in the development of rural and urban societies, agricultural and consumers’ cooperative associations, and work in production units of factories. The Committee considered that these provisions were incompatible both with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which provide for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development. In this regard, the Government indicated that the draft amendments to Act No. 76 of 1973 were under examination by the legislative committee within the Ministry of Labour in order to be submitted without delay to the Parliament.

The Committee notes the Government’s information in its report that the draft amendments, which are in line with both the Conventions on forced labour are in the process of being finalized. The Government indicates that the amendments ensure that the participation of young persons in the civic service are done on a voluntary basis and that their rights are fully protected. In this regard, the Committee notes the Government’s information that according to the draft amendments, section 1 of the General (Civic) service states that the performance of civic service, which extends to one year, is a transitional stage between graduation and commencing employment. Male and female recruits are commissioned to perform civic service, specifying the priority areas of work, while the local committees identify the appropriate areas of work for their recruits according to each governorate’s needs. The recruits are liable to undergo training in specific programmes. In assigning civic service to young people, their preferences, proximity of the service unit, their specialization and qualifications are taken into consideration so that they perform their service in decent jobs. These recruits enjoy the same rights as government employees in respect of leave, work-related injuries and health care. After completion, the recruits are issued a certificate of performance which shall be added to their period of civil service. The Committee also notes the Government’s indication that no sanctions are imposed on recruits who have not performed their civic service. It further notes the Government’s information concerning the grounds for granting exemptions from civic services.

The Committee observes that the draft amendments to Act No. 76 of 1973, appear to establish the compulsory call-up to perform work of a non-military character, which falls within the scope of this Convention and hence should be prohibited. The Committee once again recalls that, as regards national service obligations imposed outside emergency situations, only compulsory military service is excluded from the scope of the Convention, subject to the condition that it is used “for work of a purely military character” (Article 2(2)(a)), this condition being aimed specifically at preventing the call-up of conscripts for public works or development purposes. In order to avoid any ambiguity in the interpretation and to bring the legislation into line with the Convention, the principle that such non-military tasks are restricted to emergencies or performed exclusively by volunteers should be clearly reflected in the legislation (see General Survey on the fundamental Conventions, 2012, paragraph 288). The Committee therefore urges the Government to take the necessary measures to ensure that Act No. 76 of 1973 is amended in such a way as to ensure that no young persons are obliged to perform civic service, except on a voluntary basis, in accordance with both Convention Nos 29 and 105. Noting the absence of information, the Committee once again requests the Government to provide information on the application of the above legislation in practice, including information on the number of persons who have performed such service on an annual basis, the number of persons who have applied for exemption from such service, the number of those whose applications have been refused and the reasons for such refusal.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the adoption of Act No. 64 of 2010 on Combating Human Trafficking and requested the Government to provide information on the application in practice of the Act. It also noted the adoption of the second National Plan of Action against Human Trafficking (2013–15).

The Committee notes the Government’s indication that, the National Plan Against Human Trafficking (2013–15) comprises three main objectives: (i) prevention, including the publication of reports/documents on vulnerable groups affected by trafficking in persons, the capacity building of law enforcement bodies, and the training of relevant civil society actors (teachers, social workers) on the issue of trafficking; (ii) protection, including the publication of guideline booklets on the protection provided to victims, the organization of training courses for the representatives of hotline services to provide advice and guidance to the victims, and the distribution of informative booklets in several languages in airports, ports, embassies and employment agencies; and (iii) criminal prosecution, including the organization of training courses for judges and prosecutors on the Combating Human Trafficking Act and the establishment of special anti-trafficking police units that would be developing a database on cases of trafficking in persons. Moreover, the Committee notes that a third National Plan of Action against Human Trafficking (2016–21) has been adopted and aims to maintain referral mechanisms, train law enforcement officials, and combat trafficking of street children.

While noting the measures taken, the Committee notes that the Government does not provide information on the number of investigations and prosecutions in cases of trafficking for labour or sexual exploitation. The Committee requests the Government to provide information on the measures taken to combat trafficking in persons within the framework of the third National Plan of Action against Human Trafficking (2016–21) and the results achieved. The Committee also requests the Government to provide information on the application of Act No. 64 of 2010 on Combating Human Trafficking in practice, indicating the number of prosecutions initiated, convictions and the penalties imposed on perpetrators of trafficking.

2. Freedom of career military personnel to leave their service. For a number of years, the Committee has been referring to section 141 of Act No. 232 of 1959, according to which military officers’ service may not be terminated until the application for resignation is accepted. The Committee noted that, under the above provision, the application to resign may be either accepted or refused. It also noted that section 141 does not establish the criteria to be used to decide whether a resignation request will be accepted.

The Committee notes an absence of information in the Government’s report on this point. Recalling that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to indicate the criteria applied in accepting or rejecting a resignation request. The Committee also requests the Government to provide statistical information on the number of resignation requests submitted, number of resignations accepted or refused and, if applicable, information on the grounds for refusal.

3. Freedom of public servants to leave their service. In its previous comments, the Committee referred to section 99 of Act No. 48 of 1978 on public services and section 97 of Act No. 47 of 1978 concerning civil servants in public administration, which regulate the resignation of public sector employees and public servants. The Committee noted that the decision to accept or reject a resignation request is taken within 30 days of its submission. If the decision is not notified within that period, the resignation is implicitly accepted, unless the request for resignation contains a condition or is coupled with a restriction, in which case a decision must be taken. Under these provisions, a request for resignation can be accepted or refused. The Committee also noted the Government’s indication that a draft law incorporating the right of public servants to resign without any condition and repealing the Act of 1978 was in the process of being adopted.

The Committee notes with interest that Act No. 47 of 1978 on public services was repealed by virtue of Act No. 81 of 2016 on the Civil Service. It notes that under section 69(2) resignation is one of the reasons of separation from service. It also notes that sections 169–173 of the Executive Regulations No. 1216 of 2017 on the Civil Service regulate the modalities of the resignation. Pursuant to section 169, civil servants may submit a request for resignation, which must be approved within 30 days. The approval of the resignation may be postponed if the request for resignation contains a condition or is coupled with a restriction, or for reasons related to the interests of the service, provided that the period of deferment shall not exceed 30 days.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1) and 2(1) of the Convention. Use of conscripts for non-military purposes. For a number of years, the Committee has been referring to section 1 of Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general (civic) service, according to which young persons (male and female) who have completed their studies, and who are surplus to the requirements of the armed forces, may be directed to work such as the development of rural and urban societies, agricultural and consumers’ cooperative associations, and work in production units of factories. The Committee considered that these provisions were incompatible both with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which provides for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development. In this regard, the Government previously indicated that a proposal had been submitted to the Committee on Law Revision at the Ministry of Social Solidarity to amend the Act on general (civic) service so as to provide for the voluntary nature of the service.

The Committee notes the Government’s indication in its report that, the draft amendments to Act No. 76 of 1973 were prepared and are under examination by the legislative committee within the Ministry of Labour in order to be submitted without delay to the Parliament. The Government also states that no sanctions have been imposed on reluctant young persons (male and female) who refuse to participate in the general (civic) service. The Committee recalls that, as regards national service obligations imposed outside emergency situations, only compulsory military service is excluded from the scope of the Convention, subject to the condition that it is used “for work of a purely military character” (Article 2(2)(a)), this condition being aimed specifically at preventing the call-up of conscripts for public works or development purposes (see General Survey on the fundamental Conventions, 2012, paragraph 288). The Committee strongly encourages the Government to take the necessary measures to ensure that Act No. 76 of 1973 is amended so that the participation of young persons in the general (civic) service is voluntary, in accordance with both Conventions Nos 29 and 105. Pending the revision, the Committee once again requests the Government to provide information on the application of the above legislation in practice, including information on the number of persons who have applied for exemption from such service, the number of those whose applications have been refused and any sanctions imposed in this connection.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the adoption of Act No. 64 of 2010 on Combating Human Trafficking and requested the Government to provide information on the application in practice of the Act.

