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E/2431

UNITED NATIONS

INTERNATIONAL
LABOUR OFFICE

REPORT OF THE AD HOC COMMITTEE
ON

FORCED LABOUR
This document is Supplement No. 13 in the Official Records of the Sixteenth Session
of the Economic and Social Council and No. 36 in the Studies and Reports
(New Series) of the International Labour Office

GENEVA
1^53

PRINTED BY " IMPRIMERtBS RÉUNIES S. A. " , LAUSANNE (SWITZERLAND)

CONTENTS
Page
PREFACE
MEMBERS OF THE Ad

1
Hoc

COMMITTEE ON FORCED LABOUR

R E P O R T OF THE COMMITTEE

2
3

I. Organisation
II. Terms of Reference
III. Methods of Work
Survey of the Problem of Forced Labour
Study of the Problem of Forced Labour
IV. Conclusions concerning the Allegations
Territories Administered b y Australia
Territories Administered by Belgium
Bulgaria
Czechoslovakia
Territories Administered b y or Associated with France . . . .
Democratic Republic of Germany
Hungary
Latin American Countries
Poland
Territories Administered by Portugal
Romania
Spain
Union of South Africa and South-West Africa
Union of South Africa
South-West Africa
Union of Soviet Socialist Republics
United Kingdom and Territories Administered by the United
Kingdom
United Kingdom
Territories Administered by the United Kingdom
United States of America

3
4
7
8
15
19
20
23
28
32
37
41
44
49
56
59
65
68
71
71
80
82
98
99
101
114

V. General Observations

124

APPENDIX I : Historical Survey of International Action concerning Forced Labour
Foreword
The Work of the League of Nations
The Work of the International Labour Organisation
The Work of the United Nations
Origin and Establishment of the Ad Hoe Committee on Forced Labour . .

131
131
131
137
149
150

APPENDIX I I : Text of the Committee's Questionnaire and Summary of the Replies
from Governments
Introduction

157
157

BEPOBT OF THE AD HOC COMMITTEE ON FORCED LABOUB
Page

Text of the Questionnaire
General Survey of t h e Replies
Summary of the Replies
APPENDIX I I I : Summary of Allegations, of Replies to Allegations and of the
Material Available to the Committee ; Comments by Governments ; Additional
Material
Explanatory Note
Territories Administered by Australia
Summary of Allegations and of the Material Available to the Committee . .
Nauru
I. Allegation
I I . Material Available to the Committee
New Guinea
I. Allegation
I I . Material Available to the Committee
Comments and Observations of the Australian Government

168
160
162

175
175
177
177
177
177
177
179
179
179
181

Territories Administered b y Belgium
Summary of Allegations, of Replies to Allegations and of the Material Available to the Committee
Congo
I . Allegations
I I . Replies by the Representative of Belgium to the Economic and
Social Council
I I I . Material Available to the Committee
Ruanda-TJrundi
I. Allegations
II. Material Available to the Committee
Comments and Observations of the Belgian Government
Additional Material
Ruanda-Urundi

185

Bulgaria
Summary of Allegations and of the Material Available to the Committee. .
I. Allegations
II. Material Available to the Committee
Additional Material

198
198
198
202
212

Czechoslovakia
Summary of Allegations, of Replies t o Allegations and of the Material Available to the Committee
I . Allegations
I I . Replies to the Committee's Questionnaire and to Allegations. .
I I I . Material Available to the Committee
Additional Material

214

Territories Ao^ministered b y or Associated with France
Summary of Allegations, of Replies to Allegations and of the Material
Available to the Committee
I . Allegations

239

185
185
185
186
187
192
192
192
197
198
198

214
214
223
223
236

239
239

COKTB^TS

V
Page

I I . Replies by the French Representative to the Economic and Social
Council
I I I . Material Available to the Committee
Comments and Observations of the French Government
Observations of the French Government
Further Observations of the French Government
Observations of the Government of Cambodia
Observations of the Government of Laos
Observations of the Government of "Viet-Nam
Additional Material

242
244
249
249
251
253
254
255
256

Democratic Republic of Germany
Summary of Allegations and of the Material Available to the Committee. .
I. Allegations
I I . Material Available to the Committee
Additional Material

258
258
258
263
273

Hungary
Summary of Allegations and of the Material Available to the Committee.
I. Allegations
I I . Material Available to the Committee

275
275
275
282

Latin American Countries
Summary of Allegations, of Replies to Allegations and of the Material
Available to the Committee
I. Allegations
I I . Replies to Allegations and Material Available to the Committee.
Comments and Observations of the Peruvian and Bolivian Governments.
Peru
Bolivia

293
293
293
295
298
298
299

Poland
Summary of Allegations and of the Material Available to the Committee.
I . Allegations
I I . Material Available to the Committee
Comments and Observations of the Polish Government

300
300
300
306
317

Territories Administered by Portugal
Summary of Allegations and of the Material Available to the Committee.
I. Allegations
I I . Material Available to the Committee
Comments and Observations of the Portuguese Government

317
317
317
320
331

Romania
Summary of Allegations and of the Material Available to the Committee.
I. Allegations
I I . Material Available to the Committee

334
334
334
341

Spain
Summary of Allegations and of the Material Available to the Committee.
I. Allegations
I I . Material Available to the Committee
Comments and Observations of the Spanish Government

347
347
347
354
362

BEPORT OF THE AD HOO COMMITTEE OK FOECED LABOTTB
Page

Union of South Africa and South-West Africa
Summary of Allegations and of the Material Available to the Committee.
Union of South Africa
I . Allegations
H . Material Available to the Committee
South-West Africa
I . Allegations
I I . Material Available to the Committee
Comments and Observations of the Government of the Union of South Africa
Union of South Africa
South-West Africa
Additional Material
Union of South Africa

373
373
373
373
377
396
396
397
403
403
413
418
418

Union of Soviet Socialist Republics
Summary of Allegations, of Replies to Allegations and of the Material
Available to the Committee
I . Allegations
I I . Replies to the Allegations
III. Material Available to the Committee
Material on the de jure Situation
Material on the de facto Situation
Comments and Observations of the Government of the Union of Soviet
Socialist Republics
Additional Material

426

United Kingdom and Territories Administered by the United Kingdom. . .
Summary of Allegations, of Replies to Allegations and of the Material
Available to the Committee
United Kingdom
I . Allegations
I I . Replies to Allegations and to the Committee's Questionnaire. .
III. Material Available to the Committee
Bechuanaland
I. Allegation
I I . Material Available to the Committee
Cameroons
I. Allegations
I I . Material Available to the Committee
Gambia
I . Allegation
I I . Material Available to the Committee
Gold Coast
I. Allegation
I I . Material Available to the Committee
Kenya
I. Allegations
I I . Reply by t h e Representative of the United Kingdom to the Economic and Social Council
III. Material Available to the Committee
Federation of Malaya
I. Allegation
I I . Material Available to the Committee

426
426
455
464
464
504
519
519
529
529
529
529
530
533
533
533
534
535
535
535
537
537
537
538
538
638
539
539
540
540
543
543
543

CONTENTS

VII
Page

Nigeria
I. Allegations
I I . Material Available to the Committee
Northern Rhodesia
I. Allegation
I I . Material Available to the Committee
Sierra Leone
I. Allegation
I I . Material Available to the Committee
Southern Rhodesia
I. Allegation
I I . Viewpoint of the United Kingdom Government
I I I . Material Available to the Committee
Tanganyika
I. Allegations
I I . Material Available to the Committee
Uganda
I . Allegation
I I . Material Available to the Committee
Comments and Observations of the Government of the United Kingdom . .
United Kingdom
Bechuanaland
Cameroons
Gambia
Gold Coast
Kenya
Federation of Malaya
Nigeria
Northern Rhodesia
Sierra Leone
Southern Rhodesia
Tanganyika
Uganda
Additional Material
Cameroons
Kenya
Sierra Leone
Tanganyika
United States of America
Summary of Allegations, of Replies to Allegations and of the Material
Available to the Committee
I . Allegations
I I . Replies to Allegations and to the Committee's Questionnaire.
I I I . Material Available to the Committee
Comments and Observations of the Government of the United States of
America
ADDENDUM

545
546
546
549
549
549
550
550
551
552
552
553
554
556
556
557
562
562
562
565
565
568
569
569
570
571
574
575
576
578
578
580
683
584
584
584
585
585
586
586
586
594
696
605
621

PREFACE

This report has been prepared by the Ad Hoc Committee on Torced
Labour for submission to the Economic and Social Council of the United
Nations and the Governing Body of the International Labour Office.
The Chairman, when transmitting the report to the u Secretary-General
of the United Nations and to the Director-General of the International
Labour Office on 27 May 1953, declared on behalf of the Committee t h a t its
members had acted in a purely individual capacity, t h a t they did not represent any Government or party and t h a t the opinions they had expressed
in their report did not and could not commit their respective countries.
The Chairman emphasised that the Committee, in drawing its conclusions, had viewed with great concern not the repression of offences against
the State, such as treason or sedition punishable in all countries, b u t those
legislative systems which attempt to correct political opinions to suit the
ideology of a particular Government.
The Committee was also well aware t h a t in modern times the duties
of States were increasing and t h a t as a corollary certain modern Constitutions
recognised the duty of citizens to work. The Committee had attempted
in its conclusions to draw a dividing line between this general obligation to
work and compulsion transforming it into a system of forced labour.
I t was with this background in mind t h a t the Committee had studied
the material before it and had drawn the conclusions embodied in its report.

Members of the Ad Hoc Committee
on Forced Labour

Chairman :
Sir Ramaswami

MTTDALIAB,

K.C.S.I., D.C.L. (Oxon.).

Members :
Mr. Paal BERG, Former President of the Supreme Court of
Norway.
Mr. Enrique Garcia
Affairs of Peru.

SAYAN 1 ,

Former Minister for Foreign

1
l a succession to Mr. Felix Fulgencio Palavioini, deceased, who was a member
of the Committee during its First Session.

REPORT OF THE COMMITTEE

I
Organisation
1. On 19 March 1951 the Economic and Social Council adopted Resolution
350 (XII) inviting the co-operation of the International Labour Organisation
" in the earliest possible establishment of an ad hoc committee on forced
labour of not more than five independent members, qualified b y their competence and impartiality, to be appointed jointly b y the Secretary-General
of the United Nations and the Director-General of the International Labour
Office ". 1
2. Previously, at its 113th Session, the Governing Body of the International Labour Office had expressed its willingness to co-operate with the Economic
and Social Council in the manner suggested in a draft resolution before t h a t
body, and had authorised the Director-General to co-operate with the Secretary-General in implementing the arrangements envisaged by t h a t proposal
in the event of its approval by the Economic and Social Council. These
arrangements were in fact approved b y the Economic and Social Council b y
Resolution 350 (XII).
3. On 27 June 1951, the Secretary-General of the United Nations and the
Director-General of the International Labour Office, acting jointly in accordance with this Resolution, announced the appointment of the following three
members of the Ad Hoc Committee on Forced Labour : Mr. Paal Berg, Sir
Ramaswami Mudaliar, Mr. Felix Fulgencio Palavicini. Mr. Enrique Garcia
Sayan was appointed between the First and Second Sessions to succeed Mr.
Palavicini, whose death occurred on 9 February 1952.
4. The Ad Hoc Committee on Forced Labour held four sessions : the First
Session at the European Office of the United Nations, Geneva, from 8 to
27 October 1951 ; the Second Session at the United Nations Headquarters,
New York, from 2 June to 1 July 1952 ; the Third Session at the European
Office of the United Nations, Geneva, from 14 October to 22 November 1952 ;
and the Fourth Session at the International Labour Office, Geneva, from
17 April to 27 May 1953.
1
For an account of the éventa leading up to the establishment of t h e Committee and
the full text of Resolution 350 (XII), see below, p p . 150-155.

BEPOBT OF THE AD HOC COMMITTEE ON FOBOED LABOtTB

5. At its first meeting the Committee elected Sir Ramaswami Mudaliar
as Chairman and it was decided t h a t he should also act as Rapporteur.
6. I n accordance with the final paragraph of Resolution 350 (XII), the
Secretary-General a n d the Director-General provided the necessary professional and clerical assistance for the work of the Committee. The Secretary
of the Committee was appointed by the Secretary-General and its Technical
Adviser b y the Director-General. The Secretary of the Committee was
Mr. A. Salkin for its First Session, and Mr. Manfred Simon for the other
three sessions. The Technical Adviser t o t h e Committee was Mr. Henri
Zwahlen.
7. The Committee adopted the procedure of holding all meetings in closed
session unless it decided otherwise. I n the course of the four sessions, the
members of the Committee also engaged in numerous informal discussions
preliminary t o arriving a t formal decisions. AU such decisions were taken
in regularly constituted meetings of the Committee acting as a body. The
Committee held 59 meetings, 10 of them in public session and 49 in closed
session. 1
8.*A description of the work of the Committee during its first three sessions
was published in^itsîfirst, second a n d third Progress Reports. 2 These three
Progress" Reports^were'submitted t o t h e Economic and Social Council and to
the Governing Body of the International Labour Office. A complete account
of the Committee's work, both procedural and substantive, is given in the
succeeding chapters of this report to the Economic and Social Council and
t o t h e Governing Body of t h e International Labour Office.

II
Terms of Reference
9. The Resolution of the Economic and Social Council requires the Ad Hoc
Committee on Eorced Labour—
To study the nature and extent of the problem raised by the existence in the
world of systems of forced or " corrective " labour, which are employed as a means
of political coercion or punishment for holding or expressing political views, and
which are on such a scale as to constitute an important element in the economy of
a given country, by examining the texts of laws and regulations and their application in the light of the principles referred to above, and, if the Committee thinks
fit, by taking additional evidence into consideration.
10. A t a very early stage of its deliberations, the Committee made a most
careful examination and study of these terms of reference. They refer to
1
The summary records of the public meetings, which have been given general distribution, maybe found in United Nations documents E/AC.36/SB, 1, 5, 7, 8, 10, 26, 28, 44, 45
and 59.
a
See United Nations documents E/2153, E/2276 and E/2341.

B E P O E T O F T H E COMMITTEE

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important element in t h e economy of a given country. Two basic issues
faced t h e Committee in t h e consideration of this wording.
11. First, should the forced or " corrective " labour employed as a means
of political coercion be necessarily on such a scale t h a t t h e result of such
labour would constitute an important element in t h e economy of a given
country 1 I n other words, if a system of forced or corrective labour employed
as a means of political coercion is found t o exist in a given country, should
the number of persons subjected to such a system a n d t h e work done b y
such persons be such as to be of tangible benefit to t h e economy of t h a t
country ?
12. The second issue which faced the Committee is of equal importance.
If a system of forced labour was found to exist in a n y country a n d people
were subjected to forced labour not as a means of political coercion a n d
punishment b u t for economic or other reasons, was such a system t o be excluded from the consideration of the Committee ? I f it were to form a subject
of consideration, then in what circumstances would it be relevant for t h e
Committee t o examine this aspect of what m a y be termed non-political
forced labour ?
13. The Committee entertained grave doubts whether the study required
by t h e Economic and Social Council related only to a system of forced or
corrective labour as a means of political coercion and then, only if it resulted
in real economic advantage t o a country. I t therefore made an exhaustive
study of the proceedings of the Economic and Social Council, from t h e Sixth
Session, when t h e subject was first placed on t h e agenda, t o t h e Twelfth
Session, when the Resolution was finally adopted. I t also studied t h e relevant
proceedings of the Governing Body of the International Labour Office. As
a result of this examination, t h e Committee came t o t h e conclusion t h a t
stress should not be laid on t h e word " and " in its cumulative sense, b u t
t h a t it was t h e intention of the Council a n d of t h e Governing Body t h a t
both t h e political a n d t h e non-political aspects of forced labour should be
studied, whether they were found t o exist together or separately.
14. The Committee accordingly interpreted its terms of reference " as including a survey and, thereafter, a study of systems of forced labour. Such
systems of forced labour were alleged t o take two forms. The first form was
forced labour for corrective purposes, in other words, in order t o correct
the political opinions of those who differed from t h e ideology of the Government of the State for the time being, those persons being sent t o prison camps
for varying periods in order t o enable the authorities t o correct thoir political
opinions and, during detention, being obliged t o perform certain services.
The second form of forced labour was exemplified where persons were obliged
involuntarily t o work for t h e fulfilment of the economic plans of a State,
their work being of such a nature as to lend a large degree of economic assist-

REPOET Oí" THE AD HOC COMMITTEE ON FOBCED LABOUR

ance to the State in the carrying out of such economic plans. Both these
forms of labour were prescribed as essential either by process of law or by
administrative measures on the part of governments." 1
15. The Committee was required to study the nature and extent of the
problem raised by the existence in the world of systems of forced or corrective
labour. The Committee believed that it was obviously not the intention of
the Resolution that it should study isolated cases of forced labour which
may be exacted by a private individual or organisation in violation of domestic
law, or even occasional measures imposed by a government either in an
emergency or for a strictly temporary period, but that it should concentrate
its attention on organised systems of forced labour, deliberately chosen or
adopted by a government as a more or less permanent means of achieving
certain results either of a political or of an economic nature, or both. This
interpretation of the word " systems " is clearly supported hy the further
directive " to study the nature and extent of the problem... by examining
the texts of laws and regulations and their application ". The Committee
has therefore directed its attention to the study of such systems of forced
or " corrective " labour as may be revealed either in the texts of laws and
regulations, or in their application, or both.
16. The Committee was further required to examine such laws and regulations and their application " in the light of the principles referred to above ",
that is, in the light of the principles in the international labour Convention
(No. 29) concerning forced or compulsory labour, the principles of the United
Nations Charter relating to respect for human rights and fundamental freedoms,
and the principles of the Universal Declaration of Human Rights. The
Committee has, in fact, made a thorough examination of international action
for the suppression of forced labour from 1920 to 1951 2 in which the relevant
principles contained in these three instruments are mentioned. It noted,
however, that, while it might take the definition of forced labour embodied
in Convention No. 29 as a working basis, the historical conditions and perspective on the basis of which that Convention was drawn up may have changed
in certain respects, and that it might therefore be necessary to review the
principles of the 1930 definition of forced labour in the light of any new
developments which might appear from its detailed study of the contemporary
problem. The Committee felt that, in any case, it would not be in a position
to arrive at any general conclusions concerning the observance of the principles
of the Convention, the Charter, or the Universal Declaration of Human
Rights until it had studied the nature and extent of the problem in law and
in practice.
17. The Committee also considered the meaning of the final words in its
terms of reference authorising it to study the problem, if it thinks fit, " by
1
This interpretation was formally adopted by the Committee and reproduced in its First
Progress
Keport (see United Nations document E/2153, paragraph 11).
a
See Appendix I .

E E P O B T OF THE

COMMITTEE

taking additional evidence into consideration ". I t noted t h a t these words
were inserted in the terms of reference as a result ^^ a "^Vepch a r n s n d m e n t ^
to the joint draft Resolution in which the word " témoignages " is used and,
having regard also to the interpretation placed upon this amendment prior
to its adoption, the Committee decided t h a t it was authorised t o receive
written and oral communications and testimony (témoignage) from private
individuals and organisations, in connection with its work.
18. The Committee recognised from the outset that, notwithstanding the
generality of the foregoing interpretation of its terms of reference, it should,
for purely practical reasons, avoid any duplication of work with other bodies
of the United Nations or of the International Labour Organisation dealing
with questions directly or indirectly related (or alleged to relate) to forced
labour, such as the question of slavery and institutions analogous thereto 2 ;
the question of conditions of life and work of indigenous populations in independent countries 3 ; the question of the treatment and conditions of prisoners
in penal and penitentiary institutions 4 ; and, lastly, any questions relating
to labour problems and conditions in general. 6
19. Finally, the Committee resolved to discharge its task, within the limits
of its terms of reference, as interpreted, without prejudice of any kind and
with complete impartiality and objectivity, on a universal basis, with the
sole aim of safeguarding human rights and improvmg the situation of
workers.

Ill
Methods of Work

20. The Committee interpreted its terms of reference as including a survey
and, thereafter, a study of systems of forced labour. The survey describes
the first stage of the Committee's work, during which it endeavoured to
obtain information relating to its terms of reference on a universal basis.
For this purpose it sought to obtain the assistance of all governments as
well as of non-governmental organisations and private individuals. The
second stage of its work involved a study of the alleged existence of forced
1

See United Nations document E/L.167/Rev.l.' '•
Formerly studied by the Ad Hoc Committee on Slavery and now b y the Economic and
Social Council of the United Nations.
3
Studied by the Committee of Experts on Indigenous Labour of the International Labour
Office.
4
Formerly dealt with b y t h e International Penal and Penitentiary Commission whose
functions have now been absorbed into the work of the Eoonomio and Social Council.
5
Dealt with by various organs of the International Labour Organisation.
a

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

labour and, if it were found to exist, of its nature and extent. This section
briefly describes the methods and procedures employed by the Committee x
with regard, first, to its survey of the problem of forced labour and, second,
to its study of that problem where it was alleged to exist.

SURVEY OF THE PROBLEM OF FORCED LABOUR

21. For the purpose of this survey, the Committee endeavoured to obtain
relevant information, on a global basis, by three principal means—it transmitted to all governments a questionnaire on forced labour ; it endeavoured
to assemble all the documents and evidence which had been brought to the
knowledge of the Economic and Social Council during its extensive debates
on the subject ; and it invited non-governmental organisations and private
individuals to submit relevant information and documentation. A description
of these three methods and of their results is given below.
Questionnaire on Forced Labour and Replies from Governments
22. The Committee was of the view that one of the most appropriate methods of assembling the texts of relevant laws and regulations and information
concerning their application (either judicial or administrative) was to request
governments to communicate them, together with any comments and necessary explanations. It therefore prepared an appropriate questionnaire for
transmission to all governments, whether Members or not of the United
Nations or of the International Labour Organisation. On the basis of the
Committee's interpretation of its terms of reference, this questionnaire was
divided into two parts, the first dealing with " punitive, educational or
corrective labour " and the [second with " other cases of compulsion to
work ". 2
23. In accordance with Resolution III adopted ¡by the Committee at its
First Session in December 1951, the Secretary-General of the United Nations
and the Director-General of the International Labour Office transmitted
the questionnaire annexed to this resolution to all governments, whether
Members or not of the United Nations or of the International Labour Organisation, and requested them to send their rephes as soon as possible, and in
any case not later than 1 April 1952. A further letter was sent at the beginning
of May 1952 by the Secretary-General or the Director-General to all governments which had not replied at that time, requesting them to send their
rephes before the opening of the Committee's Second Session.
1
A complete description of these methods a n d procedures m a y b e found in t h e Committee's
first three Progress Reports, i.e., in United Kations documents E/21S3, E/2276 and E/2341.
a
For t h e t e x t of the questionnaire, which was adopted b y the Committee a t its First
Session, see below, p p . 158-160.

KEPOBT OF THE COMMITTEE

24. Replies to the questionnaire were received from the following 48
Í T O v o r n m mrt-s !•

Afghanistan
Austraha
Austria
Belgium
Brazil
Burma
Cambodia
Canada
Ceylon
Chile
China
Cuba
Czechoslovakia
Denmark
E l Salvador
Finland
France

Germany (Federal
Republic of)
Greece
Guatemala
Hashemite Kingdom
of Jordan
Iceland
India
Indonesia
Iraq
Ireland
Israel
Italy
Japan
Laos
Liechtenstein
Luxembourg

Nepal
Netherlands
New Zealand
Norway
Peru
Philippines
Sweden
Switzerland
Syria
Turkey
Union of South Africa
United Kingdom
United States of America
Uruguay
Viet-Nam
Yugoslavia

25. The followin % Governments have not replied to the questionnaire :
Albania
Argentina
Bolivia
Bulgaria
Byelorussian S.S.R.
Colombia
Costa Rica
Dominican Republic
Ecuador
Egypt
Ethiopia
Haiti
Allegations

Honduras
Hungary
Iran
Korea
Lebanon
Liberia
Mexico
Monaco
Nicaragua
Pakistan
Panama
Paraguay

and Documentation

before the Economic

Poland
Portugal
Romania
Saudi Arabia
Thailand
Ukrainian S.S.R.
Union of Soviet
Socialist Republics
Venezuela
Yemen

and Social

Council

26. The Committee observed that the question of forced labour was first
placed on the agenda of the Economic and Social Council during its Sixth
Session and that the substance of the question had been extensively discussed
during the Eighth, Ninth, Tenth, Eleventh and Twelfth Sessions. 2 The
1
For a summary of the replies received from these Governments, see below, pp. 162-174.
For the full text of the replies, see United Nations documents E/AC.36/11 and Add.1-23.
2
That is, from 1949 to 1951.

BEPOET OIP THE AD HOC COMMITTEE ON TORCED LABOtTB

Committee therefore made a thorough examination of the substance of these
debates as recorded in the Official Records of the Council. I t found in these
records numerous statements alleging the existence of forced labour in various
countries and territories in most parts of the world. It also found that a large
number of laws, regulations and publications had been cited as evidence in
support of these allegations. In this connection, the Committee noted that,
in the sixth paragraph of the preamble to Resolution 350 (XII), the Council
referred to " documents and evidence brought to its knowledge and revealing
in law and in fact the existence in the world of systems of forced labour... ".
The Committee concluded from this that it was obliged, at least, to make a
thorough investigation of the allegations, replies to allegations and " documents and evidence " mentioned in the Official Records of the debates on
forced labour in the Economic and Social Council.
Allegations and Replies to Allegations.
27. During its First Session the Committee made a systematic summary
and classification of all statements contained in the Official Records of the
Council which alleged the existence of forced labour in various countries and
territories. Allegations to this effect related to the following 23 countries
and/or territories under their administration :
Australia,
Argentina
Belgium
Bolivia
Brazil
Bulgaria
Chile
China (People's Republic of)
Colombia,
Czechoslovakia
Ecuador
France

Germany (British Occupation Zone of)
Germany (Democratic Republic of)
Japan
Paraguay
Peru
Portugal
Romania
Union of South Africa
Union of Soviet Socialist Republics
United Kingdom
United States of America
Venezuela

Documents and Evidence relating to the Allegations.
28. Mention has already been made of the sixth paragraph of the preamble to Resolution 350 (XII), in which the Council referred to " documents
and evidence " which had been brought to its knowledge during the debates on
the question of forced labour. In the course of these debates, representatives
of Member Governments and of non-governmental organisations quoted
from or referred to certain documents or publications in support of the
allegations which they made. It was thought necessary to request these
representatives of Member Governments and non-governmental organisations

E B P O E T OS1 T H E

COMMITTEE

to transmit to the Secretariat such documents and publications as were brought
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29. Accordingly, in letters dated 18 and 21 May 1951, the Secretary-General requested those governments and non-governmental organisations to send
to the Secretariat the documents t h a t had been cited by their representatives.
Letters were sent to the following Governments : Byelorussian S.S.R., Chile,
Czechoslovakia, France, Mexico, Poland, Union of Soviet Socialist Republics,
United Kingdom and United States of America. Letters were also sent to
the following non-governmental organisations : the International Confederation of Free Trade Unions and the World Federation of Trade Unions.
30. Replies to this request were received from the following Governments : Chile, France, Poland, United Kingdom and United States of America ;
and from one of the non-governmental organisations : the International
Confederation of Free Trade Unions. 1 Documentation was transmitted b y
the Governments of France, the United Kingdom and the United States of
America, and b y the representative of the International Confederation of
Free Trade Unions.
31. Since the documentation transmitted by governments and b y one
non-governmental organisation in response to the Secretary-General's request
by no means exhausted the large number of documents and evidence cited
in t h e Council, the Committee instructed the Secretariat to endeavour to
assemble the remainder of this documentation.
32. At its Second Session the Committee h a d before it most of this
documentation in the form of working papers. I t began its examination of this
material, and continued it at its Third Session, when it summarised and
classified the documentation for inclusion in the relevant summary of material
available to the Committee which, together with the allegations, was subsequently transmitted to the governments concerned for comment.
Allegations

and Documentary Material submitted
Organisations and Individuals

33. The Committee also sought to enlist the co-operation of non-governmental organisations, since it felt t h a t they might be in possession of relevant
documentary material and information. I t noted t h a t there were over 200 nongovernmental organisations having consultative status with the Economic
and Social Council 2 and felt t h a t some of these, a t least, might be in a position
to submit such documentary material or information. One of these organisations, the American Federation of Labor 3 , had in fact been responsible for
placing the item on the agenda of the Council 4 , and, subsequently, both the
1

For text of these replies, see United Nations documents E/AC.36/4 and A d d . l and 2.
Several of the non-governmental organisations also enjoy a similar status with t h e I.L.O.
3
Now represented b y the International Confederation of Free Trade Unions (consultative status A).
4
See below, p . 150.
s

BEPORT OF THE AD HOC COMMITTEE ON FOBCED LABOUB

International Confederation of Free Trade Unions and the World Federation
of Trade Unions actively participated in the Council's debates on forced
labour.
34. The third method of obtaining documentary material and information
relating to its work was, therefore, to invite the co-operation of non-governmental organisations. For this purpose the Committee decided x to establish
special arrangements whereby such organisations could submit documentary
material and information and appear before the Committee for hearing and
questioning. These arrangements were regulated by a strict procedure laid
down in Resolution I I adopted by the Committee at its First Session.
35. The Committee also decided 2 that in addition to these non-governmental organisations in consultative status, other organisations and individuals
should be permitted to submit documentary material and information and
to be heard and questioned by the Committee under the special arrangements
established by Committee Resolution II.
36. In accordance with Committee Resolution II, in December 1951 a
letter was transmitted to all non-governmental organisations in consultative
status A or B or on the register of the Economic and Social Council,
inviting them to notify the Committeelf they wished to be heard and questioned
or to submit any documentary material and information relating to the terms
of reference of the Committee as it had interpreted them. Non-governmental
organisations in consultative status replying to this invitation in the affirmative,'as well as other organisations and individuals who, on their own initiative,
expressed the desire to be heard or to submit documentary material and
information, were first required to fulfil the conditions and to abide by the
procedure laid down in Resolution II. 3
37. The main aspects of this procedure were as follows :
(a) organisations and individuals were required to submit a memorandum not exceeding 1,000 words, specifying the points on which they
wished to be heard and questioned, and indicating the precise nature öf the
documentary material and information which they intended to submit ;
(b) the Committee decided, primarily on the basis of the contents of
memoranda thus submitted, which of these organisations and individuals
would he invited to be heard and questioned or to transmit documentary
material and information in their possession ;
(c) the Committee reserved the right both to limit the time allowed
for the hearing and questioning and to select or reject as it deemed necessary
from any documentary material or information transmitted.
1
On t h e basis of paragraph 32 of Economic and Social Council Resolution 288 (X) governing consultative arrangements with non-governmental organisations.
2
For t h e t e x t of t h e Committee's decision, see United Nations document E/2153, paragraph 21. This decision was based upon the authorisation referred to in paragraph 17 above.
3
For t h e full t e x t of this procedure, see United Nations document E/2153, paragraphs 20
a n d 21.

B E P O R T OE T H E

COMMITTEE

38. Repües to the letter transmitted in accordance with Resolution I I were
received irora 16 nun-governmental organisations having consultative s t a t u s 1 ,
of which only six requested to be heard and questioned or to submit document a r y material and information. These non-governmental organisations were
as follows : the Anti-Slavery Society, t h e Commission internationale contre
le régime concentrationnaire, the International Confederation of Free Trade
Unions, the International Federation of Free Journalists, the International
League for the Rights of Man and the International Organisation of Employers. 2
39. I n addition to these non-governmental organisations, memoranda
were received from many organisations other than those having consultative
status and from private individuals who expressed the wish to be heard and
questioned by the Committee or to transmit documentary material in conformity with the conditions laid down in Resolution I I . 3
40. Acting in accordance with the powers expressly delegated to him by
Resolution I I , paragraph 2, the Chairman examined the replies and memoranda
received from non-governmental organisations having consultative status
and the memoranda received from other organisations and individuals,
and decided which of these organisations and individuals should be invited
for hearing and questioning or to transmit to the Committee the documentary
material and information in their possession. The Committee subsequently
confirmed the Chairman's decisions concerning the organisations and individuals who were invited to testify. These decisions were in the affirmative
concerning all requests from non-governmental organisations having consultative status.
41. Representatives of the following organisations were heard and
questioned by the Committee during its Second and Third Sessions :
Anti-Slavery Society
Association of Former Political Prisoners of Soviet Labour Camps
Commission internationale contre le régime concentrationnaire
Committee of Free Jurists
Council of Free Czechoslovakia
Estonian Consultative Panel
Hungarian National Council
International Confederation of Free Trade Unions
International Federation of Free Journalists
International League for the Rights of Man
Latvian Consultative Panel
Lithuanian Consultative Panel
National Committee for a Free Albania
1
For t h e names of these organisations, see United Nations dooument E/2276, paragraph 19.
s
Five of these organisations requested both to be heard and to submit documentation ;
the International Organisation of Employers requested only the latter.
3
See above, paragraph 35.

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

Polish Association of Former Soviet Political Prisoners
Rumanian National Committee.
Each organisation was permitted to send two witnesses in addition to its
representative, if it so wished.
42. The Committee also heard and questioned four individuals who
had been invited in accordance with the aforementioned decisions.
43. These hearings were conducted during the Second and Third Sessions,
in New York and Geneva respectively. The hearings in New York were
arranged for organisations and individuals located or residing in the American
continent and the hearings in Geneva for those organisations and individuals
located or residing in Europe.
44. In conformity with the normal practice of the Committee, the
hearings of non-governmental organisations and other witnesses were conducted
in closed session. The Committee emphasised the point that its conclusions
would be based mainly on documentary evidence, particularly the relevant
laws and regulations before it, and that the hearings might serve to clarify
certain points connected with this documentary material and illustrate the
application of these laws and regulations. Consequently it felt that by having
open hearings the public would be incompletely informed as to the merits
of the case, and it decided that the records of these hearings should not he
published, since the final report would indicate the precise documentary and
other evidence upon which its conclusions had been based.
45. After hearing introductory statements by representatives of the
organisations mentioned above and by individuals, the Committee proceeded to
examine them and the witnesses associated with them with particular reference
to the relevant laws, regulations, administrative practices and economic
significance of forced labour in countries concerning which they had testified.
46. Documentary material and information was also submitted by the
above-mentioned organisations and individuals in support of their oral
statements before the Committee.
47. The substantive results of the oral statements made by, and the
documentary material received from, organisations and individuals may be
briefly indicated as follows : allegations which were submitted together with
documentary material referred to the following 14 Governments :
Albania 1
Bulgaria
China (People's Republic of)
Czechoslovakia
Germany (Democratic Republic of)
Hungary 1
Poland 1

Portugal
Romania
Spain 1
Union of South Africa
Union of Soviet Socialist Republics
United Kingdom
United States of America

1
These four Governments had not been previously referred to in the debates on forced
labour in the Economic and Social Council.

KEFOKT OF T H E

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COMMITTEE

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48. As a result of the survey described above, the Committee therefore
had before it information from the following principal sources :
(a) the replies of 48 Governments to its questionnaire ;
(b) allegations and replies to allegations made during the debates on
forced labour in the Economic and Social Council, together with documentation relating to those allegations ;
(c) further allegations, documentary material and information submitted b y organisations and individuals ;
(d) documentation (primarily laws and regulations) assembled b y the
Committee, relating to and supplementing the information referred to in (b)
and (c) above.
49. I n the course of its Second and Third Sessions the Committee made
a preliminary study of this information. As a result of this examination it
decided to confine its detailed study to those countries (or territories) concerning which allegations regarding the existence of forced labour h a d been
made, either in the Economic and Social Council, or subsequently by organisations or individuals. I n adopting this limitation of the scope of its enquiry
the Committee was well aware t h a t the results it would achieve would be
incomplete. I t felt, however, t h a t it was preferable to make a thorough
study of the problem where it was alleged to exist, rather than to attempt
to arrive at conclusions for all countries, including those where the documentary material in its possession was still manifestly inadequate. While
its detailed study and conclusions would therefore be confined to those countries and territories concerning which allegations had been made, it decided
simply to publish, without comment or conclusions concerning the remaining
countries, its summary of the replies of the 48 Governments to the questionnaire
on forced labour.
Countries concerning which Allegations have been Made
50. The Committee therefore studied the allegations and documentary
material relating to the following countries (and/or territories under their
administration) : Albania, Argentina, Australia, Belgium, Bolivia, Brazil,
Bulgaria, Chile, China (People's Republic of), Colombia, Czechoslovakia,
Ecuador, Prance, Germany (British Occupation Zone), Germany (Democratic
Republic of), Hungary, Japan, Paraguay, Peru, Poland, Portugal, Romania,
Spain, Union of South Africa, U.S.S.R., United Kingdom, United States
of America and Venezuela.
51. I t found, however, t h a t it was not possible to complete its study of the
allegations relating to Albania and China (People's Republic of) because

BEPOBT OÏ THE AD HOC COMMITTEE ON EOBOED LABOUR

documentary material relating thereto (particularly the laws and regulations)
had not been cited or submitted and could not be obtained by the Committee.
It also decided not to pursue further its study of the allegations regarding
Germany (British Occupation Zone) or Japan, since these allegations were
either imprecise or referred to conditions of military occupation which no
longer existed.
52. Por the remaining countries (or territories) concerning which allegations had been made, the Committee prepared a summary of the allegations
and of the documentary material in its possession. These summaries were prepared by the Committee during its Third Session in the form of informal
documents for transmission to the governments concerned for their comments.1

Letters to Governments
53. The Committee was of the opinion that governments should be informed of allegations regarding the existence of forced labour in their respective
countries or territories, and that letters transmitting these allegations should
indicate the evidence and documentation purporting to support the allegations, particularly the laws and regulations involved ; and that these letters
should be despatched to governments for comment.
54. Accordingly, the Committee decided at its Third Session that the
informal documents containing a summary of the allegations and of the
documentary material in its possession should be transmitted to the governments concerned for comment. Eor this purpose the Committee approved the
text of a standard covering letter, under the Chairman's signature, requesting
the governments' comments and observations on the enclosed informal document, and emphasising that, at that stage of its work, the Committee had
come to no conclusions either on the relevancy of the allegations or on the
evidential value of the information and documentary material summarised in
these documents and that they were being communicated confidentially
only to the governments concerned for comment.2
55. On 22 November 1952 this letter, together with the relevant informal
documents, was transmitted to the following 24 Governments :
Argentina
Australia
Belgium
Bolivia
Brazil
Bulgaria
1
ä

Chile
Colombia
Czechoslovakia
Ecuador
France
Germany (Democratic Republic of)

These documents, in substantially the same form, are reproduced in Appendix I I I .
For t h e full text of this letter, see below, p p . 175-176.

BEPOBT OF THE COMMITTEE

Hungary
x araguay
Peru
Poland
Portugal
Romania

Spain
XJnioi
Union of Soviet Socialist Republics
United Kingdom
United States of America
Venezuela.

56. On 2 March 1953 a letter of reminder, under the Chairman's signature, was despatched to all governments who had not replied b y t h a t date
to the letter of 22 November 1952.
57. On 23 April 1953 (the opening date of its Fourth Session) the Committee decided to despatch a cable to those governments which had not transmitted their comments and observations by t h a t time. The Committee emphasised
in this cable t h a t the allegations summarised in the informal documents
were not its own and t h a t it was most anxious t o have the governments'
comments and observations to assist it in reaching the most accurate conclusions. The cable contained a final appeal for the co-operation of these
governments, indicated the Committee's intention to conclude its work by
22 May 1953, and requested t h a t comments and observations be sent b y
10 May 1953.
58. The Committee decided to fix 20 May 1953 as the final deadline for
receipt of comments and observations for publication in its report, and t h a t
any comments and observations received after t h a t date would be issued
separately. 1
Comments and Observations Received
59. By 20 May 1953, the following Governments had transmitted their
comments and observations on the informal documents summarising the
allegations and documentary material concerning them 2 :
Australia
Belgium
Bolivia
France
Peru

Portugal
Spain
Union of South Africa
United Kingdom
United States of America.

