Ratification and Implementation of International Labour Conventions in Africa (African Regional Conference , 4th)

INTRODUCTION In a resolution concerning the work of the International Labour Organisation in Africa, the First African Regional Conference (Lagos, l960) called for the periodic re—examination by African member States of all international labour Conventions with a view to ensuring progressively the application and ratification of as many Conventions as possible. It also requested the Governing Body to examine the most appropriate means by which ILO regional conferences might highlight the special needs and problems of the regions concerned in regard to ILO standards. In his Reports to the Second and Third African Regional Conferences (Addis Ababa, 1964, and Accra, 1969), the Director-General provided a general summary of developments in regard to ILO standards in the region. When the African Advisory Committee, at its Fifth Session (Addis Ababa, September-October 1972), undertook a review and evaluation of the ILO's activities in Africa, it had before it a more detailed report conceming the impact of international labour standards in Africa. Following its discussion of this question, the Advisory Committee recommended that, as not all countries of the region were represented on the Committee, the problems which it had reviewed should likewise be brought before the African Regional Conference I and that, in this connection, arrangements should be made for the prior consultation of governments and of employers‘ and workers’ organisations on the documentation available. In accordance with the recommendation of the African Advisory Committee, the report which had been submitted to it was sent to the governments of all African member States and to the representative organisations of employers I Similar reviews of the situation with regard to selected Conventions have already been made by the Asian Advisory Committee and the Asian Regional Conference and are currently being undertaken through the ILO's regional meetings in the Americas. 1

Ratihcation and implementation ot Conventions in Africa and workers, for comment. Account has been taken in the present Report of all information received from these sources. Any comments submitted by empl0yers` or workers` organisations have been communicated to the governments of countries mentioned in them. Chapter l of this Report reviews the general position of African countries in regard to international labour Conventions. Chapters 2 to 5 examine in greater detail the extent of ratification and the problems encountered in the implementation of Conventions relating to employment policy, forced labour, basic aims and standards of social policy, and labour inspection} Chapter 6 recalls the conclusions of the African Advisory Committee on these questions. I l The following abbreviations are usedrto indicate the sources relied upon: "Submission" (ollowed by ymr)—u1formation concerning the submission of Conventions and Recommendations to the competent aothorities, supplied by governments in accordance with article 19 of the Consutution; “arttcle 19 report" (followed by year)—repor!s On unrautied Conventions and on Recommendations presented by governments in accordance with arhcle l9_of the LLO Constitutnon; "aruele 22 report" (followed by period covered)reports on rat11ied·Conventions presented by govemments in accordance with article 22 of the ILO Constitution; RCE" (followed by year)-Report of the Committee of Expert! on the Appltcatlan of Convention: and Recommendation:. 2

THE GENERAL POSITION OF AFRICAN COUNTRIES IN REGARD TO INTERNATIONAL LABOUR CONVENTIONS African States represent just under 30 per cent of the ILO’s l23 Members. On l July 1973 the number of ratiiications registered in respect of African States was 969, or roughly 25 per cent of the total of 3,955 ratifications for all States. The average number of Conventions ratified by African States was 25, as against 48 for European States, 35 for States in the American region and 17 for Asian States. The detailed ratification position among African States is given in table l. Table 1. Ratitications of Conventions by African States Country llilnuuxgigueécolg Country N\Q¤b¤{°*:L Algeria .......... 48 Kenya .......... 32 Burundi .......... 23 Lesotho I ........ 11 Cameroon: Liberia ......... 14 Entire territory ...... 30 Libyan Arab Republic _ _ 19 East Cameroon ...... 3 Magadasur _ I .____ 30 West Cameroon ..... 4 Ma] _ 19 Central African Republic . . 35 MEFWI ''`'```'` 21 ciiaa ........... 19 '_· ·_ ·······‘ 7 Congo ........... 14 Mau·'II€'m° ‘‘‘‘'‘'` g I Dahomey ......... l7 Maurmus ‘‘‘‘'`' ` 30 Egypt _ I . _ '______ 34 Morouzo ......... Ethiopia. ......... s PGS? ---—·--··· ig Gabon .......... 29 Nigeria ......... Ghana .......... 39 Rwanda ......... 16 Guinea .......... 39 Senegal ......... 33 Ivory Coast ........ 28 Sierra Leone ....·- - 32 (table mncluéd urerkq/'} 3