The Committee notes the first National Plan of Action against Human Trafficking (2011–13), which covered four main strategic areas: prevention, protection of victims, prosecution and punishment of perpetrators, and promotion of national and international cooperation. For each of these areas, activities were identified, a time frame was established and the specific objectives to be achieved by the relevant institutions were defined. The Committee also notes the evaluation on the implementation of the Plan of Action prepared by the national Coordinating Committee for Combating and Preventing Human Trafficking. In this regard, the Committee notes the indication in the evaluation report that, due to the political turmoil in recent years, the implementation of certain programmes and activities in the framework of the National Plan of Action had to be postponed. The report indicated, however, that activities to combat and prevent trafficking would continue to be carried out in the context of the second National Plan of Action (2013–15).

The Committee notes further the Government’s statement that information on the criminal proceedings initiated under Act No. 64/2010 has been requested from specialized bodies and will be communicated as soon as it is available. The Committee requests the Government to provide information on the implementation of the second National Plan of Action against Human Trafficking (2013–15), indicating, in particular, the measures adopted and concrete results achieved. The Committee also requests the Government to provide information on the application in practice of Act No. 64/2010 criminalizing trafficking in persons, including on the number of convictions and specific penalties applied, as well as on any difficulties encountered by the competent authorities in identifying victims and initiating legal proceedings.

2. Freedom of career military personnel to leave their service. For a number of years, the Committee has been referring to section 141 of Act No. 232 of 1959, according to which military officers’ service may not be terminated until the application for resignation is accepted. The Committee noted that, under the above provision, the application to resign may be either accepted or refused. It also noted that section 141 does not establish the criteria to be used to decide whether a resignation request will be accepted.

With regard to its request concerning the measures taken to ensure compliance with the Convention, the Committee notes the Government’s statement that Act No. 232 relates to military services and, therefore, complies with the scope of the exception admitted by Article (2)(2)(a) of the Convention (work of military character). The Committee recalls, however, that while compulsory military service is excluded from the scope of the Convention when it is used “for work of a purely military character”, career military personnel may not be denied the right to leave the service in peace time within a reasonable period, for example, by means of notice of reasonable length (2012 General Survey on the fundamental Conventions, paragraph 290). The Committee therefore reiterates its hope that the Government will indicate the criteria applied in accepting or rejecting resignation requests submitted in accordance with section 141 referred to above, as well as the measures taken to ensure compliance with the Convention on this matter.

3. Freedom of public servants to leave their service. In its previous comments, the Committee referred to section 99 of Act No. 48 of 1978 on public services and section 97 of Act No. 47 of 1978 concerning civil servants in public administration, which govern the resignation of public sector employees and public servants. The Committee noted that the decision to accept or reject a resignation request is taken within 30 days of its submission. If the decision is not notified within that period, the resignation is implicitly accepted, unless the request for resignation contains a condition or is coupled with a restriction, in which case a decision must be taken. Under these provisions, a request for resignation can be accepted or refused. In this connection, the Committee had previously noted the Government’s indication that Act No. 48 of 1978 had been applied to a very limited number of cases since the enactment of Act No. 203 of 1991 concerning the public sector. Additionally, the Government indicated that a draft law incorporating the right of public servants to resign without any condition and repealing the Act of 1978 was in the process of being adopted.

The Committee notes the Government’s statement in its latest report that the resignation of civil servants prescribed by Acts Nos 47 and 48 of 1978 is regulated by rules which are in conformity with the Convention. Noting this information, the Committee requests the Government to supply copies of the regulations governing the resignation of civil servants mentioned above, so as to enable it to assess that public servants are able to leave their service.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously referred to section 375 of the Penal Code, according to which the use of violence, brutality, terror, threats or illegal practices is punishable with penalties of imprisonment where they interfere with the right of any person to work or with the right to employ or refrain from employing any person whatsoever. The Committee noted the Government’s repeated statement that section 375, although general in scope, is also applicable to cases involving the illegal exaction of forced labour. In its 2010 report, the Government indicated that no legal proceedings had been initiated under section 375 in connection with the exaction of forced or compulsory labour.

The Committee notes that the Government’s latest report contains no new information on the application in practice of section 375 with regard to forced labour cases. In this connection, the Committee observes that an absence or low number of investigations and legal proceedings may, in some cases, be indicative of a limited capacity of law enforcement services to identify victims or collect evidence, as well as a lack of awareness of the general public, which may prevent victims from seeking assistance and legal advice. In light of the above considerations, the Committee requests the Government to provide information on the measures taken or envisaged with a view to strengthening the capacity of law enforcement agents for the prevention and investigation of forced labour cases, as well as to sensitize the general public and raise awareness of labour exploitation, forced labour and related issues, and on the difficulties encountered in these areas. The Committee requests the Government to continue to provide information on the application in practice of section 375 of the Penal Code in relation to forced labour cases, including on the number of convictions and specific penalties applied.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1(1) and 2(1) of the Convention. Use of conscripts for non-military purposes. For a number of years, the Committee has been referring to section 1 of Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general (civic) service, according to which young persons (male and female) who have completed their studies, and who are surplus to the requirements of the armed forces, may be directed to work such as the development of rural and urban societies, agricultural and consumers’ cooperative associations, and work in production units of factories. The Committee considered that these provisions were incompatible both with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which provides for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development. In this regard, the Government previously indicated that a proposal had been submitted to the Committee on Law Revision at the Ministry of Social Solidarity to amend the Act on general (civic) service so as to provide for the voluntary nature of the service.

The Committee notes the Government’s statement that the promulgation of the abovementioned amendment has been delayed due to the absence of the legislative authority in the country. The Committee strongly encourages the Government to pursue its efforts to amend Act No. 76 of 1973, in order to ensure that participation of young persons in the general (civic) service is voluntary, in accordance with both Conventions Nos 29 and 105. Pending the revision, the Committee once again requests the Government to provide information on the application of the above legislation in practice, including information on the number of persons who have applied for exemption from such service, the number of those whose applications have been refused and any sanctions imposed in this connection.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career military personnel to leave their service. For a number of years, the Committee has been referring to section 141 of Act No. 232 of 1959, according to which the military officers’ service may not terminate until the resignation is accepted. The Committee previously noted that, under the above provision, the application to resign may be either accepted or refused. It also noted that section 141 does not establish the criteria to be used to decide whether a resignation request will be accepted.

The Committee previously recalled, referring to paragraphs 46, 96 and 97 of its General Survey of 2007 on the eradication of forced labour, that, under the Convention, career members of the armed forces who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. It therefore requested the Government to indicate the measures taken or envisaged to ensure compliance with the Convention.

The Committee notes that the Government’s report contains no information on this point. The Committee hopes that the Government will indicate, in its next report, the criteria applied in accepting or rejecting a resignation request made in accordance with section 141 referred to above, as well as the measures taken or envisaged to ensure compliance with the Convention on this point.

2. Freedom of public servants to leave their service. In its previous comments, the Committee noted section 99 of Act No. 48 of 1978 on the public services and section 97 of Act No. 47 of 1978 concerning civil servants in public administration, which govern the resignation of public sector employees and public servants. It noted that the decision to accept or reject the resignation request is taken within 30 days of its submission. If the decision is not notified within that period, the resignation is implicitly accepted, unless the request for resignation contains a condition or is coupled with a restriction, in which case a decision containing a reply must be taken. Under these provisions, a request for resignation can be accepted or refused.

The Committee notes the detailed explanations contained in the Government’s report, in particular the explanation of the cases in which the request for resignation contains a condition or is coupled with a restriction, as well as the explanation concerning the application of section 98 of Act No. 47 of 1978 and section 100 of Act No. 48 of 1978, in relation to the resignation of a public servant who is absent from his or her post without permission and without justification for more than 30 consecutive days per year. According to the Government, Act No. 48 of 1978 has been applied to a very limited number of cases since the enactment of Act No. 203 of 1991 concerning the public sector. Furthermore, the Government indicates in its report that a draft Act incorporating the right of public servants to resign without any condition and repealing the Act of 1978 is in the process of being adopted.

