Convention Concerning Forced Labor

Article 10

1. Forced or compulsory labour exacted as a tax and forced or compulsory
labour to which recourse is had for the execution of public works by chiefs
who exercise administrative functions shall be progressively abolished.

2. Meanwhile, where forced or compulsory labour is exacted as a tax, and
where recourse is had to forced or compulsory labour for the execution of
public works by chiefs who exercise administrative functions, the authority
concerned shall first satisfy itself–

(a) that the work to be done or the service to be rendered is of
important direct interest for the community called upon to do the
work or render the service;

(b) that the work or the service is of present or imminent necessity;

(c) that the work or service will not lay too heavy a burden upon the
present population, having regard to the labour available and its
capacity to undertake the work;

(d) that the work or service will not entail the removal of the workers
from their place of habitual residence;

(e) that the execution of the work or the rendering of the service will
be directed in accordance with the exigencies of religion, social
life and agriculture.

Article 11

1. Only adult able-bodied males who are of an apparent age of not less than
18 and not more than 45 years may be called upon for forced or compulsory
labour. Except in respect of the kinds of labour provided for in Article 10
of this Convention, the following limitations and conditions shall apply:

(a) whenever possible prior determination by a medical officer appointed
by the administration that the persons concerned are not suffering
from any infectious or contagious disease and that they are
physically fit for the work required and for the conditions under
which it is to be carried out;

(b) exemption of school teachers and pupils and of officials of the
administration in general;

(c) the maintenance in each community of the number of adult able-bodied
men indispensable for family and social life;

(d) respect for conjugal and family ties.

2. For the purposes of sub-paragraph (c) of the preceding paragraph, the
regulations provided for in Article 23 of this Convention shall fix the
proportion of the resident adult able-bodied males who may be taken at any
one time for forced or compulsory labour, provided always that this
proportion shall in no case exceed 25 per cent. In fixing this proportion
the competent authority shall take account of the density of the population,
of its social and physical development, of the seasons, and of the work
which must be done by the persons concerned on their own behalf in their
locality, and, generally, shall have regard to the economic and social
necessities of the normal life of the community concerned.

Article 12

1. The maximum period for which any person may be taken for forced or
compulsory labour of all kinds in any one period of twelve months shall not
exceed sixty days, including the time spent in going to and from the place
of work.

2. Every person from whom forced or compulsory labour is exacted shall be
furnished with a certificate indicating the periods of such labour which he
has completed.

Article 13

1. The normal working hours of any person from whom forced or compulsory
labour is exacted shall be the same as those prevailing in the case of
voluntary labour, and the hours worked in excess of the normal working hours
shall be remunerated at the rates prevailing in the case of overtime for
voluntary labour.

2. A weekly day of rest shall be granted to all persons from whom forced or
compulsory labour of any kind is exacted and this day shall coincide as far
as possible with the day fixed by tradition or custom in the territories or
regions concerned.

Article 14

1. With the exception of the forced or compulsory labour provided for in
Article 10 of this Convention, forced or compulsory labour of all kinds
shall be remunerated in cash at rates not less than those prevailing for
similar kinds of work either in the district in which the labour is employed
or in the district from which the labour is recruited, whichever may be the
higher.

2. In the case of labour to which recourse is had by chiefs in the exercise
of their administrative functions, payment of wages in accordance with the
provisions of the preceding paragraph shall be introduced as soon as
possible.

3. The wages shall be paid to each worker individually and not to his tribal
chief or to any other authority.

4. For the purpose of payment of wages the days spent in travelling to and
from the place of work shall be counted as working days.

5. Nothing in this Article shall prevent ordinary rations being given as a
part of wages, such rations to be at least equivalent in value to the money
payment they are taken to represent, but deductions form wages shall not be
made either for the payment of taxes or for special food, clothing or
accommodation supplied to a worker for the purpose of maintaining him in a
fit condition to carry on his work under the special conditions of any
employment, or for the supply of tools.

Author: international

Mentioned in these Entries

Convention Concerning Forced Labor.