Ratincation and implementation of Conventions in Africa Count¤' Number of Country Number of rutincaiioru rautieations Somalia: Togo . I2 'i§'?}¥$.L€'{§£`EliiLey‘ ‘ ‘ ‘ 2 T‘“”“‘° ‘‘‘‘‘‘‘‘‘ 52 tébniiiish Somaliland I I . 4 Egapggi/All; ‘ ‘ i i i 1 I gg Republic of South Africa’ 12 Zaire ` · · I _ i _ i 27 $*;;::5,3; ‘ ‘ ‘ I2 Zambia ......... 24 Entire territory ...... 18 Tanganyika ....... 6 Zanzibar ....... . 4 ·wiihaie»t· riem membership of ihe uo iii mi. · Withdiew from membership ofthe uo iii ms. The First African Regional Conference also drew the attention of all African countries and territories which in future might become Members ofthe ILO to the importance of continuing to apply the Conventions already declared to be applicable, as a starting point for their future policies of social and economic development. This practice has been generally followed. Taking African States as a whole, roughly half the ratilications (476 out of 969) represent the confirmation, at the time of the country’s admission to ILO membership, of obligations formerly accepted on its behalf. In the case of States which became Members of the ILO from 1960 onwards such confirmations represent nearly two-thirds of the ratilications (447 out of 710). Several countries which have become independent during this period have not joined the ILO (Botswana, Equatorial Guinea, Gambia and Swaziland). The Government of Botswana has, however, given an assurance that it will seek to apply the international labour standards established by the Organisation, and has submitted reports on various Conventions which had previously been declared applicable. Resolutions of the Erst two African Regional Conferences gave particular emphasis to the ratification and implementation by African countries of Conventions for the protection of fundamental human rights. It is therefore appropriate to examine the situation regarding the instruments dealing with discrimination in employment, freedom of association, and forced labour. Table 2 shows the ratification position among African States with respect to the Conventions in these Eelds, as well as Lhe total number of ratilications, as at I July 1973. It will be seen that the most widely accepted basic human rights Conventions in Africa, as indeed among the ILO’s membership generally, are those relating to forced labour. Convention No. 98 has also been very largely 4

General position of African countries Table 2, gtgllggations of Conventions Nos.111.100.B7,98. 29 and 105 by African ratrficntinns by urination; African Suter 1958 (No. 111) .................. 24 gg Equal Remuneration Convention, 1951 (No. 100) ..,_ 22 78 Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) ........_ 24 go Right to Organise and Collective Bargaining Convention, 1949 (No. 9B) ................... 29 93 Forced Labour Convention, 1930 (No. 29) ....... 34 106 Abolition of Forced Labour Convention, 1957 (No. 105) . 28 90 ratified by African States. However, one-third or more ofAfrican member States have not yet ratified the remaining three Conventions (Nos. 87, 100 and 111). In 1971 the Conference added an important additional instrument to the Conventions aimed at guaranteeing the exercise of trade union rights: the Workers‘ Representatives Convention, 1971 (No. 135). Although adopted only recently, the Convention has already been ratified by ten States, including three African countries. It is to be hoped that this instrument will find a growing positive response. The position with respect to selected Conventions dealing with employment policy, forced labour, basic aims and standards of social policy and labour inspection is examined in greater detail in subsequent sections. The general ratification position in Africa in various other fields is summarised below. Conventions regarding the minimum age for employment in industry are in force in 27 African States, 18 of which are bound by the standards establishing a minimum age of 14 years (Convention No. 5) and 9 by those fixing a minimum age of 15 years (Convention No. 59). Convention No. 33, establishing a minimtun age of 14 years for non-industrial employment, has been ratified by 15 African States, whereas the corresponding 15-year standard (Convention No. 60) has not been ratified by any of them. The Minimum Age (Agriculture) Convention, 1921 (No. 10), has been ratified by 6 African States. As regards hours of work, the Convention providing for an B-hour day and 48-hour week in industry (Convention No. 1) has been ratified by 4 African States, and the corresponding Convention for commerce and industry (No. 30) by 2 such States. Convention No. 14, relating to weekly rest in industry, has been ratified by 27 African States,and the corresponding Convention for commerce and oflices (No. 106) has been ratified by 4 such States. 5

Ratification and implementation of Conventions in Africa The Convention relating to minimum wage fixing machinery for industrial or commercial occupations (No. 26) has been ratified by 33 African States, and the corresponding Convention for agriculture (No. 99) by 14 such States. These Conventions relate to the provision of machinery, but do not require the actual establishment of minimum rates. The more far—reaching instrument on this subject, designed to take special account of the problems of developing countries (No. 131), was adopted only in 1970; 2 of the 10 ratifications so far received came from African States. The Protection of Wages Convention, 1949 (No. 95), has been ratified by 26 African States. In the field of social security, the total of 22 ratifications registered in respect ofthe Social Security (Minimum Standards) Convention, 1952 (No. 102), includes 3 from African States. Of the instruments relating to individual branches of social security, only the Conventions relating to employment injury compensation have so far found a significant echol: Convention No. 17, relating to accident compensation, has been ratified by 19 African States, and one or other of the earlier Conventions relating to occupational diseases (Nos. 18 and 42) by a similar number. The more recent Convention on employment injury benefits (No. 121) has been ratified by 3 African States. In the field of occupational safety, the Convention concerning the protection of dockers against accidents (No. 32) has been ratified by 6 African States, the Convention on safety provisions in the building industry (No. 62) by 8 such States, the Guarding of Machinery Convention (No. 119) by 10 such States, and the Maximum Weight Convention (No. 127) by 3 such States. The formal acceptance of Conventions through ratification is, of course, only one index of the degree of progress being achieved in the application of social policies and protective measures. To ascertain the true impact of these standards and the didiculties which may stand in the way of their realisation, it is necessary to examine the individual cases more fully, taking account both of the conclusions of studies made at the national level and of the Endings of the ILO's supervisory bodies. A more detailed examination of this kind is undertaken subsequently only in respect of a limited number of instruments. Several other features of a more general character deserve, however, to be mentioned. Prior to 1960 there were 10 African member States of the ILO. Today there are 36. It has already been noted that many of the ratifications registered *It is, however, · · · ggppgopae .mJ§,°$,231Z§t"I§Z"é%§$‘J.lt?§§t“l£?鑧“t?§$.°£‘1l§2§"i$;Z?lf-’.“§§5lZl§.Y"i'§ sodglo zwjmthatrggindf to set standards higher than those established by the countries wl1ich ratify Convention"N2 fi:)•2ni:i·ft.islf°a|$9t5?¤(NO· '1p2)· pn the other hand, mm bramhs of mem security. p 1 provisions tn respect of at least 6

