Section 126p. 126

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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 subparagraph (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 from 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.

ARTICLE 15

1.

Any

laws

or

regulations

relating

to

workmen's

compensation for accidents or sickness arising out of the

employment of the worker and any laws or regulations

providing compensation for the dependants of deceased

or incapacitated workers which are or shall be in force in

the territory concerned shall be equally applicable to

persons from whom forced or compulsory labour is

exacted and to voluntary workers.

2. In any case it shall be an obligation on any authority

employing any worker on forced or compulsory labour to

ensure the subsistence of any such worker who, by

accident or sickness arising out of his employment, is

rendered wholly or partially incapable of providing for

himself, and to take measures to ensure the maintenance

of any persons actually dependent upon such a worker in

the event of his incapacity or disease arising out of his

employment.

ARTICLE 16

1. Except in cases of special necessity, persons from whom

forced or compulsory labour is exacted shall not be

transferred to districts where the food and climate differ

so considerably from those to which they have been

accustomed as to endanger their health.

2. In no case shall the transfer of such workers be

permitted unless all measures relating to hygiene and

accommodation

which are necessary to adapt such

workers to the conditions and to safeguard their health

can be strictly applied.

3. When such transfer cannot be avoided, measures of

gradual habituation to the new conditions of diet and of

climate shall be adopted on competent medical advice.

4. In cases where such workers are required to perform

regular

work

to

which

they

are

not

accustomed,

measures shall be taken to ensure their habituation to it,

especially as regards progressive training, the hours of

work and the provision of rest intervals, and any increase

or amelioration of diet which may be necessary.

ARTICLE 17

Before

permitting

recourse to forced or compulsory

labour for works of construction or maintenance which

entail

the

workers

remaining at the workplaces for

considerable

periods,

the

competent

authority

shall

satisfy itself:

© Compiled by RGL

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