ILO CONVENTION No. 29: CONVENTION CONCERNING FORCED LABOUR

The General Conference of the International Labour Organization,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fourteenth Session on 10 June 1930, and

Having decided upon the adoption of certain proposals with regard to forced or compulsory labour, which is included n the first item on the agenda of the Session, and

Having determined that these proposals shall take the form of an international Convention,

adopts the twenty-eighth day of June of the year one thousand nine hundred and thirty, the following Convention, which may be cited as the Forced Labour Convention, 1930, for ratification by the Members of the International Labour Organization in accordance with the provisions of the Constitution of the International Labour Organization:

Article 1

1. Each Member of the International Labour Organization which ratifies this Convention undertakes to suppress the useof forced or compulsory labour in all its forms within theshortest possible period.

2. With a view to this complete suppression, recourse toforced or compulsory labour may be had, during thetransitional period, for public purposes only and as anexceptional measure, subject to the conditions and guaranteeshereinafter provided.

3. At the expiration of a period of five years after thecoming into force of this Convention, and when the GoverningBody of the International Labour Office prepares the reportprovided for in Article 31 below, the said Governing Bodyshall consider the possibility of the suppression of forcedor compulsory labour in all its forms without a furthertransitional period and the desirability of placing thisquestion on the agenda of the Conference.

Article 2

1. For the purposes of this Convention the term forced orcompulsory labour shall mean all work or service which isexacted from any person under the menace of any penalty andfor which the said person has not offered himselfvoluntarily.

2. Nevertheless, for the purposes of this Convention, theterm forced or compulsory labour shall not include

a) any work or service exacted in virtue ofcompulsory military service laws for work of a purelymilitary character;

b) any work or service which forms part of the normalcivic obligations of the citizens of a fully self-governingcountry;

c) any work or service exacted from any person as aconsequence of a conviction in a court of law, provided thatthe said work or service is carried out under the supervisionand control of a public authority and that the said person isnot hired to or placed at the disposal of privateindividuals, 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 orthreatened calamity, such as fire, flood, famine, earthquake,violent epidemic or epizootic diseases, invasion by animal,insect or vegetable pests, and in general any circumstancethat would endanger the existence or the well-being of thewhole or part of the population;

e) minor communal services of a kind which, beingperformed by the members of the community in the directinterest of the said community, can therefore be consideredas normal civic obligations incumbent upon the members of thecommunity, provided that the members of the community ortheir direct representatives shall have the right to beconsulted in regard to the need for such services.

Article 3

For the purposes of this Convention the term competentauthority shall mean either an authority of the metropolitancountry or the highest central authority in the territoryconcerned.

Article 4

1. The competent authority shall not impose or permit theimposition of forced or compulsory labour for the benefit ofprivate individuals, companies or associations.

2. Where such forced or compulsory labour for the benefitof private individuals, companies or associations exists atthe date on which a Member's ratification of this Conventionis registered by the Director-General of the InternationalLabour Office, the Member shall completely suppress suchforced or compulsory labour from the date on which thisConvention comes into force for that Member.

Article 5

1. No concession granted to private individuals,companies or associations shall involve any form of forced orcompulsory labour for the production or the collection ofproducts which such private individuals, companies orassociations utilize or in which they trade.

2. Where concessions exist containing provisionsinvolving such forced or compulsory labour, such provisionsshall be rescinded as soon as possible, in order to complywith Article 1 of this Convention.

Article 6

Officials of the administration, even when they have theduty of encouraging the populations under their charge toengage in some form of labour, shall not put constraint uponthe said populations or upon any individual members thereofto work for private individuals, companies orassociations.

Article 7

1. Chiefs who do not exercise administrative functionsshall not have recourse to forced or compulsory labour.

2. Chiefs who exercise administrative functions may, withthe express permission of the competent authority, haverecourse to forced or compulsory labour, subject to theprovisions of Article 10 of this Convention.

3. Chiefs who are duly recognized and who do not receiveadequate remuneration in other forms may have the enjoymentof personal services, subject to due regulation and providedthat all necessary measures are taken to prevent abuses.

Article 8

1. The responsibility for every decision to have recourseto forced or compulsory labour shall rest with the highestcivil authority in the territory concerned.