General position of African countries in respect ofthe countries which have joined the ILO in the intervening period represent confirmations of obligations previously accepted on behalf of these countries. However, there has also been a steady stream of new ratihcations from African States, resulting from consideration of newly adopted instruments as well as from acceptance of earlier standards following developments in national legislation and practice. The procedures relating to slandards—includ. ing the submission of new instruments to the competent authority, the presentation of reports to the ILO and the provision of additional information or the adoption of measures in response to comments by the ILO‘s supervisory bodies—have tnade necessary a series of administrative arrangements within the competent government departments. The ILO has sought to provide assistance in this connection. In addition to more general training programmes and technical co-operation projects in the field of labour administration, it has organised a series of regional seminars to familiarise government ofhcials with questions and procedures relating to ILO Conventions and Recommendations. To date, 4 such seminars have been held in Africa, 2 for Englishspeaking countries and 2 for French-speaking countries. One reflection of the eH`orts made by African governments to secure the implementation of ILO standards is to be found in the fact that, of the 750 cases noted by the Committee of Experts on the Application of Conventions and Recommendations in the 10-year period 1964-73 in which measures had been adopted at the national level following comments by the Committee, 27 per cent came from the African continent. The adoption, ratification and implementation of Conventions is a dynamic process, and the fact that numerous cases of progress have been noted over the years does not signify that problems do not remain to be solved. Of the 1,093 comments addressed to governments in 1972 by the Committee of Experts in respect of the application of ratilied Conventions in their metropolitan territory, 330-or 30 per cent—concerned African States; in 1973, 297-or 29 per cent—of the total of 1,027 comments related to African States. Some of these comments were direct requests seeking clarification of the existing position or drawing attention to the need for certain supplementary measures of a limited nature. In other cases, particularly where the Committee has found it necessary to express its comments in the form of observations set out in its report, more important discrepancies between national legislation and practice and the relevant intemational standards call for corrective action. The supervisory procedures are based on dialogue, aimed both at ascertaining the precise extent of implementation of standards and at suggesting appropriate means of remedying shortcomings. The tripartite Conference Committee provides one forum for such dialogue. Another, morelfar-reachmg. procedure which has been introduced in recent years consists of direct contacts 1

Ratification and implementation of Conventions in Atriea between the ILO and a government with a view to resolving dithculties in the application of Conventions noted by the ILO supervisory bodies. This procedure has so far been invoked by two African member States. In 1969 a representative of the Director—General visited Mauritania to discuss with the govemment services concerned the legislative changes required to give effect to various ratified Conventions and collaborated in the preparation of draft legislation for this purpose. In 1973 the Committee of Experts was able to note with satisfaction the adoption of the necessary legislation in a number of these cases. In 1972 direct contacts took place with Liberia in regard to the application of the Forced Labour Convention, 1930, to clarify a number of issues and to review the measures needed to ensure full observance of the Convention. The procedure of direct contacts is aimed at clarifying the precise nature of diEl‘icu.lties affecting the implementation of Conventions, giving an opportunity to the government concerned to provide full information on the existing situation and facilitating the adoption of measures designed to ensure compliance with the relevant instruments. There would appear to be a number of cases concerning the implementation of Conventions in African countries where recourse to this procedure might assist in finding solutions to problems noted by the ILO’s supervisory bodies. Apart from this possibility, related to specinc problems in giving effect to ILO standards and conceived within the framework of supervision prooedures, technical co-operation is available for the purpose of assisting in the drawing up of labour legislation, the establishment or development of social security schemes, t.he organisation of labour administration, etc. Such assista.noe—which, while taking full account of ILO standards (and particularly ratified Conventions), evidently goes beyond this framework—has already been provided to a considerable number of African countries. 8

EMPLOYMENT POLICY CONVENTION, 1964 (N0. 122) 2 SUMMARY OF PROVISIONS Each State which ratilies the Employment Policy Convention, 1964, undertakes to declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment. This policy must aim at ensuring that there is work for all who are available for and seeking work, that such work is as productive as possible, that there is freedom of choice of employment, and that each worker has the fullest possible opportunity to qualify for, and to use his skills and endowments in, a job for which he is well suited, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin. The employment policy must take due account of the stage and level of economic development and be pursued by methods appropriate to national conditions. The measures to be adopted for attaining the objectives laid down by the Convention must be decided and kept under review within the framework of a co-ordinated economic and social policy and such steps as may be needed for Lbe application of these measures, including when appropriate the establishment of programmes, must be taken. Representatives of workers and employers must, in particular, be consulted concerning employment policies, with a view to taking fully into account their experience and views and securing their co—operation in formulating and enlisting support for such policies. EXTENT AND POSSIBILITIES OF RATIFICATION Convention No. 1221 has been ratihed by ten countries of the African region: Algeria, Cameroon, Guinea, Libyan Arab Republic, Madagascar, Mauritania, Senegal, Sudan, Tunisia, and Uganda. 1 As at 1 July 1973, Convention No. 122 had been ratified by 49 member Stats. 9

