On the ratification of the Convention on Forced or Compulsory Labour

Home / RLA / On the ratification of the Convention on Forced or Compulsory Labour

Law of the Republic of Kazakhstan dated December 14, 2000 No. 120-II

To ratify the Convention on Forced or Compulsory Labour (Convention 29), adopted in Geneva by the 14th session of the General Conference of the International Labour Organization on June 28, 1930.

President of the Republic of Kazakhstan

Fourteenth session Geneva, June 10-28, 1930

Convention 29

Convention on Forced or Compulsory Labour* * Date of entry into force: May 1, 1932.

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on June 10, 1930, for its fourteenth session, having decided to adopt a number of proposals on forced or compulsory labour, which is part of the first item on the agenda of the session, having decided to give these proposals the form of an international convention, adopts this twenty-eighth day of June one thousand nine hundred and thirty the following Convention, which may be referred to as the 1930 Convention on Forced Labour and which is subject to ratification by the Members of the International Labour Organization in accordance with the provisions of the Charter of the International Labour Organization:

Article 1

1. Each Member of the International Labour Organization that ratifies this Convention undertakes to abolish the use of forced or compulsory labour in all its forms as soon as possible. 2. In view of this complete abolition, forced or compulsory labour may be used during the transitional period solely for public purposes and on an exceptional basis under the conditions and guarantees set out in the following articles. 3. After the expiration of five years from the date of entry into force of this Convention and in connection with the report provided for in article 31 below, the Governing Body of the International Labour Office will consider the possibility of abolishing forced or compulsory labour in all its forms without further delay and decide whether to include this issue in the agenda of the Conference.

Article 2

1. For the purposes of this Convention, the term "forced or compulsory labour" means any work or service required of a person under threat of any punishment for which that person has not voluntarily offered his services. 2. However, for the purposes of this Convention, the term "forced or compulsory labour" does not include: (a) Any work or service required by virtue of compulsory military service laws and used for work of a purely military nature; (b) Any work or service that is part of the normal civic duties of citizens of a fully self-governing country; (c) Any work or service required of any person as a result of a sentence passed by a judicial authority, provided that this work or service is carried out under the supervision and control of public authorities and that the said person does not assigned or placed at the disposal of individuals, companies or societies; d) any work or service required under emergency circumstances, that is, in cases of war or disaster or threat of disaster, such as fires, floods, famine, earthquakes, severe epidemics or epizootics, invasions of harmful animals, insects or plant parasites, and generally circumstances that endanger or may endanger endangering the life or normal living conditions of all or part of the population; e) minor community-based work, that is, work performed for the direct benefit of the collective by members of the collective, and which can therefore be considered ordinary civic duties of members of the collective, provided that the population itself or its direct representatives have the right to express their opinion on the appropriateness of these works.

Article 3

For the purposes of this Convention, the term "competent authorities" means either the metropolitan authorities or the highest central authorities of a given territory.

Article 4

1. The competent authorities should neither prescribe nor permit the prescribing of forced or compulsory labor for the benefit of individuals, companies or societies. 2. If such a form of forced or compulsory labour for the benefit of individuals, companies or societies exists at the time when the ratification of this Convention by a Member of the Organization is registered by the Director General of the International Labour Office, that Member will completely abolish such forced or compulsory labour from the moment this Convention enters into force for it.

Article 5

1. No concession granted to individuals, companies, or societies may lead to the use of any form of forced or compulsory labor for the production or harvesting of products used and traded by these individuals, companies, or societies. 2. If such a form of forced or compulsory labour results from the provisions of existing concessions, these provisions shall be repealed as soon as possible in order to comply with the requirements of article 1 of this Convention.

Article 6

Administration officials, even if their task is to train the population entrusted to them to some form of labor, cannot force the population or individuals to work for the benefit of individuals, companies or societies.

Article 7

1. Tribal leaders who do not perform administrative duties may not resort to forced or compulsory labor. 2. Tribal leaders performing administrative duties may, with the special permission of the competent authorities, resort to forced or compulsory labour under the conditions provided for in article 10 of this Convention. 3. Tribal leaders who are properly recognized and who do not receive appropriate remuneration in other forms may use personal services, subject to appropriate regulations.; In this case, all necessary measures are taken to prevent abuse.