The Committee hopes that the necessary measures will be taken in the near future to bring the legislation into conformity with the Convention. Meanwhile, the Committee once again requests the Government to provide information on the application of sections 97 and 99 in practice, including the number of resignations refused and the reasons for their refusal. It also requests the Government to provide a copy of the Act mentioned by the Government in its report, as soon as it is adopted.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. For several years, the Committee has been drawing the Government’s attention to the general scope of the provisions of section 375 of the Penal Code, under which the use of violence, brutality, terror, threats or illegal practices is punishable with penalties of imprisonment where they interfere with the right of any person to work or with the right to employ or refrain from employing any person whatsoever. The Committee noted the Government’s repeated statement in its reports that section 375, though general in scope, is also applicable to cases involving the illegal exaction of forced labour. It requested the Government to provide information on its application in practice, in order to verify the dissuasive nature of the penalties which could be imposed on any person exacting forced labour. The Government indicates in its report that no legal proceedings have been instituted in connection with the illegal exaction of forced or compulsory labour. Noting this information, the Committee reiterates its hope that the Government’s next report will contain information on the application of section 375 of the Penal Code in practice, as soon as such information is available, so as to enable the Committee to ascertain that the penalties imposed for the illegal exaction of forced labour are really adequate and are strictly enforced in accordance with Article 25 of the Convention.

Trafficking in persons. The Committee notes with interest the adoption of Act No. 64/2010 punishing the trafficking in persons. It also notes that an Anti-Trafficking national action plan is in the process of being adopted. The Committee requests the Government to provide information on any criminal proceedings initiated under this Act, indicating the penalties imposed on perpetrators. Please also provide information on the measures taken or envisaged, in the context of the national action plan, to prevent, suppress and punish human trafficking.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1(1) and 2(1) of the Convention. Use of conscripts for non-military purposes. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 1 of Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general (civic) service, under which young persons, male and female, who have completed their studies and who are surplus to the requirements of the armed forces, may be directed to work, such as the development of rural and urban societies, agricultural and consumers’ cooperative associations and work in production units of factories. The Committee considered that these provisions were incompatible both with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which provides for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development.

The Committee previously noted the Government’s indication that a proposal had been submitted to the Committee on Law Revision at the Ministry of Social Solidarity to amend the Act on general (civic) service so as to provide for the voluntary nature of the service.

In its report, the Government once again indicates that general (civic) service is voluntary and that it does not include any compulsion or obligation, since the law does not provide for any penalty to be imposed on those who do not perform it. The Committee notes the statistics concerning the number of persons recruited for general (civic) service, as well as the number of persons exempted during the period from 2000 to 2009. It also notes the Government’s indication in its report received in 2009 that the amendment of the Act is still under discussion.

Noting that the Government’s latest report contains no new information on the revision of the Act concerning general (civic) service, the Committee reiterates the firm hope that this Act will soon be revised by clearly providing that participation of young persons in the general (civic) service is voluntary, in order to ensure the observance of the forced labour Conventions. Pending the revision, the Committee requests the Government to continue to provide information on the application of the above legislation in practice, including information on the number of persons who have applied for exemption from such service and the number of those whose applications have been refused.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career military personnel to leave their service. For a number of years, the Committee has been referring to section 141 of Act No. 232 of 1959, according to which the military officers’ service does not terminate until the resignation is accepted. The Committee has observed that, under the above provision, the application to resign may be either accepted or refused. It has also noted that section 141 does not establish the criteria used for deciding whether a resignation presented under its provisions will or will not be accepted.

The Committee has taken due note of the Government’s explanations of the principles governing the resignation of officers of the armed forces, being fully aware of the importance of ensuring the continuity of the service. It also noted the Government’s view expressed in its previous report that military service performed on a voluntary basis should not be considered forced labour, since persons who apply to that type of service know beforehand the rules regulating it.

However, the Committee recalled, referring also to paragraphs 46, 96 and 97 of its General Survey of 2007 on the eradication of forced labour that, under the Convention, career members of the armed forces who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. It therefore requested the Government to indicate the measures taken or envisaged in order to ensure compliance with the Convention.

Noting that the Government’s latest report contains no information on this issue, the Committee reiterates its hope that the Government will indicate, in its next report, the criteria applied in accepting or rejecting a resignation presented in conformity with section 141 referred to above, as well as the measures taken or envisaged in order to ensure compliance with the Convention on this point.

2. Freedom of public servants to leave their service. In its earlier comments, the Committee referred to the provisions governing resignation of employees contained in section 99 of Law No. 48 of 1978 concerning public sector employees and in section 97 of Law No. 47 of 1978 concerning civil servants in the public administration. According to these provisions, a worker may leave the service only after a decision to accept the resignation has been taken. A decision on the application to resign must be taken within 30 days after its submission. If no decision is taken, the resignation is considered as accepted, unless a request for resignation contains a condition or is coupled with a restriction, in which case a decision containing a reply needs to be taken.

The Committee observed that, under the above provisions, a request for resignation can be either accepted or refused and, therefore, the service is not automatically terminated after the expiration of a notice period. While having duly noted the Government’s repeated statement in its reports that provisions governing resignation aim at ensuring continued operation of the public utilities, the Committee again draws the Government’s attention to the explanations contained in paragraphs 96 and 97 of its General Survey of 2007 on the eradication of forced labour, where the Committee has considered 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.

The Committee expresses the firm hope that the necessary measures will be taken in order to bring section 99 of Law No. 48 of 1978 and section 97 of Law No. 47 of 1978 into conformity with the Convention, e.g. by eliminating a possibility to reject a resignation after the expiration of a notice period or by limiting provisions preventing workers from leaving their employment to emergency situations. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of sections 97 and 99 in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted that, under section 375 of the Penal Code, the use of violence, brutality, terror, menaces or illegal practices are punishable with penalties of imprisonment where they interfere with the right of any person to work or with the right to employ or refrain from employing any person whatsoever. The Committee noted the Government’s repeated statement in its reports that section 375, though general in scope, is also applicable to cases of the illegal exaction of forced labour, and requested the Government to provide information on its application in practice, in order to ascertain whether practical effect given to this section is compatible with Article 25 of the Convention.

The Government points out in its latest report that forced or compulsory labour is non-existent in practice in Egypt. It also reiterates that penalties provided for in section 375 are dissuasive to any person who may be tempted to force others to work.

While duly noting these indications, the Committee hopes that the Government will provide the information on the application of section 375 of the Penal Code in practice as soon as such information becomes available, in order to enable the Committee to assess its compliance with Article 25 of the Convention, which provides that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation of any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced”. In particular, the Government is requested to provide information on any legal proceedings which have been instituted under section 375 in connection with the illegal exaction of forced or compulsory labour and on any penalties imposed, if and when such information is available.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1(1) and 2(1) of the Convention. Use of conscripts for non-military purposes. For a number of years, the Committee has been referring to Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general (civic) service of young persons on completion of their studies. According to section 1 of the Act, young persons, male and female, who have completed their studies and who are surplus to the requirements of the armed forces, may be directed to work, such as development of rural and urban societies, agricultural and consumers’ cooperative associations and work in production units of factories. The Committee recalled that the Conference, while adopting the Special Youth Schemes Recommendation, 1970 (No. 136), had rejected the practice of making young people participate in development activities as part of their compulsory military service, or instead of it, as being incompatible both with the present Convention and Convention No. 105, which provides for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development.

The Committee previously noted the Government’s indication concerning a proposal submitted to the Committee on Law Revision at the Ministry of Social Solidarity to amend the Act on general (civic) service of young persons referred to above, so as to provide for the voluntary nature of the service. The Government indicates in its latest report that the amendment of the Act is still under discussion. It also reiterates that, as regards the application of the current legislation, civic service continues to be of a voluntary nature and no application for exemption from such service submitted by any person has been refused.

The Committee expresses the firm hope that the Act concerning general (civic) service of young persons will soon be amended by clearly providing that the participation of young people in the civic service programme is voluntary, in order to ensure the observance of the forced labour Conventions. Pending the amendment, the Committee requests the Government to continue to provide information on the application of the above legislation in practice, including information on the number of persons who applied for exemption from such service and those whose applications have been refused.

The Committee is again addressing a request on certain other points directly to the Government.

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career military personnel to leave their service. In its earlier comments, the Committee referred to section 141 of Act No. 232 of 1959, according to which the military officer’s service does not terminate until the resignation is accepted, and requested information on the application of this provision in practice. The Committee has observed that, under the above provision, the application to resign may be either accepted or refused. It has also noted that section 141 does not establish the criteria used for deciding whether a resignation presented under its provisions will or will not be accepted.

The Committee has taken due note of the Government’s explanations of the principles governing the resignation of officers of the armed forces, being fully aware of the importance of ensuring the continuity of the service. It has also noted the Government’s view expressed in the report that military service performed on a voluntary basis should not be considered forced labour, since persons who apply to that type of service know beforehand the rules regulating it.

However, the Committee recalls, referring also to paragraphs 46 and 96–97 of its General Survey of 2007 on the eradication of forced labour that, under the Convention, career members of the armed forces who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore hopes that the Government will indicate, in its next report, the criteria applied in accepting or rejecting a resignation presented in conformity with section 141 referred to above, as well as the measures taken or envisaged in order to ensure compliance with the Convention on this point.

2. Freedom of public servants to leave their service. The Committee previously noted section 99 of Law No. 48 of 1978 concerning public sector employees and their resignation. The Committee noted that a decision to accept the resignation shall be taken within 30 days after its submission; or, if no decision is taken, the resignation is considered as accepted, unless a request for resignation contains a condition, in which case a decision containing a reply needs to be taken. It follows from the wording of this section that a request for resignation can be either accepted or refused. The Committee has also noted that section 97 of Law No. 47 of 1978 concerning civil servants in the public administration contains similar provisions. While having duly noted the Government’s view expressed in the report that provisions governing resignation aim at ensuring continued operation of the public utilities, the Committee refers to the explanations contained in paragraphs 96–97 of its General Survey of 2007 on the eradication of forced labour. In those paragraphs the Committee indicates 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. The Committee therefore reiterates its hope that the necessary measures will be taken in order to bring section 99 of Law No. 48 of 1978, as well as section 97 of Law No. 47 of 1978, into conformity with the Convention, e.g. by eliminating a possibility to reject a resignation after the expiration of a notice period or by limiting provisions preventing workers from leaving their employment to emergency situations. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of sections 97 and 99 in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal.

Article 25. Penal sanctions. The Committee previously noted that, under section 375 of the Penal Code, the use of violence, brutality, terror, menaces or illegal practices are punishable with penalties of imprisonment where they interfere with the right of any person to work or with the right to employ or refrain from employing any person whatsoever. The Committee noted the Government’s repeated statement that section 375, though general in scope, is also applicable to cases of the illegal exaction of forced labour, and requested the Government to provide information on its application in practice, in order to ascertain whether practical effect given to this section is compatible with Article 25 of the Convention.

Since the Government’s report does not contain the information requested, the Committee asks the Government once again to supply the information on the application of section 375 of the Penal Code in practice, in order to assess its compliance with Article 25 of the Convention, which provides that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation of any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced”. In particular, please provide information on any legal proceedings which have been instituted under section 375 in connection with the illegal exaction of forced or compulsory labour and on any penalties imposed.

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

Articles 1(1) and 2(1) of the Convention. Use of conscripts for non-military purposes. For a number of years, the Committee has been referring to Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general (civic) service of young persons on completion of their studies. According to section 1 of the Act, young persons, male and female, who have completed their studies and who are surplus to the requirements of the armed forces, may be directed to work, such as in development of rural and urban societies, agricultural and consumers’ cooperative associations and work in production units of factories. The Committee recalled that the Conference, while adopting the Special Youth Schemes Recommendation, 1970 (No. 136), had rejected the practice of making young people participate in development activities as part of, or instead of, their compulsory military service, as being incompatible both with the present Convention and Convention No. 105.

The Committee has noted with interest the Government’s indication in its report that there is a proposal, which is currently before the Committee on Law Revision at the Ministry of Social Solidarity, to amend the Act concerning general (civic) service of young persons referred to above, so as to provide for the voluntary nature of the service. The Committee has also noted statistical information concerning the number of persons called up for general (civic) service and the number of persons exempted from such service.

The Committee trusts that the necessary measures will soon be taken to amend the Act concerning general (civic) service of young persons by clearly providing that the participation of young people in the civic service programme is voluntary, in order to ensure the observance of the forced labour Conventions. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of the above legislation in practice, including information on the number of persons who applied for exemption from such service and those whose applications have been refused.

The Committee is again addressing a request on certain other points directly to the Government.

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

The Committee has noted the Government’s reply to its earlier comments.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career military personnel to leave their service. In its earlier comments, the Committee requested information on the application in practice of section 141 of Act No. 232, of 1959, according to which the military officer’s service does not terminate until the resignation is accepted. The Committee has noted the Government’s repeated statement in its reports that provisions governing resignation aim at ensuring the good and regular functioning of the public utilities and have nothing to do with forced labour.

While noting the Government’s detailed explanations of the principles governing the resignation of officers of the armed forces and being fully aware of the importance of ensuring the continuity of the service, the Committee observes that, under the above provisions, the person seeking to resign must continue service in the armed forces until the resignation is accepted, which means that the service is not automatically terminated upon delivery of a resignation, since the application to resign may be refused. It also notes that section 141 of Act No. 232, of 1959, does not establish the criterion used for deciding whether a resignation presented under its provisions will or will not be accepted.

Referring to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, the Committee wishes to point out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore again requests the Government to indicate the criteria applied in accepting or rejecting a resignation presented in conformity with section 141 referred to above, as well as the number of cases in which such resignations were refused and the grounds for refusal.

2. Freedom of public servants to leave their service. The Committee has noted the Government’s explanations concerning the application of section 99 of the Law on the Public Service, No. 48, of 1978, which governs resignation of public servants. It has noted that, under this section, a decision to accept the resignation shall be taken within 30 days after its submission; if no decision is taken, the resignation is considered as accepted, unless a request for resignation contains a condition, in which case a decision containing a reply needs to be taken. It follows from the wording of this section that a request for resignation can be either accepted or refused. The Committee refers in this connection to the explanations contained in paragraphs 67 to 73 of its General Survey of 1979 on the abolition of forced labour, where the Committee has considered 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. The Committee therefore hopes that the necessary measures will be taken in order to bring section 99 into conformity with the Convention, e.g. by eliminating a possibility to reject a resignation after the expiration of a notice period or by limiting provisions preventing workers from leaving their employment to emergency situations. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 99 in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal.

Article 25. Penal sanctions. In its earlier comments, the Committee referred to section 375 of the Penal Code, which punishes the use of violence, brutality, terror, menaces or illegal practices where they interfere with the right of any person to work or with the right to employ or refrain from employing any person whatsoever. The Committee noted the Government’s repeated statement that section 375, though general in scope, is also applicable to cases of the illegal exaction of forced labour, and requested the Government to provide information on its application in practice, in order to ascertain whether practical effect given to this section is compatible with Article 25 of the Convention.

The Committee notes that the Government’s report does not contain the information requested. It therefore asks the Government once again to supply the information on the application in practice of section 375 of the Penal Code, in order to assess its compliance with Article 25 of the Convention, which provides that "the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation of any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced". In particular, the Government is requested to provide information on any legal proceedings which have been instituted under section 375 in connection with the illegal exaction of forced or compulsory labour and on any penalties imposed. The Committee hopes that such information will be supplied by the Government in its next report.