Ratihcation and implementation of Conventions in Africa It appears from the reports supplied by governments in 1968 and 1971 under article 19 of the ILO Constitution on the application of the Convention that five other countries in the region were considering its ratification. The Government of Dahomey stated that the application of the Convention would meet with no difliculties and that the Government envisaged its ratification} In Ethiopia, after completion of a study on manpower utilisation and the tinal preparation of draft legislation which would implement the provisions of the Convention, the Goverrunent was prepared to bring it to the attention of the competent authorities.? The Government of Morocco has undertaken the implementation of an active employment policy, designed to promote full employment, which it stated to be in conformity with the spirit and terms of the Convention; the procedure for ratification was under consideration.! In Niger the question of ratification was being studiedz, and it was to be considered in Sierra Leone as and when the legislative programme pennitted.2 The Government of Tanzania has indicated that the provisions of the Convention are a useful guideline to employment development policies and that the possibility of ratification will be kept in mind.2 Several other countries have provided an indication of the extent to which their employment policy is in conformity with the Convention. Thus, the Government of Congo has stated that there are no diliiculties in the way of ratification, although it has not thought it appropriate to ratify.2 The Government of Gabon subscribes fully to the objectives of the Convention which coincide with its own policy aimed at promoting full employment in relation with economic development? The Government of Kenya has been pursuing an active employment policy which strives to achieve fu.ll employment. To that end, it invited the ILO to send a World Employment Programme mission to help identify the areas of economic activity which may be harnessed to increase employment opportunities! In Liberia measures to give further eEect to the Convention are under consideration by the competent authorities.5 The Government of Mali has stated that it is concerned to define an _ _1 Article 19 report, l9§8. It may be noted that employment missions have recently $52,;; ;>fPlll‘1°¤;c agsxtrts (Ethiopia and Morocco) within the framework of the World : Article 19 report, 1968. Mm"?#§. *5. '§'£§§ €Ef°eE’§?°¤,n‘L‘t‘l'°‘3l;%“i.llZL° §{;‘2°l§°“,l.,l?J S?"‘,'l‘&’.?L“,£l“$Etl?I : L;Y|:1f:;s1ifiJrr?ii1¤iili1isi3uliiiiri;' Morocco, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, Somalia, Sudan: Tanzania: ';%;l=:_é:d)s:l{n¢;a;1§|1trt:1lgta.bThe Convention has been declared applicable without modification Southern Rhodesia. polrtan territories of the United Kingdom; St. Helena, Seychelles. * Article 19 re ort, 1967. ° Article 19 resort, 1968. 2

Conventions Noe. 29 and 105 `t‘ laws, under the Penal Cod· ·II · t` · - . I5., ` I _ bl d _ NL dl 1·0ml€l¢(l pl‘1$Ol‘lt:l‘s, including political pl-lsongrs, are SU iccte I0 lvrud ldb0l-||' i\l`|Cl lhiil, 10 bc able to com I · Article 1 (tz) of the Convention, it will be necessary to wait for refywlth the penal Code} The Governments of Congoz Maui-itanlaa andlsmzn 0; · · . ' _ E0 have stated that there arelno dllllculties preventing ratification. The Government of Malawi has indicated that it is unable to ratify the Convent` because of the existence of legislation, deemed necessary to preserve ublin . . tc security, under which persons may be detained and required to workpwhile undef detention, ancllegnslation, deemed necessary to relieve the but-den on the courts, under which administrative authorities may order tax defaulters to perform public work? The Governments of Upper Voltaz and Zaireil have referred to difficulties preventing ratification of the Convention which appear to arise from the prohibition of the use of forced or compulsory labour for purposes of economic development in Article 1 (b} of the Conventiont PROBLEMS OF IMPLEMENTATION It is proposed to examine the problems of implementation of the forced labour Conventions under two broad headings, in accordance with the arrangement adopted by the Committee of Experts on the Application of Conventions and Recommendations in its general survey of 1968, namely: forced or compulsory labour for the purpose of production or service and forced or compulsory labour as political coercion or education or as a punishment in various other circumstances. Forced or compulsory labour for the pUI’pOS8 of pl'OdUCtlOl’l Of service General powers of call-up of labour or direction to work In several countries national legislation creates a legal obligation for all able-bodied citizens to engage in a gainful occupation; in the absence of being able to prove such an occupation, they are liable to compulsory direction 1 Statement at the fifth sasion of the African Advisory Committee (September-October 1972). 2 Article 19 report, 1967. S Article 19 report, 1968. _ ‘ The Committee of Experts has remarked that the countries in qu tion have ratified Convention No. 29 and have thus already undertaken to supprcs the use of forced 0I` compulsory labour i.n all its forms within the shortst posible ttrne, subject to the exceptions provided for in that Convention, such as compulsory labour in gases of emergency and minor communal servics, which would not, if remaining within the lunits laid down tn_ that gonvention, constitute a case of "mobilising and using labour for purpmes of eoonunuc dev opment" within the meaning of Article 1 (b} of Convention No. 105—RCE, I969, Part 111r¤. para. 62. B

Ratification and implementation of Conventions in Africa to specific work. subject to penal sanctions} In one of these countries all able-bodied men may also be rcquired to work full time in priority zones of each village, subprefecture and prefecture to attain the objectives of the live-year plan of economic and social development} In another country, with a view to ensuring the economic and social promotion of the nation, citizens of either sex could be called up for successive two—year periods to perform work or services in the national interest? The Committee of Experts has indicated that such legislation is contrary to both the 1930 and 1957 Conventions! A general power to mobilise workers for purposes of economic development appears to exist in another country where by law all persons, male and female, aged between 16 and 25 years, are declared members of an organisation whose objectives are (amongst other things) "to ensure by revolutionary means the rapid liquidation of the technical and economic underdevelopment" of the country.5 In some cases the Committee of Experts has considered that there existed unduly extensive definitions of vagrancy which might be used as an indirect means of compulsion to work.° In a number ofcountries legislation which appears to be intended primarily for use in emergencies permits the call-up of labour in relatively widely delined circumstances." The Committee of Experts has indicated that, to ensure I Dahomey: Act No. 62-21 of 14 May 1962; Gabon: Ordinance No. 50/62 of 21 September 1962. The Governments concerned have stated that the legislation had not been applied, and that measures would be taken to repeal it. In the Central African Republic able-bodied persons between 1B and 55 years of age who are not able to prove that they are gainfully occupied or pursuing studies at an educational establishment are liable to imprisomiient for from one to three ymrs—0rdina.nce No. 4 of 8 January 1966, as amended by Ordinance No. 72/083 of 18 October 1972. The Govemrnent has stated that these measures were intended as a means of intimidation for young people from rural areas for whom it was unable to provide employment in urban areas, but had not been applied in practice. Z Dahomey: Ordinance No. 62 PR/MDRC of 29 December 1966. See also Act No. 62-21 E24 Maly;962, nreggionegl aboiie. Lie Government has stated that in practice the legislation not n appi an woud repealed. ' Upper Volta: Act No. 6/63/AN of 12 February 1963, as amended by Ordinance Nc. 45/PRES of 3 October 1966. The Govermrient has stated that in May 1973 a Bill to repeal this legislation was passed by the National Assembly. ‘ RCE, 968, Part Three, paras. 49 and 55. See also individual observations concerning these countrts in RCE, 1973. _ ‘ Guinea: Decree No. 416- PRG of 22 October 1964. The Government has stated that this legislation was an anachronism and not needed, and that it would be repea1ed—RCE, 1973. Liberia: Penal Law, section 346-see RCE, 1973* Mauritius: Rodrigues Labour Regulation, section 21. See also RCE, 1968, Part Three, 'para. 56. 7 Congo: Act No. 24/60 of 11 May 1960 on requisitions, section 3; Dahomey: Ordinance EZf'z3£>’£¤°.§%°..§'3‘°li?l‘§*°llL'L%i{§.?l’§“‘¥>°‘§·°' ‘°"l$°"J§°l'5l" l'$2°,‘l“' S°l$2°§ (Z? · » . : r mance o. — 0 pr e Govemment has stated that tliese provisions would be amended) and Act No 70-029 of 23 January 1970—see RCE, 1972; more recent legislation on general organisation of civil protection (Act No. 71.059 of 25 Eebruary 1971) permits call-up only in specified exceptional ctrcutrtstancu of emergency, but tt has not repealed the earlier, more general, provisions; 24

Conventions Noe. 29 and 105 Compliance with, lh€ ¢XC€Pll0¤ cial-l$€ _l'¤l8ll¤[; to emergencies contained in Article 2, paragraph 2 (el}, of Convention No. 29 and with Article l b [ Convention No. 105, such legislation should be amended to indicate (I) O that recourse to call-up of labour may be had only in cases where it is ne§e;°rlY to mcct a calamity or threatened calamity endangering the existenc€ Of$i}:Y whole or part of the population} C imposition of labour for specified purposes In several countries adult 'able·bodied men may be called up for limited periods for paid employment, in the absence of a suhicient supply of voluntary labour, for public purposes 2, for the construction and maintenance of public buildings and roads, afforcstation and irrigation works il, or for the conservation of natural resources! In one case, powers to call up labour for at‘l`orestation, irrigation and improvement of pastures do not depend on the unavailability of voluntary labour.5 In one country the regulations goveming the administration of local government contain provisions permitting the imposition of forced labour on members ofthe tribal population for public works, porterage, the supply of labour to persons engaged in prospecting, n1.ining and farming, compulsory female labour, and compulsory cultivation; it appears that almost all local public works are carried out with unpaid labour supplied by the inhabitants! In another country unpaid labour may be exacted by local cornrnunities for the carrying out of development works, such as the construction of roads, agricultural works and the establishment of any industry.'7 In this connection, the Committee of Experts has pointed Morocco: Dahi.r of 25 March 1918 on civil requisitions; Sudan: Defence o1' the Sudan (General Regulations), 1967, regulations 20 and 69; Tunisia: Decree of 7 August 1936 on civil requisitions—see RCE, 1973; Zambia: Preservation of Public Security Regulations, regulation 31D. 1 RCE, 1968, Part Three, paras. 52 and 54. The Committee has also strmsed that the duration of recourse to powers of call-up of labour in emergencies should be limited to what is strictly required by the exigencies of the situation; ibid., paras. 53 and S4. Z Tanzania (T anganyika): Employment Ordinance, Part X (the Govemment has stated that these provisions have not been applied in practice since independenxsee, however, the general powers to impose compulsory labour for development works under the Ward Development Committees Act, 1969, mentioned below—RCE, 1973). S Zaire: Decree of 10 May 1957 cn native districts, section 73 (the Government stated that these provisions have been reputled but has not tndtmted by what legtslauon repeal was effected). _ _ ‘ Kenya: Native Authority Act (Cap. 128), sections 13718-the Government has mdiuttul that i.n practice the powers in question are used for carrying out mmor communal servt¤ of an ephemeral nature). · _ _ _ “ Burundi: Decree of 14 July 1952 on native pclitiml orgamsauon,_seeticns_45-I5;‘S:; Ordinance No. 21/86 of 10 July 1953 (the Government has stated that_this legtsla;ton been implicitly repealed and that measures would be taken to repeal it exprssly. ° Liberia: Revised Laws and Administrative Regulations for Governing the Hmterland, 1949, articles 34 and 35-see RCE, 1973. 1973 7 Tanzania (Tanganyika): Ward Development Committees Act, 1969-see RCE, · 5

Ratification and implementation of Conventions in Atriea out I that Convention No. 29—while excepting from its scope "minor communal services" as defined inArticle 2. paragraph 2 (e)—requtres the progressive abolition of compulsory labour for general and for local lpublic works, and that, pending complete suppression, the powers in questionlshouldbe used only as an exceptional measure and subject to precise regulations laying down the conditions and guarantees required by the Convention; under Convention No. 105 (Article 1 ([2)). all forms of forced labour for purposes of economic development should be abolished by measures of immediate application. _ _ _ _ In a number of countries legislative provisions permit the imposition of compulsory cultivation with a view to providing adequate subsistence for the communities directly concemed 2, or to producing cash as well as food crops, sometimes within the framework ofa general obligation for citizens to engage in a gainful occupation or under general powers to impose compulsory labour 3, sometimes by virtue of legislative provisions dealing specifically with cultivationt. The Committee of Experts has pointed out that, subject only to the exception for measures taken in emergencies, such as actual or threatened famines, Convention No. 29 (Articles 1 and 19) requires the abolition of all forms of compulsory cultivation, and that the situation under Convention No. 105 (Article 1 (b)) is similar except where the scope ofthe obligations imposed is too limited to have signilicance for purposes of economic development.5 In several countries forced labour may be imposed as a tax or as a means of recovery of taxes.° 1 RCE, 1968, Part Three, paras. 58 and 59. 1* Kenya: Native Authority Act (Cap. 128), section 11 (f} (the Government has stated that recourse has not been had to these powers); Sierra Leone: Chiefdom Councils Act (Cap. 61), section 8 (h) (the Government has stated that it will take steps to amend these provisions as and when circumstances permit)—see RCE, 1972. ’ Dahomey: Ordinance No. 62 PR/MDRC of 29 December 1966; Decree No. 239 of 1 June 1962 ooneeming collective village lields—see RCE, 1973. The Government has stated that this legislation has not been applied and will be repealed. ‘ Burundi: See the legislation cited above; Central African Republic: Act No. 60/109 of 27 June 1960 concerning the development of the rural economy, section 28 (the Governme:t)has stated that the repul of this provision is under consideration); Tanzania (Tanganyi a : Local Govemment Ordinance, as amended by Act No. 64 of 1962, section 52 (1), para. 45, and Ward Development Committees Act 1969-see RCE, 1973· Zaire: Decree of 10 May 1957 on native districts, sections 71-72 (the Government has stated that these provisions have been repaled but has not indicated by what legislation repeal was elTected). ‘ RCE, 1968, Part Three, para. 61. ' Gabon (the Govemment has stated that chiefs exercising administrative functions may impose forced or compulsory labour as a tax and for work of public interest); Chad: General Code of Direct Taxes, section 260bir (inserted by Act No. 28-62 of 28 December 1962); Madagascar: labour Code, section 2 (b), and Ordinance No. 62-065 of 27 September 1962, section 10; Upper Volta: Act No. 25-60 of 3 February 1960, section 14 (as amended by Ordinance No. 43/PRE ol' 3 October 1966). The Committee of Experts has pointed out 2O

Conventions Nos. B and tus National service obligations Thecxistence of legislation concerning national service obligations in connection mth economic and social development led the ILO to u d .n a research programme 011 tht? rclattonship between the reqniromosi-tak; economic and social development and the forced labour Conventions iflils resulted in t;t;C[;l;§:1gv;¤I\h¤ ¤B€¤d¤ Of the lhtcfrtational Labour Conference Of an item c g _ l’¤0¤$ ¤$P€€l$ of Sl’>¢€l2l youth programmes in relation to the problems of tratntng and employment, with a view to the adoption of a new instrument. Pendtng this examination, the Committee of Experts decided in 1966 to defer further comments in specific cases on this subject until the results of the Conference deliberations became available. At its 54th Session, the Conference adopted the Special Youth Schemes Recommendation, 1970 (No. I36), which provides that participation in special youth employment and training schemes should be voluntary, but that exceptions to this rule may be permitted where there is full compliance with the terms of existing international labour Conventions on forced labour and employment policy, and, inter alia, in respect of "(a} schemes of education and training involving obligatory enrolment of unemployed young people within a detinite period after the age limit of regular school attendance; and (b} schemes for young people who have previously accepted an obligation to serve for a definite period as a condition of being enabled to acquire education or technical qualifications of special value to the community for development" (Paragraph 7). Following adoption of this Recommendation, the Committee of Experts has addressed direct requests to a number of countries in the region! asking for information on the law and practice relating to schemes involving the compulsory participation of young persons in activities directed to economic and social development, together with such explanations as they may deem appropriate concerning the compatibility of these schemes with the provisions of the Conventions in question. that abolition of such labour is provided for in Article 10 of Convention No._29—RCE, 1968, para. 62. The Government of Upper Volta has stated that in May 1973 a Bill to repeal the provisions in question was passed by the National Amembly. The Goyernment of Madagascar has stated that there would be no enforced collection of taxes in this form after 1973. The Government of Chad has stated that amendment of its legislation is under consideration. I 1 Algeria, Chad, Congo, Dahomey, Gabon, Guinea, Ivory Coast, Madagascar, Scnczl . Sudan, Tanzania (Zanzibar), Zaire. Comments have also boenaddrmsed to Egypt ¤¢l'¤i¤g legislation relating to compulsory service Iby newly qualtfied d0€\0\’$. _P and dentists and the use for the execution of public works of persons perforrmng na o service—see RCE, 1968, Part Three, paras. 65 and 68. 21

Ratification and implementation of Conventions in Africa Discrimination in the imposition of labour for purposes of production or service ln some instances liability to perform services is limited to a part of the population defined in terms of racel or social status.? Under Article 1 (e) of Convention No. 105 any distinctions in the exaction of labour based on racial, social, national or religious grounds should be eliminated. Effective enforcement of the prohibition of forced or compulsory labour Article 25 of Convention No. 29 requires the illegal exaction of forced or compulsory labour to be punishable as a penal ofl`ence and the penalties imposed by law to be really adequate and strictly enforced. In one country national legislation now contains no provisions laying down penal sanctions for the illegal exaction of forced or compulsory labour} In two countries the provisions laying down such penalties are insufficient in scope, as they do not specifically cover the illegal exaction of labour by persons other than public ofHcials.‘* Forced or compulsory labour as political coercion or education or as punishment in various other circumstances Limitations applicable to prison labour in general Under Article 2, paragraph 2 (c), of Convention No. 29, compulsory penal or corrective labour is excepted from the Convention only if it is imposed as a consequence of a conviction in a court of law, and on condition that it is carried out under the supervision and control of a public authority and that the persons concerned are not hired to or placed at the disposal of private individuals, companies or associations. These conditions appear to be respected in the majority of countries. However, the Committee of Experts has noteds that in certain countries compulsory penal labour may be imposed on persons who have not been convicted in a court of law, either under general prison 1 Siena Leone; Legislation cited above in connection with compulsory cultivation. f Liberia: legislation, mentioned above, permitting the exaction of forced labour for spcctned purposes from mernbers of the tribal population—see RCE, 1973. _ ’ Liberia: RCE, 1973. The Committee of Experts has noted, from odicial reports, that chrefs continue to impose compulsory cultivation on their tribesmen. It has also stressed the need for labour inspection in agriculture to prevent the illegal exaction of forced labour. * Egypt: Penal Code, sections 117 and 131; Morocco: Penal Code, section 195. to paras. 99 and 100, eee observations or direct requests addressed Z

Conventions Neg, 3 and ms Icgvwldrrori orhl-lll CY l’>F°\l$l°¤§.¢0¤¤¢rning preventive dcrcmioha In Sew,-al courllfltis l'l0l'l JU Mal Zlulhorlltes may impose pchahi - _ Compulsory lab0l-lf 0¤ ldlc l’>¤l'50¤S“ Or tax del`aulrqr$4 The lcs-Ilnvélvlrfg one country makes persons who are subject to restricted l'¢5lden;g‘s ation in of 3 conviction available for use on work of public utility ro as a muh periods after completion of their sentenee.5 In anorim count, rcpml°ng°d have completed 3 S€l'll¢¤¢€ of lmPl‘lS0l”llTl€nt for specified O|¥c:c;;0:; wha . . . _ _ we as certain persons placed under restriction by administrative decision may be directed to a resettlement centre by ministerial decision and there be re ui d to perform compulsory labour.° In a number of countries the legiglatl-Zn permits prisoners to be hired out to private employers"; most ofthe govern ments concerned have, however, indicated that the amendment or repeal of these provisions is contemplated} One country, despite repeated requests by the Committee of Experts, has failed to supply its provisions governing prison labour; the Committee has stated that it was unable in these circumstances to satisfy itself of the observance of the conditions laid down by the Con. vention.° 1 Cameroon: Section 37 ofthe Order 018 July 1933 co ` th ’ · Nigeria: Regulation 36 of the Prisons Regulations; Togo: Order|Nc:94L-glgof to reorganise the prison system, section 21. The Governments of Cameroon and Togo have stated that it is proposed to repeal the provisions in question. 2 Libya: Royal Decree of 5 October 1955 concerning vagranLs and peered pgrgg section 6, and Act No. 20 of 1962 on internment in special corrective instittlustions, sectional Malawi: Regulations (Government Notice No. 43 of 1965) issued under the Preservation of Public Security Ordinance (Cap. 51); Nigeria: Various State Security (Detention of Persons) Decrees. In Tanzania (Zanzibar),_under section 5 of the Preventive Detention Decree, 1964, regulations may be adopted applying to detainees any of the provisions o1` the Prisons Decree relating to convicted prisoners—see RCE, 1973. ° Tunisia: Legislative Decree No. 62-17 o1' 15 August 1962 on rehabilitation through work, section 3-see RCE, 1973. *1 Burundi: Act of 17 February 1964 concerning the minimum personal contribution, and Ministerial Order No. 110/395 of 2 March 1964 determining the conditions governing imprisonment for non-payment of the minimum personal contribution; Madagascar: Ordinance No. 62-065 of 27 September 1962 (amending legislation taking account ol' the requirements of the Convention is now under consideration); Malawi: Taxation Act, 1966, section 15; Zaire: Act of 10 July 1963 regarding income tax, section 160 of Annex 1, read together with sections 9 and 64 of Ordinance No. 344 of 1965 (the Government has stated that appropriate changes will be made in the legislation). 5 Chad: Act No. 14 of 13 November 1959, section 2-see RCE, 1973. “ Tanzania (T anganyika): Resettlement of O1Tenders Act, 1969, sections 4 to 6 and 8, Resettlement of Offenders Regulation, 1969, sections 4 and 17. 7 Ivory Coast: Decree No. 69-189 of 14 May 1969, sections Z4, 77, _8Z; Madagascar; Decree No. 59-121 of 27 October 1959 to organise the prison services, section 70; Morocco} Dahir of 26 June 1930; Togo: Order No. 488 of 1 September 1933; Tunis1e:_Decree at 17 December 1942 concerning the employment of labour outside penitentiary anal lishments; Upper Volta: Order of 4 December 1950 to issue prison regulations, sections , 99; Zambia: Prisons Rules, 1966, rule 154. _ _ _ f Madagascar, Mali, Morocco, Togo, Tunisia. Similar provisions previously in force in Mali were repealed i.n 1972. ° Dahomey: RCE, 1973. 8

RBUECBHOI1 and implemenlaiiqn of ConVOI'IN¤¤$ in Africa Emergency powers in relation to the observance of the Abolition of Forced Labour Convention The Committee of Experts has recognised that, apart from the proper limits within which particular rights and freedoms of relevance to the application of Convention No. 105 (such as freedom of expression, meeting and association) are to be exercised under normal circumstances. these rights and freedoms may during certain periods of emergency be subjected to more general restrictions. lt has. however, emphasised that recourse to such exceptional measures affecting the exercise of rights or freedoms of relevance to the application of the Convention should be had only in strict cases of emergency and that the nature and duration of the measures taken should be limited to what is strictly required by the exigencies ofthe situation.! In certain cases where emergency legislation affecting such rights and freedoms appears to have been in force for prolonged periods, the Committee of Experts has requested the govermnents concerned to indicate the measures taken to repeal or amend the legislation in question or otherwise to ensure the application of t.he Convention.? Forced or compulsory labour as a punishment for holding or expressing views or as a means of political coercion or education The Committee of Experts has pointed out *’ that international instruments recognise that individual rights and freedoms relevant to the application of Article 1(a} of Convention No. 105 may have to be subject to certain limitations, essentially for two purposes: to ensure respect for the rights and freedoms of others, and to meet the just requirements of morality, public order and the general welfare in a democratic society. In certain cases 4, however, the Committee has considered that unduly severe limitations exist on the possibilities of comment or criticism which, in so far as enforced by penalties involving an obligation to perform labour (namely compulsory 1 RCE, 1968, Part Three, paras. 92, 102, 125. 2 Cameroon, _Kenya, Nigeria, Tanzania (Zanzibar). The Government of Kenya has stated that there is no longer an emergency in the country, but indications regarding the revoatron of emergency powers remain to be supplied. The Government of Cameroon ggliiziggcilzagégzlprmrd application of the legislation in question is becoming increas’ RCE, 1968, Part Three, para. 10]. ‘ Egy t:Pena| Code,secti · · mi?1§;£ xlay[1957_and°2scf(i¤g)528of%itbli/·ia?»81gf))?ngiiigialiuPi:at·faf.mC‘i·ilcl1;ds£3¢;iiA