Article 8

1. The highest civil authorities of the Territory are responsible for any decision to resort to forced or compulsory labor. 2. However, these authorities may grant the highest local authorities the right to engage in forced or compulsory labor in cases where such labor would not result in the removal of workers from their usual place of residence. These authorities may also, for periods and under conditions to be determined by the regulations provided for in article 23 of this Convention, grant the highest local authorities the right to engage in forced or compulsory labor with the removal of workers from their usual place of residence, if such work facilitates the movement of administration officials in the performance of their duties and for the transportation of administration goods.

Article 9

Except in cases where article 10 of this Convention provides otherwise, an authority authorized to engage in forced or compulsory labor must first ensure that: a) the service or work to be performed is of direct and important interest to the collective before authorizing the use of this form of labor., which must fulfill them; b) that this service or job is necessary now or in the near future; (c) That it was not possible to obtain voluntary labor to perform this service or work, despite the fact that salaries and working conditions were offered at least equal to those practiced in the Territory for similar service or work; and (d) that the consequence of this work or service would not be too heavy a burden for population, taking into account the available labor force and its ability to perform this work.

Article 10

1. Forced or compulsory labor, which is required as a tax, and forced or compulsory labor, which is resorted to for performing public works by tribal leaders performing administrative duties, are gradually being abolished. 2. Prior to this abolition, in cases where forced or compulsory labor is claimed as a tax and when forced or compulsory labor is ordered by tribal leaders performing administrative duties to perform public works, the authorities concerned must first ensure that: a) that the service or work to be performed is of direct and important interest to the team that is to perform it; b) that this service or job is necessary now or in the near future; (c) That the result of this work or service will not be too heavy a burden on the public, taking into account the available workforce and its ability to perform this work; (d) that the performance of this work or service will not force workers to move away from their usual place of residence; (e) that the management of this work or service will be conducted in accordance with the demands of religion, social life, and agriculture.

Article 11

1. Only adult able-bodied males, whose apparent age is not less than eighteen years and not more than forty-five years, may be involved in forced or compulsory labor. With the exception of the categories of work provided for in article 10 of this Convention, the following restrictions and conditions shall be observed: (a) Whenever possible, prior certification by a doctor appointed by the administration that these persons do not suffer from any infectious disease and that they are physically fit for the prescribed work and conditions in which it will be conducted; b) the release of school teachers and students, as well as all administrative staff; (c) Maintaining in each team the number of adults and able-bodied men necessary for family and social life; (d) Respect for family and marital ties. 2. For the purposes specified in subparagraph (c) of paragraph 1, the regulations provided for in article 23 of this Convention determine the proportion of persons from among the permanent male working-age population who may simultaneously be involved in forced or compulsory labor, provided, however, that this proportion does not in any case exceed 25 per cent of such population. In determining this proportion, the competent authorities take into account the population density, the social and physical development of this population, the time of year and the nature of the work to be performed by these persons at their place of residence and their own means, and generally respects the economic and social needs of the normal life of this collective.

Article 12

1. The maximum period during which a person may be involved in forced or compulsory labor of various forms may not exceed sixty days per year, and the time required to travel to and from the place of work is included in these sixty days. 2. Each worker involved in forced or compulsory labor is issued a certificate indicating the periods of such work that he has completed.

Article 13

1. The length of the normal working day of each person involved in forced or compulsory labor must be the same as the length of the working day practiced in conditions of voluntary employment, and time worked beyond the normal norm is paid at the same rates that are practiced when paying overtime for freelance work. 2. One day of rest per week is provided to all persons involved in any form of forced or compulsory labor, and this day, as far as possible, coincides with the day determined by the traditions or customs of the country or area.

Article 14

1. With the exception of the work referred to in article 10 of this Convention, all forms of forced or compulsory labour are paid in cash at rates that cannot be lower than those applicable to such types of work either in the area where the work takes place or in the area where the workers are recruited, and the highest rate is charged. 2. In cases where the work is prescribed by tribal leaders performing administrative duties, payment of wages under the conditions provided for in the previous paragraph is introduced as soon as possible. 3. Wages are paid to each worker individually, and not to the head of his tribe or any other authority. 4. Days spent traveling to and from the workplace for the purpose of paying wages are considered to be days worked. 5. This article will not have the effect of prohibiting the issuance of ordinary food rations to workers as part of wages, provided that these rations are at least equivalent to the amount of money they are supposed to replace, however, no deductions from wages may be made either as taxes or for special food, clothing or housing, provided to the workers in order to maintain their ability to continue working in the special conditions of their work, nor for the tools provided to them.

