Section 125p. 125

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

ARTICLE 1

1. Each Member of the International Labour Organisation

which ratifies this Convention undertakes to suppress the

use of forced or compulsory labour in all its forms within

the shortest possible period.

2. With a view to this complete suppression, recourse to

forced or compulsory labour may be had, during the

transitional period, for public purposes only and as an

exceptional

measure,

subject

to

the

conditions and

guarantees hereinafter provided.

3. At the expiration of a period of five years after the

coming into force of this Convention, and when the

Governing

Body

of

the

International

Labour

Office

prepares the report provided for in article 31 below, the

said Governing Body shall consider the possibility of the

suppression of forced or compulsory labour in all its forms

without a further transitional period and the desirability

of placing this question on the agenda of the Conference.

ARTICLE 2

1. For the purposes of this Convention the term "forced or

compulsory labour" shall mean all 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.

2. Nevertheless, for the purposes of this Convention the

term "forced or compulsory labour" shall not include:

(a) Any work or service exacted in virtue of compulsory

military

service

laws

for

work

of

a

purely

military

character;

(b) Any work or service which forms part of the normal

civic obligations of the citizens of a fully self-governing

country;

(c) Any work or service exacted from any person as a

consequence of a conviction in a court of law, provided

that the said work or service is carried out under the

supervision and control of a public authority and that the

said person is not hired to or placed at the disposal of

private individuals, companies or associations;

(d) Any work or service exacted in cases of emergency,

that is to say, in the event of war or of a calamity or

threatened

calamity,

such

as

fire,

flood,

famine,

earthquake,

violent

epidemic

or

epizootic

diseases,

invasion by animal, insect or vegetable pests, and in

general

any

circumstance that would endanger the

existence or the well-being of the whole or part of the

population;

(e) Minor communal services of a kind which, being

performed by the members of the community in the

direct interest of the said community, can therefore be

considered as normal civic obligations incumbent upon

the

members

of the community, provided that the

members

of

the

community

or

their

direct

representatives shall have the right to be consulted in

regard to the need for such services.

ARTICLE 3

For the purposes of this Convention the term "competent

authority"

shall

mean

either

an

authority

of

the

metropolitan country or the highest central authority in

the territory concerned.

ARTICLE 4

1. The competent authority shall not impose or permit the

imposition of forced or compulsory labour for the benefit

of private individuals, companies or associations.

2. Where such forced or compulsory labour for the

benefit of private individuals, companies or associations

exists at the date on which a Member's ratification of this

Convention is registered by the Director-General of the

International Labour Office, the Member shall completely

suppress such forced or compulsory labour from the date

on which this Convention comes into force for that

Member.

ARTICLE 5

1.

No

concession

granted

to

private

individuals,

companies or associations shall involve any form of forced

or compulsory labour for the production or the collection

of products which such private individuals, companies or

associations utilise or in which they trade.

2.

Where

concessions

exist

containing

provisions

involving

such

forced

or

compulsory

labour,

such

provisions shall be rescinded as soon as possible, in order

to comply with article 1 of this Convention.

ARTICLE 6

Officials of the administration, even when they have the

duty of encouraging the populations under their charge

to engage in some form of labour, shall not put constraint

upon

the

said

populations

or

upon

any

individual

members

thereof

to

work

for

private

individuals,

companies or associations.

ARTICLE 7

1. Chiefs who do not exercise administrative functions

shall not have recourse to forced or compulsory labour.

2. Chiefs who exercise administrative functions may, with

the express permission of the competent authority, have

recourse to forced or compulsory labour, subject to the

provisions of article 10 of this Convention.

3. Chiefs who are duly recognised and who do not receive

adequate remuneration in other forms may have the

enjoyment of personal services, subject to due regulation

and provided that all necessary measures are taken to

prevent abuses.

ARTICLE 8

1. The responsibility for every decision to have recourse to

forced or compulsory labour shall rest with the highest

civil authority in the territory concerned.

2. Nevertheless, that authority may delegate powers to

the

highest

local

authorities

to

exact

forced

or

compulsory labour which does not involve the removal of

the workers from their place of habitual residence. That

authority may also delegate, for such periods and subject

to such conditions as may be laid down in the regulations

provided for in article 23 of this Convention, powers to the

highest local authorities to exact forced or compulsory

labour which involves the removal of the workers from

their place of habitual residence for the purpose of

facilitating

the

movement

of

officials

of

the

administration, when on duty, and for the transport of

Government stores.

ARTICLE 9

Except as otherwise provided for in article 10 of this

Convention, any authority competent to exact forced or

compulsory labour shall, before deciding to have recourse

to such labour, 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 service is of present or imminent

necessity;

(c) That it has been impossible to obtain voluntary labour

for carrying out the work or rendering the service by the

offer of rates of wages and conditions of labour not less

favourable than those prevailing in the area concerned for

similar work or service; and

(d) 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.

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.

© Compiled by RGL

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