2. Nevertheless, that authority may delegate powers tothe highest local authorities to exact forced or compulsorylabour which does not involve the removal of the workers fromtheir place of habitual residence. That authority may alsodelegate, for such periods and subject to such conditions asmay be laid down in the regulations provided for in Article23 of this Convention, powers to the highest localauthorities to exact forced or compulsory labour whichinvolves the removal of the workers from their place ofhabitual residence for the purpose of facilitating themovement 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 thisConvention, any authority competent to exact forced orcompulsory labour shall, before deciding to have recourse tosuch labour, satisfy itself

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

b) that the work or service is of present or imminentnecessity;

c) that it has been impossible to obtain voluntarylabour for carrying out the work or rendering the service bythe offer of rates of wages and conditions of labour not lessfavourable than those prevailing in the area concerned forsimilar work or service; and

d) that the work or service will not lay too heavy aburden upon the present population, having regard to thelabour available and its capacity to undertake the work.

Article 10

1. Forced or compulsory labour exacted as a tax andforced or compulsory labour to which recourse is had for theexecution of public works by chiefs who exerciseadministrative functions shall be progressivelyabolished.

2. Meanwhile, where forced or compulsory labour isexacted as a tax, and where recourse is had to forced orcompulsory labour for the execution of public works by chiefswho exercise administrative functions, the authorityconcerned shall first satisfy itself--

a) that the work to be done or the serviceto be rendered is of important direct interest for thecommunity called upon to do the work or render theservice;

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

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

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

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

Article 11

1. Only adult able-bodied males who are of an apparentage of not less than 18 and not more than 45 years may becalled upon for forced or compulsory labour. Except inrespect of the kinds of labour provided for in Article 10 ofthis Convention, the following limitations and conditionsshall apply:

a) whenever possible prior determination bya medical officer appointed by the administration that thepersons concerned are not suffering from any infectious orcontagious disease and that they are physically fit for thework required and for the conditions under which it is to becarried out;

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

c) the maintenance in each community of the number ofadult able-bodied men indispensable for family and sociallife;

d) respect for conjugal and family ties.

2. For the purposes of subparagraph (c) of the precedingparagraph, the regulations provided for in Article 23 of thisConvention shall fix the proportion of the resident adultable-bodied males who may be taken at any one time for forcedor compulsory labour, provided always that this proportionshall in no case exceed 25 per cent. In fixing thisproportion the competent authority shall take account of thedensity of the population, of its social and physicaldevelopment, of the seasons, and of the work which must bedone by the persons concerned on their own behalf in theirlocality, and, generally, shall have regard to the economicand social necessities of the normal life of the communityconcerned.

Article 12

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

2. Every person from whom forced or compulsory labour isexacted shall be furnished with a certificate indicating theperiods of such labour which he has completed.

Article 13

1. The normal working hours of any person from whomforced or compulsory labour is exacted shall be the same asthose prevailing in the case of voluntary labour, and thehours worked in excess of the normal working hours shall beremunerated at the rates prevailing in the case of overtimefor voluntary labour.

2. A weekly day of rest shall be granted to all personsfrom whom forced or compulsory labour of any kind is exactedand this day shall coincide as far as possible with the dayfixed by tradition or custom in the territories or regionsconcerned.

Article 14

1. With the exception of the forced or compulsory labourprovided for in Article 10 of this Convention, forced orcompulsory labour of all kinds shall be remunerated in cashat rates not less than those prevailing for similar kinds ofwork either in the district in which the labour is employedor 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 bychiefs in the exercise of their administrative functions,payment of wages in accordance with the provisions of thepreceding paragraph shall be introduced as soon aspossible.

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

4. For the purpose of payment of wages the days spent intravelling to and from the place of work shall be counted asworking days.

5. Nothing in this Article shall prevent ordinary rationsbeing given as a part of wages, such rations to be at leastequivalent in value to the money payment they are taken torepresent, but deductions from wages shall not be made eitherfor the payment of taxes or for special food, clothing oraccommodation supplied to a worker for the purpose ofmaintaining him in a fit condition to carry on his work underthe special conditions of any employment, or for the supplyof tools.

Article 15

1. Any laws or regulations relating to workmen'scompensation for accidents or sickness arising out of theemployment of the worker and any laws or regulationsproviding compensation for the dependants of deceased orincapacitated workers which are or shall be in force in theterritory concerned shall be equally applicable to personsfrom whom forced or compulsory labour is exacted and tovoluntary workers.

2. In any case it shall be an obligation on any authorityemploying any worker on forced or compulsory labour to ensurethe subsistence of any such worker who, by accident orsickness arising out of his employment, is rendered wholly orpartially incapable of providing for himself, and to takemeasures to ensure the maintenance of any persons actuallydependent upon such a worker in the event of his incapacityor decease arising out of his employment.

Article 16

1. Except in cases of special necessity, persons fromwhom forced or compulsory labour is exacted shall not betransferred to districts where the food and climate differ soconsiderably from those to which they have been accustomed asto endanger their health.

2. In no case shall the transfer of such workers bepermitted unless all measures relating to hygiene andaccommodation which are necessary to adapt such workers tothe conditions and to safeguard their health can be strictlyapplied.

3. When such transfer cannot be avoided, measures ofgradual habituation to the new conditions of diet and ofclimate shall be adopted on competent medical advice.

4. In cases where such workers are required to performregular work to which they are not accustomed, measures shallbe taken to ensure their habituation to it, especially asregards progressive training, the hours of work and theprovision of rest intervals, and any increase or ameliorationof diet which may be necessary.

Article 17

Before permitting recourse to forced or compulsory labourfor works of construction or maintenance which entail theworkers remaining at the workplaces for considerable periods,the competent authority shall satisfy itself

(1) that all necessary measures are taken to safeguardthe health of the workers and to guarantee the necessarymedical care, and, in particular,

(a) that the workers are medically examinedbefore commencing the work and at fixed intervals during theperiod of service,

(b) that there is an adequate medical staff, providedwith the dispensaries, infirmaries, hospitals and equipmentnecessary to meet all requirements, and

(c) that the sanitary conditions of the workplaces, thesupply of drinking water, food, fuel, and cooking utensils,and, where necessary, of housing and clothing, aresatisfactory;

(2) that definite arrangements are made to ensure thesubsistence of the families of the workers, in particular byfacilitating the remittance, by a safe method, of part of thewages to the family, at the request or with the consent ofthe workers;

(3) that the journeys of the workers to and from thework-places are made at the expense and under theresponsibility of the administration, which shall facilitatesuch journeys by making the fullest use of all availablemeans of transport;

(4) that, in case of illness or accident causingincapacity to work of a certain duration, the worker isrepatriated at the expense of the administration;

(5) that any worker who may wish to remain as a voluntaryworker at the end of his period of forced or compulsorylabour is permitted to do so without, for a period of twoyears, losing his right to repatriation free of expense tohimself.

Article 18

1. Forced or compulsory labour for the transport ofpersons or goods, such as the labour of porters or boatmen,shall be abolished within the shortest possible period.Meanwhile the competent authority shall promulgateregulations determining, inter alia,

(a) that such labour shall only be employedfor the purpose of facilitating the movement of officials ofthe administration, when on duty, or for the transport ofGovernment stores, or, in cases of very urgent necessity, thetransport of persons other than officials,

(b) that the workers so employed shall be medicallycertified to be physically fit, where medical examination ispossible, and that where such medical examination is notpracticable the person employing such workers shall be heldresponsible for ensuring that they are physically fit and notsuffering from any infectious or contagious disease,

(c) the maximum load which these workers may carry,

(d) the maximum distance from their homes to which theymay be taken,

(e) the maximum number of days per month or other periodfor which they may be taken, including the days spent inreturning to their homes, and

(f) the persons entitled to demand this form of forcedor compulsory labour and the extent to which they areentitled to demand it.

2. In fixing the maxima referred to under (c), (d) and(e) in the foregoing paragraph, the competent authority shallhave regard to all relevant factors, including the physicaldevelopment of the population from which the workers arerecruited, the nature of the country through which they musttravel and the climatic conditions.

3. The competent authority shall further provide that thenormal daily journey of such workers shall not exceed adistance corresponding to an average working day of eighthours, it being understood that account shall be taken notonly of the weight to be carried and the distance to becovered, but also of the nature of the road, the season andall other relevant factors, and that, where hours of journeyin excess of the normal daily journey are exacted, they shallbe remunerated at rates higher than the normal rates.

Article 19

1. The competent authority shall only authorize recourseto compulsory cultivation as a method of precaution againstfamine or a deficiency of food supplies and always under thecondition that the food or produce shall remain the propertyof the individuals or the community producing it.

2. Nothing in this Article shall be construed asabrogating the obligation on members of a community, whereproduction is organized on a communal basis by virtue of lawor custom and where the produce or any profit accruing fromthe sale thereof remain the property of the community, toperform the work demanded by the community by virtue of lawor custom.

Article 20

Collective punishment laws under which a community may bepunished for crimes committed by any of its members shall notcontain provisions for forced or compulsory labour by thecommunity as one of the methods of punishment.

Article 21

Forced or compulsory labour shall not be used for workunderground in mines.

Article 22

The annual reports that Members which ratify thisConvention agree to make to the International Labour Office,pursuant to the provisions of article 22 of the Constitutionof the International Labour Organization, on the measuresthey have taken to give effect to the provisions of thisConvention, shall contain as full information as possible, inrespect of each territory concerned, regarding the extent towhich recourse has been had to forced or compulsory labour inthat territory, the purposes for which it has been employed,the sickness and death rates, hours of work, methods ofpayment of wages and rates of wages, and any other relevantinformation.

Article 23

1. To give effect to the provisions of this Conventionthe competent authority shall issue complete and preciseregulations governing the use of forced or compulsorylabour.

2. These regulations shall contain, inter alia, rulespermitting any person from whom forced or compulsory labouris exacted to forward all complaints relative to theconditions of labour to the authorities and ensuring thatsuch complaints will be examined and taken intoconsideration.

Article 24

Adequate measures shall in all cases be taken to ensurethat the regulations governing the employment of forced orcompulsory labour are strictly applied, either by extendingthe duties of any existing labour inspectorate which has beenestablished for the inspection of voluntary labour to coverthe inspection of forced or compulsory labour or in someother appropriate manner. Measures shall also be taken toensure that the regulations are brought to the knowledge ofpersons from whom such labour is exacted.

Article 25

The illegal exaction of forced or compulsory labour shallbe punishable as a penal offence, and it shall be anobligation on any Member ratifying this Convention to ensurethat the penalties imposed by law are really adequate and arestrictly enforced.

Article 26

1. Each Member of the International Labour Organizationwhich ratifies this Convention undertakes to apply it to theterritories placed under its sovereignty, jurisdiction,protection, suzerainty, tutelage or authority, so far as ithas the right to accept obligations affecting matters ofinternal jurisdiction; provided that, if such Member maydesire to take advantage of the provisions of article 35 ofthe Constitution of the International Labour Organization, itshall append to its ratification a declaration stating--

(1) the territories to which it intends toapply the provisions of this Convention withoutmodification;

(2) the territories to which it intends to apply theprovisions of this Convention with modifications, togetherwith details of the said modifications;

(3) the territories in respect of which it reserves itsdecision.

2. The aforesaid declaration shall be deemed to be anintegral part of the ratification and shall have the force ofratification. It shall be open to any Member, by a subsequentdeclaration, to cancel in whole or in part the reservationsmade, in pursuance of the provisions of subparagraphs (2) and(3) of this Article, in the original declaration.

Article 27

The formal ratifications of this Convention under theconditions set forth in the Constitution of the InternationalLabour Organization shall be communicated to theDirector-General of the International Labour Office forRegistration.

Article 28

1. This Convention shall be binding only upon thoseMembers whose ratifications have been registered with theInternational Labour Office.

2. It shall come into force twelve months after the dateon which the ratifications of two members of theInternational Labour Organization have been registered withthe Director-General.

3. Thereafter, this Convention shall come into force forany Member twelve months after the date on which itsratification has been registered.

Article 29

As soon as the ratifications of two Members of theInternational Labour Organization have been registered withthe International Labour Office, the Director-General of theInternational Labour Office shall so notify all the Membersof the International Labour Organization. He shall likewisenotify them of the registration of ratifications which may becommunicated subsequently by other Members of the Organization.

Article 30

1. A Member which has ratified this Convention maydenounce it after the expiration of ten years from the dateon which the Convention first comes into force, by an Actcommunicated to the Director-General of the InternationalLabour Office for registration. Such denunciation shall nottake effect until one year after the date on which it isregistered with the International Labour Office.

2. Each member which has ratified this Convention andwhich does not, within the year following the expiration ofthe period of ten years mentioned in the preceding paragraph,exercise the right of denunciation provided for in thisArticle, will be bound for another period of five years and,thereafter, may denounce this Convention at the expiration ofeach period of five years under the terms provided for inthis Article.

Article 31

At the expiration of each period of five years after thecoming into force of this Convention, the Governing Body ofthe International Labour Office shall present to the GeneralConference a report on the working of this Convention andshall consider the desirability of placing on the agenda ofthe Conference the question of its revision in whole or inpart.

Article 32

1. Should the Conference adopt a new Convention revisingthis Convention in whole or in part, the ratification by aMember of the new revising Convention shall ipso jure involvedenunciation of this Convention without any requirement ofdelay, notwithstanding the provisions of Article 30 above, ifand when the new revising Convention shall have come intoforce.

2. As from the date of the coming into force of the newrevising Convention, the present Convention shall cease to beopen to ratification by the Members.

3. Nevertheless, this Convention shall remain in force inits actual form and content for those Members which haveratified it but have not ratified the revisingconvention.

Article 33

The French and English texts of this Convention shallboth be authentic.