Article 15

1. Any laws relating to compensation for industrial accidents and occupational diseases, and any laws providing for the payment of benefits to persons who were dependent on deceased or disabled workers who operate or will operate in a given territory, apply to persons involved in forced or compulsory labor on the same grounds as and to the self-employed. 2. In any case, every government that involves a worker in forced or compulsory labor is obligated to ensure the worker's existence if, as a result of an industrial accident or occupational disease, he is deprived in whole or in part of the ability to earn a living. This authority is also charged with the duty to take measures to ensure the maintenance of any person who is actually dependent on this worker in the event of the latter's death or disability resulting from his work.

Article 16

1. Persons engaged in forced or compulsory labor may not, except in cases of exceptional necessity, be transferred to areas where the nutritional conditions and climatic conditions would be so different from their usual conditions that would endanger their health. 2. In no case can such a transfer of workers be allowed unless all measures regarding hygiene and housing conditions necessary for the establishment of workers and for the protection of their health are strictly carried out. 3. If such a transfer proves unavoidable, measures are taken after consultation with the competent medical institution to ensure the gradual adaptation of workers to the new nutritional and climatic conditions. 4. If workers are involved in regular work that is unusual for them, measures are taken to ensure that they adapt to this type of work, in particular with regard to gradual training, working hours, rest breaks and improving or increasing their diet, as may be necessary.

Article 17

Before authorizing the employment of workers in forced or compulsory labor for construction or repair work, as a result of which workers will have to remain at the place of work for a long period of time, the competent authorities must ensure: 1) that all necessary measures have been taken to ensure adequate hygienic conditions and necessary medical care for workers and that in particular: (a) These workers are subject to medical examinations prior to work and medical examinations at regular intervals throughout their employment, (b) provision has been made for adequate medical personnel, as well as the creation of dispensaries, hospitals, hospitals and all necessary equipment, (c) satisfactory conditions have been provided. hygienic conditions at the workplace, supply of workers with drinking water, food and fuel, as well as kitchen utensils, and provision of satisfactory clothing and housing, if necessary; 2) that appropriate measures have been taken to ensure the existence of the worker's family, in particular by facilitating the sending of a portion of the worker's salary to the family in a reliable manner with the consent or at the request of the latter; 3) that workers' travel to and from their place of work will be ensured by the Administration under its responsibility and at its expense, and that the Administration will facilitate these trips by making the widest possible use of all available modes of transport; 4) that in the event of illness or an accident, as a result of which the worker temporarily loses his ability to work, the worker's return to his place of habitual residence will be carried out at the expense of the administration; 5) that any worker who, after the expiration of his forced or compulsory labor, wishes to remain in the same place as a self-employed worker, have the right to do this without losing the right to return to their usual place of residence free of charge for a two-year period.

Article 18

1. Forced or compulsory labour for the purpose of transporting persons or goods, such as that of porters and rowers, shall be abolished as soon as possible. Prior to this abolition, the competent authorities are required to issue regulations defining, in particular: (a) the obligation to use this form of labor only to facilitate the movement of administration officials in the performance of their duties, or to transport administration goods, or in case of absolutely urgent need to transport other persons, non-officials; (b) The obligation to involve in such transportation only male workers who have been recognized by a preliminary medical examination as physically capable of performing this work, when such examination is possible; if this is not possible, the person employing this labor force is obliged, on his own responsibility, to ensure that the employed workers have the required physical ability and are free from infectious diseases;) the maximum weight of the load that the worker will have to carry; d) the maximum distance that workers can be removed from their usual place of residence; (e) The maximum number of days per month or any other period during which workers may be employed, and this number includes the days necessary to return to their place of residence; (f) Persons entitled to engage in this form of forced or compulsory labor, as well as the limits of this right. 2. In determining the maximum referred to in subparagraphs (c), (d) and (e) of the preceding paragraph, the competent authorities shall take into account various relevant factors, in particular the physical abilities of the population that must provide labor, the nature of the route that must be traveled by the worker, as well as climatic conditions. 3. The competent authorities also take measures to ensure that the normal daily route of porters does not exceed the distance corresponding to the average length of an eight-hour day, and when determining this distance, not only the weight of the cargo and the length of the route are taken into account, but also the condition of the road, the time of year and any other relevant factors; if necessary, work During overtime, such work is paid at rates higher than the usual rates.

