Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 29) sur le travail forcé, 1930 - Dominique (Ratification: 1983)

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1(1) and 2(1), (2)(a) and (d) of the Convention. National service obligations. The Committee had previously noted that under the National Service Act, 1977 persons between the ages of 18 and 21 are required to perform service with the National Service and that such service includes performing such duties as may be prescribed and, where possible, be engaged in development and self-help projects concerning housing, school, construction, agriculture and road building. Section 35(2) of the Act prescribes a penalty of a fine and imprisonment for failing to comply with this obligation. While noting the Government’s indication that section 35(2) had not been applied in practice, the Committee observed that this provision was not in conformity with the Convention and for a number of years, has been requesting the Government to formally repeal or amend it.

The Committee notes from the 2020 reply of the Government to the list of issues raised by the United Nations Human Rights Committee that the repeal of section 35(2) of the National Service Act has been included in the legislative agenda of the country (CCPR/C/DMA/RQAR/1 paragraph 59). The Committee recalls that the Convention explicitly provides for a limited number of cases in which ratifying States may exact compulsory labour from the population, particularly in the context of compulsory military service or normal civic obligations. However, the conditions under which compulsory work is exacted are strictly defined and the work or service involved must respond to specific requirements. The Committee observes that the work that could be exacted under the National Service Act does not correspond to any of the exceptions provided for under Article 2(2) of the Convention. In particular, it goes beyond the exception authorized under Article 2(2)(a) for work imposed under compulsory military service, which should be limited to work of a purely military character. Therefore, the Committee expresses the firm hope that the Government will take the necessary measures to ensure that the National Service Act is formally repealed or amended so as to bring the national legislation into conformity with the Convention, and it requests the Government to provide information in this respect. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

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