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

Articles 1(1) and 2(1) of the Convention. Use of conscripts for non-military purposes. For a number of years, the Committee has been referring to Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general (civic) service of young persons on completion of their studies. According to section 1 of the Act, young persons, male and female, who have completed their studies and who are surplus to the requirements of the armed forces, may be directed to work, such as development of rural and urban societies, agricultural and consumers’ cooperative associations and work in production units of factories. The Committee referred to paragraphs 49 to 62 of its General Survey of 1979 on the abolition of forced labour where it recalled that the Conference, while adopting the Special Youth Schemes Recommendation, 1970 (No. 136), had rejected the practice of making young people participate in development activities as part of their compulsory military service, or instead of it, as being incompatible both with the present Convention and Convention No. 105, which provides for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development.

The Committee has noted the Government’s repeated statement in its reports that performing the general (civic) service does not include any compulsion or obligation, since the law does not provide for any penalty to be imposed on those who have not performed it. The Government reiterates that such service is meant to be voluntary. On the other hand, the Government referred to exemption of some categories of young persons from such service and indicated that conscripts may be also exempted from it upon their request. The Government has also repeatedly stated that the services defined by the above Act are considered social and rural services provided in the direct interest of the local community.

While noting these indications, the Committee considers that exemption of some categories of young persons from the service can only confirm the non-voluntary character of such service for other categories. Besides, a service cannot be deemed voluntary merely by the fact that a person may apply for exemptions, since the Convention defines the term "forced or compulsory labour" as work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.

The Committee further considers that, although the young people concerned may render services useful to the local population under the Act on general (civic) service, such services cannot come under the definition of "minor communal services" excluded from the scope of the Convention under Article 2(2)(e), since they do not satisfy the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory labour. These criteria are as follows: (1) the services must be "minor services", i.e. relate primarily to maintenance work; (2) the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group; (3) the members of the community or their direct representatives must "have the right to be consulted in regard to the need for such services". The Committee points out, referring also to paragraph 37 of its General Survey of 1979 on the abolition of forced labour, that the general (civic) service provided for under section 1 of Act No. 76 of 1973 (as amended by Act No. 98 of 1975) does not appear to satisfy the abovementioned criteria, since the level and magnitude of the services imposed are not limited as indicated above.

The Committee again draws the Government’s attention to paragraph 52 of its General Survey of 1979 on the abolition of forced labour, in which it pointed out that "the principle that only volunteers perform such service should be reflected in the legislation; so that there can be no question of indirect pressure, governments wishing to create a service for development purposes consisting of people who have joined the service quite freely could separate this corps from the compulsory national service … Should the development volunteers be excused from compulsory military service, this should take the form of an exemption and not be used as a means of pressure so that a civic service can recruit a number of people for whom there would in any case not be any place in the armed forces."

The Committee therefore hopes that the necessary measures will at last be taken in order to ensure the observance of the forced labour Conventions, both in legislation and in practice, for example by clearly providing that the participation of young people in the civic service programme is voluntary. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of the above legislation in practice, including information on the number of persons who applied for exemption from such service before the Ministry of Social Affairs and those whose applications had been refused.

The Committee is also addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the Government’s reply to its earlier comments.

1. Use of conscripts for non-military purposes. In its earlier comments, the Committee referred to Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general (civic) service of young persons on completion of their studies. According to section 1 of the Act, young persons, male and female, who have completed their studies and who are surplus to the requirements of the armed forces, may be directed to work, such as development of rural and urban societies, agricultural and consumers’ cooperative associations and work in production units of factories. Referring to paragraphs 49-62 of its General Survey of 1979 on the abolition of forced labour, the Committee recalled that the Conference, while adopting the Special Youth Schemes Recommendation, 1970 (No. 136), had rejected the practice of making young people participate in development activities as part of their compulsory military service, or instead of it, as being incompatible with the forced labour Conventions.

The Committee has noted the Government’s statement in the report that performing the general (civic) service does not include any compulsion or obligation, since the law does not provide for any penalty to be imposed on those who have not performed it. The Government reiterated that such service is meant to be voluntary. On the other hand, the Government referred to exceptions from the principle of voluntary participation authorized by the 1970 Recommendation. The Committee has also noted the Government’s repeated statement that the services defined by the above Act are considered social and rural services provided for the direct interest of the local community, and that persons who perform such services are members of the local community.

While noting these explanations, the Committee draws the Government’s attention to paragraph 52 of its General Survey of 1979 on the abolition of forced labour, in which it pointed out that "the principle that only volunteers perform such service should be reflected in the legislation; so that there can be no question of indirect pressure, governments wishing to create a service for development purposes consisting of people who have joined the service quite freely could separate this corps from the compulsory national service … Should the development volunteers be excused from compulsory military service, this should take the form of an exemption and not be used as a means of pressure so that a civic service can recruit a number of people for whom there would in any case not be any place in the armed forces".

As regards the Government’s reference to the 1970 Recommendation, the Committee recalls, referring also to paragraphs 56-62 of its 1979 General Survey, that the Conference indicated that exceptionally, legislative provisions may be made for compulsory participation in certain schemes, provided there is full compliance with the forced labour Conventions; in such cases participants should, to the greatest possible extent, be given a free choice among different available forms of activity and different regions within the country and due account should be taken in their assignment of their qualifications and aptitudes.

As regards the Government’s repeated statement that the general (civic) service can be considered as "minor communal services" within the meaning of Article 2(2)(e) of the Convention and therefore should be excluded from its scope, the Committee, with reference to paragraph 37 of its General Survey of 1979, wishes to draw the Government’s attention once again to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory labour. These criteria are as follows: (1) the services must be "minor services", i.e. relate primarily to maintenance work; (2) the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group; and (3) the members of the community or their direct representatives must "have the right to be consulted in regard to the need for such services". The Committee points out once again that the general (civic) service provided for under section 1 of Act No. 76 of 1973 (as amended by Act No. 98 of 1975) does not appear to satisfy the abovementioned criteria, since the level and magnitude of the services imposed are not limited; such general (civic) service therefore cannot be considered as "minor communal services" within the meaning of the Convention.

The Committee reiterates its hope that the necessary measures will be taken to bring the legislation into conformity with the Convention on that point, for example by amending it so as to provide clearly that the enrolment of young people in the civic service programme is based on their voluntary participation, in order to avoid any ambiguity in interpretation. Pending the adoption of such measures, the Committee requests the Government to supply information on the application of the above legislation in practice, including information on the number of persons who applied for exemption from such service before the Ministry of Social Affairs and those whose applications had been refused.

2. Freedom to leave the service. The Committee has previously requested information on the application in practice of section 141 of Act No. 232, according to which the officer’s service does not terminate until the resignation is accepted. The Committee has noted the Government’s repeated statement in its reports that provisions governing resignation aim at ensuring the good and regular functioning of the public utilities and have nothing to do with forced labour.

In order to ascertain whether the practical effect given to section 141 of Act No. 232 is compatible with the Convention, the Committee again asks the Government to provide information on the criteria applied in accepting or refusing a request for resignation, along with other relevant information on the acceptance in practice of such requests, such as the number of resignations accepted and refused, as well as the reasons for refusal.

The Committee has also noted the Government’s explanations concerning the application of section 99 of the Law on the Public Service, No. 48 of 1978, which governs resignation of public servants, and requests the Government to supply, with its next report, a copy of this law, as well as the information on the application of section 99 in practice.

3. Article 25. In its earlier comments, the Committee referred to section 375 of the Penal Code, which punishes the use of violence, brutality, terror, menaces or illegal practices where they interfere with the right of any person to work or with the right to employ or refrain from employing any person whatsoever.

While noting the Government’s repeated statement that section 375, though general in scope, is also applicable to cases of the illegal exaction of forced labour, the Committee requests the Government to provide information on its application in practice, in order to ascertain whether practical effect given to this section is compatible with Article 25 of the Convention, which provides that "the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation of any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced". In particular, please supply information on any legal proceedings which have been instituted under section 375 in connection with the illegal exaction of forced or compulsory labour and on any penalties imposed.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted that the Government’s report gives no further particulars in reply to its earlier direct requests. It must therefore return to the following points in a new direct request.

1. Use of conscripts for non-military purposes. The Committee previously referred to Act No. 76 of 1973 as amended by Act No. 98 of 1975 concerning general (civic) service of young persons on completion of their studies. Referring also to paragraphs 49-62 of its 1979 General Survey on the abolition of forced labour, the Committee recalled that the Conference, while adopting Recommendation No. 136 on special youth schemes, 1970, had rejected the practice of making young people participate in development activities either as part of their compulsory military service or instead of it, as being incompatible with the present Convention and also Convention No. 105 (which provides for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development). The Committee noted the Government’s repeated statement that the services defined by the said Act are considered social and rural services provided for the direct interest of the local community and that the members of the local community are represented in the local committees which determine the areas of work, its organization and follow-up. The Government also indicated that the joining of the programmes of general (civic) service is voluntary as any graduate may apply for an exemption from the service.

While noting these indications, the Committee considers that a service cannot be deemed voluntary merely by the fact that a person may apply for exemptions, since the Convention defines the term "forced or compulsory labour" as work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. The Committee further considers that although the young people concerned may render services useful to the local population under the Act on general (civic) service, these could come under the definition of "minor communal services" only if performed by the members of the community concerned, as stipulated in Article 2(2)(e) of the Convention. The Committee therefore reiterates its hope that the necessary measures will be taken to bring the legislation into conformity with the Convention on that point, for example by amending it so as to ensure that the enrolment of young people in the civic service programme is based on their voluntary participation.

2. Freedom to leave the service. In its earlier comments, the Committee asked the Government to provide information on the application in practice of section 141 of Act No. 232, according to which the officer’s service does not terminate until the resignation is accepted. The Committee noted the Government’s repeated statements in its reports, that the acceptance or refusal of resignations is a matter of organization and administration of manpower and is not related to forced labour.

The Committee once again refers to paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, that persons who have voluntarily entered the service - particularly career servicemen - may not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. In order to ascertain whether the practical effect given to section 141 of Act No. 232 is compatible with the Convention, the Committee asks the Government once again to provide information on the criteria applied in accepting or refusing a request for resignation, along with other relevant information on the acceptance in practice of such requests. The Committee reiterates its hope that the Government will provide the information requested. It also asks the Government once again to supply copies of the laws and regulations concerning employment in the public service which contain provisions on resignation.

3. Article 25. The Committee has previously referred to article 13 of the Constitution and section 375 of the Penal Code, which do not provide for specific penal sanctions for the illegal exaction of forced or compulsory labour. It observed that section 170 of the Labour Code, which prohibits the employer from requiring the work not agreed upon in the employment contract, only covers workers who fall within the scope of the Labour Code.

The Committee has taken due note of the Government’s statements that the right of any person to work includes the right to perform or not perform a job in total freedom, and that recourse to force to perform a job is considered a flagrant violation of the right to work. It recalls that Article 25 of the Convention provides that "the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation of any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced". The Committee reiterates its hope that the necessary measures will be taken to bring the national legislation into full conformity with the Convention (for example, by adding penal sanctions for the illegal exaction of forced labour specifically in the Penal Code by, for instance, amending the abovementioned section 375 to that effect, or in another suitable manner). The Committee asks the Government to provide, in its next report, information on the progress achieved in this regard.

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

The Committee notes the Government's reports.

1. Article 1(1) and Article 2(1) and (2), of the Convention: Use of conscripts for non-military purposes. The Committee had referred in its earlier comments to Act No. 76 of 1973 as amended by Act No. 98 of 1975 concerning general (civic) service of young persons. The Committee had referred to its 1979 General Survey on the abolition of forced labour (paragraphs 49-62) and recalled that the Conference, while adopting Recommendation No. 136 on special youth schemes, 1970, had rejected the practice of making young people participate in development activities as part of their compulsory military service or instead of it. The Committee notes from the Government's report that it believes that the services defined by the said Act are considered social and rural services provided for the direct interest of the local community and that the members of the local community are represented in the local committees which determine the areas of work, its organization and follow-up. Moreover, the joining of the programmes of general (civic) service is voluntary as any graduate may apply for an exemption from the service.

While noting these explanations, the Committee considers that a service cannot be deemed voluntary by the fact that a person may apply for exemptions. The Convention encompasses work or service for which people have not offered themselves voluntarily. The Committee further considers that although the young people concerned may render services useful to the local population under the Act on general civic service, these could come under the definition of minor communal services only if performed by the members of the community concerned, as stipulated in Article 2(2)(e). The Committee therefore again invites the Government to take measures to bring its legislation into full conformity with the Convention on that point, for example by amending the law so as to ensure that the enrolment of young people in the civic service programme is based on their voluntary participation.

2. Article 25 of the Convention. The Committee has previously referred to article 13 of the Constitution and section 375 of the Penal Code, which do not provide for specific penal sanctions for the illegal exaction of forced or compulsory labour. It observed that section 170 of the Labour Code, which prohibits the employer from requiring the work not agreed upon in the employment contract, only covers workers who fall within the scope of the Labour Code.

The Committee takes due note of the Government's statement that the right of any person to work includes the right to perform or not perform a job in total freedom. Recourse to force to perform a job is considered a flagrant violation of the right to work. The Committee invites the Government to take steps to bring its practice and legislation into full conformity with the Convention and to take measures for example to extend the specific protection offered by the Labour Code to all labour relations or by adding forced labour specifically in the Penal Code by, for instance, amending the above-mentioned section to that effect. The Committee asks the Government to provide full and detailed information in its next report on the measures taken in the matter.

3. Resignation in the service of the army or in the public service. The Committee had asked the Government to provide information on the practical application of section 141 of Act No. 232, and to provide information on the criteria applied in accepting or refusing a request for resignation along with information on the acceptance in practice of such requests. The Committee notes that a copy of the above-mentioned texts has been received. However the requested information is not contained in the Government's report. The Committee asks the Government to provide detailed information with its next report.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Use of conscripts for non-military purposes. In its earlier comments the Committee referred to Act No. 76 of 1973 (amended by Act No. 98 of 1975) concerning general (civic) service of young persons on completion of their studies. It asked the Government to provide information on the practical application of the above legislation, including information on the number of persons who applied for exemption from such service before the Ministry of Social Affairs and those whose applications had been refused.

The Government refers in its report to Ministerial Order No. 469/77 issued under Act No. 76 of 1973 which exempts from the obligation to perform general (civic) service certain categories of persons, such as those who have completed military service or obtained a temporary exemption from it, who reached the age of 30, who obtained certain university degrees, disabled persons and some other categories, as well as cases of force majeure approved by the Minister of Social Affairs. The Government indicates that the exemption of these categories has resulted in a marked decrease of the number of conscripts. The Committee observes, however, that the above-mentioned list of exempted categories appears to be exhaustive, and that consequently all other persons who do not belong to these categories seem to fall outside the scope of Ministerial Order No. 469/77 and are not covered by such an exemption, which means that the general (civic) service is not likely to be voluntary for them.

The Committee notes the Government's indications in the report concerning the establishment, under the above-mentioned Ministerial Order, of technical committees specialized in the areas of employment of conscripts, as well as local public service committees which supervise the application of the conscripts' working plans. It also notes that the local councils and the regional federation of associations of each governorate are represented on the committees. However, as regards the Government's repeated statement that the general (civic) service can be considered as "minor communal services" within the meaning of Article 2, paragraph 2(e), of the Convention and therefore should be excluded from its scope, the Committee, with reference to paragraph 37 of its 1979 General Survey on the abolition of forced labour, wishes to draw the Government's attention once again to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory labour. These criteria are as follows: (1) the services must be "minor services", i.e. relate primarily to maintenance work; (2) the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group; (3) the members of the community or their direct representatives must "have the right to be consulted in regard to the need for such services". The Committee points out once again that the general (civic) service provided for under section 1 of Act No. 76 of 1973 (amended by Act No. 98 of 1975) does not appear to satisfy the above-mentioned criteria and therefore cannot be considered as "minor communal services" within the meaning of the Convention.

The Committee therefore refers once again to paragraphs 49 to 62 of its 1979 General Survey on the abolition of forced labour where it recalled that the Conference, while adopting the Special Youth Schemes Recommendation, 1970 (No. 136), had rejected the practice of making young people participate in development activities as part of their compulsory military service, or instead of it, as being incompatible both with the present Convention and Convention No. 105 which provides for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development. The Committee hopes that the Government will take the necessary measures in order to ensure the observance of the Conventions on the abolition of forced or compulsory labour, both in legislation and in practice. It asks the Government to provide, in its next report, information on any progress made in this regard.

2. Article 25 of the Convention. In its earlier comments the Committee requested the Government to take the necessary measures in order to bring the national legislation into full conformity with this Article of the Convention, according to which "the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation of any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced". The Government refers once again to article 13 of the Constitution, to section 375 of the Penal Code and to section 170 of the Labour Code. The Committee is therefore obliged to draw the Government's attention once again to the following points: (1) article 13 of the Constitution, though it prohibits the illegal exaction of forced or compulsory labour, does not provide for specific penalties; (2) section 375 of the Penal Code punishes the use of violence, brutality, terror, menaces or illegal practices where they interfere with the right of any person to work or with the right to employ or refrain from employing any person whatsoever, but does not provide for penal sanctions for the illegal exaction of forced or compulsory labour and therefore does not give effect to this Article of the Convention; (3) section 170 of the Labour Code, which provides for the imposition of a fine if an employer requires a worker to perform work other than that agreed upon in the contract of employment, covers only workers who fall within the scope of the Labour Code and therefore does not punish any other cases of the illegal exaction of forced or compulsory labour which may occur outside the employment relationship covered by the Code. The Committee consequently points out that the above-mentioned provisions do not meet the requirements of this Article of the Convention and reiterates its hope that, in the course of the revision of the national legislation to which the Government referred in its earlier reports, the necessary measures will be taken to bring it into full conformity with the Convention (for example, by modifying the scope of section 375 of the Penal Code and reinforcing the sanctions prescribed, or in other suitable manner). The Committee asks the Government to provide, in its next report, information on any progress achieved in this regard.

3. In its earlier comments the Committee asked the Government, in connection with section 138(5) (as amended by Act No. 71 of 1973) and section 141 of Act No. 232 of 1959, to provide information on how these provisions are applied in practice to applications by officers of the armed forces to resign. The Committee has noted the Government's repeated indication in its reports that the acceptance or refusal of resignations is a matter of organization and administration of manpower and is not related to forced labour. The Government adds in its latest report that the acceptance or refusal of a resignation is subject to the personnel registrations of the armed forces.

The Committee wishes to draw the Government's attention once again to paragraphs 67 to 73 of its 1979 General Survey on the abolition of forced labour, and recalls that persons who have voluntarily entered the service -- particularly career servicemen -- may not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. In order to ascertain whether the practical effect given to section 141 of Act No. 232 is compatible with the Convention, the Committee asks the Government once again to provide information on the criteria applied in accepting or refusing a request for resignation, along with other relevant information on the acceptance in practice of such requests.

The Committee reiterates its hope that the Government will not fail to provide the information requested, together with copies of Act No. 232 of 1959, as amended by Act No. 71 of 1973, and all the laws and regulations concerning employment in the public service which contain provisions on resignation.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Use of conscripts for non-military purposes. In its earlier comments, the Committee asked the Government to provide information on the practical application of section 1 of Act No. 76 of 1973 (amended by Act No. 98 of 1975) concerning general service for young persons on completion of their studies, and of section 21(c) of Act No. 127 of 1980 respecting national military service.

The Committee notes the indication in the Government's report to the effect that the general service can be considered as "minor communal services" exempted from the scope of the Convention at Article 2, paragraph 2(e). The Committee wishes to refer to paragraph 37 of its General Survey of 1979 on the abolition of forced labour in which it reiterated the provision of the Convention and indicated that the services must be "communal services" performed "in the direct interest of the community" and not relate to the execution of workers intended to benefit a wider group and that the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the village council) must "have the right to be consulted in regard to the need for such services". The general service as provided for under section 1 of Act No. 76 of 1973 (amended by Act No. 98 of 1975) does not appear to contain the above-mentioned characteristics.

The Government indicates in its report that the general service is voluntary and the practical application of the Act shows that persons not desiring to participate in the scheme can apply for exemption before the Ministry of Social Affairs under section 3 of the Act modified as appropriate.

The Committee requests the Government to provide information on the practical application of the scheme including information on the number of persons who apply for exemption and those whose applications have been refused.

2. Article 25 of the Convention. In its previous comments, the Committee noted that article 13 of the Constitution prohibits the unlawful exaction of forced or compulsory labour but that no provision is made for specific penalties. In particular, section 375 of the Penal Code makes no provision in such cases. In the Labour Code, the penalty prescribed for an employer who requires a worker to perform work other than that for which he was engaged is a small fine (sections 54 and 170).

The Committee notes the Government's indication in its report that punishment provided for in relevant sections of the Labour Code is strong enough to dissuade employers from forcing workers to perform work other than that for which they were engaged. The Committee wishes to point out once again that persons not working in return for a wage and other categories of workers remain outside the scope of the Labour Code (sections 1 and 3).

The Committee recalls that Article 25 of the Convention requires the ratifying State to ensure that the unlawful exaction of forced or compulsory labour is made punishable as a penal offence and that the penalties are really adequate and strictly enforced.

The Committee notes in this regard the Government's reference in the report to section 375 of the Penal Code which punishes the use of violence, brutality, terror menaces or illegal practices with imprisonment and a fine where they interfere with: (1) the right of any person to work; or (2) the right of any person to employ or refrain from employing any person whatsoever. The Committee wishes to point out that the right of any person to refrain from working is not protected in the same manner as the situations covered by the above-mentioned provision.

Referring to the Government's earlier indication to the effect that it was reviewing the national legislation in order to bring it into line with international Conventions; that the labour legislation was being reviewed with ILO assistance; and that the Ministry of Manpower had set up working parties to re-examine ratified Conventions to ensure that they are strictly applied, the Committee hopes that, in the review of the legislation, the necessary steps will be taken to complete the legislation and bring it into full conformity with the Convention, for example, by modifying the scope of section 375 of the Penal Code and reinforcing the sanctions prescribed, or in any other suitable manner, and that the Government will indicate the action taken.

3. In its previous direct requests, the Committee asked the Government, in connection with sections 138(5) (as amended by Act No. 71 of 1973), and section 141 of Act No. 232 of 1959, to provide information on how these provisions are applied in practice to applications by officers of the armed forces to resign.

The Committee notes the Government's repeated indication in its report, that the acceptance or refusal of resignations is a matter of organization and administration of manpower and is not related to forced labour.

The Committee once again refers to paragraphs 67 to 73 of its General Survey of 1979 on the abolition of forced labour, and recalls that persons who have voluntarily entered the service - particularly career servicemen - may not be deprived of the right to leave the service in peace time within a reasonable period, either at specified intervals, or with previous notice.

The Committee wishes to ascertain whether the practical effect given to section 141 of Act No. 232 is compatible with the Convention. The Committee again asks the Government to provide information on the criteria applied in accepting or refusing a request for resignation, along with other relevant information on the acceptance in practice of such requests.

The Committee hopes that the Government will provide this information, together with the copies that the Committee has already requested of Act No. 232 of 1959 as amended by Act No. 71 of 1973 and all the laws and regulations concerning employment in the public service which contain provisions on resignation.

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

The Committee notes the indications provided by the Government in its report that the Government is reviewing the national legislation in order to bring it into line with international Conventions; that the labour legislation is being reviewed with ILO assistance; and that the Ministry of Manpower has set up working parties to re-examine ratified Conventions to ensure that they are strictly applied.

The Committee hopes that the current review will enable the requirements of the Convention to be taken fully into account and that measures will be taken to this end.

1. Use of conscripts for non-military purposes

In its comments, the Committee asked the Government to provide information on the practical application of section 1 of Act No. 76 of 1973 (amended by Act No. 98 of 1975) concerning general service for young persons on completion of their studies, and of section 21(c) of Act No. 127 of 1980 respecting national military service.

The Committee notes the information supplied by the Government in its report to the effect that the purpose of general service is to protect society, ensure the security of the nation and citizens as well as equality between persons performing this service and conscripts. The Committee has already referred in this connection to paragraphs 49 to 62 of its General Survey of 1979 on the abolition of forced labour. It recalls that the Conference, on adopting the Special Youth Schemes Recommendation, 1970 (No. 136), rejected the practice of making young people participate in development activities as part of their compulsory military service or instead of it, as being incompatible with both the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which calls for the prohibition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development.

It again requests the Government to provide detailed information on the practical effect given to the above legislation and on any measures taken in this respect to ensure observance of the Conventions on the abolition of forced and compulsory labour.

Article 25 of the Convention

In its previous comments, the Committee noted that article 13 of the Constitution prohibits the unlawful exaction of forced or compulsory labour but that no provision is made for specific penalties. In particular, section 375 of the Penal Code makes no provision in such cases. In the Labour Code, the penalty prescribed for an employer who requires a worker to perform work other than that for which he was engaged is a small fine (sections 54 and 170). Furthermore, persons not working in return for a wage and other categories of workers remain outside the scope of the Labour Code (sections 1 and 3).

The Committee recalls that Article 25 of the Convention requires the ratifying State to ensure that the unlawful exaction of forced or compulsory labour is made punishable as a penal offence and that the penalties are really adequate and strictly enforced.

The Committee hopes that, in the current review of the legislation, the necessary steps will be taken to complete the legislation and bring it into full conformity with the Convention, for example by modifying the scope of section 375 of the Penal Code and reinforcing the sanctions prescribed, or in any other suitable manner, and that the Government will indicate the action taken.

3. In its previous direct requests, the Committee asked the Government, in connection with sections 138(5) (as amended by Act No. 71 of 1973), and section 141 of Act No. 232 of 1959, to provide information on how these provisions are applied in practice to applications by officers of the armed forces to resign.

The Committee notes the Government's indication in its report, repeated from its previous report, that the acceptance or refusal of resignations is a matter of organization and administration of manpower and is not related to forced labour.

The Committee refers to paragraphs 67 to 73 of its General Survey of 1979 on the abolition of forced labour, and recalls that persons who have voluntarily entered the service - particularly career servicemen - may not be deprived of the right to leave the service in peace time within a reasonable period, either at specified intervals, or with previous notice. In order that it may ascertain whether the practical effect given to section 141 of Act No. 232 is compatible with the Convention, the Committee again asks the Government to provide information on the criteria applied in accepting or refusing a request for resignation, along with other relevant information on the acceptance in practice of such requests.

The Committee hopes that the Government will provide this information, together with the copies that the Committee has already requested of Act No. 232 of 1959 as amended by Act No. 71 of 1973 and all the laws and regulations concerning employment in the public service which contain provisions on resignation.

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

1. Use of conscripts for non-military purposes. In earlier comments, the Committee referred to Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general service for young persons on completion of their studies, Act No. 127 of 1980 respecting military and national service and Decision of the President No. 31 of 1981 which determines the governmental services and organs having a military status. It requested the Government to supply information on the practical application of section 1 of Act No. 76 of 1973 as amended as well as section 2, subsection 1(c), of Act No. 127 of 1980, such as the number of persons directed to the general service and the national work teams, respectively, and the contents of those services. It also requested the Government to supply details concerning the services, bodies and administrations under the Ministry of the Interior in which young people may be called up to perform their military service under section 1 of Decision of the President No. 31 of 1981.

The Committee notes the Government's indication that the government services concerned consider that these questions relate to national security and are subject to the special status applicable to questions dealing with military issues which, as in all countries, must remain secret. The Government indicates that youth recruited into the military and national service do not perform forced labour as contemplated by the Convention and that service in the military is based on a philosophy of maintenance of social solidarity. Moreover, the Government indicates in its report that military service is more of a duty than an obligation. The general service is not less important than the military service, since it gives effect to the principle of equality between young men and women and permits their participation in the protection of society and the economy.

The Committee refers to the explanations provided in paragraphs 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour where it recalled the Conference deliberations on the Special Youth Schemes Recommendation, 1970 (No. 136); the Conference rejected the practice of making young people participate in development activities as part of their compulsory military service or instead of it, as being incompatible with both the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), Article 1(b) of which calls for the abolition of any form of compulsory labour as a means of mobilising and using labour for purposes of economic development.

The Committee recalls the Government's indication in its reply to the 1987 direct request that young people of either sex are engaged in the various fields mentioned in section 1 of Act No. 76 of 1973 under the supervision of the Ministry of Labour and Social Affairs, and that they must have accomplished their service before taking up other employment. The Committee again requests the Government to supply detailed information on the practical application of the above legislation under the supervision of the Ministry of Labour and Social Affairs and on any measures taken in this connection to ensure the observance of the Conventions on the abolition of forced or compulsory labour.

2. Article 25 of the Convention. In its previous comments, the Committee noted that article 13 of the Constitution prohibits the illegal exaction of forced or compulsory labour, but does not provide for penalties; under section 375 of the Penal Code, the use of violence, brutality, terror, menaces or illegal practices are punishable with imprisonment and a fine where they interfere with (1) the right of any person to work, or (2) the right of any person to employ or refrain from employing any person whatsoever; but the right of any person to refrain from working is not protected in the same terms against the use of violence, etc. Under section 54 of the Labour Code, an employer may not require a worker to perform work other than that for which he was engaged, but a violation of this provision would appear to give rise only to a small fine under section 170, and by virtue of sections 1 and 3 of the Code, persons not working in return for a wage and various other categories of workers remain altogether outside the scope of sections 54 and 170 of the Labour Code.

The Committee notes that in its report, the Government refers to its earlier indication that section 375 of the Penal Code already provides for penalties and that there is no ground for adding further penalties or other sections.

The Committee must point out once again that Article 25 of the Convention requires the ratifying State to ensure that the illegal exaction of forced or compulsory labour is made punishable as a penal offence and that the penalties imposed by law are really adequate and are strictly enforced. The Committee hopes that the necessary measures will be taken to give effect to this requirement, by an appropriate amendment to the scope of section 375 of the Penal Code or in any other suitable manner, and that the Government will indicate the action taken.

3. In its previous direct requests, the Committee noted that section 138, subsection 5, of Act No. 232 of 1959 as amended by Act No. 71 of 1973, concerning the conditions of employment and promotion of officers in the armed forces, provides for an application by officers to resign and that, by virtue of section 141 of the same Act, the officers' service is not terminated until the resignation is accepted. The Committee requested the Government to supply information on the practical application of section 141 of the Act, for instance, the number of cases in which resignation was refused, the criteria applied to refuse the application for resignation, possibility of a re-application, etc. The Committee notes the Government's indication in its report, repeated from its previous report, that the competent ministry advises that acceptance of the resignation is a matter of the organisation and administration of manpower and that the number of cases of resignation are considered a secret. As for the Committee's request to supply copies of Act No. 232 of 1959 as amended by Act No. 71 of 1973 and any laws or regulations concerning employment in the public service which contain provisions governing resignation, the Committee notes the Government's indication that it was to request the departments concerned to send them.

The Committee recalls that the effect of statutory provisions preventing termination of employment 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. In order to be able to ascertain the compatibility of the practice under section 141 of Act No. 232 with the Convention, the Committee must have information on the criteria applied in accepting or refusing a request for resignation, and other relevant information on the acceptance in practice of such requests. Accordingly, the Committee looks forward to the Government's early sending of this information, together with the copies of laws and regulations which the Government has already requested from the departments concerned.