Article 19

1. The competent authorities allow the use of forced cultivation of land only for the purpose of preventing hunger or lack of food products and always on condition that the resulting agricultural products or foodstuffs remain the property of the persons or collective that produced them. 2. This article may not have the effect of canceling the obligation of collective members to perform work prescribed by law or custom of the collective, if production is organized in accordance with laws and customs on a collective basis and if the products or benefits from the sale of these products remain the property of the collective.

Article 20

Legislation providing for collective punishments applied to the collective as a whole for crimes committed by any of its members may not provide for forced or compulsory labor of the collective as a punishment.

Article 21

Forced or compulsory labor is not used to perform underground work in mines.

Article 22

The annual reports on measures to give effect to the provisions of this Convention, which the Members of the Organization ratifying this Convention undertake to submit to the International Labour Office in accordance with the provisions of Article 22 of the Constitution of the International Labour Organization, should contain, in respect of each Territory concerned, the fullest possible information on the extent of forced or compulsory labour in that Territory, and about the following issues: the purpose of this work; data on morbidity and mortality; working hours; the rates and procedure for payment of wages; as well as all other relevant information.

Article 23

1. In order to give effect to the provisions of this Convention, the competent authorities shall issue complete and precise regulations on the use of forced or compulsory labour. 2. This regulation, in particular, contains rules allowing any person involved in forced or compulsory labor to make any claims to the authorities regarding the working conditions provided to him and guaranteeing that these claims are considered and taken into account.

Article 24

Appropriate measures are taken in all cases to ensure strict enforcement of the rules for the use of forced or compulsory labour, either by extending to forced or compulsory labour the functions of any existing inspection body overseeing voluntary labour, or through any other appropriate system. Measures are also being taken to ensure that these rules are brought to the attention of persons involved in forced or compulsory labor.

Article 25 Illegal recruitment to forced or compulsory labor is criminalized, and each Member of the Organization that ratifies this Convention is obliged to ensure effective effectiveness and strict compliance with the sanctions prescribed by law.

Article 26

1. Each Member of the International Labour Organization that ratifies this Convention undertakes to apply it to territories under its sovereignty, jurisdiction, protectorate, suzerainty, guardianship or administration, to the extent that it has the right to assume obligations affecting matters of domestic jurisdiction. However, if that Member wishes to avail itself of the provisions of Article 35 of the Constitution of the International Labour Organization, it must accompany its instrument of ratification with a statement indicating: 1) the Territories in which it intends to apply the provisions of this Convention unchanged; 2) the Territories in which it intends to apply the provisions of this Convention with modifications, and the details of these 3) territories in respect of which he reserves his decision. 2. This declaration will be considered an integral part of the instrument of ratification and will have the same consequences. Any Member of the Organization may, by a subsequent declaration, withdraw all or part of the reservations contained in its previous declaration by virtue of subparagraphs 2) and 3) of paragraph 1 of this article.

Article 27

The official instruments of ratification of this Convention, in accordance with the provisions of the Constitution of the International Labour Organization, shall be sent to the Director General of the International Labour Office for registration.

Article 28

1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification are registered with the International Labour Office. 2. It shall enter into force twelve months after the instruments of ratification of the two Members of the Organization have been registered by the Director General. 3. Subsequently, this Convention enters into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 29

As soon as the instruments of ratification of two Members of the International Labour Organization are registered, the Director General of the International Labour Office notifies all Members of the International Labour Organization. He shall also notify them of the registration of all instruments of ratification subsequently received by him from other Members of the Organization.

Article 30

1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by means of an act of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation takes effect one year after the registration of the act of denunciation with the International Labour Office. 2. Each Member of the Organization that has ratified this Convention, which does not exercise its right of denunciation provided for in this article within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall be bound for a further period of five years and may subsequently denounce this Convention after the expiration of each five-year period in the manner specified in this article.

Article 31

Whenever the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and decide whether to include in the agenda of the Conference the question of its revision in whole or in part.

Article 32

1. If the General Conference adopts a new convention revising this Convention in whole or in part, the ratification by a Member of the Organization of the new revising Convention shall automatically entail the denunciation of this Convention without any conditions regarding the time and regardless of the provisions of article 30, provided that the new revising Convention has entered into force. 2. Starting from the date of entry into force of the new revising Convention, this Convention is closed for ratification by the Members of the Organization. 3. In any case, this Convention remains in force in its form and content in respect of those Members of the Organization that have ratified it, but have not ratified the new, revising convention.

Article 33

The French and English texts of this Convention are equally authentic.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases