Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Abolition of Forced Labour Convention, 1957 (No. 105) - Argentina (Ratification: 1960)

Article 1(c) of the Convention

1. In its previous comments, the Committee referred to section 7 of Act No. 20840, as amended by Act No. 21459 of 18 November 1976, under which sentences of imprisonment involving the obligation to work may be inflicted upon any person who, through imprudence or negligence, destroys or damages raw materials, products, machinery, plant or other property of commercial, industrial, agricultural or mining enterprises or used for the provision of services. The Committee requested the Government to supply copies of the sentences relating to this provision and to supply information on the measures taken or contemplated in order to ensure that sentences involving compulsory labour are not imposed as a disciplinary measure in the field of work and to secure the observance of the Convention on this point.

The Committee notes the Government's statement in its report that the requested information will be transmitted rapidly.

The Committee notes that this point has been the subject of its comments for more than ten years. The Committee hopes that the Government will take the necessary measures to secure the observance of the Convention on this point and that it will supply information in its next report on the progress achieved in this respect.

Article 1(d)

2. In its previous comments, the Committee referred to certain restrictions on the exercise of the right to strike, enforced with penalties of imprisonment involving compulsory labour. In particular, section 194 of the Penal Code provides that imprisonment can be inflicted on persons who, without endangering the community, prevent, hinder or delay the normal functioning of land, water or air transport or the public communications services or services supplying water, electricity or energy-producing substances.

The Committee noted that, according to the information contained in previous reports, it had not been possible to amend the above provision, although there were no restrictions on the right to strike.

The Committee also referred to section 29 of Act No. 20318 of 26 April 1973 (brought back into force by Act No. 21808) respecting the civil defence service, with regard to the mobilisation of the population when essential public services and activities are disrupted, which, according to a statement by the Government in its report for Convention No. 29, is applicable not only to essential services in the strict sense of the term, but also to services that are not necessarily essential, such as transport and primary education.

The Committee noted the statements that no call-up had been made for the performance of the above compulsory services, even in the case of general strikes in which services were suspended that could have been essential.

The Committee notes the adoption of Decree No. 2184/90, of 16 October 1990, to issue regulations covering the machinery that is intended to prevent or, where appropriate, to orient labour disputes.

In view of the adoption of the above Decree and the fact that in practice the provisions in question, which have been the subject of the Committee's comments, are not applied, the Committee hopes that the Government will re-examine sections 194 of the Penal Code and 29 of Act No. 20318 and that it will take the necessary measures to bring the various texts of the national legislation respecting labour disputes in the essential services into harmony with each other and thereby give full effect to the Convention in this respect.

4. The Committee notes that by virtue of section 5 of Decree No. 2184/90, of 16 October 1990, "in the absence of prior agreement, the manner in which minimum services are to be provided will be established by the Ministry of Labour and Social Security".

The Committee requests the Government to supply information on the appeal procedures that are available to the parties concerned against such decisions.

The Committee also notes that by virtue of section 7 of the above Decree "failure of workers who are obliged to provide minimum services to comply with their duty to work shall be regulated by the applicable legal provisions, regulations and agreements".

The Committee requests the Government to indicate the legal provisions which may be applicable under section 7 of Decree No. 2184/90.