60. The following Governments had therefore not transmitted their
comments and observations by 20 May 1953 :
Argentina
Brazil
Bulgaria

Chile
Colombia
Czechoslovakia

1
I n the form of United Nations mimeographed docïiments (as addenda to United
Nations documen E/2431).
2
For the text of these comments and observations, see Appendix I I I .

REPOBT OF THE AD HOC COMMITTEE ON FORCED LABOUR

Ecuador
Germany (Democratic Republic of)
Hungary
Paraguay

Poland
Romania
Union of Soviet Socialist Republics
Venezuela.

61. The delegations of Poland and the U.S.S.R. to the United Nations
have returned the informal documents concerning their Governments by notes
dated 27 March 1953 and 30 December 1952, respectively.1 The Foreign
Ministers of Chile and Venezuela have indicated (by cables dated 25 April
and 7 May 1953, respectively) that the informal documents transmitted to
them on 22 November 1952 have not been received. A copy of this letter,
together with the relevant informal documents, has therefore been transmitted to these two Governments. The Ministry of Foreign Affairs of Colombia has indicated (by letters dated 13 March and 10 April 1953) its intention
to forward the comments and observations of that Government. In accordance with the Committee's decision, such comments and observations as may
be received after 20 May 1953 will be issued separately.2
Final Study and Conclusions
62. The Fourth Session of the Committee was devoted to a final study
of the allegations and documentary material relating to the 24 Governments
listed in paragraph 55 above. The object of this study was to determine
whether the allegations relating to these Governments were relevant to the
Committee's terms of reference and if so, whether the documentation before
the Committee revealed the existence of a system of forced labour of either
the " political " or " economic " or of both types coming within the meaning
of its terms of reference.
63. For this purpose the Committee made an examination of the allegations
concerning these 24 Governments in the light of the documentary material
in its possession. This material is now published in Appendix I I I of this
report as (a) the summaries of allegations and of the material available to
the Committee relating to the 24 Governments ; (b) the comments and observations of ten of these Governments ; and (c) certain additional material
assembled by the Committee between its Third and Fourth Sessions.
64. The conclusions of the Committee with regard to the relevancy of the
allegations as well as the evidential value of the documentary material may
be found in Section IV of this report. In the case of those allegations which
were found to be both relevant to its terms of reference and substantiated
by the documentation in its possession, the Committee has also drawn conclusions as to whether a system of forced labour, either of the " political " or of
1

For t h e t e x t of these notes, see below, p p . 317 a n d 519.
I n t h e form of United Nations mimeographed documents (as addenda t o United
Nations document E/2431).
2

BBPOBT O F T H E

COMMITTEE

the " economic " or of both types referred to in its terms of reference, was
found to exist in the country or territory concerned.
65. Section V contains certain general observations of the Committee
concerning " the nature and extent of the problem raised by the existence in
the world of systems of forced or ' corrective ' labour ".
Adoption of the Report
66. At its 58th meeting on 27 May 1953 the Committee adopted its
report unanimously for submission to the Economic and Social Council and
to the Governing Body of the International Labour Office.

IV
Conclusions concerning the Allegations
67. This Section sets forth the results of the Committee's study of the allegations in the light of the documentary material and information in its possession. In addition to the informal documents transmitted to the 24 Governments concerned by the Chairman's letter of 22 November 1952, the Committee had before it the comments and observations often of these Governments and replies to the questionnaire on forced labour from eight of
them.
68. The Committee wishes to express its appreciation of the co-operation
which has been extended by these Governments and which has generally
enabled it to obtain a fuller understanding of the situation in their countries
or in territories under their administration.
69. It should be emphasised that the volume and scope of the documentary
material was not the same for each of the 24 Governments which were the
subject of allegations. There was sufficient documentary evidence in the
case of many of the allegations to enable it to reach conclusions regarding
the de jure situation and in some cases there was official documentation which
enabled it to come to a finding on the de facto situation. In other cases, the
Committee has not been able to reach such definite conclusions regarding
the allegations because of the inadequacy of the information ; where this
is so the fact has been indicated. The absence of such definite conclusions
does not necessarily imply that forced labour does not exist in the countries
concerned.
70. The Committee has indicated the substance of the evidence upon which
its findings and conclusions have been based. For a full appreciation of the
Committee's findings and conclusions, reference should be made, when neces-

BEPOBT OB' THE AD HOC COMMUTEE ON ÏOBCED LABOUR

sary, to the comprehensive summary of the allegations and documentary
material contained in Appendix I I I of this report.
71. The following are the Committee's findings and conclusions concerning
the alleged existence of forced labour in the 24 countries (and /or territories
under their administration).

TERRITORIES ADMINISTERED BY AUSTRALIA

72. Allegations regarding the existence of forced labour in territories
administered by Australia were made during the debates on forced labour
in the Economic and Social Council by the representative of the U.S.S.R.
73. These allegations maintain in substance —
(a) that, in the Territory of Nauru, Chinese workers are subjected to
a disguised form of forced labour and that in cases of violation of the terms
of their contracts they are liable to prosecution ;
(b) that, in the Territory of New Guinea, the freedom of Natives to
accept employment outside their areas of residence is restricted, and that
the regulations relating to Native administration permit the use of forced
labour for certain types of work regarded as useful for the populations concerned.
74. At its Fourth Session the Committee had before it the allegations1,
the documentary material concerning them *, the comments and observations
of the Government 2 and its reply to the Committee's questionnaire.3 The
following are the Committee's findings and conclusions concerning the alleged
existence of forced labour in the territories administered by Australia.

Nauru
75. In connection with the allegation concerning Nauru, the Committee
examined the Chinese and Native Labour Ordinance, 1922 (No. 18 of 19221924).4
76. This Ordinance prescribes minimum conditions and standards for the
general benefit of employees and also provides for penal sanctions for breaches
of contracts of employment.
77. Section 8 states that a labourer who neglects, without reasonable cause,
to perform any work which under the contract it is his duty to perform is
1

See below, p p . 177 and 179.
See below, p . 181.
United Nations document E/AC.36/ll/Add.21.
* See below, p . 178.
2

BEPOBT OF THE COMMITTEE

guilty of an offence, and, in accordance with Section 49, he is liable on conviction by a competent court to a penalty not exceeding £20 and, in default
of payment, to a term of imprisonment not exceeding three months.
78. The Committee also noted that, according to Section 19, if a labourer
commits an offence for which he is sentenced to a term of imprisonment
whereby the employer loses the benefit of his services, the term during which
the labourer is imprisoned is to be added to the term of his contract.
79. Section 14 stipulates that a labourer who, through negligence or carelessness or other improper conduct, causes damage to, or loss of, any tools
or other property of his employer, is also guilty of an offence. According
to Section 21, the use of threatening language to the employer or any person
placed in authority over the worker is an offence punishable by a penalty
not exceeding £10 or by a term of imprisonment not exceeding 12 months.
80. Commenting on this allegation, the Australian Government states * that
there is no recruitment of labour in the Territory and that the indigenous
inhabitants are engaged by the Administration on a permanent or temporary
basis and by the British Phosphate Commissioners as casual non-contract
workers. Chinese, on the other hand, are recruited on contract from Hong
Kong, and Gilbert and Ellice Islanders from that colony. The terms of
the agreement into which the Chinese workers are supposed to enter
are explained to them at the place of their recruitment and again upon arrival
in Nauru under the direction of the Administrator, who ensures that the
intending employee is fully aware of the conditions contained in the agreement
and that he has completely understood them. The agreement is subject
to the provisions of the Chinese and Native Labour Ordinance examined
above.
81. The Government also states 2 that every contract for service or work
in the Territory of Nauru by Chinese, Nauruans and other Pacific Islanders
is made in accordance with the provisions of the Chinese and Native Labour
Ordinance, 1922-1924, and that contracts for service are for one year.
82. According to statistics contained in the Annual Report to the General
Assembly of the United Nations on the Administration of the Territory of Nauru,
1951-1952, attached to the comments and observations of the Australian
Government3, there were 747 Chinese workers in the Territory on 30 June
1952, 716 of whom worked for the British Phosphate Commissioners. The
total number of workers employed by this enterprise was, at the same period,
1,360. On the same date, in addition to the Chinese workers just mentioned,
the British Phosphate Commissioners employed 100 Europeans, 420 Gilbert
and Ellice Islanders and 124 Nauruans. With the exception of the Europeans,
the provisions of the Chinese and Native Labour Ordinance are applied to
all these workers.
1
2
3

See below, p . 183.
See below, p . 184.
See below, p . 182.

EEPOET OF THE AD HOC COMMITTEE ON FOECED LABOUR

83. It is therefore evident that breach of contract by Chinese or other
non-European workers is a criminal offence under the legislation in force in the
Territory of Nauru. The question arises whether this legislation forms the
basis of a system of forced labour within the meaning of the Committee's
terms of reference.
84. While these workers appear to enter into labour agreements voluntarily, penal sanctions are applied for breaches of contract and other offences
laid down by the law. This situation is aggravated for the worker by the
fact that any time spent in prison is added to the term of his contract.
85. There appears to be no doubt as to the economic importance for the
Territory of Nauru of the British Phosphate Commissioners, who employ
1,360 workers out of a total labour force of 1,819 in the Territory.
86. The Committee feels that the risk of heavy penal sanctions for breach
of contract constitutes a serious restriction on the personal liberty of the
worker. Legislation of this kind, if abused or vigorously implemented, might
lead to a system of forced labour for economic purposes.
87. The Committee noted the Australian Government's statement contained in its comments and observations 1 that approval has been given by the
Minister of Territories for the abolition of penal sanctions, and that action is
being taken to amend the Chinese and Native Labour Ordinance, 1922-1924,
accordingly.
New Guinea
88. In connection with the allegation concerning restrictions on the freedom
of employment and the use of compulsory labour for certain types of work
in the Territory of New Guinea, the Committee examined the Native Labour
Ordinance, 1950-1952.2 This text abolishes the system of contracts and
replaces it by a system of agreements. The agreements must be concluded
in writing for a maximum duration of three years.
89. According to Section 20 of the Ordinance a Native is deemed to be
engaged for employment when he consents or offers to be employed under
an agreement or leaves any place where he may then be with a view to being
so employed. According to Section 33 an agreement does not have any force
or effect until it is sanctioned and attested by an authorised officer.
90. A Native worker is entitled to repatriation to his place of residence at
the employer's expense and, according to Section 64, a Native may be employed
at any place in the Territory.
91. The Australian Government has ratified international labour Convention No. 29 and forced labour is prohibited in the Territory, except in such exceptional circumstances as are recognised by the Convention. Forced labour
1
2

See below, p . 182.
See below, p . 181.

R E P O R T Oí 1 T U E COMMITTEE

exacted in such exceptional circumstances does not constitute a system of
forced labour within the meaning of the Committee's terms of reference.1
92. In view of the evidence examined above, the Committee finds that the
allegation concerning the existence of forced labour in the Territory of New
Guinea under Australian administration is not substantiated.
Conclusions
93. The Committee finds—
(a) that under existing legislation in the Territory of "Nauru breaches
of labour contracts by Chinese and other non-European workers are punished
as a criminal offence and that such legislation, if abused or vigorously implemented, might lead to a system of forced labour for economic purposes ;
(b) that the allegation regarding the existence of forced labour in New
Guinea is not substantiated.

TERRITORIES ADMINISTERED BY BELGIUM

94. Allegations regarding the existence of forced labour in territories administered by Belgium were made during the debates on forced labour in the
Economic and Social Council by the representatives of the Byelorussian
S.S.R., Poland and the World Federation of Trade Unions.
95. The allegations refer in substance to the following points :
(a) compulsory cultivation in the Belgian Congo in the guise of agricultural work carried out for educational purposes ;
(b) labour conditions in the mines in the Belgian Congo ;
(c) unpaid services for local chiefs and compulsory unremunerated labour
in the Territory of Ruanda-Urundi ;
(d) compulsory labour for failure to pay taxes in the same Territory.
96. At its Fourth Session the Committee had before it the allegations2,
the replies to the allegations 3, the documentary material concerning them 4,
the comments and observations of the Government 5 , and its replies to the
Committee's questionnaire.8 The following are the Committee's findings
and conclusions concerning the alleged existence of forced labour in territories
administered by Belgium.
1
i.e., porterage in the neighbourhood of villages a n d work or services such as compulsory
cultivation executed in eases of emergency. See below, p p . 130-181.
2
See below, p p . 185 and 192.
3
See below, p . 186.
4
See below, p p . 187 and 198.
5
See below, p . 197 a n d addendum, p . 621.
6
United Nations documents E/AC.36/11 a n d Add.15.

B.EP0BT OF THE AD HOC COMMITTEE ON FOKCED LABOUB

Congo
Compulsory

Cultivation.

97. With regard to the use of compulsory cultivation, the Committee noted
the reply of the representative of Belgium at the Ninth Session of the Economic
and Social Council 1 , to the effect t h a t forced labour in the Belgian Congo
was governed b y international labour Convention No. 29 concerning forced
or compulsory labour and t h a t the Convention had been approved by a
Legislative Order of 20 May 1943 published in the Moniteur belge on 31 July
of the same year. The Belgian representative also stated t h a t forced labour
on behalf of private interests was completely forbidden.
98. During t h e 12th Session of the Economic and Social Council the Belgian
representative explained why his Government considered compulsory cultivation to be necessary. 1 He stated t h a t Belgium was responsible for primitive
populations with little inclination for agricultural work and that the use of
compulsory cultivation was necessary as a means of agricultural instruction
and of securing the execution of urgent work in the interests of the community.
He assured the Council t h a t compulsory labour was subject to a limit of
60 days and t h a t no restrictions could be placed on the sale of the crops produced.
99. I n its note dated 19 May 1953 2 , transmitting the Government's comments to the Chairman of the Committee, the Permanent Delegation of Belgium to the European Office of t h e United Nations stresses t h a t Belgium
has ratified the Forced Labour Convention with the reservation t h a t compulsory
cultivation may be imposed only in exceptional cases determined b y the
Administration for public purposes such as food-growing or agricultural
training courses.
100. The Committee had before it the Legislative Order of 20 May 1943
ratifying international labour Convention No. 29. 3 This Order contains the
following provisions in Article 2 (II) :
By way of exception to the provisions of the first paragraph, the competent
authority may authorise recourse to compulsory cultivation as a means of agriculr
tural instruction, if such a measure is justified by the idleness or improvidence of
the population, subject nevertheless to the following conditions :
(a) that the compulsion thus imposed is temporary and ceases as soon as the
communities to which it is applied have acquired the habit of such cultivation ;
(b) that the compulsion is not applied except for the cultivation of land in which
the communities or individuals concerned possess accrued rights ;
(c) that the produce of the cultivation thus imposed and all profits accruing from
the sale of the produce thereof remain the property of the individuals or communities concerned ;
1
2
3

See below, p . 186.
See addendum, p . 621.
See below, p . 187.

B B P O E T Ol" T H E

COMMITTEE

(d) that all necessary measures are taken to ensure the sale of the produce under
the most advantageous conditions ;
(e) that all necessary measures are taken to protect the communities and individuals concerned against fraud on the part of the purchasers of the produce,
in particular hy the fixing of a minimum purchase price and by regulations
relating to the weighing and payment of the produce.
By way of exception to the said provisions, the competent authority may
authorise recourse to the compulsory planting of certain species of trees for the
purpose of reafforestation.
101. Furthermore, a Decree of 5 December 1933, amended by a Legislative
Ordinance of 17 April 1942 \ which still appears to be in force, also contains
provisions governing compulsory cultivation in Article 45 (h). I t requires
Native subdistricts " to plant and cultivate in the subdistrict food crops
for the sustenance and in the exclusive interest of the population, or food
crops or products for export introduced for educational p u r p o s e s . . . ".
102. I t is evident from these provisions t h a t compulsory cultivation may
be imposed in the Belgian Congo for the production not only of food crops but
also of products for export. This is confirmed by several Belgian publications,
some of them official2, which reveal t h a t this method of education has been
.used, apparently on a large scale, for the growing of crops such as cotton,
rice, maize, coffee, palm oil and other similar products.
103. The Committee is not aware whether or to what extent the system
of compulsory cultivation is still used in the Belgian Congo for t h e growing of
such products. There would seem to be no doubt, however, t h a t the legislation
concerned is still in force. While fully recognising t h a t such methods may,
in the long run, result in a higher standard of living for the indigenous population, the Committee feels t h a t if they were still applied on a large scale for
the growing of export crops of importance for the economy of the territory,
they might lead to a system of forced labour for economic purposes.
Labour Conditions in the

Mines.

104. With regard to this allegation the Committee noted t h a t Article 47
of a Decree of 16 March 1922 3 imposes a fine or two months' penal labour,
or both, if an employee maliciously contravenes the obligations imposed
upon him by the Decree, the agreement or custom, and t h a t Article 48
imposes a fine or a fortnight's penal labour, or both, if an employee is guilty
of a serious offence or repeated offences against the rules of employment or
of the establishment.
105. According to a r e p o r t 3 submitted to the Belgian Parliament on the
administration of the Congo during 1949, 34,066 indigenous workers were
sentenced in t h a t year for failing to respect their contracts of employment.
1
s
3

Seo below, p . 188.
See below, p p . 188-190.
See below, p . 191.

BEPOBT OF THE AD HOC COMMITTEE OK FOBCED LABOTJB

106. The Committee notes that Belgium has not yet ratified international
labour Convention No. 65 concerning penal sanctions for breaches of contracts of employment by indigenous workers.1 I t has also noted the Belgian
Government's comment that workers employed in the mines are not compelled
to do forced labour.2
107. The Committee finds that indigenous labour is of importance to the
mining and other industries existing in the Belgian Congo, and that the penal
measures employed to hold indigenous workers to their jobs and the number of
sentences for breach of contract might lead to a system of forced labour for
economic purposes.
Bimnda- Urundi
Unpaid Services for Local Chiefs and Compulsory Unremunerated Labour.
108. In connection with unpaid services for local chiefs, the Committee notes
that, in its report to the Trusteeship Council on the administration of RuandaUrundi for the year 1948 3, the Belgian Government states that all labour
contributions which survived from the old tribal system have finally been
abolished and replaced by a small monetary contribution. This appears to
be confirmed by the Visiting Mission sent by the Trusteeship Council in
its report dated 31 October 1948.3
109. The allegation relating to unpaid services for local chiefs does not therefore seem to be substantiated and, even if it were, the Committee feels that
such services as are described in Appendix III 4 , would not constitute a
system of forced labour within the meaning of its terms of reference, since
considerable economic importance cannot be attributed to them.
110. In connection with the question of unpaid services in indigenous districts, the Committee examined a Legislative Ordinance of 4 October 1943, as
amended on 17 April 1946 5, which imposes a wide variety of duties on the
chiefdoms, which the chiefs and sub-chiefs have to share out equitably between
the various subdivisions in their districts and between the inhabitants in
each subdivision (Article 49). Only able-bodied adult males may be required
to give their services for a maximum period of 60 days a year. Under Article 51,
any indigenous inhabitant who fails to carry out or is negligent in carrying
out the work required of him is liable to a term of penal servitude not exceeding
seven days and a fine of 100 francs, or to one of these two penalties.
111. I t appears from this Ordinance that only certain services, including
local road-clearing, burials and work on reafforestation projects are unpaid.6
1

See below, p . 191.
See below, addendum, p . 621.
See below, p . 193.
á
See below, p p . 193-194.
6
See below, p . 194.
6
Unremunerated labour for road-clearing has been replaced b y a t a x in lieu fixed at
10 francs. See below, p . 195.
2

KEPOET OF THE COMMITTEE

Other types of work which may be imposed on the inhabitants of indigenous
districts under this Ordinance include the construction and maintenance of
schools, a court house and a prison for the indigenous population, rest houses
for indigenous administrative assistants, regional motor roads and water
channels.
112. The Committee finds that compulsory labour for such public works
and services is provided for by law and does in fact exist in Ruanda-Urundi ;
that labour exacted under this Legislative Ordinance, as amended, is permissible under international labour Convention No. 29 only for a transitional
period and that it should be progressively abolished. It has also found indications from the report of the Senate Study Mission published in 1947 1 and
the prefatory statement explaining this Ordinance1, as well as from the types
of work described in the Ordinance itself, that the compulsory labour required
thereunder might be of some economic significance. Since, however, the
Committee has no precise information concerning the number of persons
who are obliged to do the work prescribed, it refrains from drawing any definite
conclusions as to whether this in fact constitutes a system of forced labour
for economic purposes.
Compulsory Labour for Failure to Pay Taxes.
113. As regards compulsory labour for failure to"pay taxes, Article 21 of a
Decree of 17 July 1931 on the Native tax 2 prescribes that defaulting taxpayers
should do certain work. An Ordinance dated 2 November 1933 states that
taxpayers detained for debt may be employed on works the general programme of which is to be drawn up by the Governor of the Ruanda-Urundi
territories.2
114. In the report of the Belgian Government to the General Assembly
of the United Nations on the administration of Ruanda-Urundi in 19502,
it is stated that, out of a total of 788,059 taxpayers, only 1,614 had defaulted
and were subjected to imprisonment for failure to pay taxes. The Committee
found that, in view of the small number of defaulters, the legal authority for
compulsory labour for failure to pay taxes (which still exists) is not enforced in practice as a system of forced labour within the meaning of its
terms of reference.
Conclusions
115. To sum up, the Committee finds—
(a) that, in territories administered by Belgium, indigenous mineworkers are not forcibly recruited but that they are liable to penal sanctions
for breach of contract, which might lead to a system of forced labour for economic purposes ;
1
2

See below, p . 195.
See below, p . 196.

BEPOET OF THE AD HOC COMMITTEE ON FOECED LABOUE

( b) that certain forms of compulsory labour are still in existence and
that some of these are tolerated by international labour Convention No. 29
during a transitional period, but that some of these practices, i.e., compulsory
cultivation and compulsory labour in indigenous districts for public purposes,
might have some economic significance for the territory and might therefore
lead to a system of forced labour for economic purposes.
BULGARIA

116. Allegations regarding the existence of forced labour in Bulgaria were
made during the debates on forced labour in the Economic and Social Council
by the representatives of the United Kingdom and the United States of
America and were also submitted to the Committee by various non-governmental organisations.
117. The allegations maintain in substance that the country has a system
of forced labour aiming both at political coercion and at implementing the
Government's economic policy. The system has allegedly two aspects :
(a) forced labour in execution of the sentence t>f a court of law or in
enforcement of a simple administrative order, such labour being imposed
for the punishment and re-education of those opposed to the new regime ;
(b) labour exacted from a considerable proportion of the population
by various restrictions imposed on freedom of employment and other measures
connected with the mobilisation of labour and the compulsory assignment
of workers.
118. At its Fourth Session the Committee had before it the allegations1
and the documentary material concerning them.2 The following are the
Committee's findings and conclusions concerning the alleged existence of
forced labour in Bulgaria.
Forced Labour for Punitive and Corrective Purposes.
Forced Labour Imposed by a Court under Penal Law.
119. Bulgarian penal legislation provides that persons sentenced to a
penalty entailing deprivation of liberty have to perform suitable work ; for
certain offences it also prescribes a corrective labour penalty not involving
deprivation of liberty, for a maximum period of one year, the sentence
being served at the usual workplace of the condemned person or elsewhere
(Articles 22, 23, 24 and 27 of the Penal Act of 1951).3
120. Compulsory labour imposed as a result of a judicial sentence on a
person found guilty of a crime does not, in itself, come within the purview of
the Committee. It is therefore necessary to examine the general purpose of
1
2
3

See below, p . 198.
See below, p . 202.
See below, p p . 203-205.

B E P O B T OF THE

COMMITTEE

penal law and the definitions of crimes under existing legislation to determine
whether such compulsory labour is imposed as a means of political coercion.
121. The Penal Act of 1951 states in Articles 1 and 21 1 that the purpose of
this legislation " is to protect the People's Republic of Bulgaria and the
social structure and legal order established there ", and " to render the enemies
of the people harmless ". Viewed in conjunction with the definition of an
offence (a socially dangerous act—action or inaction—culpably committed
and declared to be punishable by law) 2 , the scope of which is further enlarged
by the adoption of the principle of analogy in penal law 2 , the general principles
laid down in this Act may be interpreted in such a way as to permit the courts
to convict and subject to forced labour persons who are opposed to the political
ideology of the Government. Moreover, some of the persons who have appeared before the Committee, either as representatives of organisations or as
spokesmen on behalf of witnesses, have stated that the penal law is so interpreted. Political offences such as treason, espionage, sabotage, diversionary
activities and other harmful acts are defined by law in extremely broad
terms and are punishable in the same manner as ordinary criminal offences ;
persons convicted of such offences are accordingly sentenced to forced labour.
122. Article 21 of the Penal Act states that the purpose of the penalties inflicted is, inter alia, " t o correct and re-educate" the offender "so as to make
him obey the rules of the socialist community ", and " to influence the other
members of society by educational methods ". 1 This Article suggests that
persons convicted of political offences may be subjected to re-educative
action to correct their political opinions.
Forced Labour Imposed under Administrative Law.
123. The People's Militia Act of 19483 provides that " the People's
Militia may arrest and send to labour and education communities . . . persons
guilty of fascist activities and activities directed against the people, persons who
constitute a threat to public order and the security of the State or, finally, persons who spread pernicious and false rumours " (Article 52) as well as persons
living a dissolute life, e.g., blackmailers, procurers, gamblers, beggars, speculators and black marketeers (Article 53). I t is clear from the very name of the
places to which these persons are sent ("labour and education communities '') and
from the provisions which govern their administration and financial resources4.
that the inmates of these communities are obliged to do various types of work
either on farms and in workshops or in State and municipal institutions, to
which they are hired out. The Act also provides that the People's Militia
may assign a new place of residence, either permanently or temporarily.
1

See
See
See
* See
2

below,
below,
below,
below,

p . 203.
p . 204.
p . 207.
p p . 207-208.

REPORT OF THE AD HOC COMMITTEE OK FORCED LABOUR

to persons guilty under the Act (Article 54), and that " whenever persons
so assigned have no means of subsistence and are unable to find employment
themselves, the local militia commissariat shall take steps to find work for
them " (Article 55).1
124. These measures are taken by the administrative authorities, the
Minister of the Interior or such persons as he may designate for the purpose
(Article 54).1 The decision to arrest persons guilty of fascist activities and
other persons mentioned in Article 52 is taken by the Minister of the Interior
with the agreement of the Prosecutor-General of the People's Republic.1
125. In the opinion of the Committee these measures, taken by such bodies
and for the reasons generally stated in these laws, constitute a system of
forced or corrective labour applied as a means of political coercion. This
conclusion is also confirmed by oral and documentary evidence presented
to the Committee to show that the administrative authorities have in fact
sent large numbers of political dissidents to forced labour camps in application
of the above-mentioned legislation.
Forced Labour Camps.
126. The Committee has considered the evidence supplied by witnesses
and representatives of non-governmental organisations relating to the
number of forced labour communities and camps in which political offenders are allegedly detained in execution of the sentence of a court of
law or an administrative order, the number of persons detained in them,
the living and working conditions prevalent there and the economic
importance of the system so constituted. This evidence included several
detailed maps said to have been prepared on the basis of the testimony of
former inmates and purporting to show the existence of many communities
or camps in close proximity to industrial areas or regions where large-scale
works are in progress. While the method adopted to substantiate this evidence
is impressive, the Committee is not in a position to draw any definite conclusions, in the absence of any possibility of checking this material.

The Mobilisation of Labour and Restrictions on the Freedom of Employment.
127. An'Act of 1948 respecting the mobilisation of labour and industry 2
empowers the Council of Ministers to direct persons or groups of persons
between certain specified ages to do industrial or other work. It also authorises
the mobilisation of specialists in various technical and professional branches,
under the threat of penal sanctions. According to the Act persons so mobilised are to be remunerated.
1
2

S e e below, p . 2 1 1 .
See below, p . 209.

BEPOET O l THE COMMITTEE

128. In addition, an Ordinance dated 3 March 1952 to set up a Central
Labour Reserve Department x provides for various types of vocational schools
for young persons ; under Article 5, persons who have finished their training
in these schools are required to work for four years in the branch of industry
to which they have been sent. Article 4 of the Ordinance provides that
candidates for labour reserve schools are to be found from voluntary applicants or by planned recruitment. Thus placed in opposition to the idea of
voluntary application, the expression " planned recruitment " seems to
imply that recruitment may, if necessary, be carried out by compulsion, in
which case neither the period of training nor the compulsory four-year period
of work which follows it would constitute voluntary work.
129. The 1951 Labour Code2 imposes certain restrictions on the freedom of
employment, some of which appear to be conditions forming normal clauses
in any labour contract. Other restrictions, however, such as the compulsory
transfer of workers from one undertaking or region to another, are so farreaching that they convert the status of a worker into something which at
least resembles that of a forced labourer. Even more severe restrictions are
imposed by the Act of 17 February 1953 to stabilise manpower in undertakings 3, the purpose of which is to strengthen labour discipline and thereby
to contribute to the reinforcement of the country's economic and defensive
strength. Article 2 of this Act prohibits certain workers and employees from
leaving their employment on their own initiative by their unilateral termination of a contract of employment concluded for an indefinite period, the
penalty for an infringement being deprivation of liberty for from two to four
months or corrective labour for a maximum period of one year.
130. The Committee has also considered the Act of 1949 concerning the
State Five-Year Economic Plan 4 , which provides for a considerable increase
in the number of workers and employees occupied in the national economy
and empowers the Council of Ministers to take generally binding decisions
to implement the plan. This would seem to authorise the Government, in
case of need, to resort to compulsion in recruiting the necessary manpower
for the implementation of the plan.
131. Having considered all these measures, which are intended to enable
the Government to implement its economic policy, and which involve, when
necessary, the use of compulsion on workers under the threat of penal sanctions, the Committee finds that this constitutes the basis of a system of forced
labour of appreciable importance to the economy of Bulgaria.
132. On the other hand, the Committee does not feel that it can draw a
similar conclusion as regards compulsory service for local public purposes i,
1

See
See
See
*See
2

below,
below,
below,
below,

p.
p.
p.
p.

212.
211.
213.
210.

BEPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

the period of which—a maximum of four days a year—is so short that it
cannot be considered as the basis of a system of forced labour which would
play an appreciable role in the national economy.
Conclusions
133. To sum up, the Committee finds —
(a) (i) that Bulgarian penal legislation could constitute the basis of a
system of forced labour aiming at the political correction and re-education
of those opposed to the political ideology of the Government ;
(ii) that, furthermore, Bulgarian administrative law makes provision
for a system of detention with compulsory labour imposed by the administrative authorities ; that the law is expressly aimed at the opponents of the
established political order and that the application of this law results in a
system of forced or corrective labour employed as a means of political coercion;
(iii) that, from the available information, it is not possible for it to form
an accurate conclusion as to the number or location of the communities and
possible camps in which such forced labour is exacted ;
(b) that, in the interests of the national economy and to ensure the
fulfilment of the country's economic plans, provision is made under Bulgarian
legislation for recourse to be had, when necessary, to various methods of
constraint in order to obtain and allocate a labour force (mobilisation of
labour and industry, compulsory transfer of workers, creation of labour
reserves, restrictions on freedom of employment) and that this constitutes
the basis of a system of forced labour of appreciable economic importance.

CZECHOSLOVAKIA

134. Allegations regarding the existence of forced labour in Czechoslovakia were made during the debates on forced labour in the Economic
and Social Council by the representatives of the United Kingdom and the
United States of America and were also submitted to the Committee by various
non-governmental organisations.
135. These allegations maintain in substance that the country has a system
of forced labour aiming both at political coercion and at implementing the
Government's economic policy. The system has allegedly two aspects :
(a) forced labour done in forced labour camps in execution of the sentence of a court of law or in application of a simple administrative order,
the labour being imposed for the re-education and correction of those opposed
to the Government, without their always having had full opportunity to
defend themselves ;

KEPOET OF THE COMMITTEE

(b) labour exacted from a considerable proportion of t h e population
by various measures connected with the mobilisation of labour and tiie compulsory assignment of workers.
136. The allegations also state t h a t Czechoslovak citizens have been
deported to the Soviet Union for compulsory labour.
137. At its Fourth Session the Committee h a d before it t h e allegations x ,
a reply to the allegations 2, the documentary material concerning t h e m 2 and
the reply by the Permanent Delegation of Czechoslovakia to the United
.Nations to the Committee's questionnaire. 3
138. The following are the Committee's findings and conclusions concerning
fche alleged existence of forced labour in Czechoslovakia.
Forced Labour for Punitive

and Corrective

Purposes.

139. At the present time punitive and corrective measures accompanied
by forced labour can be taken in Czechoslovakia either in application of the
Penal Code, which deals with criminal and, more particularly, political offences,
or in application of the Administrative Penal Code, which relates to other
offences and, more particularly, to minor offences against the economic
system. The offences covered by the Penal Code are dealt with b y the courts,
whereas those covered b y the Administrative Penal Code are dealt with by
the people's committees, or, in serious cases, b y penal commissions of three
members attached to these committees (Code of Administrative Criminal
Procedure, Sections 1, 7 and 90).*
140. According to their opening sections 6 each of these two Codes
" protects the People's Democratic Republic, its socialist construction, the
interests of the working people and of the individual " and also " teaches
observance of the rules of socialist communal life " . The statements of
objects and reasons (explanatory memoranda) on these Codes show t h a t they are
more particularly concerned with " incorrigible enemies of the people and the
nation ", t h a t they are " directed against greed, a lax attitude towards w o r k . . .
as well as the vestiges of capitalist ideas in people's minds ", t h a t t h e y have
to be effective weapons " in the struggle against the class enemy " and, a t
the same time, provide " a suitable instrument for t h e political education
of citizens ". The same trend and similar considerations also appear in the
statement of objects and reasons on the draft of a Constitutional Act on the
judiciary and the public prosecutor's office which the Government submitted
to the National Assembly in October 1952.8 This document stresses the
1
2
3
4
5
6

See below, p. 215.
See below, p . 223.
United Nations document E/AC.36/11.
See below, p. 233.
See below, pp, 225 and 226.
See below, p. 236.

BEPOBT OF THE AD HOC COMMITTEE ON FORCED LABOUR

point that one of the essential tasks of the courts and the public prosecutor's
office is to help in the struggle against the remnants of capitalism in the minds
of the people, since these remnants are an obstacle to the building up of
socialism, and are the source of many criminal acts which hamper the
development of the economy.
141. The law itself takes account of these considerations. As an instance,
under Section 20 of the Penal Code 1 , it is considered to be an aggravating
circumstance if an offender " by a criminal act has shown himself to be hostile
to the people's democratic regime ".
142. This trend, however, appears with even greater clarity in the provisions concerning " forced labour camps ".2
143. Under Section 36, subsection 1, of the Penal Code3, " any person
who, by his offence, has shown hostility to the people's democratic regime,
and has failed, by his work and conduct while serving his sentence, to show an
improvement such as to justify the hope that his future behaviour be satisfactory and befitting a good worker, may be committed to a forced labour camp
for not less than three months and not more than two years after completing
his full sentence of temporary deprivation of liberty ". Under Section 278 of
the Code of Judicial Criminal Procedure, as amended by an Act dated 30 October 1952 *, the decision to place a convicted person in a transitional institution is taken by a Conditional Release Board consisting of a judge appointed
by the Minister of Justice, who acts as president, and two lay judges. Section
279, as amended, lays down that a person who otherwise fulfils the requirements for conditional release may also be placed in a " transitional institution "
if his conditional release would be contrary to the purpose of the punishment.
144. Section 12 of the Administrative Penal Code of 1950 5 also makes pro1

See below, p . 277.
Forced labour camps were renamed " transitional institutions " b y an Act passed in
October 1952. The statement of objects and reasons on this Act gave the following explanation :
" The forced labour camps have today quite a different purpose from the one they had
a t the time when t h e y were e s t a b l i s h e d . . . .
" The forced labour camps—like the institutions in which sentences of deprivation of liberty
are served—should educate t h e persons sent to them to do collective work of use to all, and so
ensure that they are re-educated to a positive attitude towards the social order of the Republic.
I t is therefore useful t o combine these institutions with the institutions in which penalties are
executed, t o form a singlo unified system. Since the purpose of these transitional institutions
is to prepare the persons committed to t h e m for their transition to work done a t liberty, the
forced labour camps will be renamed transitional institutions. I n the transitional institutions
will be carried out, first, such measures a s have up to now been taken on t h e basis of court
sentences or the decision of a conditional release board ; in addition, these institutions will be
used for the execution of the remainder of any sentence of deprivation of liberty to be served
b y convicted persons who otherwise fulfil t h e requirements for conditional release (particularly
as far as their positive attitude to work and orderly behaviour are concerned) but who cannot be
granted their conditional release because it might be regarded with disfavour in the milieu to
which they would return. I n the transitional institutions they will be prepared for life and
work a t liberty through properly selected work and discipline, corresponding to the purpose
of the institution. "
2

3
4
6

See below, p . 228.
See below, p . 238.
See below, p p . 226, 228 and 230.

EEPOST OF THE COMMITTEE

vision for detention in " forced labour camps ". Subsection 2 of this Section
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and a fine may be imposed concurrently, even if this is not specifically provided for in the special provisions of the Code and, according to the statement
of objects and reasons 1, irrespective of the actual offence committed. According to subsection 3 1, if the offence showed, or was intended to show, " a
hostile attitude towards the people's democratic regime or the socialist development of the Republic, a penalty of deprivation of liberty for not less t h a n
three months and not more than two years may be imposed on the offender ";
in this case, the sentence of deprivation of liberty is served " in a forced labour
camp ". The statement of objects and reasons stresses t h a t this provision
" is aimed primarily a t class enemies " 2 and that " such camps play an
important part in the re-education of persons who, by their former antidemocratic convictions and actions, hinder the socialist development of the
Republic ". 2
145. From the text of these provisions it would seem t h a t only persons
convicted of a crime or minor offence can be detained in a forced labour
camp. The statement of objects and reasons on the Administrative Penal
Code points out, however, that the definitions given for these offences " are
made as flexible as possible so t h a t they may at all times be adapted to the
rapidly changing requirements of a people's democracy ". 3 This is particularly true of offences against the economic system, and a person guilty
of the slightest offence is liable to be detained in a forced labour camp if the
conditions laid down in Section 12 are met, i.e., if he is regarded as a " class
enemy " .
146. Considering all these factors t h e Committee finds t h a t Czechoslovak
penal law provides a definite basis for a system of forced labour employed
as a means of political coercion or punishment for holding or expressing
political views.
147. The Committee has considered officiai publications and the material
supplied by witnesses and representatives of organisations relating to the
number of forced labour camps, the number of persons detained in them
and the living and working conditions prevalent there. Although the material
submitted to the Committee is fairly voluminous and organisations and
witnesses have given detailed information concerning the location of forced
labour camps, the number of prisoners detained in them and the severity
of living conditions in such camps, the Committee, in the absence of any
possibility of checking this information, refrains from formulating definite
conclusions on these matters.

1
2
s

See below, p. 228.
Seo below, p. 226.
See below, p. 230.

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

The. Mobilisation of Labour and the Compulsory Assignment of Workers.
148. The 1948 Act concerning the first Czechoslovak Five-Year Economic
Plan x makes provision for the number of workers employed in the national
economy to be considerably increased by various recruiting measures such
as " the planned placement of young people ", and also by " placing persons
not previously employed ", by " utilising redundant or otherwise superfluous
labour for the tasks of the Five-Year Plan " and by creating " reserves of
labour " made up of young persons sent to training schools and then " required
to work in undertakings designated by the Ministry of Labour for a period
of not less than three and not more than five years ". 2 The 1951 Act under
which these labour reserves are organised quotes as justification for them
the planned development of the national economy, which " requires a constant influx of new manpower into the mines, steel mills and other important
branches of our economy ".2
149. This recruitment is conducted by the Ministry of Labour through the
intermediary of the people's committees and undertakings, which are instructed
to use " direct contact and persuasion ". 3 No express provision is made for
coercion. Considering, however, the spirit of this legislation, and the corroborating evidence which the Committee heard, it cannot help thinking that at
least indirect coercion may be used where necessary. In view of the extremely broad definitions of economic offences in the Administrative Penal Code
relating to persons who endanger " the development of the national economy "
(Section 33) or " t h e preparation, drafting, operation, execution or control
of the unified economic plan " (Section 39) 4 , it may be presumed that the
workers and young people who are approached with a view to their recruitment are not genuinely free to reach their own decision and the existence of
such penal clauses would seem to bring persuasion very near coercion.
Deportations to the Soviet Union.
150. The allegations on the subject mention deportations which allegedly
took place in 1945 ; they were not supported by evidence which could be
checked to prove that Czechoslovak citizens are now detained in the Soviet
Union in forced labour camps.
151. It is therefore not possible for the Committee to conclude whether
these allegations are either relevant or substantiated.

See
See
3
See
*See
a

below,
below,
below,
below,

p.
p.
p.
p.

234.
235.
236.
230.

B E P O R T OF THE

COMMITTEE

Conclusions
152. To sum up, the Committee finds —
(a) t h a t Czechoslovak penal and administrative penal law is expressly
directed against " class enemies " and against " a hostile attitude " towards
the Government or its ideology ; t h a t offences are broadly and " flexibly "
defined ; t h a t persons who manifest or " intend " to manifest their opposition to the regime by committing offences, however insignificant, are subjected to penalties accompanied by forced labour and, more particularly, to
detention in forced labour camps ; t h a t the purpose of these institutions is
the political re-education and correction of such persons ; and t h a t this
constitutes a system of forced or corrective labour employed as a means of
political coercion and punishment for holding or expressing political views ;
(b) t h a t it is not possible to reach any definite findings as to the number
of persons thus subjected to forced labour, or as to the number and location
of the forced labour camps (which can be inferred to exist from the laws
examined above) ;
(c) that, to implement the economic plans and policy of the Government, Czechoslovak legislation makes provision for a number of measures to
be taken in connection with the mobilisation and assignment of labour, t h a t
these measures appear to be accompanied, where necessary, by coercion, and
t h a t they therefore constitute a system of forced labour for economic purposes ;
(d) that it has not been possible to establish whether Czechoslovak
citizens are deported to the Soviet Union for compulsory labour.

TERRITORIES

ADMINISTERED

ASSOCIATED

WITH

FRANCE

153. Allegations regarding the existence of forced labour in territories
administered by or associated with France were made during the debates on
forced labour in the Economic and Social Council by the representatives of the
U.S.S.R., the Byelorussian S.S.R. and the World Federation of Trade Unions.
154. These allegations referred in substance to the following points :
(a) forced labour in general, which, although legally abolished, was
allegedly still extant ;
( h) the use of men from the second portion of the military contingent
for public works in French West Africa ;
(c) the creation of a pioneer corps for public works in French Equatorial
Africa ;
(d) the imprisonment of vagabonds in forced labour camps on the
basis of a wide interpretation of the word " vagrancy " (the Cameroons and
Indo-China) ;

EBPOET OF THE AD HOC COMMITTEE ON EOKCED LABOUB

(e) forced labour for failure to pay taxes (the Cameroons and IndoChina) ;
(f) compulsory labour for Native chiefs in return for permits to buy
fire-arms (French West Africa) ;
(g) the conscription of children from eight to twelve years old for manual
labour.
155. At its Fourth Session the Committee had before it the allegations1,
the replies to the allegations 2, the documentary material concerning them 3,
the comments and observations of the French Government 4 and its reply
to the Committee's questionnaire.5 The following are the Committee's findings
and conclusions concerning the alleged existence of forced labour in territories
administered by or associated with France.
Forced Labour in General.
156. In connection with the alleged existence of forced labour in general,
the Committee noted that Article 2 of the Labour Code of 15 December 1952
for the oversea territories contains an absolute prohibition of forced or compulsory labour, which is defined as " all work or service which is exacted
from any person under menace of any penalty and for which the said person
has not offered himself voluntarily ". 6
157. Under Article 228 of this Code violations of the principle are punishable with imprisonment for from six days to three months and a fine. Article
232 lays down that the penalty is to be imposed as many times as there are
workers employed in conditions contrary to the law, up to a stipulated maximum.8
158. Title I I I of the Code deals with labour contracts concluded by workers either individually or collectively. Article 31 fixes the maximum duration
of a labour contract at two years. Article 36 prohibits an employer from
imposing fines, and Article 37 declares null and void any clause in a labour
contract which would prevent a worker from exercising any given activity
after the expiration of his contract.
159. Other provisions of the Code lay down that a contract may always
be terminated by either party and that a violation of a contract may only be
punished by payment of damages to be fixed by a labour court, the competence
of which is laid down in Title VIII of the Code.
160. Before this Labour Code came into force compulsory labour was prohibited by an Act of 11 April 1946, and any violation of this principle was
punished under the relevant provisions of the Penal Code.7
1
2
3
4
5
6
7

See below, p . 240.
See below, p . 242.
See below, p p . 244 a n d 256.
And those of t h e Governments of Cambodia, Laos a n d Viet-Nam. See below, p . 249.
United Nations document E/AC.36/11.
See below, p . 250.
See below, p . 245.

BBPOBT OF THE COMMITTEE

161. In view of the evidence examined above the Committee found t h a t
the allegation concerning the continued existence of forced labour in territories
administered by or associated with France was not substantiated.

The Second Portion of the Military

Contingent

(French

West

Africa).

162. In its reply to the Committee's questionnaire the Trench Government stated t h a t the institution had ceased to exist and t h a t the employment
of workers from the contingent had been abolished by a Decree of 6 February
1950.1

The Creation of a Pioneer Corps (French Equatorial

Africa).

163. With reference to this allegation the full text of an Orderof 6 October
1949, together with two supplementary Orders dated 16 November 1950
and 19 December 1950, was submitted by the French Government. 2 According to these Orders members of this corps have the status of civilian workers,
recruitment is voluntary and the duration of the engagement is for a maximum
period of two years.
164. The allegation is not therefore substantiated.

Imprisonment

of Vagabonds (the Cameroons and

Indo-China).

165. In its comments and observations 3 the French Government states
t h a t detention as an administrative precautionary measure is non-existent in
the Cameroons and in all the other territories overseas. I t adds t h a t the
judicial system makes provision for penal detention only, imposed b y regular
judgments pronounced in application of the metropolitan Penal Code (Articles
269 et seq.). The French Government also observes t h a t 220 convictions for
vagrancy were pronounced in the Cameroons in 1951, the total population
of the territory being three million.
166. In a letter dated 3 April 1953 the French Government transmitted
the observations of the Governments of Cambodia, Laos and Viet-Nam to the
allegations concerning them. 4 The Government of Cambodia states t h a t
no forced labour can be imposed by an administrative order and the Government of Laos states t h a t forced or compulsory labour was abolished b y an
Act of 16 March 1951. The Government of Viet-Nam states t h a t vagrancy
is punishable by three to six months' imprisonment but t h a t the interpretation
1

See below, p . 247.
See below, p p . 247-248.
'•* See below, p . 251.
4
See below, p . 252.
2

BEPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

by the courts of the relevant provisions is restrictive and that persons sentenced for vagrancy are not sent to forced labour camps. Compulsory labour
was prohibited by a Decree of 30 December 1936 and by a Labour Code
promulgated by an Ordinance of 8 July 1952.

Forced Labour for Failure to pay Taxes (the Cameroons and Indo-ChinaJ.
167. Commenting on these allegations the French Government denies1 the
existence of such penalties for non-payment of taxes. Taxes are voted every
year by freely elected representatives of the population. It appears from
a report of the French Government to the Trusteeship Council on the administration of the Cameroons in 1947 that non-payment of taxes is dealt with
by summons to appear before the magistrate, summons with expenses, an
order to pay, distraint and sale.2
168. The Government of Cambodia denies that failure to pay taxes is
punished by forced labour, as does the Government of Laos, and the
Government of Viet-Nam declares that non-payment of taxes is punished by
fiscal fines. The allegation recalled above is therefore not substantiated.
Compulsory Labour for Native Chiefs (French West Africa).
169. In its comments and observations on this allegation the French
Government recalls the fact * that forced labour is prohibited by the Labour
Code of 15 December 1952 for the oversea territories and adds that Native
chiefs take no part whatsoever in the issue of permits for the purchase of
fire-arms.
170. No evidence to the contrary has been submitted to the Committee ;
the allegation appears not to be substantiated.
Conscription of Children from Eight to Twelve Years Old for
Manual Labour.
171. A Decree of 18 September 1936, mentioned by the French Government in its comments and observations1, prohibit the employment of young
persons under 14 years of age on work other than apprentice training in small
craftsmen's workshops. The Labour Code of 15 December 1952 for the
oversea territories lays down the principle in Title V, Chapter 3, that children
may not be employed in any undertaking even as apprentices if they are
under 14 years of age. The~allegation is therefore not substantiated.

1
2

S e e below, p . 252.
See below, p . 248.

EEPOBT OF THE COMMITTEE

Crmclwinv-t
172. The foregoing examination of the allegations and documentary
material concerning them, particularly the laws and regulations, discloses no
evidence of the existence, in territories administered b y or associated with
France, of a system of forced labour within the meaning of the Committee's
terms of reference.

DEMOCBATIO R E P U B L I C OF GEBMANY

173. Allegations regarding the existence of forced labour in the Democratic
Republic of Germany were made during the debates on forced labour in the
Economic and Social Council by the representatives of the United Kingdom,
the United States of America and the American Federation of Labor, and
were also submitted to the Committee b y various non-governmental organisations.
174. These allegations refer in substance to the following points :
(a) punitive and corrective labour ;
(b) compulsory labour in general and more particularly in the uranium
mines ;
(c) the existence of forced labour camps and working conditions and
health in the camps and uranium mines.
175. At its Fourth Session the Committee had before it the allegations 1
and the documentary material concerning them. 2 The following are the
Committee's findings and conclusions concerning the alleged existence of
forced labour in the Democratic Republic of Germany.

Punitive

and Corrective Labour.

176. I n this connection the Committee had before it several legal texts
referring to punitive or corrective labour. The Committee noted t h a t Article
137 of the Constitution of the Democratic Republic of Germany introduced the
principle t h a t " the execution of punishment is based on the conception of
the educative influence of joint productive labour on those capable of improvement " 2 and t h a t the same principle is again stated in an Ordinance of 3
April 1952 on the employment of convicts. 2 The preamble to the Ordinance
declares t h a t its purpose is to " give convicted persons an opportunity of
applying their abilities to tasks confronting the national economy " . Under
1
2

See below, p . 258.
See below, p . 263.

BEPOBT OF THE AD HOC COMMITTEE ON FORCED LABOUE

Article 1 of the Ordinance a convict may, with his consent, be assigned
to work in specified industrial sectors and so become eligible for the remission
of part of his sentence if his conduct is satisfactory and he regularly performs
the full amount of work allotted to him.
177. An Ordinance of 22 June 1949 x punishing crimes of speculation
enables the courts to impose heavy manual labour in conjunction with a prison
sentence for offences of particular gravity from the standpoint of the
reconstruction of the country.
178. Under the new Code of Criminal Procedure of 2 October 1952 2, a
district court may, on the written demand of the public prosecutor, issue an
order inflicting " corrective labour " and a fine for minor offences. A penalty
of " corrective labour " is therefore established for minor offences by this
new Code.
179. No evidence has been submitted to the Committee to indicate that
the above legislation is applied as a means of political coercion, as alleged.
Compulsory Labour in General, and More Particularly in the Uranium Mines.
180. The majority of the laws cited in the allegations in this connection
refer to the assignment of workers, direction of manpower and similar matters.
181. One of the non-governmental organisations heard by the Committee 3 quoted Order No. 153 of 29 November 1945, an Ordinance dated 2 June
1948, an Ordinance dated 12 July 1951, and a First Executive Regulation
dated 7 August 1951 to give effect to the Ordinance on the duties of labour
authorities and the direction of labour. To these enactments may be added
Order No. 3 of the Control Council for Germany dated 7 January 1946 and
the Orders subsequently issued by the Soviet occupation authorities.
182. The Ordinance of 2 June 1948 on the guaranteeing and protection
of rights in the assignment of workers * states that its purpose is to limit the
assignment of workers, which may be resorted to in order to remedy a state
of public emergency, to fulfil production programmes in essential undertakings, and to do work for the occupation authorities. Assignments are
to be made through the labour and welfare offices and the duration of an
assignment is not normally to exceed six months. Assignments may be
terminated before their expiration only with the permission of the labour
and welfare offices. Assignees are to be paid at the scheduled rates in force
at the place of employment. Assignees contravening the provisions of the
Ordinance may be punished by imprisonment up to three months or a fine.
183. The Ordinance of 12 July 1951 on the duties of labour authorities and
the direction of labour 5 stipulates that the number of persons in employment
1
2
a
4
5

See
See
See
See
See

below,
below,
below,
below,
below,

p.
p.
p.
p.
p.

264.
274.
259.
265.
267.

REPOHT OF T H E

COMMITTEE

in the national economy is to reach 7,600,000 by 1955. The labour departments (which replace the former labour offices) are in charge of this programme
and have to assist nationally owned and assimilated undertakings in recruiting
labour.
184. The First Executive Regulations, dated 7 August 1951, to give
effect to this Ordinance 1 lays down t h a t all persons of working age are to be
registered.
185. The laws promulgated by the Occupying Powers may be briefly
mentioned here. Article 18 of Order lío. 3 of the Control Council for Germany
of 17 J a n u a r y 1946 2 lays down t h a t in case of necessity the labour office has
power to place persons in employment by compulsory direction. Various
penalties such as fines or sentence of imprisonment not exceeding one year are
instituted by Article 20 for violations of the Ordinance.
186. Order No. 153 issued b y the Soviet Military Administration on 29
November 1945 3 confers upon the labour offices " the right, in case of need, to
assign work to unemployed persons regardless of their occupation ". I t
further states that " persons who evade their obligation to work shall be
denied food ration cards and be held answerable ".
187. An Instruction of 16 May 1947 3 points out t h a t the right to direct
labour should be exercised only in exceptional eases and t h a t " work-shy
elements " should be absorbed into the process of economic reconstruction.
188. Order No. 234 of 9 October 1947 3 issued by the Soviet Military
Administration states t h a t the competent authorities are to provide industries
with labour through voluntary recruitment and t h a t the " forced mobilisation
of labour " envisaged by Control Council Order No. 3 should be limited to
the utmost.
189. Lastly, the Act of 1 November 1951 concerning the Pive-Year Plan
1951-1955 4 provides for a series of measures to be taken in connection with
the recruitment and training of labour.
190. There is some indication in various documents quoted b y Governments in the Economic and Social Council or submitted to the Ad Hoc Committee by non-governmental organisations t h a t the legislation briefly examined
above is used for the forcible assignment of workers to the uranium mines.
One of these organisations has submitted photostat copies of assignment
orders directing a person to work in the Aue mines. 5 Another of these documents reproduces a judgment passed by a court on 23 January 1951 sentencing
the worker to four weeks' imprisonment under the Ordinance of 2 J u n e 1948
and Control Council Order No. 3, mentioned above, for failure t o comply
1

Sso
Soo
See
•' See
û
See
2

below,
below,
below,
below,
below,

p.
p.
p.
p.
p.

238.
284.
265.
269.
271.

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

with an assignment order. 1 Other documents refer to the direction of manpower as carried out by the labour offices.2
The Existence of Forced Labour Camps and Working Conditions and Health
in the Camps and Uranium Mines.
191. The existence of camps appears to be evident from an Executive
Regulation dated 23 December 1950 2, which lists a number of " labour camps"
and " places of detention " transferred to the administration of the Ministry
of the Interior as from 1 January 1951.
192. Corroborative evidence concerning the existence of forced labour
camps and information concerning working conditions and health in these camps
and in the uranium mines has also been submitted to the Committee by
representatives of non-governmental organisations appearing before it during
its Second and Third Sessions.
Conclusions
193. The Committee finds—
(a) that the legislation of the Democratic Republic of Germany contains
provisions referring to punitive and corrective labour, but it has been unable
to verify whether or to what extent this legislation is applied as a means of
political coercion, as alleged ;
(b) that, although certain laws examined above seem at first sight
to be promulgated mainly with a view to facilitating the direction of manpower in the interest of the reconstruction of a country devastated by war,
there are indications that they are used for the compulsory assignment of
workers to enterprises important for the execution of State economic plans
and in particular for the compulsory assignment of persons to work as miners,
and that if such legislation were widely applied it would lead to a system
of forced labour for economic purposes.

HUNGARY

194. Allegations regarding the existence of forced labour in Hungary
were submitted to the Committee by various non-governmental organisations
and by one private individual.3
x

See below, p . 2 7 1 .
See below, p . 272.
3
A memorandum concerning forced labour in Hungary addressed to t h e Director-General
of t h e International Labour Office b y t h e G-eneral Confederation of Labour of the Argentine
Republic was also brought t o t h e attention of t h e Committee.
2

B E P O B T OF T H E

COMMITTEE

195. These allegations maintain in substance—
(a) t h a t forced labour exists in Hungary both da ¡ocio and de jure and
can be imposed either by the administrative authorities on persons whom
they hold in custody or in detention, or by virtue of a decision t a k e n by a
court of law ;
(b) that such forced labour has two aims : (i) to correct the political
views of persons who are opposed to the regime, or even to achieve their
gradual extermination, and (ii) to help fulfil the country's economic plans ;
(c) that, apart from the forced labour which exists inside the country,
forced labour is exacted from Hungarians resident outside its present frontiers ;
(d) t h a t mass deportations have taken place in Hungary, their object
being (i) to transfer Hungarian citizens to the Soviet Union for forced labour,
and (ii) to transfer Hungarian citizens from one place of residence t o another,
forced labour being required of them in the majority of cases ;
(e) t h a t many forced labour camps have been opened ;
(f) t h a t forced labour has assumed considerable proportions, tens and
even hundreds of thousands of citizens being affected ;
(g) t h a t free workers have been subjected to a number of restrictions
which have, in fact, transformed all work into forced labour.
196. At its Fourth Session the Committee had before it the allegations J a n d the documentary material, concerning them. 2 The following are the
Committee's findings and conclusions concerning the alleged existence oí
forced labour in Hungary.
Punitive

or Corrective Labour Imposed under Criminal

Law.

197. The Committee had before it the documentation submitted by several non-governmental organisations. This documentation included Act No. V I I
of 1946 3, which prescribes that persons committing an act designed to overthrow the democratic order and the Democratic Republic as established by
Act No. I of 1946, or to initiate, direct or lend substantial material support
to any movement or organisation pursuing such an end, is to be punished
by the death penalty or by rigorous imprisonment for life.
198. A Penal Code promulgated in 1950 (Act No. I I of 1950) defines in
Article 1, paragraph 2 4 , what is meant by socially dangerous acts punishable
in accordance with the relevant provisions of the Code. They are " any
action or omission which injures or endangers either the public, social or
1
2
3
4

See
See
See
See

below,
below,
below,
below,

p.
p.
p.
p.

276.
282.
283.
284.

BEPOET OE THE AD HOC COMMITTEE OK FORCED LABOUR

economic order of the People's Republic of Hungary or the persons and
rights of Hungarian citizens ". Paragraph 3 x defines an offence as any
socially dangerous act for which a specified penalty is provided by law.
199. According to Article 50 \ the Code aims at the correction and education of offenders. The penalty must be imposed within the framework
of the law and must be commensurate with the menace to society presented
by the offence or the danger to society constituted by the person of the
offender.
200. None of these provisions mentions forced labour by convicts, but under Article 29, paragraph 1, of Act No. V of 18782, which appears to be still in
force, persons sentenced to rigorous imprisonment are obliged to perform such
work as may be determined and assigned by the prison governors.
201. Corrective and educative labour is mentioned in Article 48 of the new
Penal Code.1 It would appear from this text that such labour may be imposed
for a period of from one month to two years, that the persons concerned
are required to do the work prescribed at the place to which they are assigned,
and that their freedom is restricted only to the extent required for the purpose of the penalty and for the proper accomplishment of the work prescribed.
The penalty is coupled with a reduction in wages of from 10 to 25 per cent.
and, if persons so sentenced should refuse to discharge the obligation imposed
upon them or should endanger labour discipline, they may be imprisoned
for a period equal to the period of corrective and educative labour which they
have still to serve. Corrective and educative labour measures may not be
applied if the law prescribes for the offence committed a term of imprisonment longer than five years.
202. It may be mentioned in this connection that a newspaper article published on 10 January 1952 in Népszava3 reports that four workers have been
sentenced by the Btidapest Central Court to corrective labour for from four to
five months, with from 20 to 25 per cent, reduction in pay, for grave violations
of labour discipline. If the convicted persons continue to commit breaches of
labour discipline, the court may substitute a prison sentence for the remainder
of the sentence of corrective and educative labour, if the Public Prosecutor
so advises. Another article published in the same newspaper 3 reports a
sentence passed by the Hungarian Supreme Court condemning two tractor
drivers to two years' imprisonment for absenteeism and unauthorised departure from their workplaces. The sentence explains that persons who commit
breaches of labour discipline without intent to commit sabotage are, as a
general rule, to be sentenced to corrective labour at their place of work, in
accordance with Article 48 of the Penal Code, which has heen mentioned
above.
1
2
s

Seo below, p . 284.
See below, p . 2 8 3 .
See below, p . 2 9 1 .

BEPOET OF THE COMMITTEE

203. The Committee, in reviewing the penal legislation before it, came to
the conclusion that, with the exception of Article 48, the Penal Code of 1950,
as such, does not appear to contain provisions t h a t could form the basis of
a system of forced or corrective labour imposed for political reasons b y courts
of law.

Punitive

or Corrective Labour Imposed by Administrative

Authorities.

204. On the other hand other legislative enactments enable the administrative authorities, on the basis of pre-war legislation which appears to be still in
force, to order persons to be banished, placed under police surveillance or
taken into police custody ; some of these measures m a y be coupled with
compulsory labour. Act No. I I of 1939 on home defence 1 authorises these
measures in respect of persons whose presence in a given place is liable to
endanger public order and security or " other important interests of the
State ".
205. Decree No. 760 of 1939 contains certain measures in application'of
Act No. II. 1 Article 5 prescribes t h a t persons subjected to local banishment m a y
be called upon to work if they are unable to support themselves from their
income or have no relative obliged and able to support them. Under Article 16
persons taken into police custody are required to work according to their
abilities. The Decree does not appear to set specific limits to the length of
time for which persons may be held in custody.
206. The Committee is of the opinion t h a t this legislation could constitute
the basis of a system of forced labour applied as a means of political coercion.
This conclusion appears to be confirmed by the numerous testimonies placed
before the Committee.

Forced Labour for Economic

Purposes.

207. As regards the allegations concerning forced labour imposed for economic purposes, the Committee examined, inter alia, Decree No. 4 of 1950 on
the penal defence of the planned economy 2, which punishes with u p to five
years' rigorous imprisonment persons who jeopardise the implementation of the
national economic plan. This Decree does not mention forced labour but,
as stated before, persons sentenced to rigorous imprisonment are obliged
to do work while in prison.
208. Article 2 of Decree No. 4 of 1950 gives some examples of offences to be
punished by up to five years' rigorous imprisonment, e.g.. causing a stoppage

1
2

See below, p . 285.
See below, p . 288.

HEPOBT OF THE AD HOC COMMITTEE ON FORCED LABOTTE

or reduction in the activities of an undertaking or carrying on production in a
manner resulting in undue waste of material, energy or manpower.
209. The Hungarian Labour Code 1 also places certain restrictions on the
freedom of employment. According to Article 133 a worker may be moved
either at his request or in the interests of the national economy from one
workplace, undertaking or area to another.
210. The Labour Code also introduces a compulsory system of work books,
and no undertaking may employ a worker who does not hold such a book.
211. Persons leaving trade schools are required to join the undertaking
appointed by the competent Minister and to remain there for a period of
compulsory practical experience which may range from six months to two
years.
212. Considering that, according to Decree No. 4 of 1950, breaches of labour
discipline are punishable by corrective and educative labour in accordance
with the provisions of Article 48 of the Penal Code, and that such corrective
labour may be transformed into a sentence of imprisonment if the worker does
not discharge the obligation imposed upon him, and considering also the provisions governing the compulsory transfer of workers from one workplace to
another in the interests of the national economy, the cumulative effect of
these provisions seems to be that Hungarian legislation restricts the freedom
of employment of workers to a considerable extent. These provisions, if
rigorously enforced, might constitute the basis for a system of forced labour
imposed for the fulfilment of the economic plans of the State.

Conclusions
213. The Committee

finds-

fa J that the provisions enabling the Government to banish and intern
persons " liable " to endanger public order and security or " other important
interests of the State " might constitute the basis of a system of forced labour
for the purpose of political coercion, especially as such measures may be
applied by decision of the administrative authorities without the intervention
of a court of law ;
(b) that the restrictions placed on freedom of employment, if rigorously
enforced, might constitute the basis of a system of forced and compulsory
labour imposed with a view to carrying out the economic plans of the State ;
(c) that it is unable to come to any definite conclusions on the allegations concerning mass deportations, the number of forced labour camps
alleged to exist or the number of persons allegedly subjected to forced labour
in such camps.
1

See below, p p . 289-290.

BEPORT OF THE COMMITTEE

L A T I N AMERICAN COUNTBIES

Argentina,

Bolivia,

Brazil,

Chile, Colombia, Ecuador,
Venezuela

Paraguay,

Peru,

214. Allegations regarding the existence of forced labour in Latin American
countries in general and in Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador,
Paraguay, Peru and Venezuela in particular, were made during the debates
on forced labour in the Economic and Social Council by the representatives
of Poland, the U.S.S.R. and the World Federation of Trade Unions, and
were also submitted to the Committee by one non-governmental organisation.
215. The Committee noted t h a t in some cases the same allegation referred
to several Latin American countries or t h a t similar institutions or practices
were alleged to exist in more than one of these countries. During its Third
Session the Committee therefore found it necessary to prepare a common
summary of the allegations and of the related documentary material for
transmission to all of these nine Governments for their comments and observations. 1
216. For the same reason the Committee has examined these allegations
jointly and prepared its findings and conclusions according to the institutions
or practices to which they refer, rather than according to the countries concerned.
217. The allegations maintain in substance—
(a) t h a t in Latin America generally there still persist forms or practices of forced labour in agriculture, mining, domestic work and the construction of public roads and buildings, and t h a t they chiefly affect the Indian
and Negro populations.
(b) that forced labour affects the indigenous population working in
agriculture and results from certain institutions and practices such as pongueaje and colonato (Peru and Bolivia), huasicamia (Bolivia, Ecuador and Peru),
aparcería, an institution known as conuco in Venezuela and porambia in
Colombia, yanaconazgo (Peru), siringuaje (Bolivia, Brazil, Colombia, Peru
and Venezuela) and peonaje ;
(c) that in some urban centres Indians are required to clean the squares
and streets free of charge ;
(d) t h a t conscription is imposed by law to repair roads and public
monuments in Bolivia, Peru, and Paraguay, the indigenous population providing the principal source of this unpaid manpower ;
(e) t h a t forced labour results from " payment in kind " or acasillaje
which is practised in the forest areas of Argentina and Paraguay ;
1

Bee below, p . 293.

BEPORT OF THE AD HOC COMMITTEE Oîï FORCED LABOUR

(f) that labour conditions tantamount to slavery exist in the coffee,
sugar, tobacco, rubber and banana plantations in Central America, the West
Indies, Argentina, Colombia, Paraguay and Venezuela ;
(g) that Chilean farm tenants are not allowed to seek employment
outside their farms or to engage in money-making enterprises, and that
workers are interned in camps in Chile ;
(h) that workers in some Bolivian mines are forced to buy their food
at the company stores and consequently become indebted to the company.
218. At its Fourth Session the Committee had before it the allegations1,
a reply by the representative of Peru to some these allegations2, the documentary material concerning them 3 , the comments and observations of the
Governments of Bolivia and Peru 4 and the replies to the Committee's questionnaire from the Governments of Brazil 5 , Chile 6 and Peru. 7
219. The Committee notes that in their comments and observations the
Governments of Bolivia and Peru indicated that forced labour did not exist
in their respective countries. It also noted that the Governments of Brazil,
Chile and Peru replied in the negative to the Committee's questionnaire and
that the Governments of Brazil and Chile gave information on the work of
convicts.
General Remarks
220. In its examination of the allegations and documentary material concerning them the Committee has been aware that certain practices or institutions
referred to in the allegations have been considered by the Economic and
Social Council and its Ad Hoc Committee on Slavery 8 and that the problem
of labour conditions of indigenous populations in Latin America has been
studied by the International Labour Organisation. In connection with this
latter question the Committee considered the report entitled Conditions
of Life and Work of Indigenous Populations of Latin American Countries,
submitted by the International Labour Office to the Fourth Conference of
American States Members of the International Labour Organisation, held at
Montevideo in April 1949, and a mimeographed report prepared by the International Labour Office for the Committee of Experts on Indigenous Labour
entitled Indigenous Workers in Independent Countries. The Committee of
Experts is continuing its work in this field.
221. The Committee examined the institutions and practices mentioned in
J

S e e below, p . 293.
See below, p . 295.
3
See below, p . 296.
4
See below, p . 298.
6
U n i t e d Nations document E/AC.36/ll/Add.7.
6
United Nations document E/AC.36/11.
' U n i t e d Nations document E/AC.36/ll/Add.23.
8
United Nations documents E/1988 and E/2357.
2

BEPORT OS THE COMMITTEE

the allegations on the basis, inter alia, of the above-mentioned reports, where
vxiC rCiCvant .legislation is expensively c¿uotcLi.
222. The following are the Committee's findings and conclusions concerning
the alleged existence of forced labour in these Latin American countries.
General Allegations concerning Latin

America.

223. The Committee found t h a t these allegations were couched in general
terms, t h a t they covered the whole of Latin America, t h a t no precise evidence
was indicated and t h a t it was consequently not possible to make a detailed
investigation of them.
Forced Labour affecting the Indigenous

Population

working in

Agriculture.

224. According to the allegation on this point the types of work involved
include a diversity of tasks both accessory to and independent of the agricultural work which, in various parts of Latin America, the indigenous workers
are called upon to do for landowners. The allegations described some of
these forms of work as follows :
(i) pongueaje and colonato in Peru and Bolivia, consisting of compulsory
unpaid labour on the landowner's land ;
(ii) huasicamia in Bolivia, Ecuador and Peru, consisting of compulsory
unpaid personal services of various kinds rendered to the landowner 1 ;
(iii) aparcería (métayage), known as conuco in Venezuela and porambia
in Colombia, under which the peasant is obliged to deliver p a r t of his harvest
to the landowner in return for the use of the land ;
(iv) yanaconazgo, under which Indians are taken from their communities
to work in groups on large country estates ;
(v) siringuaje, practised in Bolivia, Brazil, Colombia, Peru and Venezuela ;
(vi) peonaje, dating from the colonial regime, providing a source of cheap
manpower for agriculture and mining. 2
225. The Committee notes t h a t the most important types of indigenous
labour used in agriculture and stock-raising mentioned in these allegations
appear to belong to the system of tenancy peonage described in the report
Conditions of Life and Work of Indigenous Populations of Latin American Countries. The report describes the contracts of tenancy involving such types of
labour in the following terms (page 55) :
The tj^pe of tenancy that is mo3t common in Latin American indigenous areas
is a mixed system under which the Indian is both tenant of a parcel of land and
1

The forms of work called huasicamia are found under t h a t name in Ecuador only.
The Committee is aware t h a t , in addition to the systems mentioned under (i)-(vi), there
ere other similar practices under different names with characteristics peculiar to tho localities
where thev exif.t.
2

EEPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOUR

peon. The estate owner gives him the usufruct of a parcel of land, the payment
for which consists in : (a) part of the harvest handed over direct and the rest sold
to the owner at the price he fixes ; and/or (b) a specified number of days of work
in the field, to which is sometimes added the payment of tithe or the compulsory
performance of unpaid personal or domestic services in the landowner's house or
on his estate.
226. The Committee is aware of indications t h a t these practices, a legacy of
the semi-feudal colonial past, give rise to abuses detrimental to members
of the indigenous population, especially when the obligations to the landowner
in kind and /or in services exacted from the Indians are much higher in value
t h a n the usufruct of the parcel of land which they receive. To the extent
t h a t these practices exist it seems clear t h a t the central Governments are
unable to p u t a n end to them, despite legislative authority, owing to the remoteness of the regions, where governmental control is not easily exerted.
I t m a y also be t h a t in certain cases local officials, despite directions to the
contrary, do not exercise the control necessary to prevent abuses, and may
even tolerate t h e m .
227. The Committee is, however, of the opinion t h a t where legislation exists
prohibiting these abusive practices, and when it is not established t h a t public
authorities compel the group concerned, directly or indirectly, to undertake
certain types of work, these practices, however much to be condemned, cannot
be regarded as a system of forced labour within the meaning of the Committee's
terms of reference.
Personal Services Exacted from Indigenous Populations in some Urban Centres.
228. I n this connection it was alleged that, in some South American urban
centres or localities, Indians were required to clean the squares and streets
free of charge. I n support of this allegation the following information was
quoted from the report Conditions of Life and Work of Indigenous Populations of Latin American Countries (pages 95-96) :
In some urban centres to which the Indians go for commercial reasons it is
still the custom to require them to clean the squares and streets free of charge.
There have been cases where the local police have waylaid Indians early in the
morning and taken away some article of their clothing, to be redeemed only by the
performance of this task. In some places attempts have been made to obtain this
service by persuasion, by playing on the Indian's belief in the value of the ayni or
the minga 1, which are the traditional Indian systems for voluntary mutual aid.
229. Without drawing any conclusion as to whether these personal services
belong to the category described as " minor communal services " excluded
from the definition of forced labour given in international labour Convention
lifo. 29, t h e Committee is of the opinion t h a t they are of no economic significance and are therefore not relevant to its terms of reference.
1
The ayni is a personal, public or private service, whicli must be reciprocated in kind.
The minga is the union of the members of an ayllu or comunidad for a work of public utility
such as the building or repair of drains, fences, houses, roads, etc.

BEPOBT OF THE COMMITTEE

Conscription of tJie Pcfvlation

to Rejinir Road» and, Public

Monuments.

230. I t was alleged t h a t in Peru, Paraguay and Bolivia the indigenous
population provided the principal source for this unpaid manpower.
231. Legislation introducing conscription for road-building was enacted in
Peru in 1920 and in Paraguay in 1925. I n Bolivia a Decree of 1936 introduced
the conscription of unemployed persons in labour brigades.
232. According to the reply of the Government of Peru to the Committee's
questionnaire 1 Peruvian Act No. 4113 dated 10 May 1920 was repealed
in 1930. The allegation concerning this country is therefore not pertinent.
233. With regard to Paraguay, Act No. 742 dated 13 J u l y 1925 2 lays down
t h a t all male persons are to be liable to compulsory labour for four days a
year in the district in which they are resident for the construction and maintenance of roads and bridges or in order to avert some danger constituting
a public calamity. A sum of 80 pesos m a y be paid in lieu of such compulsory
labour.
234. The Committee is of the opinion that, in view of the short period for
which the persons concerned are called upon to do such work (four days a
year) and the possibility of substituting a cash payment for this service, this
legislation does not constitute the basis for a system of forced labour of appreciable importance to the economy of the country.
235. A Decree dated 6 July 1936 s provides for compulsory labour throughout the Republic of Bolivia but does not refer specifically to road-building.
The aim and structure of this Decree seem to be quite different from those
of the Paraguayan Act mentioned above.
236. After stating that, with the exception of persons who are physically or
mentally infirm, every inhabitant of the Republic is to be Hable to compulsory
labour, the Bolivian Decree lays down that, within 20 days of its promulgation, every person between the ages of 18 and 60 years is t o obtain a card
from his employer showing the post he holds or the duties he performs. On
the expiry of this time limit any person who is not the holder of such a
document is to be enrolled as an unemployed person in a labour brigade
and placed at the disposal of the State. The Minister of Labour is to allot
them a task according to their occupations or trades, qualifications and abilities. Their remuneration and treatment must be in accordance with the provisions in force as regards the rights and duties of wage-earning and salaried
employees who have freely entered into a contract of employment. The Decree
further states that if an employer refuses to issue such a certificate to his
employees he is liable to a fine.
237. The Committee notes t h a t this Decree enables the Ministry of Labour
1

United Nations document E/AC.36/ll/Add.23.
I.L.O. : Legislative Series, 102.5—Para. 2.
¿Ibid., 1936—Bol. 2 A.
2

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

to " place at the disposal of the State " persons who might be called " workshy elements " or " voluntarily unemployed ", that under the Decree the
task to be allotted to them by the public authorities must correspond to their
normal occupation or trade, qualifications and abilities, and that their wages,
rights and duties are similar to those to which they would have been entitled
had they freely entered into a contract of employment. A supplementary
Decree dated 24 July 19361 provides that, if any person deserts the place of
employment assigned to him under the previous Decree the head of the undertaking is to inform the police authorities, who must take steps to apprehend
him.
238. The Committee has no information as to the extent to which these
Decrees are being applied, but is of the opinion that, if extensively used,
they could result in a system of forced labour of some importance to the
economy of Bolivia.
Forced Labour Resulting from Payment in Kind.
239. The practice of payment in kind (described in the allegation as acasilktje2) was alleged to exist in the forest areas of Argentina and Paraguay and in
the yerba mate plantations of Paraguay. The alleged practice apparently
consists in compelling the peon to buy in shops or stores belonging to the
landowner and to fix the prices in such a way that the worker is always in
debt to the enterprise concerned, thus forcing the peon to remain permanently
in the service of the landowner.
240. The Committee found that this practice would be very similar to debt
bondage as investigated by the Ad Hoc Committee on Slavery, and that, to
the extent to which it exists, it appears to be found only in certain remote
areas far from the centres of population and the seat of the higher authorities.
The Committee came to the conclusion that, in these circumstances, payment
in kind involves hardships, but does not constitute a system of forced labour
within the meaning of its terms of reference.
Labour Conditions Tantamount to Slavery in Plantations.
241. It was alleged that " conditions tantamount to slavery existed in the
coffee, sugar, tobacco and banana plantations of Central America, the West
Indies, Colombia, Venezuela, Argentina and Paraguay, which affected not only
the Indian population but the Negro, mixed and even the white population". In Colombia and Venezuela, it was also stated, the authorities resorted
to force to obtain the labour necessary to harvest rubber and sugar crops.
242. In the Committee's view this allegation is couched in too general
terms to allow of a detailed investigation. It notes that the legislation of the
1

1.L.O. : Legislative Series, 1936—Bol. 2 B .
The Committee found t h a t the name acasillaje mentioned in this allegation is applied to
a practice of land tenure existing only in Mexico.
2

REPOBT OF THE COMMITTEE

countries referred to prohibits slavery and servitude. I t has no evidence
before it that, in the plantations of the regions concerned, conditions tanta=
mount to slavery exist in violation of this legislation.
Farm

Tenants Prohibited
Workers (Chile).

from Seeking

Other Employment

; Internment

243. I t was alleged t h a t Chilean farm tenants were not allowed to seek
employment outside their farms or to engage in money-making enterprises.
I t was also alleged t h a t there existed in Chile " what were virtually concentration camps in which workers were interned ".
244. No evidence was cited in support of either of these allegations.
The Committee notes t h a t debt bondage, slavery and servitude are prohibited by law in Chile.
Conditions of Work in Bolivian

Mines.

245. I t was alleged t h a t in some Bolivian mines the workers were lodged
in camps so remote from the towns t h a t they were forced to buy their food
in the stores of the company which employed them and that, as a result,
they became indebted to the company.
246. The Committee finds that, even assuming t h a t the alleged conditions exist, they are not relevant to its terms of reference.
Conclusions
247. To sum up, the Committee finds—
(a) t h a t some of the institutions or practices referred to in t h e allegations may involve an indirect compulsion to work for members of the indigenous
populations ; t h a t those relating to agricultural work appear to be the result
of traditions and customs chiefly related to a semi-feudal régime of land
tenure not yet altogether eliminated ; and that, since they do n o t appear
to be deliberately planned or tolerated by the Governments concerned, they
cannot be regarded as a system of forced labour within the meaning of the
Committee's terms of reference ;
(b) t h a t compulsory labour for road-building and maintenance in
Paraguay is not of appreciable importance to the economy of the country ;
(c) t h a t if the legislation concerning compulsory labour in Bolivia
were extensively used it could result in a system of forced labour of some
importance to the economy of that country ;
(d) t h a t the foregoing examination of the allegations and of the documentation before the Committee does not reveal the existence in any of these
nine Latin American countries of a system of forced labour within the meaning
of the Committee's terms of reference.

REPORT 01" THE AD HOC COMMITTEE ON EOBCED LABOUB

POLAND

248. Allegations regarding the existence of forced labour in Poland were
submitted to the Committee by various non-governmental organisations.
249. The allegations maintain in substance that the country has a system
of forced labour aiming both at political coercion and at implementing the
Government's economic policy. The system has allegedly two aspects :
(a) the internment of persons opposed to the régime in forced labour
camps or homes in execution of decisions taken by the administrative
authorities in extensive or abusive application of legislation passed for other
purposes ;
(b) labour imposed on a considerable proportion of the population
by various restrictions on the freedom of employment and other measures
connected with the mobilisation of labour and the compulsory assignment
of workers.
250. At its Fourth Session the Committee had before it the allegations1,
the documentary material concerning them 2 and a note dated 27 March
1953 from the Polish delegation to the United Nations.3 The following are
the Committee's findings and conclusions concerning the alleged existence
of forced labour in Poland.
Punitive and Corrective Labour.
251. The allegations themselves affirm that it is not so much in application
of general penal legislation and by the sentence of a court of law that the
political opponents of the Government are condemned to do forced labour
but rather in application of particular laws and by order of the administrative
authorities. In so far as it has been able to examine the general penal law,
the Committee has not in fact found any evidence in it to indicate that it
constitutes the basis of a system of forced labour aiming at political coercion.
252. In their references to administrative measures based on particular
laws, the allegations were essentially concerned with a Decree of 16 November
1945, confirmed on 31 August 1950, " concerning the creation and jurisdiction of a special commission for combating abuses and economic sabotage ".*
This Special Commission is appointed by the Council of State and has provincial agencies appointed and supervised by the presidia of the provincial
people's councils.5 These authorities are responsible for punishing " offences
detrimental to the economic or social life of the country, in particular the
1
a
3
4
6

See below,
See below,
See below,
See below,
See below,

p.
p.
p.
p.
p.

300.
306.
317.
310.
312.

B E P O R T Ol" T H E

COMMITTEE

misappropriation of public property, corruption, bribery, speculation, and
the creation of panic designed to harm the interests of the working masses ". 1
I n addition to fines, prohibitions of residence in a given place and other
penalties, the Commission and its agencies can impose detention in a labour
camp for a maximum period of two years. x This latter penalty can also be
imposed for failure t o pay a fine or to observe a prohibition of residence.
According to Article 9 of the Decree, " Proceedings regarding the direction
of an offender to a labour camp shall be conducted without a defence counsel
being p r e s e n t " . Under Article 11, paragraph 1, " N o legal recourse shall
lie from the sentences of the Special Commission and its provincial agencies " ;
on the other hand, under paragraphs 2 and 3 of the same Article, the
Commission can review its own sentences as well as those of its provincial
agencies. 2
253. However severe this legislation may appear, and although i t confirms
the existence of punitive labour camps in Poland, it does not, in itself, constit u t e the basis for a system of forced labour designed to re-educate and punish
those opposed to the regime, since offences detrimental to the economic and
social life of the country are the only ones it covers. On the other hand,
these offences are defined so broadly, the Commission and its provincial
agencies are so constituted, their powers are so wide, and the rights of the
defence so limited that, in the Committee's view, such legislation could well
be used as a means of political coercion. The oral testimony heard by the
Committee indicates t h a t the legislation has in fact been so applied.
254. An Order dated 14 October 1927, confirmed by a n Order of 30 May
1950 3, provides for the compulsory placement of vagrants and beggars in
" forced labour homes ". According to the allegations this legislation is
also used to arrest those opposed to the régime and to subject them to forced
labour. Allegedly, since anyone not registered with the police is regarded
as a vagrant, and it is possible in practice for the police to refuse t o register
certain applicants, this offers a possibility of detaining any elements t h a t
are considered undesirable. However, nothing in these Orders indicates
that they relate to any persons other than genuine vagrants and beggars
and, in spite of various indications in the information submitted to the Committee either orally or in writing, it has not been possible to come to any
definite conclusion as to whether this legislation is in fact extensively and
abusively applied in order to subject political opponents of the régime to
forced labour.
255. I n connection with the number and geographical distribution of the
camps established in consequence of the legislation just considered, the
number of persons living in such camps, the type of work t h e y do and the
conditions which prevail there, the Committee has considered the fairly
1
a
3

See below, p . 311.
See below, p . 313.
See below, p . 316.

KEPOET OF THE AD HOC COMMITTEE ON FOBCED LABOUB

voluminous material and detailed information supplied by organisations
and witnesses, but, in the absence of any possibility of checking this material,
refrains from drawing any definite conclusions on these matters.
Compulsory Labour Service and Restrictions on the Freedom of Employment.
256. A Decree dated 8 January 1946 "respecting registration and compulsory labour service " 1 requires all Polish citizens to register with their local
employment offices, unless engaged in certain specified professions and occupations. The employment offices may direct persons who have registered into
any branch or type of paid employment for a period not exceeding two years,
anyone failing to comply with a direction order being liable to a fine or a
term of detention not exceeding five years, or both. The Committee has
not, however, received any information to show how far this legislation,
which was passed soon after the cessation of hostilities, is still applied
today.
257. An Act of 25 February 1948 on the universal and compulsory training
of youth 2 makes provision for young persons up to 21 years of age—or up to
30 years of age if they have not been conscripted for military service—to be
recruited for special units in which they receive vocational training and are
required for certain labour. In addition, an Act of 4 February 1950 on compulsory military service 3 lays down that such service may be replaced by
special service lasting for two years and consisting " of military training and
of the performance of work necessary for the defence of the State and for the
realisation of national economic plans ".
258. Other laws impose severe restrictions on the freedom of employment
in the interests of the national economy. As an example, an Act of 7 March
1950 " on the planned employment of graduates of vocational secondary
schools and higher schools " 2 empowers the State to require such graduates
to take up employment for a maximum period of three years in specified
undertakings and institutions in accordance with a plan prepared by the
Chairman of the State Economic Planning Commission. Another Act of the
same date " to counteract the fluidity of labour in professions and trades
particularly important for the socialised economy " 3 empowers the Government to compel workers of certain types to remain in their jobs for a maximum
period of two years or to take up another job corresponding to their aptitudes.
Any person failing to comply with an order to do so is liable to a fine or to
a period of detention not exceeding six months, or to both.
259. Lastly, an Act of 19 April 1950 to ensure socialist labour discipline i
mtroduced a penalty of compulsory labour without deprivation of liberty for
1
a
3
4

See
See
See
See

below,
below,
below,
below,

p.
p.
p.
p.

313.
315.
316.
308.

REPOET OF THE

COMMITTEE

" malicious or obstinate breaches of labour discipline ". The maximum
period of the penalty is three months and the penalty itself is served at the
convicted person's normal workplace, his wages being reduced by from 10 t o
25 per cent. Any person failing to carry out the work imposed upon him is
liable to a period of detention not exceeding sis months.
260. Considering all this legislation, which is evidently intended to facilitate the implementation of the Government's economic plans and, t o varying
degrees, involves the application of coercive measures to entire groups of
persons or categories of workers, the Committee finds t h a t it affords a basis
for a system of forced labour for economic purposes.

Conclusions
261. To sum up, the Committee finds—
(a) (i) that there is in Poland legislation which enables the administrative authorities to detain persons in forced labour camps and homes if, under
a system of procedure which severely restricts the rights of the defence, they
are found guilty of various offences to which very broad definitions have been
given, and that, although this legislation is not explicitly concerned with
political offences, the above-mentioned elements suggest t h a t it could be
applied as a means of political coercion ;
(ii) that, from the available information, it is unable to form an accurate
opinion of the location, size or economic importance of the camps and homes
in which forced labour is exacted ;
(b) (i) that, in the interests of the national economy and to ensure the
fulfilment of the country's economic plans, provision is made under Polish
legislation for recourse to be had, when necessary, to various methods of
constraint (compulsory labour service, restrictions on the freedom of employment) backed by penalties, in order to obtain and allocate a labour force, and
t h a t this affords a basis for a system of forced labour for economic purposes ;
(ii) t h a t it is unable to come to any conclusion as to the number of
persons subjected to forced labour in application of this legislation.

TjEBRITOHIES A D M I X I S T E K E D

BY POHTUGAL

262. Allegations regarding the existence of forced labour in territories
administered by Portugal were made during the debates on forced labour in the
Economic and Social Council by the representatives of the Byelorussian S.S.R.
and the World Federation of Trade Unions and were also submitted to the
Committee by one non-governmental organisation.

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

263. These allegations refer in substance to the following points :
(a) compulsory labour in the non-metropolitain territories adminis
tered by Portugal ;
(b) recruitment of labour in Angola, particularly for the sugar plantations ;
(c) recruitment of labour in the territory of Mozambique for the mines
in the Union of South Africa ;
(d) labour conditions in the Island of San Tomé.
264. At its Fourth Session the Committee had before it the allegations1,
the documentary material concerning them 2 and the comments and observations of the Government.3 The following are the Committee's findings and
conclusions concerning the alleged existence of forced labour in territories
administered by Portugal.
Compulsory Labour in Portuguese Non-Metropolitan Territories.
265. The laws governing indigenous labour in territories administered by
the Portuguese Republic include Articles In et seq. of the Colonies Charter, the
provisions of which are part of the political Constitution of Portugal according
to Article 133 of the Constitution, Articles 240 et seq. of the Organic Charter
of the Portuguese Colonial Empire and the Native Labour Code approved
by Decree No. 16999 of 6 December 1928.4
266. In its comments and observations 5 the Portuguese Government refers
to Article 145 of the Constitution, which prohibits any system under which
the State assumes an obligation to provide indigenous workers for any undertakings of an economic character, and any system under which indigenous
workers are compelled to serve such undertakings on any basis.
267. The Native Labour Code of 1928 6 prohibits the exaction from
Natives of compulsory or forced labour of any kind for private purposes. It
stresses, however, the " moral obligation " of the Natives " to procure the means
of subsistence by labour and thereby to promote the general interests of mankind ". Another provision obliges the Government of the Republic to ensure
the Natives full liberty to choose the work which suits them best, e.g., " under
a contract to serve another ", if they so prefer. The Government has the
right to " exercise benevolent supervision and tutelage in respect of their
work under contracts of employment ".
268. Other Articles elaborate these general principles : Article 294 of the
Code prohibits forced labour for private purposes and Article 328 punishes
1
2
3
4
5
6

See below,
See below,
See below,
See below,
See below,
See below,

p . 318.
p . 320.
p . 331.
p . 324.
p . 332.
p p . 320-323.

KEPOKT OF T H E

COMMITTEE

officials contravening this general provision with temporary retirement for
more t h a n one year or dismissal ; Article 329 explains what is meant by the
" imposition of forced labour " [e.g., any order coupled with threats of
punishment to enter the service of a private employer, physical violence
employed for the same purpose, or any order coupled with threats of
punishment or with physical violence given t o tribal chiefs requiring them
to compel Natives under their authority to work for any private person).
269. Forced labour for public purposes m a y be decreed only by the
metropolitan Government (Article 295). The cases in which recourse t o forced
labour for public purposes is legitimate are listed in Article 296. In t h e main
they concern cases of emergency or public calamity, or work in the interests
of the Native community, such as cleaning wells.
270. The administrative authorities are empowered to impose forced
labour for such purposes, and they may employ " t h e persuasive methods
and coercive measures which they consider necessary " (Article 299). According to Article 300 action taken hj the authorities to compel Natives to
take u p or resume work for which they have voluntarily contracted is not to be
deemed to be the imposition of forced labour.
271. The above examination of the documentary evidence leads t h e Committee to the conclusion t h a t the Portuguese legislation available to it appears
in principle to prohibit the imposition of forced labour on the indigenous population of territories under Portuguese administration. The principle appears
to be qualified, however, by certain restrictions such as the " moral obligation "
imposed on Natives to procure their means of subsistence b y labour " and
thereby to promote the general interests of mankind ", by the authority vested
in the metropolitan Government to decree forced labour for public purposes
in non-metropolitan areas, coupled with the authority granted to the administrative officials competent in the areas of residence of the Natives concerned
to employ the persuasive methods and the coercive measures which they
consider necessary for the achievement of the ends prescribed, and finally
by the provision t h a t action taken by the authorities to compel Natives to
take u p or to resume work for which they have voluntarily contracted is not
deemed to be an imposition of forced labour.
272. In the absence of more detailed information on the practical implementation of these provisions by the responsible officials, the Committee
refrains from drawing definite conclusions, on the sole basis of this legislation,
as to the existence or non-existence of compulsory labour in these territories.
273. The Committee notes t h a t Portugal has not ratified international
labour Convention No. 29 concerning forced or compulsory labour.
Recruitment

of Indigenous

Workers.

274. Another problem which is important with regard to the existence or
non-existence of forced labour is t h a t of the recruitment of indigenous workers.

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

It may be recalled here that international labour Convention No. 50 concerning the regulation of certain special systems of recruiting workers defines
" recruiting " as including " all operations undertaken with the object of
obtaining or supplying the labour of persons who do not spontaneously offer
their services... ". Article 4 of the Convention requires the competent authority
to take measures " to avoid the risk of pressure being brought to bear on the
populations concerned by or on behalf of the employers in order to obtain
the labour required ", and Article 9 prohibits public officials from recruiting
for private undertakings either directly or indirectly. Native chiefs and other
indigenous authorities are also prohibited by the Convention from acting
as recruiting agents.
275. These provisions were inserted, inter alia, because it had already been
pointed out in a report submitted to the Twelfth Session of the International
Labour Conference in 1929 that it is not always possible to indicate " whether
the methods employed [for recruiting] are in fact tantamount to compulsion.
This is especially the case, for example, where recruiting is carried out by
officials of the Administration. " Elsewhere, the same report observes that
in such matters " the line between encouragement and command is a narrow
one ", one reason being that " it is clearly difficult for people at a low stage
of social development to perceive the exact difference between encouragement
and command, when they come from the mouth of those entitled to command " . 1
276. Portugal has not ratified international labour Convention No. 50
concerning the regulation of certain special systems of recruiting workers.
277. In the Committee's view it is in the light of the principles stated in
this Convention that the Portuguese legislation governing the recruitment
of indigenous workers has to be examined.
278. The question is dealt with in Sections 24 to 86 of the Labour Code of
6 December 1928. According to Section 25 2 an official authorisation is
necessary to recruit Natives. Section 30 3 prohibits certain recruiting methods,
e.g., the recruiter is not to lead Natives or their chiefs to believe that he
represents public authority or make any sales on credit to them to be reimbursed by work.
279. According to Sections 36 and 37 3, the authorities exercising jurisdiction over the Natives are bound to facilitate recruiting operations by pointingout, for instance, the more densely populated areas, by advising tribal chiefs
and Natives either in the presence of recruiting agents or otherwise to obtain
employment and, in any emergency, by affording such agents all such moral
and material assistance as is right and customary.
280. Section 38 4 prohibits the authorities from accompanying recruiting
1
2
3
4

See
See
See
See

below,
below,
below,
below,

p.
p.
p.
p.

143.
324.
325.
326.

BEPOKT O l THE COMMITTEE

agents, b u t the prohibition does not apply " to cases in which the authorities
""^'-i

>jt.«.KjL/i. vAÍXj.t4fL'\_'o ÜJ.WV »~/x *> V V^XXUJXXWV x x x u i i v ^vyjUJLjLyUJXA V VJX i v / w U.xtjxxxfci U I H V I I U K J . . .

281. The Committee feels t h a t provisions of the kind examined above
may lead the responsible officials to exercise a certain pressure on the Natives
to induce them to enter into contracts of labour offered by recruiting agents.
More detailed information concerning the implementation of these provisions
would be necessary to enable the Committee to draw definite conclusions
as to whether or not recruitment is in fact accompanied by compulsion in
territories under Portuguese administration.
282. The Committee noted the observations of the Portuguese Government to the effect that " neither in Angola nor in any other Portuguese overseas territory can there be any compulsion to work for private undertakings ". x
Recruitment of Labour in the Territory
Union of South Africa.

of Mozambique

for the Mines in the

283. This problem is dealt with in a convention concluded on 11 September 1928 between the two Governments concerned 2 and which appears to be
still in force. The convention provides for the recruitment of approximately
100,000 Native workers from Mozambique for work in the gold and coal
mines in the Union of South Africa. The convention contains provisions for
the supervision and protection of such Natives by a Portuguese Government
official stationed in the Union of South Africa. A fee of 35s. is to be paid per
year for every Native recruited for the mines concerned.
234. The Portuguese Government, in its comments and observations 3 ,
declares that no pressure is exercised on Natives to induce them to accept
employment in the mines in the Union of South Africa and that the convention
aims at protecting them. I t is also stated t h a t the Portuguese authorities
neither encourage nor favour recruitment.
285. Although there are indications, as stated above, t h a t a t the recruiting stage some pressure might be exerted on the Natives, the Committee does
not feel that the provisions of the convention of 11 September 1928 are such
as to lead necessarily to forced labour for the Natives recruited in accordance
with these provisions. Conditions of forced labour might, however, be created
by the combined application of pressure a t the recruiting stage and of the
South African legislation governing breaches of labour contracts by indigenous
workers, which is examined in the conclusions concerning the Union of South
Africa. 4
Labour Conditions in the Island of San

Tomé.

286. The situation in this colony, as it appears from the documentation
available to the Committee, is briefly examined below.
x

See
See
3
See
4
See
2

below,
below,
below,
below,

p. 332.
p. 329.
p. 333.
p p . 74-75.

BEPORT OF THE AD HOC COMMITTEE ON FOBCED LABOUR

287. Modi vivendi concluded in 1926 and 1927 between San Tomé on the
one hand and Mozambique, Angola and Cape Verde on the other1, provide for
the recruitment of a certain number of workers through the San Tomé and Principe Emigration Company, which has to pay the Government a fee for every
worker recruited, both on the conclusion and on the renewal of his contract
of employment. The Company is responsible for the repatriation of the
workers, and the duration of the contracts for workers recruited in Angola
and Cape Verde is fixed at a maximum of four years.
288. A Decree of 8 May 19462 concerning the emigration of Native workers from Angola to San Tomé, after stressing the capital importance of Native
labour for the agricultural prosperity of the Islands, fixes the maximum
annual contingent of such immigrant workers at 5,000, prohibits transfers
from one employer to another, and states, in Article 7, that the contract
workers who have not been repatriated owing to the world situation " are
considered as being re-engaged by the same employers as from the date of
termination of the first contract, though remaining in the position of awaiting
transport for repatriation ".
289. The Government of San Tomé is, however, specifically requested
(Article 10) to increase the repatriation of Natives from Angola working in San
Tomé. In its comments and observations 3 the Portuguese Government
stresses the fact that at present it ensures the repatriation of all workers
whose contracts have expired.
290. The Committee cannot but conclude that provisions such as these,
engaging a worker for four years on an island which he cannot leave without
help from the authorities, the close connection between immigrant Native
labour and agricultural prosperity (as stated in the Decree of 8 May 1946),
the impossibility for the worker to transfer from one employer to another,
and the automatic prolongation of employment contracts with the same
employer when there are difficulties of repatriation, tend to limit very considerably the freedom of the worker to seek employment where he wishes or to
terminate his contract of his own free will. The labour of such workers is of
considerable economic importance to the territory and their situation appears
to be similar to that of workers under a system of forced labour for economic
purposes.
Conclusions
291. The Committee finds—
(a) that forced or compulsory labour is prohibited in principle by
Portuguese legislation, but that there are certain restrictions and exceptions
in this legislation which permit the exaction of forced or compulsory labour ;
(b) that the provisions protecting indigenous workers against unfair
methods of recruitment do not, however, exclude a certain amount of compul1
2
3

See below, p . 327.
See below, p . 328.
See below, p . 333.

BEPOBT Oí1 THE COMMITTEE

sion and it is possible that in practice certain pressure is brought to bear upon
workers by responsible officials to induce them to conclude contracts of
employment offered by recruiting agents ;
(c) that, with regard to the recruitment of indigenous workers in
Mozambique for the mines in the Union of South Africa, conditions of forced
labour might be created by the combined application of pressure at the
recruiting stage and of the South African legislation governing breaches of
labour contracts ;
(d) that the labour of workers in San Tomé is of considerable economic
importance to the territory and their situation appears to be similar to that
of workers under a system of forced labour for economic purposes.
ROMANIA

292. Allegations regarding the existence of forced labour in Romania were
made during the debates on forced labour in the Economic and Social Council
by the representative of the United States of America, and were also submitted to the Committee by various non-governmental organisations.
293. These allegations maintain in substance—
(a) that there exists in Romania a system of forced labour employed
as a means of political coercion, that " people are sent to do forced labour
by a simple administrative decision ", and that, under the new Penal Code,
the principle of nulla poena sine lege is infringed and persons are sentenced
for acts not specifically mentioned as punishable offences ;
(b) that forced labour is widely employed as a means of fulfilling the
country's economic plans ;
(c) that considerable numbers of Romanian citizens are sent to forced
labour camps and work there under most severe and inhumane conditions ;
(d) that large numbers of the Romanian population have been deported
to the Soviet Union for compulsory labour.
294. At its Tourth Session the Committee had before it the allegations1
and the documentary material concerning them.2 The following are the
Committee's findings and conclusions concerning the alleged existence of
forced labour in Romania.
Labour Exacted for Punitive or Re-educative Purposes.
Forced Labour Imposed by a Court under Penal Law.
295. Punitive work is mentioned in several Romanian penal laws, including Decree No. 183 of 19493, Law No. 9 of 19503 and Article 28 of the Penal
1
a
3

See below, p. 335.
See below, p. 341.
See below, p. 342.

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

Code.1 Each of these texts concerns a group of offences, which are not always
defined with adequate precision. Imprisonment with hard labour, for which
provision is made in the first two of these three texts, is ordered by the courts,
namely, the people's courts, district courts, courts of appeal and the Supreme
Court.2
296. Another Decree, No. 187 of 1949 3, not only supplements the abovementioned provisions but extends their scope. This Decree, in particular,
has retained the attention of the Committee. It lays down the fundamental
principles and the bases of the Romanian penal system. After stating that
" the aim of the criminal law is to defend the Romanian People's Republic
and its established order against acts which are dangerous to society ",
the Decree defines " acts which are dangerous to society" as " acts of commission or omission which violate the economic, social or political structure
or the security of the Romanian People's Republic or disturb the legal order
established by the people under the leadership of the working class ". The
Decree further states that " acts considered to be dangerous to society are
punishable even if they are not specifically mentioned as offences in a legal
provision. In such cases the grounds and the limits of the responsibilities
shall be determined in accordance with the legal provisions dealing with
similar offences. "
297. The Committee finds that the above definition of acts dangerous to
society, especially when taken in conjunction with the principle of analogy
in penal law, is so wide and comprehensive that it might well enable the
courts to convict and to subject to forced labour any person who is opposed
to the political ideology of the Government.
Labour Imposed on Persons Confined in " Re-education Centres " or
" Internment Centres " under Administrative Law.
298. The Committee has examined Decree No. 351 of 19 August 1949 on
the re-education of vagrants, beggars, prostitutes and procurers.4 I t was
alleged that this text was actually designed to provide the State with a means
of exacting forced labour from a large number of citizens by classing them
as " vagrants ".
299. "Vagrants" as defined in the above Decree, are " persons who have
no habitual residence and do not carry on regularly any trade or other occupation although they are able to do so ". Under the Decree such persons
are to be confined in " re-education centres ", where, it has been alleged,
they are subject to forced labour.
300. The Decree itself lays down the procedure to be followed in implementing its provisions ; on the motion of the militia vagrants can be sent to
1
2
3
4

See
See
See
See

below,
below,
below,
below,

p . 343.
p . 342.
p . 341.
p p . 343 and 344.

KEPOBT OF THE COMMITTEE

" re-education centres " by "Boards for Selection and Guidance ". These Boards
are not judicial bodies but purely administrative authorities, and a person
accused of being a vagrant is not offered any of the guarantees required for
his defence.
301. The Committee's attention was drawn to another provision, Decision
No. 30636 of 1945 1, by which an administrative body called the " Service
of Internment Centres and Labour Detachments " was made responsible
for all internments and for the releases of internees from camps and labour
detachments under the authority of the Department of Internal Affairs. By
a subsequent Decision, No. 6991 of 1946 1, this Service was dissolved, but its
personnel have been taken over by a similar body—the " Service for
Labour Detachments "—whose activities come under the Directorate-General
of Police.

The Mobilisation of Labour for the Implementation of Economic Projects.
302. Article 111 of the Labour Code of 1950 2, which appears in a chapter
entitled " Temporary Labour Service ", provides that in exceptional cases
citizens of the People's Republic of Romania may, in order to prevent or
combat disasters and to remedy a shortage of manpower required to carry
out important State tasks, be called upon to perform certain types of temporary labour service. The authority to draft citizens for such service is vested
in the Council of Ministers.
303. The fact that the implementation of this Article involves a recourse
to compulsion is evident from the text of the Article itself, which speaks
of calling up citizens.
304. As this legislation makes provision for such a mobilisation of labour,
" to remedy a shortage of manpower required to carry out important State
tasks ", it might provide the basis for a system of forced labour for economic
purposes.
305. It is apparently for the same purpose of ensuring the fulfilment of
State economic plans—i.e., without there being any idea of punishment—that
the institution of labour reserves was created. Under Ordinance No. 399 of
12 May 1951 2 and Decree No. 68 of 16 May 19523, it is the duty of the Central
Office of Labour Reserves to recruit between 45,000 and 55,000 workers
annually, to train them in vocational schools and training courses in conformity with the State Plan, and to distribute them according to the requirements
of the national economy.
306. The Decree provides for the courses in vocational schools to last two
or three years ; graduates from these schools and from training courses held
1
2
3

See below, p . 344.
See below, p . 345.
See below, p . 346.

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

in factories or plants are subsequently required to work for a,% least four years
in the unit to which they have been assigned.
307. No evidence was submitted to indicate t h a t compulsion is employed
a t the recruiting stage for vocational training under the labour reserve scheme,
although it appears that, once recruited and trained, persons are required
to work for a t least four years a t the place to which they are assigned.
The Number of Persons Sent to Forced Labour

Camps.

308. Representatives of non-governmental organisations have submitted
estimates as to the number of persons committed to punitive or re-educational
work. They have also given a list of the forced labour camps which allegedly
exist, indicating their location.
309. Having n o possibility of checking this information, the Committee
was not able to come to any conclusions on these points.
Deportations to the Soviet

Union.

310. I n connection with the alleged mass deportations of Romanian
citizens to the Soviet Union for compulsory labour, the Committee has not
had any precise evidence in substantiation of the allegation.
Conclusions
311. To sum u p , the Committee finds—
(a) t h a t Romanian penal and administrative laws—in particular Decree
No. 187 of 1949—provide the basis for a system of forced labour as a means
of political coercion or " re-education " of those opposed to the Government ;
(b) that, to fulfil the country's economic plans, Romanian legislation
of a non-penal character empowers the administrative authorities to call
u p any able-bodied person to remedy a shortage of manpower required to
carry out important State tasks, and to recruit large numbers of young persons for vocational training and thereafter for a minimum of four years' work
in the factories or plants to which they are assigned, and t h a t this legislation
might provide the basis for a system of forced labour for economic purposes.

SPAIN

312. Allegations regarding the existence of forced labour in Spain were
submitted to the Committee by a non-governmental organisation.
313. These allegations refer in substance to the following points :
(a) conditions in Spain from the Civil War u p to 1946, and from 1946
onwards ;

REPOBT OB' THE COMMITTEE

(b) arrest and detention with no guarantee of due process of law and
the procedure for judging political offences ;
(c) political prisoners ;
(d) detention of unconvicted persons and convicts who have completed
their prison sentences ;
(e) prison work, prison conditions and the number of prisoners.
314. At its Fourth Session the Committee had before it the allegations 1 ,
the material concerning them 2 and the comments and observations of the
Government.3 The following are the Committee's findings and conclusions
concerning the alleged existence of forced labour in Spain.
315. With regard to the allegations concerning conditions in Spain at the
end of the Civil War the Committee observes that it is only concerned with
conditions relating to forced labour as they exist at the present time ; it
has therefore refrained from investigating these allegations.
316. It was alleged that the legal system—an emergency system for time
of war proclaimed at the outbreak of the Civil War in 1936—is still in force.
The Committee noted the Spanish Government's observations 4 that the
state of emergency had ended prior to the promulgation of the Charter of
the Spanish People on 17 July 1945, that the Spanish legal system is not
an emergency system in so far as criminal law is concerned, that it is governed
fundamentally, by the provisions of the ordinary Penal Code of 1944 and
by the Code of Military Justice of 1945, and that the only penal legislation
subsequent to those Codes is the enactment of 18 April 1947 which provides
for the punishment of the crimes of banditry and terrorism and, in view of
the danger to public safety which such offences represent, empowers the
military courts to try and to punish them.
317. While it appears that ordinary crimes are punished in accordance
with the provisions of the Penal Code of 1944, a number of special enactments,
some of which are partly incorporated in this Code, define and punish political, economic or " special " crimes. The Committee has examined a number
of these enactments, including the Vagrancy Act of 4 August 1933, the Proclamation of a State of War of 28 July 1936, which appears to be still in force,
the State Security Act of 29 March 1941, as amended, the Military Rebellion
Act of 2 March 1943, on Act of 17 July 1945 (the Charter of the Spanish
People), a Legislative Decree of 18 April 1947 on terrorism and banditry,
and the Freemasonry and Communism Act of 1 March 1940. Some of the
provisions of these enactments are briefly examined in the paragraphs which
follow.
318. The Vagrancy Act of 4 August 1933 authorises special tribunals to
1
2
3
4

See
See
See
See

below,
below,
below,
below,

p.
p.
p.
p.

348.
354.
362.
363.

BEPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

impose penalties of up to five years' imprisonment on vagrants, drunkards,
persons concealing their identity, persons who, by their activity and propaganda, encourage terrorism or armed aggression, and persons publicly condoning such offences.
319. The Proclamation of a State of War of 28 July 1936 entrusts to
military jurisdiction the summary punishment of such offences as rebellion and
sedition, offences committed against persons or property for political or social
motives, the spreading of false and tendentious rumours, and other similar
offences.
320. The Military Rebellion Act of 2 March 1943 empowers military tribunals to judge by summary procedure offences qualified by law as military
rebellion, such as the spreading of false or tendentious rumours with a view to
disturbing public order or causing international conflicts. According to the Act
strikes, sabotage and similar acts are also considered to constitute military
rebellion if they are of a political nature and cause a serious disturbance of
public order. However, strikes may also be punished as sedition, under Articles
222 and 223 of the Penal Code, by up to twelve years' imprisonment for the
ringleaders and up to six years' imprisonment in other cases.1
321. Article 12 of the Act of 17 July 19452 grants to every Spaniard the
right to free expression of his ideas " provided that they do not violate the
fundamental principles of the State ". Article 251 of the Penal Code of 1944 3
punishes with between six months' and six years' imprisonment persons
who, inside or outside Spanish territory, engage in propaganda designed
to overthrow the political, social, economic and legal structure of the State or
to weaken national feeling. Under Article 253 3, the spreading of false and
tendentious rumours is punished with between six and 12 years' imprisonment
and the total loss of civil rights.
322. The Legislative Decree of 18 April 1947 4 provides for the death
penalty or imprisonment to be imposed on persons causing explosions, fires
and floods and committing other similar acts of terrorism with a view to
vengeance or reprisals of a social or political character or to disturbing
public peace and order.
323. The Freemasonry and Communism Act of 1 March 1940 5 punishes
persons belonging to masonic or communist organisations by twenty to
thirty years' imprisonment. It was noted that the Act enables the Government to apply its provisions with the necessary adaptations to such formations
and groups as it considers should be added to the list of masonic or communist
associations.
324. The Committee considered the Spanish Government's observations on
the procedure followed in judging political offences, and noted, in particular,
1

See
See
3
See
4
See
6
See
2

below,
below,
below,
below,
below,

p p . 357
p p . 355
p . 355.
p p . 363
p p . 356

and 364.
and 370.
and 370.
and 370.

KEPORT O í THE

COMMITTEE

the difference between normal criminal procedural law and the procedure
followed by military tribunals.1 While in the first case the rights of the defence
appear to be similar to generally recognised principles of law, such rights
are severely curtailed in the procedure adopted in military courts in judging
political offences. The investigating magistrate, for instance, has absolute
authority to determine what witnesses may be called ; the defence is entrusted
to a single attorney, whatever the number of the accused. Appeal does not
prevent sentences from becoming immediately effective and, in the case of
a death sentence, only the granting of a pardon can stay the execution.
325. The Committee found that under Spanish legislation prisoners,
whether convicted of political or other offences, must do useful work and, in
addition, that under conditions defined by the laws and regulations on the
" remission of sentences through work", both classes of prisoners (with certain
exceptions) may earn a partial remission of their penalties.
326. With regard to the number of prisoners and prison conditions, the
Committee noted the statement of the organisation submitting the allegations
(which had been given facilities to visit Spanish prisons) that the number
of political prisoners appears to have decreased since 1946 and that, recently,
conditions in prisons seem to have improved.
327. The Committee also took into consideration the relevant observations
of the Spanish Government relating to the number of prisoners 2 , the work
of prisoners, and prison conditions.3
Conclusions
328. In reviewing the above-mentioned evidence, the Committee has found
that Spanish law permits freedom of expression, provided that it does not
violate " the fundamental principles of the State " ; that it contains very
broad definitions of political offences ; that such offences are judged by
military tribunals under summary procedure and are punished by heavy
penalties which carry with them the obligation to work. I t concludes that
these legal provisions could be applied as a system of forced labour for political
coercion or punishment for holding or expressing political views.

UNION OP SOUTH AFBICA AND SOUTH-WEST ATEICA

Union of South Africa
329. Allegations regarding the existence of forced labour in the Union of
South Africa were made during the debates on forced labour in the Economic
and Social Council by representatives of the Byelorussian S.S.R., Poland
1

See below, p . 363.
Out of 23,461 prisoners now undergoing sentence, 19,051 were convicted b y the civil
judicial authorities and 3,410 b y t h e military judicial authorities. See below, p . 369.
3
See below, p p . 365-369.
2

EBPOBT OF THE AD HOC COMMITTEE ON FOKCED LABOUH

and the World Federation of Trade Unions, and were also submitted to the
Committee by one non-governmental organisation.
330. These allegations refer in substance to the following points :
(a) the political rights of non-whites ;
(b) the question of pass laws ;
(c) the residential segregation of the Indian population ;
(d) the compulsory nature of labour contracts for " non-whites " ;
(e) prohibitive taxation as a means of securing a contract labour force ;
(f) the use of penal laws to obtain a supply of Africans for work in
industry and agriculture ;
(g) the recruitment of labour in the Territory of Bechuanaland for the
mines of the Union of South Africa ;
(h) the recruitment of labour in the Territory of Mozambique for the
mines in the Union of South Africa.
331. At its Fourth Session the Committee had before it the allegations1,
the documentary material concerning them 2 , the comments and observations
of the Government 3 and its reply to the Committee's questionnaire.4 The
following are the Committee's findings and conclusions concerning the alleged
existence of forced labour in the Union of South Africa.
332. The Committee found that some of the allegations made could be eliminated from the outset, either because they were irrelevant to its terms
of reference or because they were not substantiated. These allegations
referred to the political rights of non-whites, the residential segregation of
the Indian population, prohibitive taxation as a means of securing a contract
labour force, the recruitment of labour in the Territory of Bechuanaland for
the mines in the Union of South Africa, and the recruitment of labour in the
Territory of Mozambique for the same purpose.
333. With regard to the allegation that non-whites do not enjoy political
rights in the Union, the Committee has come to the conclusion that the
absence of political rights is not, in itself, proof of the existence of forced
labour. In the Committee's view this allegation is irrelevant to its terms
of reference. The Committee has therefore refrained from investigating it.
334. The treatment of persons of Indian origin in the Union of South
Africa was extensively discussed during the First, Third, Fifth, Sixth and
Seventh Sessions of the General Assembly of the United Nations, and a number
of resolutions dealing with these problems were adopted. No charges concerning
the subjection of the Indian population in the Union of South Africa to forced
labour were made in these debates. The allegation on the subject 5 refers
1

S e e below, p . 373.
See below, p p . 377 and 418.
See below, p . 403.
4
United Nations document E/AC.36/11.
6
See below, p . 374.

REPORT OF THE COMMITTEE

to a Decree of 29 May 1946 " extending the ghetto system to t h e Indian
population ". The allegation does not affirm t h a t forced labour is exacted
from this population.
335. The Committee found t h a t residential segregation does not necessarily
involve the existence of forced labour within the meaning of its terms of
reference unless it is accompanied by other measures of a coercive nature
directly or indirectly compelling those concerned to do certain kinds of work,
the residential segregation being a means of facilitating supervision by the
authorities of persons subjected to such work. No evidence to the effect
t h a t the Indian population is submitted to such work or to coercive measures
of the kind described above has been brought to the Committee's knowledge.
336. Another allegation 1 states t h a t use is made of prohibitive taxation
to secure a contract labour force. I n its comments and observations 2 the
Government states t h a t " the allegation t h a t Natives must seek work solely
in order to pay their taxes is completely untrue " . The Government then
gives a detailed account of the purposes for which taxes levied on Natives
are used. The Committee found that, although in some cases Natives might
have to resort to labour to pay taxes, the allegation t h a t they were prohibitive in their incidence and were maintained to secure a contract labour
force was not substantiated.
337. No evidence has been found concerning the forcible recruitment
of workers in Bechuanaland for the South African mines. 3
338. With regard to the recruitment of labour in the Territory of Mozambique for the mines of the Union of South Africa, the Committee studied a
convention concluded on 11 September 1928 between the Governments of the
Union of South Africa and the Portuguese Republic 4 regulating the migration
of Native workers from Mozambique to the Union. This convention has
been renewed from time to time and was adopted in 1944 for an indefinite
period. 5 The text of this convention does not expressly indicate t h a t workers
recruited under its terms are subjected to forced labour. The conditions
under which recruitment takes place a t t h e instance of the Portuguese Government have been studied, and the Committee's findings in this respect are to
be found in the conclusions concerning territories administered by Portugal. 6
However, reference should also be made to the Committee's conclusions
concerning penal sanctions for breach of labour contracts, which appear t o
affect these workers in the Union of South Africa. 7
339. The remaining allegations are examined below.
1

Seo below, p . 374.
See below, p . 408.
See also the conclusions" relating to point (a) ¡ " Mass recruitment for African mines
(Bechuanaland) " in the United Kingdom Territories, p . 102.
4
See below, p . 305.
s
See below, p . 423.
6
See above, p . 63.
' See below, p . 76.
2

BEPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOUR

The Question of Pass

Laws.

340. The various pass laws in force in the Union of South Africa are alleged
t o be a means of supplying European employers with African labour, under
the menace of a penalty. Non-whites, it is said, are compelled to remain
where they work through the application of such laws. 1
341. These charges seem serious enough t o the Committee to warrant an
investigation of t h e relevant legislation and of how it affects the people to
whom i t is applied. I t can indeed be argued t h a t if, b y such devices as passes,
freedom of movement is sufficiently restricted to compel great numbers of
persons to remain where they are, they will be forced to accept work at the
conditions offered a t their place of residence. Furthermore, the existence
of such laws may also enable the Government to direct workers towards
areas where labour is required. Legislation of this kind may, therefore,
be used as a direct or indirect means of carrying out the economic plans or
policies of the Government or of private interests important for the economy
of the country.
342. A prima facie case as to the relevancy of the allegation seems
therefore t o be established.
343. Legislation on pass laws has been summarised in t h e document transmitted by the Chairman t o the Government of t h e Union of South Africa.2 I t
is evident from this summary t h a t the legislation concerned severely restricts
the movements of Natives, t h a t urban authorities may direct Natives to
live in certain areas and may remove them from such areas, t h a t Natives
m a y not come to o r be introduced into such areas without the written permission of the competent authorities, t h a t contracts of service may have
to be registered under regulations issued b y the Governor-General, t h a t pass
areas may be defined b y Proclamation in the Gazette and t h a t regulations
for the control and prohibition of the movement of Natives into, within, or
from such areas m a y be prescribed. Natives arriving in pass areas must
report at the police station or Native Commissioner's office and authorised
officers m a y refuse t o issue or endorse passes for any Native to enter or leave
or travel within a pass area, for any reason appearing to such an officer to
be sufficient (for instance, if the Native concerned is under an unexpired
contract of employment).
344. Violations of this legislation b y Natives are punished b y fines, or imprisonment with hard labour in case of non-payment of the fines.
345. The report of the Native Laws Commission (1946 to 1948) 3 considers
such legislation necessary because the settlement of Native communities in
proximity to European ones and contacts between the Europeans and the
Natives will, according to the Commission, be regarded b y a large portion
iSee below, p. 373.
2
See below, pp. 377-385.
8
See below, p. 377

BEPOBT 0 Ï

THE

COMMITTEE

of the white population as a danger to the economic life of the country. The
legislation is also considered essential for the maintenance o€ the principle
of residential segregation.
346. In its comments and observations 1 the Government states that pass
laws have now been repealed by the Natives (Abolition of Passes and Co-ordination of Documents) Act, 1952.2
347. This Act, which consolidates the pass legislation, enables the authorities to issue reference books to Natives having attained the age of 16 years, in
Heu of the various passes. The Native has to carry this reference book with
him and to exhibit it upon request to a competent officer. I t contains the
holder's identity card as well as other essential particulars, such as his
employment contract, tax receipts and so on.
348. The South African Government states 3 that the 'pass system was
originally intended as a protection for Natives compelled by economic circumstances to seek employment in the towns and cities of the Union. Passport
systems were also evolved, according to the Government, not to control the
movement of Natives but purely for identification purposes. The mass
migration of the Bantu population into the industrial areas, newly developed
since the First World War, has resulted in unemployment, a decline in health
and an increase in crime, and has compelled the Government to convert the
passport into a means of controlling and often preventing the movement of
Natives towards the towns. The registration of contracts of employment,
curfews and the expulsion of idle and undesirable persons have served the
same purpose.
349. In view of the evidence briefly examined above, the Committee has
found that the pass legislation in the Union of South Africa constitutes a
serious handicap to the freedom of movement of the Native population and
that it has, or may have, important economic consequences.
350. The Committee is of the opinion that this legislative device may be
used for the control and regulation of the flow of Native labour from one part
of the territory to the other. There can be no doubt that such control may serve
the purpose of directing a supply of ample, and consequently cheap, labour
towards regions where it is required for economic reasons.
351. The former pass laws and the Natives (Abolition of Passes and Coordination of Documents) Act, 1952, which replaces them, may therefore be
considered as an indirect means of implementing economic plans and policies,
whether emanating from the Government or from private interests powerful
enough to command Government support. The State, through the operation
of this legislation, is in a position to exert pressure upon the Native population which might create conditions of indirect compulsion similar in its
effects to a system of forced labour for economic purposes.
1
2
3

See below, p . 406.
See below, p . 418.
See below, p p . 406-407.

BEPOKT OF THE AD HOC COMMITTEE ON FORCED LABOUB

The Compulsory Nature of Labour Contracts for Non-Whites.
352. I t has been alleged that, under the Native Labour Regulation Act,
1911, a breach of a labour contract by an African, or his refusal to obey a lawful
order, is a criminal offence.1 The Committee was of the opinion that such
legislation might be conducive to forced labour exacted for economic purposes.
It therefore examined the relevant South African legislation—the Native
Labour Regulation Act, 1911, as amended by Act No. 56 of 1949.2
353. This legislation is applied to those Natives (approximately 500,000)
who are recruited for employment or are employed or working on any mine or
works, i.e., a place where machinery is used. The legislation contains provisions designed to protect the Native against unscrupulous dealings by labour
agents. The Act also punishes by fines or, in default of payment, by imprisonment with or without hard labour for a period not exceeding two months,
any Native worker who deserts or absents himself from his place of employment or fails to carry out the terms of his contract.
354. The Natives (Urban Areas) Consolidation Act, 1945, and the relevant
regulations 3 also contain detailed provisions punishing breaches of contract
by Native workers and failure to do work which it is their duty to do by virtue
of such contracts.
355. When passing sentence the presiding judicial officer dealing with such
matters may, if the employer so desires, direct the Native concerned, after
the sentence imposed upon him has expired, to return to work with his employer
and complete his contract.
356. The Government in its observations4 explains these provisions by the
fact that Natives have no conception of the binding nature of civil contracts.
Abolition of the penal sanctions provided by law for any breach of contract
would, in the opinion of the Government, leave the employer without means
of obtaining redress, if, for instance, the labourer deserted from his place of
employment.
357. The evidence briefly examined above appears to substantiate the
allegation that the legislation in force in the Union of South Africa makes
it " a criminal offence to refuse to obey an order or to break a contract ".
358. It remains to be seen whether this legislation constitutes forced labour
within the meaning of the Committee's terms of reference.
359. The Committee notes, in the first place, that at least the recruitment of
Natives for work in mines or works is not compulsory. The Native enters
voluntarily into the agreement. Penal sanctions are applied only in the
event of a breach of contract or some other violation of the law.
1

See
See
3
See
* See
2

below,
below,
below,
below,

p. 374.
pp. 386-388.
pp. 382 and 388.
p. 408.

BBPOBT O Ï THE COMMITTEE

360. There can, however, be no doubt, in the Committee's view, that the
j.aet that it is impossible for the worker to terminate his contract unilaterally before the expiration of its term, without running the risk of heavy
penalties, constitutes a serious restriction of his personal liberty.1 Since the
total number of Africans working under such contracts of employment is
very large, legislation of this kind, if abused or vigorously implemented, might
lead to a system of forced labour for economic purposes.
The Use of Penal Laws to obtain a Supply of Africans for Work in Industry
and Agriculture.
361. The allegations reproduced under this heading 2 referred to the right
of a magistrate to declare that a Native leads an idle, dissolute or disorderly
life and to sentence him to be detained until he is assigned to suitable employment. The allegations also mentioned that convict labour is hired out to
farmers and industrial enterprises at a nominal amount per day.
362. With regard to the first of these allegations, Section 29 of the Native
(Urban Areas) Consolidation Act, 1945, as amended by Section 36 of the
Native Laws Amendment Act, 1952, reproduced in the comments and observations of the Government of the Union of South Africa3 lays down that
Natives may be ordered to be detained in a work colony established under the
Work Colonies Act, 1949, that if a Native is declared to be an idle person he
may be sent for a period not exceeding two years to a farm colony, work
colony or similar institution and that, if the Native agrees, he may be ordered
to enter a contract of employment with an employer and may be detained
pending his removal to the place where he will be employed.
363. The Act aims, according to the Government's observations, at removing vagrant Natives to some place where they may be rehabilitated and at
giving them a chance to prove that they are prepared to lead an industrious life.
364. The report of the Penal and Prison Reform Commission4, examined by
the Committee in connection with these allegations, shows that prison labour
is hired out to railways, harbours, local authorities, certain gold mines, farmers
and other private persons.
365. The report states that it has been the practice since 1934 to hire out
to farmers at 6d. per day non-European male first offenders undergoing
sentences of less than three months. Also, according to the report, it is a
widespread practice in the Union to hire out to private persons at 2s. per
unit per day non-European prisoners serving sentences of hard labour. In
1
The Government of the Union of South Africa has not ratified international labour
Convention No. 65 concerning penal sanctions for breaches of contracts of employment b y indigenous workers.
2
See below, p. 374.
3
See below, p . 409.
4
See below, p . 391.

BEPOBT OF THE AD HOC COMMITTEE ON FORCED LABOTJE

its comments and observations 1 , the Government of the Union declares that
pass offenders are not sent to farm prison outstations. Under a scheme
inaugurated 20 years ago, a petty offender admitted to gaol could intimate
his preparedness to work in a rural area at a fixed wage, but it is only at
his express wish that he is engaged as a labourer for the period of his sentence.
It was recently decided to extend this scheme to persons with sentences of
up to four months.
366. In the statement on farm prison outstations prepared by the Department of Prisons 2, the Government of the Union declares that in certain areas
there are associations of farmers formed at the Government's request. These
associations are authorised to construct prisons in accordance with specifications laid down by the Department of Prisons. A proper contract is entered
into with these associations determining, inter alia, the basis on which the
Department would make prisoners available to the association. The prisons
themselves remain under the supervision of the staff of the Department.
367. The only persons transferred to these stations are those who have
received sentences ranging from six months upwards for serious offences. The
districts where these prisons are situated include the country's highest foodproducing centres, where labour is extremely short.
368. The Committee also noted that in the 1950 report addressed by the
Government of the Union of South Africa to the International Labour Office
on the Forced Labour Convention (No. 29) 3 it is stated that " the advisability
of abolishing the practice of hiring convict labour to private companies
and individuals has been the object of further study ; however, the situation
remains unchanged, and the Union of South Africa is accordingly unable
to ratify the Convention ".
369. In reviewing the evidence examined above the Committee has found
that the allegations made with regard to the use of penal labour for work
in industry and agriculture are substantiated by the legislation in force in
the Union of South Africa and by the comments and observations of the
Government of the Union. It also seems certain that the use of such labour
is of some economic importance. The Committee has noted in this connection
that, in its comments and observations, the Government states that farm
prison outstations are situated in regions where labour is scarce. Since,
moreover, a very considerable number of Natives are committed for short
terms for minor offences4, the Committee found that labour of the kind
described above is of importance for the economy of the country and that
the laws might be applied in such a way as to increase the Native labour
force at the disposal of the national economy and thereby lead to a system
of forced labour for economic purposes.
1
2
8
4

See
See
See
See

below,
below,
below,
below,

p. 412.
p. 403.
p. 394, footnote.
pp. 391 and 422.

BEPORT OF THE COMMITTEE

Conclusions
370. No allegation has been made regarding the existence of forced labour
as a means of political coercion in the Union of South Africa. The Government of the Union of South Africa, in its comments and observations, referred
to the Suppression of Communism Act, 1950.1 I t s attention having been
drawn to this legislation, the Committee has examined its provisions in some
detail. The Act, amended by Act No. 50 of 1951, prescribes various penalties
up t o ten years' imprisonment for offences against its main provisions, such
as furthering the achievement of any of the objects of communism. The
Government of the Union of South Africa states t h a t under t h e Act the
propagation of the doctrine of communism is a criminal offence b u t t h a t
no attempt is made to influence the opinion of any offender while he is serving
his sentence, and t h a t the number of convictions under these Acts has been
so insignificant t h a t " it could not conceivably be suggested t h a t it plays
any part at all in the economy of the country " .
371. I n the Committee's view these Acts could be used as an instrument
for the correction of the political opinions of those who differ from the ideology
of the State. Whether these laws will remain as a simple deterrent for potential
political offenders planning to overthrow the constitutional Government by
illegal means, or whether they will become an instrument of political persecution and oppression, thereby leading to a system of forced or corrective
labour as a means of political coercion or punishment, will depend on the
meaning placed by the competent judicial and administrative authorities
on the numerous and important provisions of these Acts which are susceptible
to a variety of interpretations.
372. With regard to the economic aspect of its terms of reference, the
Committee is convinced of the existence in the Union of South Africa of a
legislative system applied only to the indigenous population and designed to
maintain an insuperable barrier between these people a n d the inhabitants
of European origin. The indirect effect of this legislation is to channel the
bulk of the indigenous inhabitants into agricultural and manual work and
thus to create a permanent, abundant and cheap labour force.
373. Industry and agriculture in the Union depend to a large extent on
the existence of this indigenous labour force whose members are obliged to
live under the strict supervision and control of the State authorities.
374. The ultimate consequences of the system is to compel t h e Native
population to contribute, by their labour, to the implementation of the
economic policies of the country, b u t the compulsory and involuntary nature of
this contribution results from the particular status and situation created by
special legislation applicable to t h e indigenous inhabitants alone, rather
than from direct coercive measures designed to compel them to work, although
1

See below, p p . 406 and, 423-425.

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

such measures, which are the inevitable consequence of this status, were
also found to exist.
375. I t is in this indirect sense therefore that, in the Committee's view,
a system of forced labour of significance to the national economy appears
to exist in the Union of South Africa.
South-West Africa
376. Allegations concerning the existence of forced labour in the territory
of South-West Africa were made during the debates on forced labour in
the Economic and Social Council by the representative of Poland.
377. These allegations refer in substance to the following points :
(a) the conditions to which indigenous workers are subjected, as reported
in a memorandum addressed to the General Assembly of the United Nations
by the Reverend Michael Scott ;
(b) compulsory labour imposed on indigenous workers.
378. At its Fourth Session the Committee had before it the allegations1,
the documentary material concerning them 2, the comments and observations
of the Government of the Union of South Africa 3 and its reply to the Committee's questionnaire.4 The following are the Committee's findings and conclusions concerning the alleged existence of forced labour in South-West
Africa.
The Conditions of Indigenous Workers.
379. The first of the allegations on this point refers to certain documents,
including petitions by South-West Africans.5 The complaints of the petitioners refer, inter alia, to the existence of pass laws and the oppressive use that
is made of them by Government authorities, to the low wages paid for their
work, and to the fact that Native workers wishing to complain about illtreatment by their masters, and appearing before the police without a proper
pass, are gaoled, and have later to return to their place of employment.
380. In a report by the South-West Africa Native Labourers Commission 6, also quoted in the document in question, it is stated that Natives are
unanimous in their criticism of the low wages paid to farm labourers.
381. The Committee noted the comments of the Government of the Union
of South Africa 7 to the effect that the main object of the pass laws is to
1
2
3
1
5
6
7

See below, p . 396.
See below, p . 397.
See below, p . 4 0 3 .
United Nations document E/AC.36/11.
Reproduced in "united Nations document A/C.4/L.66. See below, p p . 397-398.
See below, p . 398.
See below, p p . 413-414.

EEPORT OF THE COMMITTEE

provide identification papers for those members of the indigenous population
persons who have progressed beyond this stage have been exempted from
the provisions of these laws.
382. The Committee refers t o its conclusions with regard to pass laws and
their possible effect on the Natives concerned in the Union of South Africa 1 ,
which apply also in the case of the territory of South-West Africa. As to the
low wages paid to workers, the Committee considers t h a t investigation of
this question would be outside its terms of reference. I t noted the observations of the Government of the Union on this matter. 2
383. Concerning the allegation t h a t workers wishing to complain about
their employers have to carry a pass to be able to go to the nearest police
station and t h a t failure to carry such a document is punished with imprisonment, the Government of the Union states 2 that, according to the law,
Native workers in such circumstances may proceed without a pass to the
nearest authorised officer.

Compulsory Labour Imposed on Indigenous

Workers.

384. I n connection with the second allegation, concerning compulsory
labour imposed on indigenous workers in South-West Africa, the Committee had
before it the information contained in United Nations document T/175. 3
I t is evident from this document t h a t t h e legislation in force in the territory
concerning, for example, habitually unemployed Natives, breaches of contracts
of service, and the master and servants laws is similar to t h a t applied in the
Union itself. The Committee noted the comments of the Government of the
Union referring (a) to a judgment of one of the Supreme Courts of t h e Union
of South Africa 4 ; (b) to the necessity of mamtaining penal sanctions for
breach of labour contracts because of the impossibility of enforcing such
contracts otherwise 4 ; and (c) to the protection afforded to the employee
by the master and servants laws. 5

Conclusions
385. The Committee's findings on these allegations are the same as those
which it reached in the case of the Union of South Africa regarding the compulsory nature of labour contracts for " non-whites ". 6
1

See
See
See
4
See
3
See
» See
3

above,
below,
below,
below,
below,
below,

p p . 74-70.
p . 415.
p . 398.
p . 416.
p . 417.
p . 76.

BEPOBT OF THE AD HOC COMMITTEE ON ÏOKCED LABOUR

386. The evidence before the Committee leads it to confirm in the case
of South-West Africa the conclusions it reached with regard to the Union of
South Africa itself. 1

U N I O N OF SOVIET SOCIALIST R E P U B L I C S

387. Allegations regarding the existence of forced labour in the U.S.S.R.
were made during the debates on forced labour in the Economic and Social
Council b y the representatives of Australia, Chile, France, the United Kingdom, the United States of America and the American Federation of Labor,
and were also submitted to the Committee b y various non-governmental
organisations and one private individual.
388. These allegations maintain in substance—
(a) t h a t t h e Soviet Union has a system of forced labour, one of the
main aims of which is to crush all opposition, particularly as expressed in
political opinions differing from those of the régime ;
(b) t h a t one of the foundations of the system is the criminal law and
criminal procedure of the country, which are so conceived t h a t many persons,
especially those opposed to the régime, can be convicted and sentenced to
forced labour without adequate provision being made for their defence and
in circumstances which, in many other legal systems, would not be recognised
as constituting a n offence or involving their responsibility ;
(c) t h a t the administrative authorities of the M.V.D. have extensive
extra-judicial powers whereby persons can be subjected to forced labour ;
(d) t h a t the forced labour system is of great importance to the national
economy, since it supplies cheap labour in large quantities for many different
types of work, particularly in undeveloped and unhealthy areas ;
(e) t h a t the number of persons sentenced to forced labour runs into
millions, the persons concerned being confined in numerous camps located
a t widely scattered points throughout the Soviet Union, t h a t conditions in
the camps are bad, and t h a t the death rate among the prisoners is high ;
(f) t h a t millions of persons have been deported either from one part
of the Soviet Union to another or from neighbouring countries to the Soviet
Union and t h a t t h e deportees have been subjected to forced labour ;
(g) t h a t in t h e Soviet Union the difference between the status of a free
worker and t h a t of a forced labourer is tending to diminish as a result of the
m a n y restrictions placed b y law on the freedom of employment.
389. A t its F o u r t h Session the Committee had before it the allegations 2,
1
2

See above, p p . 79-80.
See below, p . 426.

BEPOET OF THE COMMITTEE

the replies to the allegations \ the documentary material concerning them 2,
UIXJ.V4. Ml 1 U U U U 1 ,

U-Oll/OU.

KjyJ JU/ClJOlXLWCiJL

JLöliÄ/j i l U l U

UJJLO JL-/OJ.OK OiU.1 VAUL V/A

UJ-U3

V-* . O t k J . JL«.

to the United Nations. 3 The following are the Committee's findings and
conclusions concerning the alleged existence of forced labour in the U.S.S.R.
Punitive and Corrective Labour.
Legal Basis.
390. According to the allegations, the Soviet penal system constitutes the
legal basis of a system of forced labour designed to oppress and re-educate
those who disagree with the ideology of the régime in power.
391. In this connection, the Committee had before it the official 1950
edition of the Penal Code of the R.S.F.S.R. (text in force on 1 July I960)4, the
1940 edition of the Corrective Labour Code of the R.S.F.S.R. issued on 1 August
1933 6, an Act of 16 August 1938 concerning the judicial system of the Ü.S.S.R.
and of the Union and Autonomous Republics 6, the 1947 edition of the Code
of Criminal Procedure of the R.S.F.S.R. (text in force on 1 November 1946)7,
various special laws and decrees, a number of Soviet legal textbooks published
between 1935 and 1952, and, finally, information from various sources on the
de facto situation.
392. It is evident from these sources that the Soviet penal system makes
provision for three types of penalties accompanied by " corrective labour " 8
—corrective labour without deprivation of liberty 9 , exile with corrective
labour 10 and deprivation of liberty with corrective labour.11 This last penalty
is normally carried out in " colonies " if the deprivation of liberty is of less
than three years' duration and in " camps " if it is imposed for three years
or more. It is carried out in prison only in exceptional cases.12
393. The aim of Soviet penal policy and, more particularly, of that branch
of it known as corrective labour policy is clear both from Soviet legislation
and from Soviet commentaries. According to Article 1 of the Corrective
Labour Code—
The task of the penal policy of the proletariat during the period of transition
from capitalism to communism is to protect the dictatorship of the proletariat and
1

See below, p. 455.
See below, pp. 464 and 519.
3
See below, p. 519.
4
See below, p . 465.
6
See below, p . 466.
6
See below, p. 486.
7
See below, p. 488, footnote 5.
8
This expression has now replaced the term " forced labour " in Soviet legislation.
below, p . 467.
9
See below, p. 467.
10
See below, p. 470.
11
See below, p. 468.
12
See below, p . 469, footnote 5.
2

See

BEPOKT OF THE AD HOC COMMITTEE ON FORCED LABOXJB

the socialist construction it is undertaking against encroachments by class-hostile
elements and infractions not only by déclassé elements but also by unstable
elements among the workers.1
394. Article 1 of the Penal Code lays down that—
The aim of the penal legislation of the R.S.F.S.R. shall be to protect the
socialist State of the workers and peasants and the established legal order therein
2
against acts which constitute a danger to society
According to a Soviet author writing in 1935, all the authorities involved
in the implementation of penal policy (the N.K.V.D., the courts, the public
prosecutors' offices and the corrective labour institutions) " p a r t i c i p a t e . . .
in the class struggle of the proletariat b y suppressing the opposition of class
enemies and of workers disorganising socialist construction". 1 A manual
of criminal procedure written in 1936 b y A. Ya. Vyshinski and V. S. Undrevich
emphasises t h a t " . . . the task of revolutionary legality is so to organise
summary justice and the suppression of class enemies t h a t the courts under
the dictatorship of the proletariat are turned into an unerring weapon against
class enemies, pitilessly suppressing t h e m and mercilessly dispensing justice ". 3
I n another book published in 1941, A. Ya. Vyshinski again writes t h a t " Soviet
socialist law aims at overcoming the opposition of class enemies and their
agents to the cause of socialism, a t ensuring the completion of socialist construction and the gradual transition to communism". 4 A manual of Soviet
criminal law published as late as 1950 stresses that—
The tasks of Soviet socialist legality also determine the part played by Soviet
socialist penal legislation in protecting the workers' and peasants' State against
every kind of criminal violation, both by hostile elements and by a certain section
of the corrupt or unreliable members of Soviet society whose minds still harbour
survivals of the ideas of capitalist society.4
395. This same " class approach " is apparent in the application of the
various corrective labour measures mentioned earlier. As an instance, according
to Article 34 of t h e Corrective Labour Code 5 , the labour colonies situated
in distant areas are intended for " parsons from the milieu of class-hostile
elements . . . ". On the other hand, as is confirmed by Soviet writers 5,
agricultural colonies are reserved for workers only ; class alien elements and
Iculahs in particular are not to be directed there. Exile with corrective labour
is a penalty applied mainly to " class enemies ". According to Articles 65
and 69 of the Corrective Labour Code 5, various duties in places where persons
are deprived of liberty m a y be entrusted to prisoners " from among the
1
2
3
4
5

See
See
See
See
See

below,
below,
below,
below,
below,

p.
p.
p.
p.
p.

472.
479.
487.
520.
475.

KEPOET OF THE COMMITTEE

working people " but not to persons " belonging to the category of elasshosliie elements ". When so contrasted with the idea of " the working
people ", the expressions " class enemies " and " class-hostile elements "
would seem t o be those used to designate the opponents of the régime in
power.
396. I n the Committee's view, such principles may well be taken to imply
t h a t the Soviet penal system could be used to ensure the domination of the
class in power and to oppress those who are opposed to it. Any final judgment,
however, must be based on a closer study of the penal system, in order t o
see why, how and for what purposes persons can be sentenced in application
of this system to penalties accompanied b y corrective labour. This involves
a study of the definition of crime in general and of political offences in particular, of the principles of criminal procedure and the aim of penalties which
involve corrective labour.
Crime in General and Political Offences in

Particular.

397. According to Article 1 of the Penal Code 1 , crimes are " acts
v/hich constitute a danger to society " ; Article 6 1 lays down t h a t " a n y action
or inaction shall be deemed a danger to society if it is directed against the
Soviet régime or violates the legal order established by the workers' and
peasants' authority for the period of transition to a communist régime ".
398. According to Article 7 of the Penal Code 2 , measures of social defence
m a y be applied not only to persons who have committed acts t h a t are a
danger to society, but also to persons " who constitute a danger through
their ties with criminal elements or their previous activities ". This rule,
however, like Article 22 of the " Basic Principles governing the Penal Legislation
of the U.S.S.R. and Union Republics " 2—in which a similar principle was
stated—would seem to be no longer applied ; t h e Supreme Court of t h e
U.S.S.R. does not consider these texts to be still valid and has laid down
the principle t h a t measures of social defence may not be ordered b y the courts
unless the accused has been found guilty of committing a specific crime. 3
Moreover, Article 10 of the Penal Code 4 makes punishment conditional upon
the deliberate or negligent commission of a fault. The most recent writers
on the subject stress the importance of this factor, without which no punishment may be inflicted for an act which constitutes a danger to society. 6
399. While, in this way, Soviet penal law makes punishment conditional
upon the commission of a specific crime and on the existence of a fault—
and thereby restricts the judge's powers— it recognises the principle of analogy
1
2
8
4
5

See
See
See
See
See

below,
below,
below,
below,
below,

p.
p.
p.
p.
p.

479.
482.
483.
484.
522.

BEPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOÜB

whereby an act considered to be a danger to society is punishable even if it
is not explicitly covered b y the Special Section of the Code. Article 16 states
that—
Where the present Code makes no express provision for some act which
constitutes a danger to society, the basis and limits of responsibility for such an
act shall be determined in accordance with those Articles of the Code which cover
crimes whose nature is most similar to such an act. 1
Admittedly, the tendency in doctrine and jurisprudence at the present time
is to restrict the application of this principle by subjecting it to various limiting conditions 2 , so t h a t it is possibly nothing more than a principle in the
interpretation of t h e law. Nevertheless, it a t least sanctions an extensive
interpretation of t h e penal law, for which, in the words of a manual on criminal
procedure published in 1951, " judges must take their socialist sense of justice
as a compass to direct them ". 3
400. This principle of extensive interpretation is more particularly valid for
crimes against t h e State, which Article 46 of the Penal Code 4 regards as
constituting the greatest danger and for which no maximum penalty is specified. Very broad definitions are given for such crimes ; as an instance,
Article 58 5 states t h a t —
Any action shall be deemed to be counter-revolutionary if it is directed towards
the overthrow, undermining or weakening of the authority of the Workers' and
Peasants' Soviets . . . or towards the undermining or weakening of the external
security of the U.S.S.R. and the fundamental economic, political and national
conquests of the proletarian revolution.
The various sections of Article 58 list the different specific types of counterrevolutionary crimes, which include wrecking (Article 58 (7)) and counterrevolutionary propaganda and agitation (Article 58 (10)), for which the definitions given are also very broad. 6 The crime covered in Article 58 (10) is
denned as—
Propaganda or agitation containing an appeal to overthrow, undermine or
weaken the Soviet regime or to commit particular counter-revolutionary crimes
(Articles 58 (2)—58 (9) of the present Code) as well as the dissemination, preparation or possession of literature with such a content.
I n t h e case of counter-revolutionary crimes, the application of limitation
is left to the discretion of the court, which might make it possible to punish
acts a t a n y time, however long ago they were committed. Under Article
59 8 , any action is deemed to be a crime against the system of administration,
1
2

See below, p. 481.
See below, pp. 481-482 and 521-522.
below, p. 521.
below, p. 479.
below, p. 480.
See below, p. 481.

3
See
4
See
6
See
6

EEPOBT OF THE COMMITTEE

and may, in certain cases, be a crime against the State, " if, while n o t specifically directed towards the overthrow of the Soviet régime and the Workers'
and Peasants' Government, it nevertheless results in a disturbance of the
proper operation of the organs of administration or of the national economy
and is accompanied b y opposition to the organs of authority and obstruction
of their work, disobedience to the laws or other acts which tend to weaken
the power and authority of the régime " . According to Article 47 of the
Penal Code 1 , it is considered an aggravating circumstance in all crimes
t h a t the act might have been prejudicial to the interests of the State or
of the working people, even though it was not specifically intended to
prejudice those interests.
401. I f taken in conjunction with the general definition stating t h a t a
crime is constituted b y " any action or i n a c t i o n . . . directed against the Soviet
régime ", such provisions, the scope of which is widened by the principle of
analogy, might make it possible, in the Committee's view, for a court or other
authority so to interpret the law as to impose a penalty of corrective labour
on any person who, in any manner, reveals his opposition to the régime in
power.
402. This impression is confirmed by several records of sentences a n d other
official documents which the Committee has had before it 2 , and particularly
b y the written testimonies it has received. I t is striking that, out of 194 civilians
who have escaped from corrective labour camps and whose testimonies t h e
Committee has been able to examine, 103 affirm t h a t they were sentenced
under Article 58 of the Penal Code, 39 of them under Article 58 (10) (counterrevolutionary propaganda and agitation). 3 Many of these witnesses affirm
t h a t no specific act was held against them.
403. The Committee observes t h a t the amnesty Decree promulgated in the
Soviet Union on 27 March 1953 recognises the need to revise the country's
penal law in such a way as to reduce the liability incurred by an offender,
though only in the case of certain crimes, which include a number of crimes
committed by officials in office, economic and other crimes " of lesser danger ".
The Committee also notes t h a t the amnesty itself is granted to persons " who
have committed crimes not constituting a great danger to the State ", b u t
not to persons with sentences longer than five years for counter-revolutionary
crimes and certain other serious offences.*
Procedure.
404. I n Soviet law, criminal cases are normally dealt with by the
people's courts, which are elected b y universal, direct and equal suffrage.5
1

See
See
' See
4
See
5
See
2

below,
below,
below,
below,
below,

p . 479.
p p . 511-514, paragraphs 182, 184-186, 188, 190, 192, 194-196.
p p . 517-518.
p p . 519 and 520.
p . 487.

BEPORT Ol" THE AD HOC COMMITTEE ON FORCED LABOUB

On the other hand, certain cases involving counter-revolutionary crimes and
crimes of particular danger to the administrative system of the State are
heard directly by the territorial and regional courts, which are elected by
" Soviets of Working People's Deputies ".1 In addition, certain crimes against
the State which are investigated by the M.V.D. authorities are tried by special
tribunals organised within the system of territorial courts.1 Cases involving
treason, espionage, terrorism, diversionary activities and other similar offences
are dealt with, even in peacetime, by the military courts, irrespective of the
status of the person committing the offence.2
40 S. These various courts are not, however, the only ones empowered to
apply corrective labour measures. A " Special Council" which was set up in
1934 within the People's Commissariat for Internal Affairs (N.K.V.D., now
M.V.D.) and which is an adminstrative body, has the power to impose various
administrative penalties, including detention in corrective labour camps for a
period not exceeding five years, on " persons who are recognised as constituting
a danger to society ". 3 According to the testimony which the Committee has
received, the part played in practice by this Special Council is important.
As an instance, of the 194 civilians whose testimonies the Committee has
been able to examine, 102 affirm that they were sentenced by an administrative body and many make explicit references to the N.K.V.D. or M.V.D.4
Only 45 state that they were sentenced by an ordinary court, while four claim
to have been sentenced by a military court. Judging by these testimonies,
it would seem that the Special Council of the M.V.D. can, and in fact does,
take action against persons recognised as constituting a danger to society
even though they have not committed a specific crime.
406. The Committee's study of the procedure adopted by these various
authorities has been limited to the Code of Criminal Procedure of the R.S.P.S.R.
and a number of Soviet publications on the subject. These give various procedural rules which, in accordance with the general principles of the Soviet
Constitution, are designed to ensure that regular and impartial justice is done
both during the preliminary investigation and in the conduct of the trial.
It is evident, however, from various provisions of the Code of Criminal Procedure that these rules do not apply in every instance. For certain cases,
including those involving counter-revolutionary crimes, in which the preliminary investigation is conducted by the Ministry of State Security of the
U.S.S.E., there are special regulations governing investigations and arrests.
The Committee has not been able to obtain these regulations, which do not
appear to have been published.5 According to the book by A. Ya. Vyshinski
and V. S. Undrevich, published in 1936, a summary system of procedure
1
2
3
4
6

See
See
See
See
See

below,
below,
below,
below,
below,

p . 488.
p p . 488 and 523.
p p . 491-492.
p . 517.
p . 489.

KEPOKT OF THE COMMITTEE

is adopted " when, for political reasons, the accent is placed upon the rigorous
anvi swiiu repression cu c±ass enemies in cases involving crimes which bear
the stamp of a class struggle by class-hostile elements and their agents against
the socialist régime and the dictatorship of the proletariat ". 1 M. A. Cheltsov
observes in a book published in 1951 that, to ensure the swift and pitiless
repression of traitors, spies, terrorists and diversionists, the military courts
often have to adopt an accelerated and reduced system of procedure, though
this does not exempt them from observing the basic procedural principles,
" within the limitations imposed by the background to the court and the
circumstances of the case ". 2 As regards the procedure followed b y t h e Special
Council of the M.V.D., the Committee has not been able to obtain any authoritative information either from Soviet legislation or from Soviet legal commentaries. 3
407. With more particular reference to the rights of the defence, the Act
of 1938 concerning the judicial system of the U.S.S.R. and of the Union and
Autonomous Republics lays down in Article 8 t h a t " I n accordance with Article
111 of the Constitution of the U.S.S.R
the accused is guaranteed the right
to defence ". The Code of Criminal Procedure, however, imposes various
restrictions on this right, particularly in certain cases involving terrorism,
counter-revolutionary wrecking and diversion, where the restrictions go so
far as to exclude the parties from the hearings and deprive defendants of
the right to lodge appeals. 4 I n his book published in 1951, M. A. Cheltsov
remarks in this connection t h a t " in Soviet criminal procedure, an accused
is never left without defence, even if, a t certain stages of the trial, he cannot
avail himself of the services of the special person empowered to perform the
functions of the defence, i.e., the defending counsel ". He explains t h a t " A
Soviet defending counsel is not a representative of the accused, who does as
the accused desires ; he is a member of the social organisation, whose function
is to defend the legitimate interests of the accused " . Elswhere, he quotes
from a book written b y A. Ya. Vyshinski in 1934, where it is stated that—•
The first requirement of a defending counsel is a high sense of political responsibility, superior political qualifications . . . an ability to defend his point of view
and fearlessly give battle for his beliefs, not in the interests of his client but in the
interests of socialist construction and the interests of our State. 5
408. I n the Committee's view, such a conception of the rights of the defence
and the restrictions to which they are subjected in the case of political offences
considerably increase the risk that the penal system and the penalty of corrective labour will be used for the oppression of those who are opposed to the
1
2
3
4
0

See
See
See
See
See

below,
below,
below,
below,
below,

p . 490.
p . 524.
p . 493.
pp. 490-401.
p . 525.

EEPOBT OB' THE AD HOC COMMITTEE ON EOECED LABOUR

régime. Here again, the testimonies which the Committee has been able to
examine confirm t h e impression created b y Soviet legislation and legal commentaries.
The Aim

of Penalties

which Involve

Corrective

Labour.

409. According t o Article 9 of the Penal Code 2, one of the aims of
applying measures of social defence is " t o adapt persons having committed
criminal acts to t h e conditions of communal existence in the working people's
State " . I n Article 2, the Corrective Labour Code lays down that the aim
of corrective labour policy is—
(a) to place convicted persons in conditions where they are deprived of the
possibility of committing acts harmful to socialist construction, and
(b) to re-educate and adapt them to the conditions of a communal life of
labour by directing their work to ends of general utility and by organising it on the
principle of the gradual approximation of forced labour to voluntary labour on
the basis of socialist competition and shock-work.2
Article 3 of the Act of 16 August 1938 concerning the judicial system of the
U.S.S.R. a n d of t h e Union and Autonomous Republics also states t h a t " Soviet
courts, in inflicting penalties for crimes, shall not only punish the offenders
b u t shall also aim at their re-education and reform ". 3
410. During t h e debates in the Economic and Social Council, the representatives of the U.S.S.R., the Byelorussian S.S.R. and Poland discussed this subject a t some length 4, pointing out t h a t in every country prisoners were compelled to work and t h a t t h e Soviet system of corrective labour was particularly
progressive and humane, in t h a t it made offenders work, not to punish and
humiliate them b u t t o reform them and assist them later to become useful
members of society.
411. I t is true that, according to the modern principles of penology now
applied in many countries, the main purpose of a penalty is to re-educate
the convict and so reform him and rid him of his criminal leanings, and that
the work required of prisoners often plays an important part in this re-educative
work. In the Committee's view, however, where the prisoners are political
offenders convicted of having in some way shown their opposition to the
régime in power, such re-education can only be political in character, designed
to alter their opinions and so deter them from any future manifestation of
their opposition. The Committee more particularly notes t h a t a political
character is openly attribued b y Soviet law and Soviet legal commentaries
to t h e re-education of prisoners of every type. So much is clear from the
1

See below,
See below,
See below,
4
See below,

2
8

p. 473.
p. 472.
p. 486.
pp. 458-460.

REPOBT OF THE COMMITTEE

Corrective Labour Code (Articles 4, 5, 7, 33 and 105) which speaks of " politically educative influences ", to be exercised on persons sentenced to corrective
labour in any of its forms. 1 Furthermore, many Soviet a u t h o r s 2 comment
t h a t these influences are exercised with the object of eradicating the habits
and ideas which prisoners have inherited from the past, of refashioning the
minds of men, of overcoming the survivals of capitalism and " of re-educating the déclassé elements among the shattered hostile classes b y passing them through the furnace of ' dekulakisation ', isolation and labour influences ".
412. The object, therefore, is not merely to re-educate offenders and so rid
them of their criminal leanings ; it is at least as much, and probably even
more, to correct their political opinions and so eliminate all opposition to
the régime. In this way also, in the Committee's view, the Soviet penal
system with its methods of corrective labour would appear to constitute a
system of forced or corrective labour employed as a means of political coercion
or punishment for holding or expressing political views.

Economic Importance of the System.
413. I t is evident from several Soviet sources 3 that, since about 1930, the
work of both political and other prisoners has been used in the Soviet Union
for large-scale public works {e.g., canals, railways and roads), for the development of. vast areas with abundant and hitherto unexploited resources of
raw materials, and for the economic development of previously uncultivated
regions. Several Soviet authors have also stressed the great importance for
the national economy of the work done b y the corrective labour camps and
colonies. This information from Soviet sources actually relates to conditions
existing before the Second World War, but nothing either in the statements
made in the Economic and Social Council by the representatives of the
U.S.S.R., the Byelorussian S.S.R. and Poland on the work of prisoners 4
or in other information which the Committee has been able to obtain would
seem to indicate that the situation is different today. I t is also clear from the
most recent testimonies examined by the Committee that during the war
and even after, persons sentenced to corrective labour were still used on
large-scale projects or in big industrial or farming undertakings. 5
414. I n the Committee's view it would therefore seem to be established t h a t
the work of prisoners, particularly in corrective labour camps and colonies, is
used in the Soviet Union for essential tasks in the interests of the national
economy, and t h a t the p a r t it plays is of considerable significance.
1

See
See
3
See
4
See
5
See

below,
below,
below,
below,
below,

p p . 476-477.
p p . 475-476.
p p . 477-478, 504-505 (paragraphs 169 and 170) and 507 (paragraph 174).
pp. 458-460.
p . 518.

REPORT OF THE AD HOC COMMUTES OS ÏOBCED LABOT7B

415. On the other hand, the Committee does not feel itself in a position to
estimate its magnitude or to assess its relation to the entire economic activity
of the country. All the material the Committee has been able to examine
gives the impression that corrective labour plays a relatively large part in
the national economy, but to reach any definite conclusions it would need
economic statistics which it has not been able to obtain. It would at least
have to know with some degree of certainty the number of persons sentenced
to corrective labour, and it has been unable to make any estimates in this
connection. Nor has the Committee felt itself in a position to draw any
definite conclusions from the " State Plan for the Development of the National
Economy of the U.S.S.R. in 1941 " 1 , which was brought to the Committee's
notice in connection with this problem. It might be possible from this document to obtain a fairly clear idea of the relative importance of the economic
tasks assigned to the N.K.V.D., which is responsible for the administration
of all camps, colonies and other corrective labour institutions in the Soviet
Union.2 However, owing to the outbreak of the war, it is not certain whether,
or to what extent, the plan was implemented ; nor is it established that the
tasks assigned to the N.K.V.D. were to be carried out solely by the corrective
labour institutions.
Number and Location of Corrective Labour Camps and Colonies, Number
of Prisoners and Living Conditions.
416. The Committee has received lists from various unofficial sources
which attempt to establish the number and geographical distribution of the
corrective labour camps and colonies in the Soviet Union. A certain amount
of information is also provided by a number of documents submitted to
the Committee as official3 and by the written testimonies the Committee has
received.4 Considering, however, that this information is extremely fragmentary, that it refers to different periods and that there have apparently
been frequent changes both in the location and even in the number of these
camps, the Committee has refrained from any attempt to give a precise
picture of the situation. The most it can do is to observe that the corrective
labour camps and colonies appear to be scattered over the whole of the Soviet
Union but that they seem to be mainly located in areas far away from the
principal centres of population.
417. In the absence of official statistics and of adequate and genuinely
conclusive unofficial information, the Committee is even less in a position
to assess, however roughly, the number of persons sentenced to corrective
labour in camps, in colonies or in exile.
1

See below, p . 505.
See below, p . 494.
3
See below, p p . 505-506 (paragraph 173), 509-511 (paragraphs 176-180 and 183) and
512-513 (paragraphs 187, 188 and 190).
4
See below, p . 518.
2

EBPOET OF THE COMMITTEE

418. I n its consideration of the living conditions in the corrective labour
camps aiiu colonies thé Committee hau before iL law» and regulations governing
the administration of these institutions 1 , statements made in the Economic
and Social Council b y the representatives of the U.S.S.R., the Byelorussian
S.S.R. and Poland 2 , and the testimonies of persons claiming to have lived
in camps or colonies.
419. As regards the laws and regulations on this subject, the Committee's
attention was devoted mainly to the Corrective Labour Code, which governs
the administration of the colonies intended for persons sentenced t o less than
three years' detention b y a court of law, and the Statute governing corrective
labour camps dated 7 April 1930, which regulates the administration of the
camps intended for persons sentenced by a court to detention for three years
or more and for persons detained b y order of the N.K.V.D. (M.V.D.) Special
Council. 3
420. The first of these two texts—to which the representatives of the
U.S.S.R., the Byelorussian S.S.R. and Poland made explicit references during
the debates in the Economic and Social Council to show t h a t the penitentiary
system in the Soviet Union was among the most humanitarian—lays down in
Article 7 t h a t detention is not to be accompanied " either by the infliction of
physical suffering or by the abasement of human dignity ". I t lays down detailed
and generally satisfactory regulations for the accommodation, labour and
clothing of the prisoners, who are remunerated for their work. I t stipulates
t h a t the rations fixed must have an adequate calorie content and be sufficiently nutritious and states that persons exceeding their production norm
are to be granted increased rations. I t also makes provision for the organisation of a medical service. 4
421. The Statute of 1930 governing corrective labour camps, though containing similar rules on many points, would appear in certain respects to be
less favourable. I t s provisions are less definite, the remuneration of prisoners
is left to the Unified State Political Department (O.G.P.U.) in consultation
with the People's Commissariat for Labour of the U.S.S.R., and the prisoners
themselves are divided into various categories, the least privileged of which
includes persons " who are not members of the working people ", irrespective
of the offence they have committed, and persons convicted of counter-revolutionary crimes, irrespective of the class from which they come. The rations
issued correspond to the nature of the work performed and fall into four
categories—basic, working, augmented and punitive. 5
1

See below, p p . 494-498 and 505-506.
See below, p p . 458-460.
See below, p p . 468-470. Confirmation t h a t both the 1930 Statute and the Corrective Labour
Code are still in force is provided by a book which became available to the Committee just
before the close of its deliberations. The book in question was edited b y Professor V. M. CHKHIKVADZE under the title Soveiskoe Ugolovnoe Pravo [Soviet Crirninal Law] (Moscow, State Publishing House for Literature on Law, 1952), and the relevant information is to be found on pp. 102,
339 and 349 et seq.
4
For a more detailed summary, see below, p p . 494-49G.
0
See also below, pp. 505-506.
2
s

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

422. The very large majority of the former prisoners whose testimonies the
Committee has been able to examine 1 have given a very different picture
of the living conditions in the camps from that offered by these regulations.
Most of them have described the conditions as being inhumane, particularly
as regards the accommodation and the food ; they allege that the rationing
system is made quite unbearable by its subjection to production norms which
no normal man can possibly fulfil.
423. Despite all the often moving and apparently sincere evidence
provided in these testimonies, the Committee refrains from drawing any general
conclusions, since the rule it has consistently followed is to base its
conclusions mainly on laws and regulations.
Mass Deportations.
424. The allegations mention deportations inside the Soviet Union itself
from one part of the country to another and also the deportation of persons
arrested in neighbouring countries and taken to the Soviet Union either in
connection with the occupation of these countries or with the complicity
of their governments, most of the persons involved being subsequently subjected to forced labour.
425. Evidence of deportations inside the Soviet Union itself has been
submitted to the Committee only in connection with the population of the
former Crimean and Chechen-Ingush Autonomous Republics. The Decree of 26
June 1946 which abolished these Republics2 expressly states that " the Chechens
and Crimean Tartars have been moved to other areas of the U.S.S.R., where
they have been allotted land and given the requisite assistance from the State
for their economic settlement ". There is nothing in this Decree to indicate,
however, that they have been detained in corrective labour camps or in any
other way subjected to forced labour. In the absence of any information
showing that the real object of the deportation was to oblige the deportees
to take up work in an area where no voluntary labour was available, the
Committee cannot regard it as an instance of forced labour within the
meaning of its terms of reference.
426. The most definite allegations which have been submitted to the
Committee in connection with deportations from various countries to the
Soviet Union are concerned with the deportation of persons from the Baltic
States in 1941 during the occupation of these countries, in 1945-1946 when they
were annexed by the Soviet Union, and even later. These deportations
had allegedly the double purpose of ehminating those opposed to the new
regime and of providing fresh supplies of labour for the Soviet Union.
427. In this connection, the Committee has received photostat copies of
secret orders and instructions issued between April and June 1941 by officials
1
2

See below, p . 518.
See below, p . 505.

REPORT OF THE COMMITTEE

of the People's Commissariats of State Security of the TJ.S.S.R. and the
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J u n e 1941 the Soviet authorities organised an " operation to deport antiSoviet elements from Lithuania, Latvia and Estonia " and t h a t this operation
affected whole groups of persons regarded as constituting a danger t o society
by reason, inter alia, of their membership of certain associations, social classes
or professions. One of these documents states t h a t " persons with an antiSoviet attitude . . . are to be prepared for deportation to distant places in
the U.S.S.R. ". None of these documents speaks of the activities of the
deportees after their deportation, but various testimonies submitted to the
Committee seem to indicate that, in all probability, they were detained in
corrective labour camps or obliged to enter specified employment. More
t h a n ten years have passed, however, since these wartime deportations, and
the Committee refrains from expressing a n y opinion on the case, since it is
only called upon to study present situations and also since it has not received
any information on the present position of these deportees.
428. As regards allegedly more recent deportations to t h e Soviet Union
involving the nationals of the Baltic States or those of other countries such
as Hungary, Romania and Eastern Germany, the Committee has before i t no
legal texts or official documents from which it can conclude t h a t such deportations have in fact occurred or t h a t they still continue.

Restrictions on the Freedom of Employment and Other Measures
the Mobilisation or Direction of Labour.

Involving

429. The Committee has given careful consideration to the various legal
texts which the allegations quote to prove that, in the Soviet Union, apart
from forced labour of a punitive or corrective nature, many restrictions on the
freedom of employment and other similar measures render the status of free
workers hardly different from t h a t of persons sentenced to forced labour.
430. The first of these measures is the " compulsory labour service " 2
which the Council of People's Commissars can impose in exceptional cases on
all citizens of certam age groups, with a number of exceptions, in application
of Articles 11-14 of the Labour Code of t h e R.S.F.S.R. The Committee has
no information as to the use the Government may have made of t h e power
thus given i t at the present time. I t notes, however, t h a t t h e exceptional
cases mentioned in the Code range from " fighting the elements " to " a
shortage of labour for carrying out important State work " ; this very wide
provision might allow recourse to compulsory labour even in normal times
and on a large scale in the interests of the national economy.
1
These documents are summarised below, on p p . 507-509. See also p . 516, paragraph 201,
subparagraphs 4, 5 and 6.
2
See below, p . 498.

BEPOBT OK THE AD HOO COMMITTEE ON FOBCED LABOUB

431. The Committee next examined the 1940 legislation—which would
appear to be still in force—on State labour reserves for industry. 1 The Decree
of 2 October 1940, amended in 1946 and 1947, states that the further expansion
of industry " demands a constant stream of fresh manpower to the pits, mines,
transport services and factories", and consequently organises various vocational training schools and empowers the Council of People's Commissars
to call up between 800,000 and 1,000,000 young persons in towns and on
collective farms each year for training in these schools. At the end of their
apprenticeship, these young people are considered mobilised and are required
to work for four consecutive years in remunerated employment as directed
by the Central Department of Labour Reserves. They have the same rights
and duties as ordinary workers. At the end of the four-year period 2, they
may leave the employment which has been assigned to them only if they
have received permission to do so from their administration, in accordance
with a Decree of 26 June 1940 which will be examined later.
432. It is clear from the text summarised above that persons may, if
necessary, be compelled to enter these vocational schools, in which case neither
the period of training nor the compulsory period of practical work which follows
it can be regarded as free labour. Several recent Soviet publications 3 indicate
that considerable use is made of this legislation and that it plays an important
part in the national economy. Some of these publications mention that, apart
from the persons conscripted for the labour reserve schools, there are many
volunteers, and that the increase in their numbers has been such that in 1951
all the young persons recruited for certain branches had applied for training
of their own free will. The Committee nevertheless feels that this system
involves at least an indirect compulsion to do work of a specific type, since
constraint is legally applied when the number of volunteers does not suffice
and also since the possibility of their being compulsorily enrolled restricts
the freedom of the young recruits in making their decision.
433. The Committee also notes that, under Article 37 of the Labour Code
of the R.S.F.S.R.4, workers may be compulsorily transferred from one undertaking to another for a period not exceeding one month " if industrial conditions render it necessary ". Persons refusing to do so may be prosecuted
for a breach of labour discipline. The Committee further notes that a Decree
of 19 October 1940 5 empowers various authorities to order the transfer of
certain categories of skilled workers from one undertaking to another for
unlimited periods in order to provide new industrial undertakings and transport services with skilled staff. Any person refusing to comply with such an
order is regarded as having left his work without permission and is liable
to prosecution under the Decree examined in the paragraph which follows.
1

See
Sea
3
Seo
4
See
6
See

below,
below,
below,
below,
below,

p . 499.
p p . 526-527.
p p . 500 a n d 526-527.
p . 502.
p. 501.

BEPOBT OF THE COMMITTEE

434. The Committee has devoted particular attention to a Decree of 26
June I940 1 prohibiting wage-earning and salaried employees recruited for work
with State, co-operative or public undertakings or institutions under contracts
of employment concluded for indefinite periods from leaving their employment
or accepting any other without the prior permission of the manager of the
undertaking or the head of the institution. Any person doing so is liable to
imprisonment for from two to four months. In the Committee's view, such
a restriction on the freedom of employment creates conditions closely resembling compulsory labour, since certain workers can be obliged to remain for
what may prove to be an unlimited period in a job which they no longer want.
435. The scope of these provisions is extended even further by the fact
that they apply not only to employment which has been freely undertaken but
also to employment which has been assigned. According to certain Soviet
authors 2 , they apply to young persons who are serving their compulsory
period of practical work after finishing their apprenticeship, and also to workers who have been obliged to change their jobs by a transfer order issued
under the Decree of 19 October 1940 mentioned earlier.
436. When, during the debates in the Economic and Social Council, the
representatives of the U.S.S.R., the Byelorussian S.S.R. and Poland replied to
the allegations made in connection with these restrictions on the freedom
of employment 3 , they stressed the point that the right to work was guaranteed both by the Soviet Constitution and by Soviet law and that, in consequence, there had been a considerable improvement in the material and social
circumstances of the population. A recent Soviet manual on labour law * adopts
the same approach, stating that " together with the right to work, one of
the basic and determinant factors in the institution and development of
employment relationships is the fulfilment by citizens of another most important constitutional principle of the Soviet State—the duty to work ". The
various restrictions placed on the freedom of employment under Soviet legislation, like the various forms of compulsion to work to which they lead, thus
constitute, in the opinion of the writer of the manual, the corollary to the right to
work guaranteed by the Soviet Constitution. In the Committe's view, however,
the fact remains that the various measures which have been discussed above
mean that whole groups of persons are obliged by order of the public authorities to take up, or remain in, a given job, against their will if necessary,
and may be penalised for not doing so. Such measures, applied on a large
scale and in the interests of the national economy, lead, in the Committee's
view, to a system of forced or compulsory labour constituting an important
element in the economy of the country.

1
2
3
4

See
See
See
See

below,
below,
below,
below,

p . 502.
p p . 503 and 528.
p p . 463-464.
p . 525.

BEPOBT OF THE AD HOC COMMITTEE ON FOECED LABOUB

Conclusions
437. Given the general aims of Soviet penal legislation, its definitions of
crime in general and of political offences in particular, the restrictions it
imposes on the rights of the defence in cases involving political offences,
the extensive powers of punishment it accords to purely administrative
authorities in respect of persons considered to constitute a danger to society,
and the purpose of political re-education it assigns to penalties of corrective
labour served in camps, in colonies, in exile and even at the normal place
of work, this legislation constitutes the basis of a system of forced labour
employed as a means of political coercion or punishment for holding or expressing political views and it is evident from the many testimonies examined
by the Committee that this legislation is in fact employed in such a way.
438. Persons sentenced to deprivation of liberty by a court of law or
by an administrative authority, particularly political offenders, are for the
most part employed in corrective labour camps or colonies on large-scale
projects, on the development of mining areas or previously uncultivated
regions, or on other activities of benefit to the community, and the system
therefore seems to play a part of some significance in the national economy.
439. The Committee has not been able to arrive at any definite conclusions as to the number or location of the corrective labour camps and
colonies; much less has it been able to assess how many persons are detained
in them.
440. The Committee refrained from drawing any conclusions in connection with the mass deportations referred to in the allegations, in some cases
because they were stated to have taken place in a relatively distant past, in
others because it was not established that they were accompanied by forced
labour, and in others again because the Committee did not have sufficient
information to come to the conclusion that they actually occurred.
441. Soviet legislation makes provision for various measures which involve
a compulsion to work or place restrictions on the freedom of employment ;
these measures seem to be applied on a large scale in the interests of the
national economy and, considered as a whole, they lead, in the Committee's
view, to a system of forced or compulsory labour constituting an important
element in the economy of the country.

UNITED KINGDOM AND TERBITOBIES ADMINISTEBED
BY THE UNITED KINGDOM

442. Allegations regarding the existence of forced labour in the United
Kingdom or territories under its administration were made by the representatives of the U.S.S.R., the Byelorussian S.S.R., Poland and the World

BEPORT Ol" THE COMMITTEE

Federation of Trade Unions during the debates on forced labour in the
Economie and Social Council, and were also submitted to the Committee by
a non-governmental organisation.
443. At its Fourth Session the Committee had before it the allegations 13
the replies to the allegations 2 , the documentary material concerning
them 3 , the comments and observations of the Government* and its reply
to the Committee's questionnaire.6 The following are the Committee's
findings and conclusions concerning the alleged existence of forced labour
in the United Kingdom and the territories under its administration. Those
for the United Kingdom are given first.
United Kingdom
444. Allegations regarding the existence of forced labour in the United
Kingdom refer (a) to the labour of prisoners ; and (b) to emergency
measures compelling workers to change their place of work and to accept
work in any part of the country.6
The Labour of Prisoners.
445. The Committee observed that several allegations referred only to
prison conditions as such7 and for that reason they were not relevant to its
terms of reference.
446. Other allegations referring to hard labour and compulsory labour were
based on laws of 1822 and 1913. In this connection the Committee noted
that the Criminal Justice Act of 30 July 1948 abolished penal servitude,
hard labour and the sentence of whipping. It thereby repealed the Law
of 1822 and the provisions of the Law of 1913 relating to penal servitude.
The Committee therefore concluded, without needing to examine the question
of their relevancy, that these allegations were not substantiated. It also
noted the comments and observations of the United Kingdom Government
regarding the application of these laws prior to the Act of 1948.8
447. The Committee considered that the various allegations relating to
corporal punishment in prisons 9 were irrelevant to its terms of reference;
448. The remaining allegations mentioned under this heading referred to
prison labour in general. It was asserted that this labour was regarded as
" a means of constraint ", rather than as a means of re-educating a prisoner
1

See below, p p . 529-562, passim.
See below, p p . 530-554, passim.
See below, p p . 533-565, passim, and p p . 584-585.
4
See below, p p . 565-584.
"United Nations document E / A C . 3 6 / l l / A d d . l O and see below, p p . 530-533.
6
See below, p p . 529-530.
7
For the comments and observations of the United Kingdom Government on these
m a t t e r s , see below, p p . 566-568.
8
See below, p . 567.
9
For the information on this m a t t e r submitted by the United Kingdom Government,
see below, p p . 567-568.
2
3

100

BEPOBT OF THE AD HOC COMMITTEE ON ÎOBOED LABOUB

for a useful life on his release. The only evidence cited in support of this
assertion was the Law of 1913 but, as has been seen above, the provisions
of this Law relating to penal servitude were repealed in 1948. With regard
to the position before 1948, the Committee noted the Government's
comments and observations 1 , which stated that hard labour as a form of
work had, in fact, been a dead letter since 1898, when the Government passed
the Prison Act on the basis of the recommendation of a Committee (set up
in 1895) that prisoners should be employed in useful and industrious work
" such as will fit the prisoner to earn his livelihood on release ". The Committee also examined the Statutory Rules for England and Wales of 1949,
from which it appears that prison labour is not regarded as punitive but as
a means of social rehabilitation since, in accordance with accepted principles
of modern penology, " the purpose of training and treatment of convicted
prisoners shall be to establish in them the will to lead a good and useful life
on discharge and to fit them to do so " (Rule 6). There is, moreover, no
evidence to suggest that prison labour in the United Kingdom is regarded
or used as a means of political punishment or political re-education. The
Committee concludes that the above-mentioned allegations relating to prison
labour in the United Kingdom are not substantiated, and that neither the
purpose of this labour (as set forth in the Statutory Rules) nor its nature
and extent 2 are relevant to the Committee's terms of reference.
Emergency Measures compelling Workers to change their Place of Work and
to Accept Work in any Part of the Country.
449. The representative of Poland alleged that ' ' the laws of Czechoslovakia
and Bulgaria cited by the United Kingdom representative in accusing those
countries of using forced labour were very similar to the United Kingdom
National Service Acts ". The National Service Acts deal with compulsory
military service, and the Committee has found no similarity between the
laws in question. Nevertheless the Committee has examined the National
Service Acts, 1948-50, and has found that, as stated by the United Kingdom
Government 3 , the only category of persons who may be required under
these Acts to perform civilian work are conscientious objectors, whose work
is only required in substitution for compulsory military service. The Committee has also noted that the number of persons concerned is extremely
small. It has concluded that the allegation is not relevant to its terms of
reference.
450. With regard to the allegation that under an Act dated 6 October 1947
workers can be compelled to change their place of work, the Committee noted
that the Control of Engagement Order, 1947, to which the statement appa1
2

See below, p. 567.
See the Report of the Commissioner of Prisons for the Year 1949 (referred to on p. 533
below).
3
See below, p. 565.

BEPOBT 0 Ï THE COMMITTEE

101

rently refers, was revoked on 13 March 1950. a The Committee nevertheless
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— . / . . _ - *,¿*¿J»J k,¿jn_í.i. u v / •'••",? U l U U V L/V/ Vr Vyj. Ö V/JL. \JJUL IsV/Ul^jLL W ^JLt/ Ü A W VALQ^U. JJJ. €Äi\s**>yJJ* \A.tA>lA\S\->

with rules issued for the guidance of National Service Officers, that these
rules provided that workers were to be given a wide choice of available jobs
in essential work, that powers of direction were to be exercised only as a
last resort, and that appeal against such directions was permitted. 1 It also
noted that only fifteen directions were issued in 1947, fourteen in 1948, and
none in 1949 or 1950.1 The Committee concluded that this allegation was
not relevant to its terms of reference.
Territories Administered by the United Kingdom
451. Allegations regarding the existence of forced labour in territories
administered by the United Kingdom refer to the following 12 territories :
Bechuanaland, Cameroons, Gambia, Gold Coast, Kenya, Malaya, Nigeria,
Northern Rhodesia, Sierra Leone, Southern Rhodesia, Tanganyika and Uganda.
452. For each of these territories the Committee prepared a separate
summary of allegations and related documentary material 2 for transmission
to the United Kingdom Government, which has submitted comments and
observations for each of these 12 territories.3
453. The Committee noted, however, that in some cases the same allegation is applied to several territories and that the same source (chiefly I.L.O.
publications) is cited in support of these allegations. In other cases similar
institutions or practices are alleged to exist in more than one territory. For
these reasons the Committee has examined the allegations according to the
institutions or practices to which they refer, rather than according to territories.
454. These allegations refer in substance to the following points :
(a) mass recruitment for African mines (Bechuanaland) ;
(b) the groundnut scheme (Tanganyika) ;
(c) forced labour for failure to pay taxes (Cameroons, Tanganyika and
Uganda) ;
(d) compulsory porterage (Cameroons and Nigeria) ;
(e) compulsory labour in wartime (Kenya and Tanganyika) ;
(f) conscription of labour in peacetime for industries of national
importance (Kenya) ;
(g) political prisoners carrying out forced labour (Malaya) ;
(h) compulsory labour for public works and services (Tanganyika) ;
1
See below, p . 566.
- See below, p p . 533-565.
» See below, p p . 568-584.

BBPOET OF THE AD HOC COMMITTEE ON ÏOBCED LABOUB

102

(i) requisitioning of labour by indigenous authorities for communal
works (Nigeria) ;
(j) compulsory employment in local land conservation work (Southern
Rhodesia) ;
(h) forced convict labour (Nigeria) ;
(I) conscription of voluntarily unemployed persons (Kenya) ;
(m) general allegations regarding forced labour (Gambia, Gold Coast,
Nigeria, Northern Rhodesia and Sierra Leone).
455. The following are the Committee's findings and conclusions on the
allegations regarding the above-mentioned points.
Mass Recruitment for African Mines

(Bechuanaland).

456. It was alleged that mass recruitment organised in British Central
Africa in order to supply labour for African mines was a " barely disguised
form of forced labour ", and that virtually the sole purpose of Bechuanaland
seemed to be to supply an annual contingent of 9,000 to 10,000 workers
for the South African mines. This allegation was supported by a reference
to the United Kingdom Government's report to the United Nations on
Bechuanaland ; this states that " between 9,000 and 10,000 leave the Territory
each year for employment in the mines in the Union of South Africa ". 1
457. Although international labour Convention No. 50 concerning the
regulation of certain special systems of recruiting workers has not been
applied to Bechuanaland, the recruitment of indigenous workers and the
conclusion of contracts of employment are regulated by the Bechuanaland
Protectorate Native Labour Proclamation, 1941 2, the provisions of which
are very similar to those of the Convention.
458. The Committee has examined this legislation, together with the report
of the United Kingdom Government to the I.L.O. concerning its application 2 ;
it has no evidence that the recruitment involves compulsion and has therefore
found that the allegation is not substantiated.
The Groundnut Scheme

(Tanganyika).

459. It was alleged that the groundnut scheme applied in Tanganyika
by the British authorities was based entirely on the use of forced labour.
460. In connection with this allegation the Committee has examined A Plan
for the Mechanised Production of Groundnuts in East and Central Africa (submitted to Parliament in February 1947), the report of the Visiting Mission
sent to Tanganyika by the Trusteeship Council in 1948, the United Kingdom
1
2

See below, pp. 533 and 534.
See below, p. 534.

103

REPORT 0 Ï THE COMMITTEE

Government's reply to that report, I.L.O. reports on the application of the
"Rfimmitinc of Indi crevons Workers Convention fNo. 50} 1 . and the comments
O

and observations of the United Kingdom Government on this allegation.2
461. As a result of its study of this material the Committee has found that
the only matter requiring examination is the recruitment of persons to work
on the groundnut scheme. In this connection the United Kingdom Government states 2 that a large proportion of the workers employed by the Overseas
Food Corporation (for the scheme) have offered their services voluntarily
at the places of employment and that the remainder have been recruited
on licences issued under the provisions of local legislation, which complies
with the requirements of the Recruiting of Indigenous Workers Convention
(No. 50). With regard to the workers recruited on licence, the Government
states that they " in all cases offer their services voluntarily ". The Committee
has found no evidence in the documentation before it to suggest that this
is not the case.
462. The Committee has also noted the statistics submitted by the
Government of the United Kingdom 2, which indicate that the maximum number of persons employed on the groundnut scheme in 1949 was 22,800, of
whom 5,310 were recruited, and that 8,199 persons were so employed in
1952, of whom 1,539 were recruited.
463. From its examination of the evidence briefly reviewed above, the Committee has found (a) that the allegation that the groundnut scheme is based
entirely on the use of forced labour is unfounded, and (b) that it has no
evidence that the employees specially recruited for the scheme are employed
against their will.
Forced Labour for Failure to Pay Taxes (Cameroons, Tanganyika
and Uganda).
464. It was alleged that forced or compulsory labour for failure to pay
taxes could be exacted from the indigenous populations of the Cameroons,
Tanganyika and Uganda.3
465. In connection with these allegations the Committee has examined the
relevant legislation and/or official reports pertaining to each of these territories 4, as well as the comments and observations of the United Kingdom
GovernmentB relating to Tanganyika and Uganda. It appears from these
sources that the institution still exists in the Cameroons and Uganda, but
that the legal sanction for the discharge of tax obligations by labour was
1

See below, pp. 558-580.
See below, p . 581.
3
For the text of these allegations (which vary in their terminology), see below, p p . 535,
556-557 and 562.
4
See below, p p . 535-536, 561-562 and, 562-564.
5
See below, p . 583.
2

104

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

abolished in Tanganyika in 1951. The Committee observed that, under
Article 10 of international labour Convention No. 29, " forced or compulsory
labour... exacted as a tax . . . shall be progressively abolished " ; it is countenanced by the Convention only as a transitional measure, subject to restrictive regulations.1
466. It remains to be seen whether this institution constitutes a system of
forced labour within the meaning of the Committee's terms of reference.
Erom the official statistics available to the Committee it appears that in
the year 1949 there were 308 prosecutions for failure to pay taxes in the
Cameroons.2 In Tanganyilía, in 1951, 1,127 persons (or 0.0007 per cent, of
the total number of taxpayers) discharged their tax obligations by labour.3
No recent statistics are available for Uganda, where the institution of luwalo
still exists in the form of a Native administration tax, and the Committee
noted the statement of the Government 4 that " i t is now most rare for any
taxpayer to meet his liability by direct labour rather than by cash payment ".
46 7. On the basis of these official statistics and of this statement concerning
Uganda the Committee found that the labour of tax defaulters is (in the
case of Tanganyika—was) insignificant to the economy of the Cameroons,
Tanganyika and Uganda and that the extent of the compulsory labour exacted
in this form does not constitute a system of forced labour within the meaning
of its terms of reference.
Compulsory Porterage (Cameroons and Nigeria).
468. It was alleged that the conscription or requisitioning of Natives for
work as porters or bearers exists in the Cameroons and Nigeria and that it
constitutes forced labour.5
469. Since the laws of Nigeria are also applied to the British Cameroons 6,
the Committee examined the Nigerian Labour Code of 1945 7, under which
the Governor may authorise " the exaction of forced labour in order to provide carriers for purposes of transport ". It also examined the relevant
regulations appearing as a Schedule to this Code, which are based on Article
18 of international labour Convention No. 29, which permits, as a transitional
measure subject to restrictive regulations, " forced or compulsory labour
for the transport of persons or goods, such as the labour of porters or boatmen ", and stipulates that such labour " shall be abolished within the shortest
possible period ".
1

See below, p. 143.
See below, p. 536.
The legal sanction for the discharge of this obligation by labour was abolished on
25 June 1951. See below, p. 562.
4
See below, p. 683.
5
For the text of these allegations, see below, pp. 535 and 545.
6
See the statement by the United Kingdom Government, p. 569.
7
See below, p. 548.
2
3

BEPOBT OF THE

COMMITTEE

105

470. The Committee also examined the report of the Nigerian Government
to the I.L.O. on the application of Convention "NTo. 29 for the period 1 July
1948 to 30 June 19491, as well as the comments and observations of the
United Kingdom Government 2 , from which it appears that the legislation
relating to compulsory porterage has not been applied in Nigeria and that
the position is the same in the British Cameroons. The provisions relating
to forced labour for porterage are still in effect, but can only be applied by
an Order issued by the Governor in Council. The Government states that
no such Order has been issued. Compulsory porterage is permitted only
" for the purposes of facilitating the movement of Government officers when
on, or proceeding to or from, duty, or for the transport of Government stores,
and, in cases of very urgent necessity, the transport of persons other than
Government officers ". Even if an Order were issued it is evident that such
compulsory labour could have no appreciable economic importance for the
territory concerned and would therefore not constitute a system of forced
labour within the meaning of the Committee's terms of reference.

Compulsory Labour in Wartime (Kenya and

Tanganyika).

471. It was alleged that, according to a report published in 1946 by the
I.L.O., forced labour had been introduced into Kenya and Tanganyika during
the war and that 18,865 persons had been subjected to forced labour in Kenya
and 39,000 in Tanganyika.3
472. The I.L.O. report to which this statement referred is probably the publication entitled Proposed International Labour Obligations in respect of NonSelf-Governing Territories, from which it appears that " on 30 September 1945
the number of forced workers in employment in Kenya was 18,765, and in
Tanganyika 29,450. " The passage cited deals with the question of " the
liquidation of war emergency forced labour ". The pubKcation states that
in both territories " no further men will be compulsorily recruited for private
employment after 31 December 1945 " and that " the whole system will
be liquidated not later than 30 September 1946. " 4
473. The Committee also examined the comments and observations of the
Government 6 , together with the legal texts it quoted, and found that the
labour referred to was executed under war emergency measures and that
these measures were abolished in 1946 in both territories. It therefore found
that these allegations were not relevant.

See
See
3
For
4
See
6
See
2

below, p. 548.
below, p. 576.
the text of these allegations, see below, pp. 539 and 556.
below, pp. 540 and 557.
below, pp. 572 and 580.

106

BEPOET OF THE AD HOC COMMITTEE OK FORCED LABOXTR

Conscription of Labour in Peacetime for Industries of National Importance
(Kenya).
474. It was alleged that " under the law published in the Official Gazette
in January 1950, the Government was entitled to decide even in time of
peace which industries were of national importance and therefore had the
right to use forced labour. "
475. The Committee has been unable to trace such a law either in the
Kenya Official Gazette for January 1950 or in the Compendium of Ordinances
enacted in Kenya in 1949 and 1950. The only legislative text of that period
which may be connected with this allegation is the Emergency Powers Ordinance, 1948, as amended on 8 February 1950.1 Under this Ordinance the Governor in Council may, during a Proclamation of Emergency, make regulations
" for securing the public safety or interest and the essentials of life to the
community " and may confer on any person such powers and duties as the
Governor in Council may deem necessary " for the preservation of the peace,
for securing and regulating the supply and distribution of food, water, fuel,
light and other necessities, for maintaining the means of transit or locomotion
and for any other purposes essential to the public safety and the life of the
community. " A state of emergency was in fact proclaimed in Kenya on
20 October 1952.2
476. The Committee noted that the duties which may be required under
this Ordinance relate only to " essential services ", that is, the water, electricity,
health, hospital and sanitary services and the transport services necessary
thereto. Finally, it observed that the Ordinance provides that no such regulations may be made " imposing any form of compulsory military service
or industrial conscription ". The Committee found that the allegation was
contradicted by the text of the Ordinance itself, and that it was therefore not
substantiated.
Political Prisoners carrying out Forced Labour

(Malaya).

477. It was alleged that " according to a Telepress Agency report of
7 July 1950, 15,000 political prisoners were carrying out forced labour in
concentration camps. "
478. In connection with this allegation the Committee examined
Regulation 22 of the Emergency (Detained Persons) Regulations, 1948, which
are described in the Government's reply to the Committee's questionnaire3 as
" temporary powers that have been assumed in the interests of the public
and of the security of the Federation... permitting the detention of persons
1
2
3

See below, p . 542.
See below, p . 574.
United Nations document E/AC.36/ll/Add.lO.

B E P O S T OF THE

107

COMMITTEE

against whom there is reasonable presumption of having aided, abetted or
consorted with the terrorists ", who are waging, according to the same replv
" a systematic campaign of murder and terrorism having as its aim the overthrow of the Government by force ". Emergency Regulation 22 provides
that every person detained in a special detention camp is to do such work not
of a severe or irksome nature as he may be required to do by the Superintendent. 1 With regard to the application of this Regulation the Committee
noted the comments and observations of the Government on this allegation 2
(which the Government held to be false in every particular), to the effect
that no persons were detained in special camps under Regulation 22 at the
time alleged, that the maximum number of persons so detained at any one
time was 116 (on 16 December 1950), and that the number of persons so
detained at the beginning of January 1953 was 20.
479. The Committee also noted the Government's observation that
on 1 July 1950 (approximately the date mentioned in the allegation) the
total number of persons detained in Malaya under the Emergency Regulations
was 9,992, that they were detained under Regulation 17 which expressly provides that such detained persons shall not do any labour other than that which
is necessary for keeping their quarters and their places of detention clean and
in good order, and that they were not performing any labour other than
that so authorised.
480. It follows from the evidence reviewed above that the labour of
persons detained under the Emergency Regulations (both 17 and 22), according
to the statistics and description of this work given above, could have
no economic significance in the Malayan economy.
481. With regard to the nature of the offences involved, the Committee
feels that the provisions of the Emergency Regulations authorising the
detention of persons "against whom there is reasonable presumption of having
aided, abetted or consorted with the terrorists ", if broadly interpreted and
extensively applied, could lead to a system of forced labour as a means of
political coercion. There is, however, no evidence that these regulations are
being so interpreted or applied.
Compulsory Labour for Public Works and Services

(Tanganyika).

482. The allegation on this subject simply quotes the report of the
Visiting Mission of the Trusteeship Council to Tanganyika, which, in turn,
refers to the provisions of the Native Authority Ordinance.
483. As indicated in this quotation the Native Authority Ordinance,
1927, as amended in 1949, makes provision for " the engagement of paid labour
for essential public works and services " (Article 9). No persons may be
1
2

F o r the full t e x t of this ^Regulation, see below, p . 544.
See below, p p . 574 and 675.

108

BEPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

compulsorily employed for a longer period than 60 days in any one year and
only able-bodied males between the ages of 18 and 45 may be so employed.
Article 10 of the Ordinance lays down that in periods of famine, the local
population may be required to help with public work and also to cultivate
the land, and Article 13 provides that offenders against the Ordinance are
liable to a fine not exceeding 200 shillings or imprisonment not exceeding
two months, or both. 1
484. In addition to the report of the Visiting Mission and the text of the
Ordinance cited in the allegation, the Committee examined recent reports
of the United Kingdom and Tanganyika Governments to the United Nations
and the I.L.O.1, as well as the comments and observations submitted to the
Committee by the United Kingdom Government2, indicating the administrative institutions under which these provisions are applied, the type of labour
actually required, and the number of persons involved. The Committee also
noted the statement of the Government of Tanganyika in its report to the
I.L.O. on the Forced Labour Convention (No. 29) for 1948-1949, to the
effect that this form of compulsory labour is being progressively reduced in
the Territory.
485. As a result of its study of this documentation, the Committee has
found that compulsory labour for essential public works and services is provided
for by law and does in fact exist in Tanganyika ; that labour exacted under
the Native Authority Ordinance is permissible under international labour
Convention No. 29 only for a transitional period, and should be progressively
abolished ; that the number of persons conscripted between 1 July 1950 and
30 June 1951 for minor public works (essential anti-tsetse measures and
essential and urgent road and building work) was 6,405 ; and that the number
conscripted for work for the Native authorities (essential Native administration road and building work of direct benefit to the community) was 1,091.3
Assuming that these persons were not employed for periods exceeding 60 days
(as provided), the Committee considers that such compulsory labour does not
constitute an important element in the economy of Tanganyika 4 and for
this reason concludes that the allegation is not relevant to its terms of
reference.

Requisitioning of Labour by Indigenous Authorities for Communal Works
(Nigeria).
486. It was alleged that in Nigeria the Native Authority Ordinance gave
the Native authorities power to requisition Native labour for public purposes,
1

See below, p. 560.
See below, p. 581.
3
See below, p. 561.
4
The total employed population of Tanganyika is 450,000. See below, p. 581.

109

BEPOST OF THE COMMITTEE

and any other purposes approved by the Governor, and t h a t indigenous
authorities could, with the Governor's approval, requisition workers fur Lhts
execution of communal works.
487. The Committee has found t h a t the facts stated in the allegations are
correct and that the provisions of the 1945 Labour Code, as amended in 1950,
and the Native Authority Ordinance of 1943 empower indigenous authorities
to requisition labour for communal works. x I t has noted t h a t such minor
communal services and any work or service exacted in case of emergency
(i.e., " in the event of famine. . . violent epidemic or epizootic disease ") are
excluded from the definition of forced labour given in Article 2, paragraph 2
(d) and (e) of international labour Convention No. 29 and has found that,
in any case, such communal services do not constitute an important element
in the economy of the territory concerned and are therefore not relevant
to the terms of reference of the Committee.
Compulsory Employment
Rhodesia).

in Local Land Conservation

Work

(Southern

488. I t was alleged t h a t under the Native Land Husbandry Act of Southern Rhodesia, 1951, any Native who is unemployed, or has been unemployed
for a month, is liable to be ordered by the appropriate authority to do work
connected with the conservation of natural resources or the promotion of
good husbandry. I t was further alleged t h a t this was not a " minor communal
service " within the meaning of international labour Convention No. 29 and
t h a t the provision enabling the " appropriate authority " to impose such
labour had been inserted in the Act in order " to get round the Forced Labour
Convention ". 2
489. The Committee has observed that, under the Native Land Husbandry
Act of Southern Rhodesia, 1951 3 , the " appropriate a u t h o r i t y " (defined as
" the Native Council ", " the chief or headman " or " the head of the kraal ")
in any area may determine whether Natives are needed to perform labour
in the direct interests of the Native inhabitants of the area in connection
with the conservation of the natural resources of the area or the promotion
of good husbandry ; if they are the appropriate authority may order any
Native in the area (who is liable under Section 51) to attend before the Native
Commissioner for such work for a period not exceeding 90 days per year.
Wilful failure to comply with such an order is an offence punishable b y a
fine not exceeding £5 or, in default of payment, to imprisonment not exceeding
one month.
490. Without drawing any conclusions as to whether or n o t these provisions constitute a "minor communal service" excluded from the definition of
1
2
a

See below, p . 547.
See below, p . 552.
See below, p . 554.

110

REPORT 01? THE AD HOC COMMITTEE ON FORCED LABOUR

forced labour given in international labour Convention No. 29, the Committee
has noted the comments and observations of the United Kingdom Government x to the effect that " in practice it is hoped that it will not prove necessary to invoke the provisions of Section 53 of the Native Land Husbandry
Act " and has found that such labour (whether compulsory or not within
the meaning of the Convention) does not at present constitute an important
element in the economy of the territory, and that, for this reason alone, the
allegation is not relevant to its terms of reference.
Forced Convict Labour

(Nigeria).

491. It was asserted that, according to the United Kingdom Colonial
Office Annual Report on Nigeria for the Year 1947, 41,746 persons were under
arrest, the majority of whom were employed on public works and in prison
factories. This was alleged to constitute forced labour.
492. The Committee has examined the report cited in this allegation,
according to which the total population of Government prisons in Nigeria in
1947 was 31,746 (andnot 41,746 as alleged).2 The Committee also examined the
comments and observations of the Government in this connection where it
is stated that, of the persons committed to prison in 1947, " a total of 13,385
were liable to be employed in public work or prison industries ". 3 The Committee found from these statistics that such convict labour did not constitute
an important element in the Nigerian economy in 1947. It also examined
the categories of offences for which these 13,385 persons were sentenced3
and found no evidence of the use of penal law as a means of political coercion.
It concludes that convict labour in Nigeria does not constitute a system of
forced labour for political or economic purposes and that the allegation is
therefore not relevant to its terms of reference.
Conscription of Voluntarily Unemployed Persons (Kenya).
493. It was alleged that an Act passed in Kenya in 1949 aimed at regulating the employment of persons not working voluntarily, that it provided
for the compulsory registration of all able-bodied men between the ages of 18
and 45 years, that the persons registered could be made to work for any
length of time, and that violations of the Act were punishable by imprisonment.
494. The Committee has examined the Voluntarily Unemployed Persons
(Provision of Employment) Ordinance, 1949.4 The Ordinance provides that
within seven days all unemployed persons not in possession of a certificate
of exemption have to report to a labour exchange, which has to offer them
suitable employment ; that voluntarily unemployed persons (i.e., persons
1

See
See
3
See
* See

below,
below,
below,
below,

p.
p.
p.
p.

580.
549.
576.
540.

E E P O B T OF THE

COMMITTEE

111

who do not genuinely seek employment when they have no regular employment, or no lawful and regular means of livelihuou oilier than an income
derived from their employment or no lawful and regular income sufficient
for their livelihood) who refuse to accept an offer of employment may be
ordered to report to a labour exchange committee ; that those failing to
report are liable to arrest without warrant ; that the labour exchange committee may then permit them to engage in any employment it approves,
or direct them to enter into a written contract of service for not more than
six months, or direct them into a rehabilitation or training centre ; that
persons directed to enter into contracts of service may appeal to a first-class
magistrate ; and that persons guilty of an offence against the Ordinance are
liable to the maximum penalties of three months' imprisonment with or
without hard labour or a 500 shilling fine, or both, such penalties being
increased to 12 months' imprisonment or a 2,000 shilling fine, or both, for
subsequent offences.
495. The Committee has also examined the Annual Report for 1950 by
the African Affairs Department of the Colony and Protectorate of Kenya 1 , as
well as the comments and observations of the United Kingdom Government
in this connection2, from which it appears that, during the year 1950, only
nine persons were directed into employment, while in 1952 only 15 persons
were so directed. With regard to the number of prosecutions and convictions
under this Ordinance, the Committee noted the report by the Kenya Labour
Department 3 which indicates that in 1951 386 persons were prosecuted,
271 were convicted, 86 were discharged and 20 were acquitted.
496. Although from the above statements it seems that the labour of persons directed into employment under this Ordinance has been of no importance
to the economy of Kenya, the Committee found that the Ordinance provides
for a form of compulsory labour, for the application of summary proceedings
by administrative authorities to persons who are voluntarily unemployed
and for severe penalties, including hard labour, for offenders. The Committee
concludes that, although there is evidence that the labour of persons who
have been directed into employment under this Ordinance has been of no
importance in the economy of Kenya and that these provisions have not
been widely applied, they are capable of being applied in such a way as to
result in a system of forced labour of some importance to the economy of
Kenya.
General Allegations regarding Forced Labour (Gambia, Gold Coast, Nigeria,
Northern Rhodesia and Sierra Leone).
497. In addition to the more specific allegations examined by the
Committee, several statements simply alleged that forced labour existed in
1
2
3

See below, p . 541.
See below, p. 572.
See below, p . 584.

112

KEPORT OF THE AD HOC COMMITTEE ON FOBCED LABOTTE

Gambia, the Gold Coast, Nigeria, Northern Rhodesia and Sierra Leone, without
indicating any precise institutions or practices, laws or regulations.
The Committee has nevertheless endeavoured to assemble documentary
material which might have a bearing on these allegations.
498. It was alleged that " according to the International Labour
Organisation there had recently been cases of forced labour in practically
every non-self-governing territory... Natives had been subject to compulsory labour in Sierra Leone and the Gold Coast ".
499. In connection with the Gold Coast, the Committee has examined
the Labour Ordinance, 19481, which stipulates that any recourse to forced or
compulsory labour is prohibited and punished (Article 107). It has found,
moreover, that the only types of work or service that are permitted under
this Ordinance are explicitly exempted from the definition of forced labour
given in international labour Convention No. 29. The Committee has also
noted the detailed comments and observations of the Government 2 on this
legislation and its application and has found that this allegation is not substantiated.
500. With regard to Sierra Leone, the Committee has examined the Forced
Labour Ordinance, 1932 3, which prohibits forced labour as denned in international labour Convention No. 29, with the exception of certain types of
compulsory work or service which are permitted by the Convention during
the transitional period. In this connection the Committee has noted the
Government's comments 4 that " the use of the powers of the authorities
and Native chiefs under the Forced Labour Ordinance (in accordance with
the provisions of the Convention) is being progressively reduced as communications are developed and improved in the Territory ".5 While noting that
these powers still exist, the Committee finds that they do not, in themselves,
constitute a system of forced labour in Sierra Leone, within the meaning of
its terms of reference.
501. Another general allegation was that " in the small colony of
Gambia, whose total population amounted to only 210,000, 20,000 Natives
had been subjected to forced labour in one year ".
502. The International Labour Organisation was mentioned in connection
with this allegation. The reference was probably to the I.L.O. publication
Social Policy in Dependent Territories, published in 1944, from which it appears
that some 20,000 persons had been working in war industries in Gambia up
to 1942, when it was decided to reduce the industrial force to 7,000.6 The
Committee has noted that there is no reference to forced labour in this text,
that there is no indication that the 20,000 persons who worked in war indus1

See below, p . 538.
See below, p p . 570-571.
3
See below, p . 551.
4
See below, p . 578.
5
Recent statistics concerning these practices m a y be found on p . 585 below.
6
See below, p . 537.

B B P O B T OF T H E

COMMITTEE

113

tries were compelled to enter such employment, and that the mass recruitment
of industrial workers has ceased, on the basis of the sources cited the Committee therefore concludes that this allegation is unfounded.
503. The Committee has also examined the Gambia Forced Labour Ordinance of 1934x which prohibits and represses forced or compulsory labour
in accordance with the Forced Labour Convention (No. 29). The latest
reports to the I.L.O. on the application of this Convention in Gambia, as
well as the Government's comments and observations 2, confirm that this
legislation is in force and is respected.
504. With regard to Nigeria, it was alleged (again in general terms) that
forced labour was in many cases sanctioned by law. The Committee has already
examined a number of Nigerian laws in connection with certain specific allegations which were found to be irrelevant to its terms of reference (see above,
sections relating to allegations (d), (i) and (k)). In connection with this
general allegation the Committee has examined the General Eegulations
appearing in the 1945 Labour Code of Nigeria 3 and has found that, in principle,
they prohibit and penalise forced labour within the meaning of the Forced
Labour Convention (No. 29). The Committee has also noted the Government's comment in this connection * confirming that forced labour, as defined
in the Convention, is prohibited, and has found that forced labour within
the meaning of its terms of reference is not sanctioned by Nigerian law.
505. With regard to Northern Rhodesia, it was alleged that " the Natives
were compelled to work, and the people who mined approximately 100 million
dollars' worth of ore each year were paid only 16 cents a day for their labour ".
506. The United Kingdom Government has submitted certain comments
and observations on the allegation.5 The Committee agrees that the allegations relating to wage rates in the mining industry are not relevant to its
terms of reference.6 With regard to the allegation that Natives are compelled
to work, it notes the Government's observation that " all Africans employed
on the copper mines seek employment voluntarily at the place of employment and there is no outside recruitment ; those seeking employment always
exceed in number the posts vacant ".
507. With regard to the general allegation of compulsory Native labour
in Northern Rhodesia, the Committee has noted the Government's detailed
comments and observations.7
508. Finally, the Committee has noted the Government's statements 7
that forced labour, as defined in international labour Convention No. 29, is
1

See below, p . 538.
See below, p p . 538 a n d 569.
See below, p . 546.
4
See below, p . 575.
5
See below, p p . 576—577.
0
Precise information concerning these wages was, however, supplied by the Government
on this point ; see below, p. 577.
7
See below, p . 577.
2

114

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

prohibited in Northern Rhodesia, and has observed that, under Section 234 of
the Penal Code, a n y person who unlawfully compels any person to labour
against the will of t h a t person is guilty of a misdemeanour. 1 I t has found
t h a t the allegation is not substantiated.
Conclusions
509. The foregoing examination of the specific and general allegations in
the light of the documentary material, and particularly the laws and regulations, discloses no evidence of the existence of a system of forced labour within
the meaning of t h e Committee's terms of reference either in the United Kingdom itself or in a n y of the 12 territories under its administration.
510. However, the Committee has observed that the Emergency Regulations in Malaya, if broadly interpreted and extensively applied (though there is
no evidence t h a t they have been so interpreted or applied), could lead to
a system of forced labour as a means of political coercion, and t h a t the Voluntarily Unemployed Persons Ordinance in Kenya could be applied (although
it appears t h a t it is not at present so applied) in such a way as to result in
a system of forced labour of some importance to the economy of Kenya.

U N I T E D STATES OF AMERICA

511. Allegations regarding the existence of forced labour in the United
States of America were made during the debates on forced labour in the
Economic and Social Council b y the representatives of Czechoslovakia, Poland
and the U.S.S.R., and were also submitted to the Committee by one private
individual.
512. These allegations refer in substance t o the following points :
(a) forced labour as the basis of capitalist economy, in particular in
the United States ;
(b) the curtailment of trade union rights by the Taft-Hartley Act ;
(c) child labour ;
(d) restriction of social security in the United States to unemployment
and old age—large numbers of workers not covered by social insurance ;
(e) existence of t h e principle of equal pay for equal work in nine States
only—women n o t protected ;
(j) racial discrimination in regard to employment and wages tantamount
to forced labour ;
(g) the President's Federal Loyalty Order and the activities of the
Loyalty Boards t a n t a m o u n t t o measures of political discrimination ;
1

See below, p. 550.

BEPOBT OF THE COMMITTEE

115

(h) exploitation of persons detained in mental clinics ;
(i) exploitation of certain Indian tribes ;
(j) arrest of Negroes in order to subject them to forced labour ;
(Jc) imposition of forced labour on Mexican and other foreign immigrant
workers ;
(I) wartime exploitation of foreign workers and conscientious objectors ;
(m) convict labour tantamount to forced labour ;
(n) peonage in certain regions ;
(o) application of vagrancy laws as an instrument of forced labour.
513. At its Fourth Session the Committee had before it the allegations \
the replies to the allegations 2, the documentary material concerning them 3,
the comments and observations of the Government* and its reply to the
Committee's questionnaire.5 The following are the Committee's findings
and conclusions concerning the alleged existence of forced labour in the
United States of America.

Forced Labour as the Basis of Capitalist Economy, in particular in the United
States.
514. The allegations in this connection6 refer to questions of unemployment, unemployment insurance, the level of wages and the living conditions of
workers. The Committee, while noting the comments of the Government
of the United States of America on these points 7, observes that such matters
fall within the competence of various organs of the United Nations and of
the International Labour Organisation, that they do not in themselves constitute a system of forced labour, and that therefore the allegations are not
relevant to the terms of reference of the Committee.

The Curtailment of Trade Union Eights by the Taft-Hartley Act.
515. The Committee has considered the allegations 8 , together with the
relevant provisions of the Labor-Management Relations Act, 1947, and has
found that they are not relevant to its terms of reference.
1
3
3
1
6

See below, p. 586.
See below, p. 694.
See below, p. 596.
See below, p. 605.
United Nations document E/AC.36/11.
6
See below, p. 586.
7
See below, p. 606.
8
See below, p. 587. The comments and observations of the United States Government on
these allegations may be found below on pp. 606-607.

116

BEPOET OF THE AD HOC COMMITTEE ON FORCED LABOUR

Child Labour.
516. The Committee has considered the allegation that American capitalists use the labour of children 1 , and, while taking note of the comments of the
Government of the United States of America 2 and the various laws it cites
in connection with child labour, observes that the precise charges of child
labour, even were such labour to exist in certain parts of the United
States of America, do not constitute forced labour within the meaning of its
terms of reference.
Restriction of Social Security in the United States to Unemployment and Old
Age—Large Numbers of Workers not Covered by Social Insurance.
517. The Committee found that this allegation 1 was irrelevant to its
terms of reference.
Existence of the Principle of Equal Pay for Equal Work in Nine States only—
Women not Protected.
518. The Committee is of the opinion that this allegation3, even if
established1, is irrelevant to its terms of reference.
Racial Discrimination in regard to Employment and Wages Tantamount to
Forced Labour.
519. The statements 4 made in this connection allege racial discrimination
in the fields of employment and wages, especially with regard to the Negro
population in the United States of America, and affirm that such discrimination is " a clear example of forced labour at its worst ".
520. The Committee believes that, to create conditions of forced labour,
such discrimination must be accompanied by coercive measures directly or
indirectly compelling the member of the group concerned to undertake certain
types of work. The Committee has found no indication that such conditions
exist or are applied to the Negro population in the United States of America.
The Committee therefore finds that this allegation has not been substantiated.
The President's Federal Loyalty Order and the Activities of the Loyalty Boards
Tantamount to Measures of Political Discrimination.
521. The comments and observations of the Government of the United
States of America on this subject 5 indicate that the Order aims at securing the
1

See below, p. 588.
See below, p . 607.
The comments and observations of the United States Government on this point may be
found below, p. 608.
"See
below, pp. 588—589.
5
See below, p . 609.
2
3

BEPOET OF THE COMMITTEE

117

nation against the infiltration of disloyal or subversive individuals into Government service. The Committee therefore holds that these allegations1 are irrelevant.
Exploitation of Persons Detained in Mental Clinics.
522. The Committee, having examined the report of the Workers' Defense
League cited as the basis for this allegation 2 and the comments and observations of the Government of the United States of America 3 , finds that the
allegation is not relevant to its terms of reference.
Exploitation of Certain Indian Tribes.
523. The Committee examined the report of the Workers' Defense League
which was cited as the basis for this allegation 2, the comments and observations of the Government of the United States of America 4 and the legal
texts and other documentation, particularly the Pribilof Report, 1949, submitted by the United States Government, and found that the allegation was
not relevant to its terms of reference.
Arrest of Negroes in Order to Subject Them to Forced Labour.
524. The Committee noted that no evidence was cited in support of this
allegation2 and considered that the allegation itself was not sufficiently
precise to allow of any detailed investigation. The general question of convict
or prison labour is examined in connection with the allegations relating to
that issue.5
Imposition of Forced Labour on Mexican and Other Foreign Immigrant Workers.
525. The allegations6 concerning Mexican immigrant workers must be
considered in two aspects, i.e., according to whether they refer to legal or
illegal immigrants.
526. The position of Mexican workers who have legally entered the
United States of America is regulated by the Agreement of 1951, as amended
in 1952, between the Governments of the United States of America and Mexico
concerning migrant labour. 7 The Committee examined this Agreement and
1

See below,
See below,
See below,
4
See below,
5
See below,
6
See below,
7
See below,

p p . 589—590.
p . 590.
p . 609.
p . 610.
p p . 119—121.
p p . 690—591.
p . 597.

118

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

found t h a t it provided adequate safeguards against the imposition of forced
labour on Mexican immigrants whose employment and contracts are governed
by the terms of t h e Agreement.
527. The only precise allegation in this connection is t h a t " Mexicans
who crossed the border into the United States of America were tied t o the farms
where they worked, because the penalty for breaking their contract was a
fine so heavy t h a t they could never afford to pay it ". I t was implied t h a t this
was " a kind of forced labour ". I n this connection the Committee noted
the observation of t h e Government of the United States of America x that
there is no fine laid upon the Mexican employee if he breaks his contract,
" he is merely liable t o be returned to Mexico and he is not entitled to the guarantee t h a t he will have t h e opportunity t o work for a t least three-fourths
of the total work days of his contract (Articles 16 and 30) ". The Committee
found this statement to be in accordance with the terms of the Agreement 2
and concluded t h a t t h e allegation was not substantiated.
528. With regard to the allegations concerning illegal Mexican immigrant
labour, the Committee examined t h e report of the President's Commission
on Migratory Labor 3 , which describes how Mexican labourers are brought into
the United States of America b y organised smugglers for work on farms in
the southern States. I t appears from this official report, from the comments
and observations of the Government of the United States of America 4 and
from the legal texts quoted therein t h a t these Mexican labourers (" wet-backs ")
enter the United States of America illegally, i.e., against the law, t h a t their
entry is voluntary, and t h a t their contracts of employment, though illegal, are
concluded voluntarily. I t also appears from the above-mentioned report that
once a worker is inside t h e United States of America and on a farm numerous
devices are employed to keep him on the job and t h a t " basic to all these
devices is the fact t h a t the ' wet-back ' is a person of legal disability who is in
jeopardy of immediate deportation if caught ". 5 The Committee noted that
Article 38 of the Agreement between the Governments of the United States
of America and Mexico obliges both Governments " to take all possible
measures for the elimination of such illegal traffic and entry across the international boundary " 6 , and t h a t the relevant provisions of the Agricultural A c t 6
implementing this Agreement make the employment of such Mexican aliens not
lawfully within t h e country a n offence. There is evidence, however, of the
existence of certain practices whereby illegal Mexican immigrants are influenced
t o remain on their job under threat of deportation, t h a t their conditions of
service leave much t o be desired, and t h a t in some cases at least there is
1

See
For
3
See
4
See
6
See
8
See

"below, p . 611.
summaries of Articles 16 and 30 see below, p p . 598 and 599.
below, p p . 600-601.
below, p p . 611-612.
below, p . 600.
below, p . 612.

119

REPORT Ol" THE COMMITTEE

complicity on the part of the local authorities. 1 This evidence also indicates
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tices, since it deports Mexican aliens found to be unlawfully on United States
territory—such deportation of illegal immigrants being a normal and wellestablished rule in most legal systems. Since, moreover, the " wet-back "
can in fact always leave the farm on which he is employed, such employment cannot be viewed as forced labour within the meaning of the Committee's terms of reference.
529. No precise allegation has been made concerning the imposition of
forced labour on immigrants from other countries, the assertion being that
there was " exploitation of foreign workers ", which the Committee considered to be not relevant to its terms of reference.
Wartime Exploitation of Foreign Workers and Conscientious Objectors.
530. This allegation2 relates to a period of war when a state of emergency
was declared in the United States of America. Otherwise, no precise charges
have been made regarding the wartime exploitation of foreigners. The position regarding citizens of Japanese origin in the United States of America, to
which reference was made in the unofficial Report on Legal and Illegal Forms
of Forced Labor in the United States, is explained in the comments and observations of the United States Government3, which cites legislation and court
decisions on the subject. The Committee is satisfied that these charges are not
relevant to its terms of reference.
531. With regard to the allegation concerning conscientious objectors in
wartime, the Committee notes that according to the law such persons may
be ordered to perform " civilian work contributing to the maintenance of
the national health, safety or interests ".4 The Committee understands that
labour imposed on conscientious objectors is a substitute for compulsory
military service and that such labour therefore does not constitute forced
labour within the meaning of its terms of reference.
Convict Labour Tantamount to Forced Labour.
532. Under this heading the Committee considered the general allegation
that " in the United States . . . prisoners received almost no wages and performed forced labour " as well as the more specific charges.5 I t observed
that both the general and the specific allegations were concerned not with
hard labour as " a punishment for crime whereof the party shall have been
1

See
See
3
See
4
See
5
See

below,
below,
below,
below,
below,

p . 601.
p . 591.
p p . 612-613.
p . 603.
p . 591-592.

120

BEPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

duly convicted " 1 , b u t with the work of prisoners in general. I n this connection
the Committee examined the legal texts cited in the allegations and those
quoted in the comments and observations of the United States Government 2 ,
as well as various other official and unofficial publications, including those
cited in the allegations.
533. Under paragraph 4122 of the United States Code, the Federal Prison
Industries' Administration determines—
. . . in what manner and to what extent industrial operations shall be carried
on in Federal penal and correctional institutions for the production of commodities
for consumption in such institutions or for sale to the departments and agencies
of the United States, but not for sale to the public in competition with private
enterprise.»
I t s board of directors " shall provide employment for all physically fit inmates
in the United States penal and correctional institutions " . With regard
to the application of this law, the Committee examined the Department of
Labor publication Prison Labor in the United States 1940 (cited in the allegations) and reports of t h e Bureau of Prisons and Federal Prison Industries,
from which it appears t h a t prison labour in the United States of America, in
accordance with accepted principles of modern penology, has as its object the
social rehabilitation of prisoners. Donald R. Taft, in his book Criminology,
cited by the Polish representative, provides further verification of this point. 4
I t has not been alleged, and no evidence has been brought to the knowledge
of t h e Committee t o suggest, t h a t convict labour in t h e United States of America is exacted to correct the political opinions of those who differ from the
ideology of the State. F r o m the latest official statistics before the Committee 5 ,
it is evident t h a t convict labour does not constitute an important element in
the economy of t h e United States of America. The Committee therefore
found t h a t the allegation, in general, is not relevant to its terms of reference.
534. The Committee examined the unofficial Report on Legal and Illegal
Forms of Forced Labor in the United States cited by the representative of the
U.S.S.R. This report contradicts the allegation in so far as Federal prisons are
concerned, in the following statement. " Federal prisons do not exploit the labour of prisoners. ' ' W i t h regard to certain alleged practices in the State of Arkansas, the United States Government states 3 t h a t the practice of leasing prisoners
to farmers, contractors and manufacturers was abolished in 1913. I n 1925,
however, the authority to hire out convicts t o work on public roads or to
do any other useful agricultural work was revived, provided t h a t the convicts so employed are a t all times under the management and custody of
1
Which is permissible under Article X I I I of t h e United States Constitution ; see
below, p . 595.
2
See below, p p . 613—616.
" See below, p . 615.
4
See t h e passage quoted b y t h e United States Government on p . 614.
5
Report of the Federal Bureau of Prisons, 1952, submitted b y the United States Government.

KEPOBT OF THE COMMITTEE

121

the regular penitentiary superintendent and wardens, are humanely treated
and are worked only a reasonable number of hours each day. The Government also states t h a t in fact convicts are hired out only to other State agencies
for performance of public activities and t h a t the agreement under which this
had been done needed the approval and consent of the Governor of t h e State
and the terms and conditions approved by the Attorney General.
535. With regard to the charge t h a t " t h e State placed convicts a t the
disposal of private enterprises ", the only evidence which the Committee
has found relating to the existence of this practice in the United States of
America is t h a t referred to above with regard to Arkansas under the conditions indicated. Although the United States Government has indicated
t h a t in fact convicts are hired out only to other State agencies for performance of pubhc activities, the Committee has noted t h a t under t h e Law of
1925 of the State of Arkansas, the authority to hire them out for private
purposes, including agricultural work, appears still to exist ; this is not in
accordance with Article 2, paragraph 2 (c), of international labour Convention No. 29, which has not been ratified by the United States of America.
There is, however, no evidence to indicate t h a t the " public activities "
actually undertaken by convict labour in Arkansas play a significant part
in the economy of the country, and for this reason the Committee considers
t h a t this allegation is not relevant to its terms of reference.
Peonage in Certain

Regions.

536. The general allegation was t h a t " peonage, or servitude for debt,
was also a means of forced labour very widespread in the southern States
of the United States of America ". 1 I n United States jurisprudence peonage
is described as " a status or condition of compulsory service, based upon the
indebtedness of the peon to the master. The basic fact is indebtedness. " 2
537. The representative of Poland alleged t h a t " there were more sharecroppers than any other type of plantation labour, and t h a t their cash income
was so low and their debts to the operators so high t h a t they were virtually
tied to the land ". I n support of this statement, the Polish representative
quoted a publication The Plantation South Today. The Committee has examined
this document, which is an official monograph concerning economic conditions in the southern United States during the early years of the depression.
I t contains no reference to the existence of peonage or forced labour.
538. The Committee examined the various reports which had been cited
in support of other allegations and found that, in some cases, they were not
supported by the sources quoted. The articles in the New York Star of 23
J a n u a r y 1949, and the New York Times of 26 February 1949 report various
statements made in connection with an investigation carried out by t h e unoffi1
2

See below, p . 592.
Clyatt v. United States 197 U.S. 207,215 (1905).

122

BEPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

cial Commission of Inquiry into Forced Labour of the Workers' Defense League,
but it appears that the charge that " 76,000 Americans lived in peonage "
was not accepted by this Commission.
539. No evidence was cited in support of the allegation that in South
Carolina 70 per cent, of the textile workers were kept in a state of permanent
servitude by means of a credit system, and the Committee has been unable
to obtain any evidence in support of this assertion.
540. The Committee also examined transcripts of six recorded interviews1
with workers in the turpentine industry in Florida. Some of these persons
stated that they incurred debts with their employer for transportation costs,
or with the company's store or " commissary " because of inadequate remuneration, and that various devices were employed to compel them to remain
on the job until these debts were liquidated.
541. In connection with the above-mentioned allegations and statements,
the Committee examined the relevant laws and regulations, in particular
Title 18 of the United States Code (1948) providing that " whoever holds or
returns any person to a condition of peonage, or arrests any person with the
intent of placing him in or returning him to a condition of peonage" is guilty
of a crime for which he may be fined $5,000 and imprisoned for five years. 2
It appears from this text that peonage is directly outlawed in the United
States of America. Any instances of peonage which may be found are, therefore, illegal. In this connection the Committee examined the article by
Brodie on " The Federally-Secured Right to be Free from Bondage " 3, which
indicates the volume of complaints, investigations and prosecutions handled
by the Civil Rights Section of the United States Department of Justice,
from which it appears that instances of peonage are still found in certain
regions of the United States of America. The Committee also noted the statement of the United States Government 2 that " any instances of peonage
committed by individuals, past or present, are in clear violation of the laws
of the United States, and when discovered, are investigated and prosecuted".
The Committee finds that the practices referred to in the allegations are
directly outlawed in the United States of America, and that when cases of
peonage are brought to the notice of the competent authorities the laws are
apparently enforced.
Application of Vagrancy Laws as an Instrument of Forced Labour.
542. In connection with this allegation 4 the Committee examined the rules
governing vagrancy, to be found in the vagrancy laws of the 48 States.5 No
1
Made b y a private individual and submitted as documentary evidence in his memorand u m to the Committee. See below, p . 593.
2
See below, p . 616.
3
Submitted by t h e United States Government ; see below, p. 616.
4
See below, p . 5 9 3 .
5
For a s u m m a r y of these rules, see below, p . 604.

E E P O B T OF T H E

COMMITTEE

123

precise evidence, other t h a n a general reference to " vagrancy laws ", was
cited in support of this allegation. The Committee noted, in particular, t h a t
certain statutes which would permit the hiring out of persons convicted of
vagrancy have been held unconstitutional by the courts. The authority
to frame laws relating to vagrancy has been delegated t o State legislatures
and municipal governing bodies and under the laws of some of these States
t h e punishment for vagrancy is either a fine or a gaol sentence, with or without
hard labour, usually up to six months and in some cases u p t o one year and
even three years. Certain State laws give very broad definitions of what is
legally meant by vagrancy. The Committee has no information as to the
way in which these laws are enforced in any particular State but is of the
opinion t h a t if they were widely interpreted and extensively applied they
could be employed to form the basis of a system of forced labour for economic
purposes.
Further

Allegations.

543. The Committee also considered various allegations x presented by
a private individual, together with annexes submitted in support of them.
The allegations concerning immigrant labour, peonage (particularly in the
turpentine industry in Florida 2 and in lumbering camps) and vagrancy have
already been examined b y the Committee and its conclusions noted above.
544. The allegations concerning migratory agricultural labour 3 were the
subject of investigation b y the Commission on Migratory Labor appointed
by the President in 1948.4 I t appears from this official report, as well as from
the allegations themselves, t h a t the main problem involved is t h a t many
farm labourers " find it impossible to make a living in a single location and
hence have had to become migratory ". The Committee found that this
allegation is not relevant to its terms of reference.
545. Finally, the Committee considered the allegation 5 t h a t the Selective
Service Act is used " t o force Negro workers into involuntary servitude".
Commenting on this allegation, the United States Government 6 observes
t h a t the Selective Service and Training Act of 1940, as amended, " provided
for the deferment of certain individuals because their specific occupational
status was considered essential ", t h a t " it does not know of any instance
in which this provision was illegally used ", and t h a t " had such practices
been discovered by Federal authorities, the offenders would have been prosecuted ". The Committee considers that, in the absence of any evidence
to the contrary, the allegation is not substantiated.
1

See below, p . 593.
Mentioned above in connection with peonage.
See below, p . 593, paragraph 17 (a) a n d (b).
4
See below, p . 602.
5
See below, p . 593, paragraph 17 (fj.
6
See below, p . 619.

124

HEPOBT OF THE AD HOC COMMITTEE ON FORCED LABOTJB

Conclusions
546. From the foregoing examination it appears that most of the specific
allegations concerning the United States of America are not relevant to the
Committee's terms of reference, or where they appear to be relevant, they
are not substantiated by the evidence available to the Committee. In the
two cases where there appears, prima facie, to be evidence of the existence
of practices resembling forced labour, namely in connection with illegal
Mexican immigrants (" wet-backs ") and with certain instances of peonage,
the Committee finds on further examination that these practices are directly
outlawed in the United States of America and it has no evidence to suggest
that, when offences are brought to the knowledge of the United States
Government, the laws are not enforced. For this reason the Committee
concludes that these practices do not constitute forced labour within the
meaning of its terms of reference.
547. As regards vagrancy laws, however, the Committee noted that in
some States the term " vagrancy " is defined so broadly and the punishment for
the offence is so severe that, if extensively interpreted and applied, it could
lead to a system of forced labour for economic purposes in the States concerned.

V
General Observations
548. The Committee's enquiry has revealed the existence in the world
of two principal systems of forced labour, the first being employed as a
means of political coercion or punishment for holding or expressing political
views, the second being employed for important economic purposes.
549. A system of forced labour as a means of political coercion was found by
the Committee to be established in certain countries, to be probably in existence
in several other countries, and to be possible of establishment in others.
Such a system was found to exist in its fullest form and in the form which
most endangers human rights where it is expressly directed against people
of a particular " class " (or social origin) and even against political " ideas "
or " attitudes " in men's minds ; where a person may be sentenced to forced
labour for the offence of having in some way expressed his ideological opposition to the established political order, or even because he is only suspected
of such hostility ; when he may be sentenced by procedures which do not
afford him full rights of defence, often by a purely administrative order ;
and when, in addition, the penalty of forced labour to which he is condemned
is intended for his political " correction " or " re-education ", that is, to

BEPOET OF THE COMMITTEE

125

alter his political convictions to the satisfaction of the government in power.
Such a. system is, by its very nature and aluribufcets, a violation of the fundamental rights of the human person as guaranteed by the Charter of the
United Nations and proclaimed in t h e Universal Declaration of H u m a n
Rights. 1 Apart from t h e physical suffering and hardship involved, what
makes the system most dangerous to human freedom and dignity is t h a t it
trespasses on the inner convictions and ideas of persons to the extent of
forcing them to change their opinions, convictions and even mental attitudes
to the satisfaction of the State.
550. The Committee has also found t h a t the systems of forced labour as
a means of political coercion are applied with varying degrees of intensity in a
number of countries, but it has observed in the trend of the laws and the
aims and purposes of legislative enactments and administrative practices
a tendency for countries which have less severe systems t o approximate them
to the more severe described above. The possibility of the extension of this
system of forced labour as a means of political coercion t o other countries
or territories where unsettled conditions may prevail cannot be ignored.
551. The Committee's enquiry once again brings out the importance of t h e
work undertaken by the United Nations to ensure and effectively safeguard
human rights and dignity. I t notes t h a t the Commission on H u m a n Rights
is engaged in drafting articles for a Covenant on H u m a n Rights which have
a direct bearing on many of the issues considered by this Committee and
the problems raised by such issues.
552. The Committee feels t h a t an earnest appeal should be addressed t o
all Governments concerned to re-examine their laws and administrative
practices in the light of present conditions and the increasing desire of the
peoples of the world " to reaffirm faith in fundamental human rights [and]
in the dignity and worth of the human person ".
553. While less seriously jeopardising the fundamental rights of the h u m a n
person, systems of forced labour for economic purposes are no less a violation
of the Charter of the United Nations and the Universal Declaration of H u m a n
Rights. Although such systems may be found in different parts of t h e world,
their nature and scope are not everywhere the same.
554. These systems—still found to exist in some countries or territories
where a large indigenous population lives side by side with a population of
another origin—most often result from a combination of various practices or
institutions affecting only the indigenous populations, and involving direct or
indirect compulsion to work, such as compulsory labour properly so-called,
various coercive methods of recruiting, the infliction of heavy penalties for
breaches of contracts of employment, the abusive use of vagrancy legislation,
restrictions on freedom of movement, restrictions on the possession and use
of land, and other similar measures.
1

See, in particular, Articles 2, 9, 10, 11 and 19 of the Universal Declaration.

126

BEPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOUR

555. For nearly 25 years the International Labour Organisation has been
striving to bring about the abolition of such practices and to improve the
situation of indigenous workers. Conventions Nos. 29, 50, 64 and 65, and
a number of supplementary Recommendations adopted by this Organisation,
have shown the way of advance. The Committee's investigation has revealed
that many of the countries concerned have ratified these Conventions and
accepted the Recommendations, and in several of these countries or territories
progress is commendable inasmuch as many of these practices have either
been eliminated or are gradually declining. But progress has not been as
rapid elsewhere.
556. The Committee feels assured that the International Labour Organisation will continue and intensify its efforts towards the abolition of these
practices. The Committee's review of the situation makes it clear that, in view
of present conditions, all Governments concerned which have not yet ratified
the Convention should do so as early as possible, and that it is most desirable
that those Governments which have ratified the Conventions with certain limitations should consider the advisability of withdrawing such limitations. The
Committee has noted that some of these Conventions prescribe that the exemptions granted therein are only for a transitional period, while others state that
the practices concerned should be ended as early as possible. Bearing in mind
that a considerable time has elapsed since the exemptions and limitations
were allowed—sufficient time progressively to alter the conditions—and
noting further that many of the States ratifying the Conventions have in
fact done so, the Committee feels that it may now be possible to implement
fully these Conventions without limitations or temporary exemptions. The
Committee notes that, at the instance of the Governing Body, the International
Labour Office has undertaken the work of reviewing the position in different
countries relating to penal sanctions for breach of contract of employment
by indigenous workers. The Committee feels that this review is particularly
opportune and necessary and that it may be possible soon to make recommendations for the complete abolition of such penal sanctions by all countries
and in all territories under their jurisdiction.
557. The Committee's enquiry has revealed that, while the forms of forced
labour contemplated in the Conventions of the International Labour Organisation were virtually in relation to " indigenous " inhabitants of dependent
territories, the systems of forced labour for economic purposes found to exist
in some fully self-governing countries (where there is no " indigenous "
population) raise new problems and call for action either by the countries
concerned or at the international level.
558. Such systems of forced labour affecting the working population of
fully self-governing countries result from various general measures involving
compulsion in the recruitment, mobilisation or direction of labour. The
Committee finds that these measures, taken in conjunction with other restrictions on the freedom of employment and stringent rules of labour discipline

SEPOBT OB' THE COMMITTEE

127

—coupled with severe penalties for any failure to observe them—go beyond
the '• general obligation to work " embodied in several modern Constitutions,
as well as the " normal civic obligations " and " emergency " regulations
contemplated in international labour Convention No. 29.1 They often
deprive the individual of the free choice of employment and freedom of movement, and in this and other ways are contrary to the principles of the Universal
Declaration of Human Rights.2
559. In view of these findings, the Committee is of the opinion that the
problems of compulsory labour, labour recruiting, the length of contracts of employment, penal sanctions for breaches of such contracts and other measures
which have been examined in greater detail in regard to individual countries
in Section IV, and which the International Labour Organisation has so far
considered mainly in connection with indigenous workers, should now be
examined also in connection with workers in fully self-governing countries.
560. The Committee has come to the conclusion that, however attractive
the idea of using such methods with a view to promoting the economic progress
of a country may seem to be, the result is a system of forced labour which
not only subjects a section of the population to conditions of serious hardship
and indignity, but which must gradually lower the status and dignity of
even the free workers in such countries. The Committee suggests that,
wherever necessary, international action be taken, either by framing new
Conventions or by amending existing Conventions, so that they may be
applicable to the position regarding forced labour conditions found to exist
among the workers of fully self-governing countries.
561. The Committee undertook its work as a fact-finding body ; its enquiry
has revealed the existence of facts relating to systems of forced labour of so
grave a nature that they seriously threaten fundamental human rights and
jeopardise the freedom and status of workers in contravention of the obligations and provisions of the Charter of the United Nations. The Committee
feels, therefore, that these systems of forced labour, in any of their forms,
should be aboKshed, to ensure universal respect for, and observance of, human
rights and fundamental freedoms.

1
2

Article 2, paragraph 2.
See Articles 13 and 23.

APPENDICES

APPENDIX I
HISTORICAL SURVEY OF INTERNATIONAL ACTION
CONCERNING FORCED LABOUR

Foreword
The purpose of this Appendix is to present a short historical survey of the -work
undertaken at the international level for the suppression of forced labour.
This work, for which no precedent existed, was initiated about thirty years ago
by the League of Nations. After the Second World War it was taken over and continued by the United Nations. Parallel with this, the International Labour Organisation has dealt with the problem since 1922, independently or in co-operation
with the United Nations Economic and Social Council.
During the nineteenth century a number of international instruments dealt with
or referred to a problem which, although closely related to forced labour, differs from
it in many respects—the problem of slavery. These included the Peace Treaties of
Paris of 1814 and 1815, the Declaration of the Congress of Vienna of 1814, the
Franco-British Treaties of 1831, 1833 and 1845, the Treaty of London of 1841, the
Treaty of Washington of 1862, and the General Acts of the Berlin (Congo) Conference
of 1885 and of the Brussels Conference of 1890. However, none of these Acts, Treaties
and Declarations mentioned forced labour as such and as an institution distinct from
slavery.
For the sake of clarity of presentation this survey has been divided into four
separate sections, namely : The Work of the League of Nations ; The Work of the
International Labour Organisation ; The Work of the United Nations ; Origin and
Establishment of the Ad Hoc Committee on Forced Labour.

The Work of the League of Nations
Forced labour, in so far as it is analogous to slavery, was the concern of the
League of Nations for several years during the early twenties when this question was
handled mainly in connection with the League's Mandate System.
Obligations under the Covenant and the Mandates.
The Covenant of the League contained no express reference to forced labour.
Article 22 mentioned merely, among the " safeguards... in the interest of indigenous population " of the Territories to be placed under League Mandate, " the prohi-

132

BEPOBT OÏ THE AD HOC COMMITTEE ON FOBCED LABOUB

bition of abuses such as the slave trade ". More specifically, Article 23 of the
Covenant stated—
Subject to and in accordance with the provisions of international conventions
existing or hereafter to be agreed upon, the Members of the League : (a) will endeavour
to secure and maintain fair and humane conditions of labour for men, women and children
both in their own countries and in all countries to which their commercial and industrial
relations extend, and for that purpose will establish and maintain the necessary international organisations....
Accordingly, express provisions were inserted in both B and C Mandates for the
prohibition of forced labour. The Mandate for Tanganyika, for example, contained
the following clause :
The Mandatory . . . (3) shall prohibit all forms of forced or compulsory labour
except for essential public works and services, and then only in return for adequate
remuneration.
The Mandates for Ruanda-Urundi, the Cameroons and Togoland contained
similar provisions.
The Temporary Slavery Commission (1924-1925).
In 1922 the League of Nations decided to hold an enquiry into the whole question
of slavery and for t h a t purpose established, two years later, a Temporary Slavery
Commission.
This Commission held two sessions, in 1924 and in 1925 ; at its Eirst Session, it
agreed that the scope of its enquiry should include " Systems of compulsory labour,
public or private, paid or unpaid ".
In its first report to the Council of the League 1 , the Commission stated that
the question of slavery must be regarded from a comprehensive standpoint, and that
it would endeavour to indicate some practical measures for the gradual suppression
not only of slavery b u t also of analogous forms of servitude.
Its second and final report 2 , submitted to the Council on 25 July 1925,
was divided into eight chapters, one of which was headed " Compulsory Labour,
Public, or Private, Paid or Unpaid ".
In the introductory paragraphs to this chapter of its report the Commission
made the two following statements :
Since the general regulation of labour conditions is not included in the programme
of the Commission, it considers that it should confine itself to examining the question
of compulsory labour and should in that connection suggest only general principles,
capable of application by all States.
It should be clearly understood that this Chapter does not refer to compulsory
labour awarded by sentence of a court.3
According to the report, compulsory labour in the public interest, as imposed
in colonies and mandated territories, fell into three different categories.
In most colonies in which the native population constitutes the sole labour
available for public works, it is usual to have recourse to some form or other of compulsory labour in the public interest. Sometimes this is imposed for occasional or periodical
1
a
3

League of Nations document A.17.1924.VX
League of Nations document A.19.1925.VI.
Ibid., paragraphs 98 and 99.

APPENDIX I : STTBVEY OF rtïTEHSTATIONAL ACTION

133

local services (corvées), in which case it is generally unremunerated ; and sometimes
*or services o± a rather more genera^ Ciiaracuer, m tiiô XUAXU OX ¿evies âiccorciiiig to regulations, in most cases remunerated.
Obligations of this kind appear to have been admitted in principle by every people
and a t every time. They are still imposed a t the present day on the home population
of several European States in which, however, the existing economic and social conditions make it possible to give to their fulfilment a purely theoretical form. . . .
On the other hand, work of general interest . . . such as the construction and
up-keep of roads, rest-houses, markets and telegraph lines . . . which may necessitate
the removal of the labourers to a considerable distance from their homes for a longer
or shorter period, is generally r e m u n e r a t e d . . . .
I n a third category of forced labour should be placed the labour levies sometimes
made by requisitioning for exceptional tasks of public utility requiring a considerable
amount of labour for a very long period, such as the construction of railways, ports and canals. Whenever social, economic or political circumstances oblige the colonial Governments
to have recourse to action of this kind, the information furnished to the Commission
is to the effect that the local authorities pay the workmen and provide for their food,
lodgings, medical attendance, repatriation, e t c . . . .*
As to compulsory labour for the benefit of private enterprises, including those
in which Governments participate, the Commission's report noted t h a t in some
colonies the law contemplates " t h e possibility of private enterprise availing itself
of p a r t of the Native labour obtained b y the application of the compulsory labour laws".
The case in point is that of Natives who are alleged to have insufficient means of
support, and the law lays down that, both in their own and in the general interest, they
should be compelled to work for specified periods and under specified conditions.
Subject to this exception, no trace has been found of legislation authorising the
principle of compulsory labour for the benefit of private persons or private enterprises.
This principle has, on the contrary, been categorically condemned in almost all the
European colonies and in the mandated territories.
When, however, the authorities intervene in the recruiting of Native labour for
private enterprises, they do so in most cases only to assist by the introduction of a n
element of moral pressure in order to provide labour when circumstances require it.
Practices, however, apparently based on the principle of forced labour for private
employers but not sanctioned by law have actually existed in some countries. The
Portuguese Government's memorandum mentions t h a t such practices existed in Mozambique . . . but they were forbidden by a decision of December 7th, 1906, which was
rendered applicable to all Portuguese possessions in 1921. 2
After this review of the situation, the Temporary Slavery Commission formulated its suggestions as follows :
While recognising that in certain circumstances compulsory labour may be admissible, subject to certain guarantees, and that the Governments may be obliged in certain
definite conditions to have recourse to it, the Commission, realising the necessity of
putting an end to the abuses still occasionally involved by this practice which tend,
where found, to make forced labour a more or less disguised form of slavery, recommends
that, by analogy with the clauses inserted in B and C Mandates, " all forms of compulsory
or forced labour should be prohibited except for essential public works and services, a n d "
(unless this proves utterly impossible) " then only in return for adequate remuneration ". The Commission recognised, further, that the States remain free to define what
they understand b y " compulsory labour " and by the term " essential public works and
1
2

League of Nations document A.19.192S.VT, paragraphs 100, 101, 106, 107.
Ibid., paragraphs 108-111.

134

BEPOKT OF THE AD HOC COMMITTEE ON FOECED LABOUR

services " and to issue such regulations as may appear to them equitable and suitable,
having regard to circumstances of time and place, concerning the recruiting and
treatment of workers.
The obligation placed on the Native to -work on his own land, for his own sole
benefit, may be permissible so long as it is primarily an educative measure, or can be
justified as an economic necessity if there is danger of a deficiency of food. In the
opinion of the Commission, this is a matter in which each State would exercise its own
discretion... .*
In submitting its report to the League Council, the Temporary Slavery Commission stated that in the opinion of the majority of its Members " an international
convention on slavery was desirable ". Such a convention, it was suggested, might
embody ten subject-matters (thereafter specified by the Commission) one of these
being " prohibition of forced or compulsory labour, except for essential public works
and services and in return for adequate remuneration ". a
With this report the Temporary Slavery Commission concluded its work.
The International Slavery Convention (1926).
On 26 September 1925, on the recommendation of its Sixth Committee, the
Assembly decided that an international convention would be the best means of
giving effect to the suggestions made by the Temporary Slavery Commission.
A year later, on 25 September 1926, four resolutions were adopted by the
Assembly.3
By the first of those resolutions the Assembly approved the text of a Slavery
Convention drafted by its Sixth Committee.
In the second the Assembly expressed the desire that the League of Nations
should continue to interest itself in securing the progressive abolition of slavery and
" conditions analogous thereto " and laid down for the Council the procedure to be
undertaken in this respect.
The third and fourth resolutions were devoted specifically to forced labour.
They were worded as follows :
HI. The Assembly,
While recognising that forced labour for public purposes is sometimes necessary ;
Is of opinion that, as a general rule, it should not be resorted to unless it is impossible to obtain voluntary labour and that it should receive adequate remuneration.
TV. The Assembly,
Taking note of the work undertaken by the International Labour Office in conformity with the mission entrusted to it and within the limits of its Constitution ;
Considering that these studies naturally include the problem of forced labour :
Requests the Council to inform the Governing Body of the International Labour
Office of the adoption of the Slavery Convention, and to draw its attention to the importance of the work undertaken by the Office with a view to studying the best means of
preventing forced or compulsory labour from developing into conditions analogous to
slavery.
Signed in Geneva on 25 September 1926 by the representatives of 36 States
the Slavery Convention 4 was ultimately ratified or acceded to by 41 States.
1
3

League of Nations document A.19.1925.VI, paragraphs 112 and 114.
Ibid., p. 2.
League of Nations document A.123.1926.VI.
4
League of Nations document C.586.M.223.1926.VI.

APPENDIX I : SUBVEY O ï IOTEBNATIONAL ACTION

I n this Convention a special paragraph, in its Preamble a n d one
I *-•)•• i „

r\ „ — j „ j . -

x „ j x „ xi.„ „

„„x-

135
Article

„ f i „ . „ „ j Inl-,™-,-..

The paragraph of the Preamble concerned reads :
Considering, moreover, t h a t it is necessary to prevent forced labour from developing into conditions analogous to s l a v e r y . . . .
Article 5 is as follows :
The High Contracting Parties recognise that recourse to compulsory or forced
labour m a y have grave consequences and undertake, each in respect of the territories
placed under its sovereignty, jurisdiction, protection, suzerainty or tutelage, to take all
necessary measures to prevent compulsory or forced labour from developing into conditions analogous to slavery.
I t is agreed that :
(1) Subject to the transitional provisions laid down in paragraph 2 below, compulsory or forced labour may only be exacted for public purposes.
(2) I n territories in which compulsory or forced labour for other than public
purposes still survives, the High Contracting Parties shall endeavour progressively and
as soon as possible to put an end to the practice. So long as such forced or compulsory
labour exists, this labour shall invariably be of an exceptional character, shall always
receive adequate remuneration, and shall not involve the removal of the labourers from
their usual place of residence.
(3) I n all cases, the responsibility for any recourse to compulsory or forced labour
shall rest with the competent central authorities of the territory concerned.
I n Ms report to the Assembly, tho Rapporteur of the Sixth Committee pointed
out t h a t in drafting this article " t h e Committee confronted perhaps t h e most
difficult task of t h e problems before it " :
. . .the present drafting (of Article 6) . . . represents a definite attempt to deal with
the question of forced labour in a general international agreement. This alone marks
progress of considerable importance.
The Committee was very anxious to put into the Convention all the provisions
necessary to prevent forced labour giving rise to conditions analogous to slavery. With
this object in view, it has agreed that forced labour should only be resorted to for public
purposes, apart from purely transitory arrangements designed to make the progressive
abolition of forced labour for private purposes both just and practicable. I n this
connection it will be observed that stringent conditions are imposed on forced labour
for private purposes even during the transitory period. Among these conditions is the
requirement that adequate remuneration should be paid to those subjected t o forced
labour. I n the case of forced labour for public purposes, this condition is not repeated.
This omission has been made because there are cases where forced labour for public
purposes is not remunerated in the ordinary sense of that word. For instance, in certain
countries labour for public purposes is accepted instead of taxes. There are also other
exceptional cases in which it could scarcely be said that compulsory labour for public
purposes is, strictly speaking, remunerated. But though the requirement that adequate
remuneration should be paid for forced labour for public purposes is not included in
the Convention, the Committee is strongly of opinion t h a t such remuneration should as
a general rule be paid. I t is also of opinion t h a t forced labour, even for public purposes,
should not as a general rule be resorted to unless voluntary labour is unobtainable. I t
therefore suggests that the Assembly should pass a resolution to this effect, which I
shall subsequently propose and which is based on a proposal by the German delegation. 1
1

League of Nations document A.104.1926.VI, p. 2.

136

BEPOBT OS THE AD HOC COMMITTEE ON POBCED LABOUR

The Commission

of Enquiry

in Liberia

(1930).

I n 1929 a special international Commission was set u p under t h e authority of
the Government of Liberia with the co-operation a n d participation of the League
of Nations, t o enquire into certain allegations which h a d been made as t o " conditions of slavery a n d forced labour existing in t h a t country " .
This Commission undertook its work in April 1930 ; its r e p o r t 1 was transmitted
b y t h e l i b e r i a n Government t o the Secretary-General of t h e League in December
1930.
B y its t e r m s of reference 2 the Commission was empowered, inter alia, t o
ascertain—
(d) To what extent compulsory labour exists as a factor in the social and industrial
economy of the State, either for publie or private purposes, and, if it does exist, in what
manner it has been recruited and employed whether for public or private purposes.
(f) Whether the labour employed for private purposes on privately owned or leased
plantations is recruited by voluntary enlistments or is forcibly impressed for this service
by the Liberian Government or by its authority.
(g) Whether the Liberian Government has a t any time given sanction or approval
to the recruiting of labour with the aid and assistance of the Liberian Frontier Force, or
other persons holding official positions or in Government employ, or private individuals
have been implicated in such recruiting with or without Government's approval.
The report also contained t h e following statements :
The Anti-Slavery Convention, while regarding forced or compulsory labour as
fully within its purview, did less in defining than in describing the field . . . it appears
that the problem has not been so much one of what shall be considered a prohibited
status, as of the conditions which make measures of forced labour necessary ; how much
of it can be allowed ; and how rapidly the necessity for it can be diminished. . . .
Throughout recent discussions on forced labour in the more advanced administrations in tropical Africa, certain principles are outstanding, based upon the view that
an important ultimate effect of forced labour is to discourage voluntary effort... and,
quite apart from t h e rights of Natives to freedom from external and arbitrary exactions
in which their own welfare is secondary, administrations are now giving attention to the
nature of the work itself for which compulsion seems to be required, the question of
when compulsion is justified, and the measure of it which is justifiable.
. . . While it is realized t h a t in tropical African States and Dependencies where
advanced and backward cultures are in contact there is a certain educative advantage
in compulsory labour ; it is, a t the same time, recognised that these ends are defeated
and may degenerate into conditions analogous to slavery, if unguided by strict policies
of just and considerate treatment. . . . 2
The Commission's findings in regard to the above quoted terms of reference
were the following :
1. The Commission finds t h a t forced labour has been made use of in Liberia
chiefly for motor road construction, for building civil compounds and military barracks,
etc., and for porterage. That this labour has been wastefully recruited and used,
frequently under conditions involving systematic intimidation and ill-treatment on
the part of Government officials, messengers and Frontier Force Soldiers. . . . That
none of this labour has been paid. . . .
1

League of Nations document C.658.M.272.1930.VI.
"Ibid., p. 47.

APPENDIX I : SUBVEY OF INTERNATIONAL ACTION

137

2. The Commission finds that labour employed for private purposes on privately
owned plantations has been irrroressed foi> f.Viis servino on the authoritv of hish Government officials. . . .
3. The Commission finds that . . . high officials of the Liberian Government . . .
have given their sanction for the compulsory recruitment of labour for road construction. .. and have condoned the utilisation of this force for purposes of physical
compulsion on road construction, for the intimidation of villagers, for the humiliation
and degradation of chiefs, for the imprisonment of inhabitants, and for the convoying
of gangs of captured natives to the coast, there guarding them till the time of shipment.1
After the presentation of this report by the Commission of Enquiry in Liberia,
practically no other -work in the field of forced labour was undertaken by the League
of Nations. A new body—the Advisory Committee of Experts on Slavery—was
established by the League Assembly in 1932. The Committee, however, did not
deal with forced labour, since this question had been expressly excluded a from the
list of tasks assigned to it.

The Work of the International Labour Organisation
As has been mentioned in the preceding section3, the Assembly of the League
of Nations, when adopting the Slavery Convention in 1926, also adopted two resolutions supplementing the Convention, one of which drew the attention of the International Labour Office to the importance of the work on which it was engaged in
preventing forced or compulsory labour from developing into conditions analogous
to slavery.
The International Labour Office had, in fact, been studying the problem for
some time. As long ago as 1922 it had been interested in labour problems in the
colonies and mandated territories. A Committee of Experts on Native Labour
was set up by the Governing Body in May 1926 and this Committee classed the
questions of forced and long-term contract labour among the first on which some
international action might be taken.
The Office then drew up a report dealing with forced labour, which the Committee of Experts studied and revised in July'1927. It was subsequently submitted
to the 12th Session of the International Labour Conference in 1929, together with
a draft questionnaire for submission to Governments preparatory to an international
Convention.4
The following year, a second report was placed before the 14th Session of the
Conference, analysing the replies from Governments to the questionnaire adopted
in 1929 and containing the first draft of a Convention. On 28 June 1930, the Conference approved the final text of Convention No. 29 concerning forced or compulsory labour, Recommendation No. 35 concerning indirect compulsion to labour
and Recommendation No. 36 concerning the regulation of forced or compulsory
labour.
The Forced Labour Problem in 1929
When Convention No. 29 was drawn up by the I.L.O., it was virtually in dependent territories alone (in colonies and mandated territories) that the problem of
1

League of Nations document C.658.M.272.1930.VI, p. 84.
See Annex to Resolution of 12 October 1932, League of Nations Official Journal for Nov. 1932.
3
See above, p. 134.
4
International Labour Conference, 12th Sosssion, Geneva, 1929 : Forced Labour, Report and Draft
QueMimwaire (Geneva, I.L.O., 1929).
2

138

KEPOBT OF THE AD HOC COMMITTEE ON FORCED LABOUR

forced labour had caught the public eye. As a result, these were the territories
mainly covered in the 1929 report just mentioned. Compulsory military service
and convict labour proper were ignored ; from other fields the report simply quoted
some specific instances of compulsory labour in various independent countries.1
In its very detailed survey of the law and practice in matters of forced labour,
the report distinguished 2 between three " purposes for which compulsion is
employed " ; these were forced labour for general public purposes, forced labour
for local public purposes and forced labour for private employers.
Forced Labour for General Public Purposes.
Under this heading, the report included the requisitioning of labour for public
works, compulsory porterage, the use of forced labour in emergencies, compulsory
cultivation and forced labour in various other more specific forms.
The report showed that in a number of dependent territories forcible recruitment was a customary or subsidiary means of obtaining labour for public works
such as the construction and maintenance of railways, roads, bridges, dams, harbour
facilities, telegraph and telephone lines and other installations needed for the administration of the country or for use in its development. I t was in this form, according
to the report 3 , that forced labour gave rise to the greatest evils and lent itself to
the most serious abuses, particularly if workers were recruited far away and for
long periods.
Compulsory porterage made up for inadequate communications. It was mainly
used for the transport of Government officers and their baggage, Government
stores and essential material, but it was also used at times for transporting materials to construction sites or carrying produce to ports or railway stations. The
report quoted* a number of accounts showing the unpopularity and economic wastefulness of forced labour of this kind.
Forced labour " in emergencies " was taken by the report to mean statute
labour required of the population to prevent or combat famine, infectious or contagious diseases, both in human beings and animals, the spread or invasion of animal
or insect pests, fires, floods or other disasters.
Several territories had a system of compulsory cultivation in the form of an
obligation " to till, sow and reap the crop on a certain area of land, or to plant and
tend certain trees or certain specified crops ". 5 This system was variously used
as a means of fighting or preventing famine, of expanding the economy of the territory, and hence of promoting its general welfare, and of imparting agricultural
training.
Forced Labour for Local Public Purposes.
In the 1929 report, this heading mainly covered various types of services or
statute labour required of the local population to protect their health (cleaning
of village streets, disposal of refuse and so on), to prepare and maintain communications (footpaths, tracks and secondary roads) or to meet other local needs
(construction and maintenance of local Government buildings, resthouses, schools,
etc.). This heading also included the fairly frequent case of compulsory labour
1
International Labour Conference, 12th Session, Geneva, 1929 : Forced Labour, Report and Draft
Questionnaire (Geneva, I.L.O., 1929), pp. 135-138, 188-189 and 224-229 (Abyssinia, Bolivia, Guatemala,
Liberia, Paraguay, Peru and the United States).
'Ibid., p . 21.
'Ibid., pp. 248-251 and 260-262.
l
Ibid., pp. 261-252.
"Ibid., pp. 276-277.

139

A P P E N D I X I : S U B V E Y OF I N T E E N A T I O N A L ACTION

for the local chief as head of t h e community, either for t h e benefit of t h e commun i t y cr for t h e personal profit of t h e chief himself.
While admitting t h a t i n certain cases forced labour for local public purposes
m a y place a very heavy burden on indigenous populations, the report observed
t h a t forced labour of this t y p e has fewer disadvantages, b o t h psychologically a n d
socially, in t h a t it does not involve protracted absence far from home, i t does not
raise a n y food or housing problem a n d the population realise more fully w h a t t h e y
s t a n d t o gain from their activities.
Forced, Labour

for Private

Employers.

Under this heading, t h e 1929 report considered various methods of direct or
indirect compulsion used or countenanced b y t h e authorities t o overcome " the
difficulties of a n inadequate labour supply ", 1 Among them, t h e report mentioned
more particularly—
(i) the compulsory labour which big landowners can exact by law or custom from
the population on their lands 2 ;
(ii) a general legal obligation to work, every inhabitant being required to take u p
work if he is not already working on his own account or in another's service 3 ;
(iii) the system of colonial concessions, either tacitly or expressly according a concessionaire the right to requisition labour or require the indigenous population to
deliver certain products 4 ;
(iv) recruitment by officials of the Administration B •—a method which, it is generally
agreed, " easily degenerates into forced labour " 6, since it is difficult to draw a
dividing line between an encouragement and a command ;
(v) prison labour for private employers ' ;
(vi) taxes levied on indigenous populations with the object of inducing them to enter
an employer's service and so obtain the money needed for the taxes 8 ;
(vii) vagrancy and pass laws so devised and implemented that they indirectly force an
individual to work by handicapping those not in another's service as compared
with those who are. 6
Law and, Practice.
The 1929 report made t h e following general observations on t h e progress m a d e
in legislation 1 0 :
Forced labour has thus led to a large amount of national legislation, ranging from
its. total prohibition in certain forms to the more or less strict regulation of other
forms. The early legislation in each area usually takes the form of a n authorisation
permitting the Administration or its officials, sometimes also private persons or companies, to have recourse to it. Legislation of a second stage has been motived not only
b y concern for order and for the practical efficiency of this form of labour, but also,
1
I n t e r n a t i o n a l Labour Conference, 12th Session, Geneva, 1929 : Forced Labour,
Questionnaire (Geneva, I.L.O., 1929), p . 190.
"Ibid., p p . 203-205 a n d 286.
"Ibid., p p . 206-209, 212-213, 221-222, 223 a n d 286.
'Ibid., p p . 198-199, 201-202, 226-227 a n d 289-290.
6
Ibid., p p . 190-193, 197-198, 210-211, 213, 218-220, 223-224 a n d 287-289.
»Ibid., p . 190.
"Ibid., p p . 227-229.
'Ibid., p p . 211-212, 213-214, 221, 223 a n d 290.
'Ibid., p p . 194, 199-200 a n d 290-291.
"Ibid.,
p . 2ä6.

Beport and

Draft

140

BEPOKT OF THE AD HOC COMMITTEE ON FOKCED LABOUR

and probably principally, by the desire to avert as far as may be possible the abuses
which have arisen in the past and the evils which have been associated with it.
On the other hand, the report observed elsewhere 1 that—
Since forced labour exists for the most part in areas where administration is
as yet admittedly incomplete and where public opinion is negligible, there tend to
be—in fact it can be said that there are—greater discrepancies between the intent of
legislation on the matter and the methods or effects of its application than is the case
in general.
This vast enquiry nevertheless revealed that, over a period of years, there
had been a tendency in both law and practice to eliminate the most marked and
brutal forms of forced labour in dependent territories. Public opinion had been
a moving force ; the majority of the general public realised the serious drawbacks
of these practices from both the social and the human standpoint and recognised
that they were more a demoralising element than an educative influence and that
the economic value of forced labour was, on balance, most debatable. 2 The stage
was therefore set, if not for the immediate and total abolition of compulsory labour
in every form, whether direct or indirect, at least for international regulations
banning the most reprehensible methods and paving the way for a gradual elimination of tolerable practices, while making them subject to restrictive regulations
in order to avoid abuses.
This was the purpose of Convention No. 29 adopted by the International
Labour Conference on 28 June 1930.
Convention No. 29 concerning Forced or Compulsory Labour, Recommendation No. 35
concerning Indirect Compulsion to Labour and Recommendation No. 36 concerning
the Regulation of Forced or Compulsory Labour
For the purposes of the Convention, the term " forced or compulsory labour " 3
was taken to 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 ".
The Convention draws distinctions between the various forms of forced labour
covered by this general definition. Some practices are authorised without reserve
by being excluded from the general definition, others are immediately prohibited
once the Convention has been ratified, while others, again, are countenanced as a
transitional measure, but are subject to restrictive regulations.
1
International Labour Conference, 12th Session, Geneva, 1929 : Forced Labour, Report and Draft
Questionnaire (Geneva, I.L.O., 1929), p. 230.
2
See Chapter VI (pp. 232-255) of the 1929 report : " Opinions on the Value and Effects of Forced
Labour
and on the Necessity for its Regulation ".
a
This compound expression was the product of a compromise. To avoid any possible confusion
with the general concept of travaux forcés (penal servitude), the French Government wanted the expression to be travail public obligatoire (compulsory public labour). Others, however, wished to distinguish
between compulsory labour based on a moral obligation, and hence legitimate, and forced labour. The
United Kingdom Government also wanted to allow for the fact that, in certain territories, the term
" forced labour " referred to labour levied by the European authorities for important public works,
whereas the term " compulsory labour " was reserved for more customary services for local public
purposes. To overcome tne difficulty of finding distinct and generally accepted definitions for the terms
" forced labour " and " compulsory labour " or of agreeing on the general use of one of them, it
was finally decided to use them simultaneously and synonymously. International Labour Conference
14th Session, Geneva, 1930 : Report on Forced Labour (Geneva, I.L.O., 1930), pp. 133-134). This foEowed
the terminology already used by the League of Nations in the mandates of types " B " and " C " and
in Article 5 of the 1926 Slavery Convention.

APPENDIX I : SURVEY OP INTEBNATIONAL ACTION

141

Exceptions to the General Definition.
Article 2, paragraph 2, lists and defines the forms of compulsory labour which
are excluded from the general definition and are consequently not banned or regulated by the Convention—
(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.
Immediate Prohibition of Forced Labour.
The aim of the Convention is the immediate abolition of forced or compulsory
labour " for the benefit of private individuals, companies or associations "
(Article 4). 1 More specifically, it states that " 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 " (Article 5).
Article 6 also forbids officials of the administration to oblige a population or any
of its individual members to work for private individuals, companies or associations. Furthermore, local chiefs are not allowed to use compulsory labour or enjoy
personal services except in the cases and subject to the conditions specified in
Articles 7 and 10.
Further weight to this ban on forced labour for the benefit of private persons
or companies is lent by Recommendation No. 35 concerning indirect compulsion to
labour. Paragraph I suggests that, in their projects for the economic development of
primitive territories, States Members should bear in mind the amount of labour
available, the capacities for labour of the population and the evil effects which too
sudden changes in the habits of life and labour may have on the social conditions
of the population. Paragraph I I points to—
The desirability of avoiding indirect means of artificially increasing the economic
pressure upon populations to seek wage-earning employment, and particularly such
means as—
(a) imposing such taxation upon populations as would have the effect of compelling
them to seek wage-earning employment with private undertakings ;
1

See also the reservation at the end of Article 2, paragraph 2 (c), quoted abovo.

142

BEP0BT OF THE AD HOC COMMITTEE ON FORCED LABOtTE

(b) imposing such restrictions on the possession, occupation, or use of land as would
have the effect of rendering difficult the gaining of a living by independent cultivation ;
(c) extending abusively the generally accepted meaning of vagrancy ;
(d) adopting such pass laws as would have the effect of placing workers in the service
of others in a position of advantage as compared with that of other workers.
Paragraph I I I stresses—
The desirability of avoiding any restrictions on the voluntary flow of labour from one
form of employment to another or from one district to another which might have the
indirect effect of compelling workers to take employment in particular industries or
districts, except where such restrictions are considered necessary in the interest of
the population or of the workers concerned.
Apart from forced labour for the benefit of private individuals or companies,
the Convention also prohibits forced or compulsory labour imposed as a collective
punishment on a community for crimes committed by any of its members
(Article 20) and also forced or compulsory labour for work underground in mines
(Article 21).
Forced Labour Countenanced as a Transitional Measure.
Under Article 1, States ratifying the Convention undertake " to suppress the
use of forced or compulsory labour in all its forms within the shortest possible
period ". Paragraph 2 of this Article lays down that, pending 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 laid down in the Convention. Paragraph 3 provides that,
after five years, the Governing Body of the International Labour Office " 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 ".
The conditions and guarantees to which the Convention subjects the use of
forced labour during the transitional period 1 appear in Articles 8 to 21. Some are
general and cover all the forms of forced labour provisionally countenanced ; others
concern certain special practices.
General Bules.
According to Article 8, the power to exact forced or compulsory labour is
vested in the highest civil authority of the territory concerned, though it may, in
certain cases, delegate that power to the highest local authorities.
Article 9 lays down that, before deciding to have recourse to forced or compulsory labour, the competent authority must 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
'This transitional period has not yet ended, as will be seen from a later section.

APPENDIX I : SURVEY OE INTERNATIONAL ACTION

143

(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 11 lays down various conditions limiting the persons or types of persons
who may be called upon for forced or compulsory labour. Article 12 limits the
period for which any person may be taken for forced or compulsory labour of any
kind to 60 days in any one period of 12 months.
The succeeding Articles govern working hours and weekly rests (Article 13),
remuneration (Article 14), compensation for accidents or sickness arising out of
the employment of the worker (Article 15) and the transfer of persons subjected to
forced labour (Articles 16 and 17).
To give effect to the Convention, the competent authority is required to issue
complete and precise regulations 1 governing the use of forced or compulsory
labour (Article 23).
Special Bules.
The Convention lays down special rules for—
(i) forced or compulsory labour exacted as a tax or used for the execution of
public works by chiefs who exercise administrative functions (Article 10) ;
(ii) forced or compulsory labour for the transport of persons or goods, e.g., the
labour of porters or boatmen (Article 18) ;
(iii) compulsory cultivation (Article 19).
Convention No. 50 concerning the Regulation of Certain Special Systems
of Recruiting Workers and Recommendation No. 46 concerning
the Progressive Elimination of Recruiting
The problem of recruitment held the attention of the I.L.O. Committee of
Experts on Native Labour even during the preparatory work on the Forced Labour
Convention. The report on forced labour submitted in 1929 to the 12th Session
of the International Labour Conference pointed to the various methods used to
overcome a lack of manpower, noting that it is not always possible to indicate
" whether the methods employed are in fact tantamount to compulsion. This is
especially the case, for example, where recruiting is carried out by officials of the
Administration." 2 Elsewhere 3 , the same report observes that in such matters
" the line between encouragement and command is a narrow one ", one reason
being that " it is clearly difficult for people at a low stage of social development to
perceive the exact difference between encouragement and command, when they
come from the mouth of those entitled to command ". 4
No attempt was made, however, to extend the Forced Labour Convention to
recruiting, only Article 6 having any bearing on the problem.5
The Committee of Experts on Native Labour took up the question in 1930 and
it was discussed in 1935 at the 19th Session of the International Labour Conference
1
Recommendation No. 36 suggests a number of ways in which such regulations might be widely
circulated among the indigenous population.
2
Op. cit., p. 190.
3
Ibid., p. 289.
'Ibid., p. 288.
6
See above, p. 141.

144

BEPOET OP THE AD HOC COMMITTEE ON FOBCED LABOUE

on the basis of a report entitled The Becruiting of Labour in Colonies and in Other
Territories with Analogous Labour Conditions.
This was the origin of Convention No. 50 concerning the regulation of certain
special systems of recruiting workers, adopted by the Conference on 20 June 1936.
Unlike the Convention concerning forced or compulsory labour, whose application is not limited to certain types of territories or workers, Convention No. 50
relates only to the recruiting of indigenous workers (Article 1), who are denned as
" workers belonging to or assimilated to the indigenous populations of the dependent territories of Members of the Organisation and workers belonging to or
assimilated to the dependent indigenous populations of the home territories of
Members of the Organisation " (Article 2 (b)).
In the Convention, the term " recruiting " includes " all operations undertaken
with the object of obtaining or supplying the labour of persons who do not spontaneously offer their services at the place of employment or at a public emigration or
employment office or at an office conducted by an employers' organisation and
supervised by the competent authority " (Article 2 (a)).
Recruiting so defined is neither prohibited nor condemned in principle by
the Convention, which simply regulates it so as to prevent abuses and protect the
community concerned as well as those who are recruited. One of the aims of many
of the clauses is to prevent recruiting from being associated with compulsion and from
degenerating into forced labour. As an instance, Article 4 requires the competent
authority to take such measures as may be practicable and necessary " to avoid
the risk of pressure being brought to bear on the populations concerned by or on
behalf of the employers in order to obtain the labour required ". According to
Article 7, " the recruiting of the head of a family shall not be deemed to involve
the recruiting of any member of his family ". Since any participation in recruiting
operations by Government officials in fact involves some risk of compulsion,
Article 9 prohibits public officials from recruiting " for private undertakings either
directly or indirectly, except when the recruited workers are to be employed on
works of public utility for the execution of which private undertakings are acting
as contractors for a public authority ". For similar reasons, Article 10 forbids
chiefs and other indigenous authorities to " act as recruiting agents, exercise pressure
upon possible recruits or receive from any source whatsoever any special remuneration or other special inducement for assistance in recruiting". The recruiting
activities of professional recruiters, employers or those acting on their behalf are
limited by licences and subject to administrative supervision (Articles 11-16).
Recommendation No. 46 concerning the progressive elimination of recruiting,
adopted at the same time as this Convention, also suggests a number of ways of
hastening such elimination and of developing the spontaneous offer of labour.
Convention No. 64 concerning the Regulation of Written Contracts of Employment
of Indigenous Workers and Convention No. 65 concerning Penal Sanctions
for Breaches of Contracts of Employment by Indigenous Workers
The Committee set up by the 12th Session of the International Labour Conference to investigate the problem of forced labour realised as long ago as 1929 that
the decisions on forced labour whose adoption it suggested would be inadequate to
eliminate every type of compulsion in the employment of indigenous labour. It
consequently produced a resolution, which the Conference endorsed, inviting the
International Labour Office " to undertake all necessary studies on all the other
cases of compulsion to labour with a view to the question of their complete abolition being placed on the agenda of one of the next sessions of the International

A P P E N D I X I : SrjBVBY O F I N T E R N A T I O N A L ACTION

145

Labour Conference with the shortest possible delay "-1 This resolution was partiCUIB-TI'0' concerned with lon^-term contracts.
In 1932 the Conference adopted a similar resolution in which specific reference
was made to the problems of recruiting and of " long-term labour contracts, the
breaking of which involves penal sanctions "- 1
After the question of recruiting had been settled in 1936 by the adoption of
Convention No. 50, the I.L.O. Committee of Experts on Native Labour turned its
attention to the problem of contracts of employment, with the idea in mind that
indigenous workers should be given as great a degree of liberty as possible, both in
law and practice. Two questions were the subject of particular attention—the
length of long-term contracts and the penalties for breach of contract.
As the I.L.O. observed in the report it published in 1937 on the regulation
of contracts of employment of indigenous workers 2 , long-term contracts may
have their advantages for the worker as well as the employer, who can recover his
recruiting outlay while being assured of stable labour. On the other hand, apart
from the social drawbacks inherent in such contracts when the worker leaves his
family behind him, this method of recruiting may result in serious limitations on
the freedom of employment, particularly if the worker was unable to appreciate the
implications of his undertaking when the contract was concluded or if there was
a certain amount of actual compulsion in the recruiting operation. Liberties are
even more endangered if the worker cannot terminate his contract, or has very
little chance of doing so, before the period actually expires or if, by breaking it,
he runs the risk of heavy penalties, such as may be found in much colonial legislation. " There can be no doubt ", it was stated in the I.L.O. report 3 , " that the
impossibility for the worker to liberate himself from his obligations under a longterm contract gives to the contract, almost as much as do the penal sanctions, the
character of an instrument restrictive of personal liberty ".
Like the problem of recruiting, the double question of penalties and long-term
contracts was therefore not entirely unrelated to the problem of forced labour
properly so-called.
One of the objectives of the regulations in Convention No. 64 concerning the
regulation of written contracts of employment of indigenous workers 4 was therefore
to eliminate any element of compulsion from such contracts. Hence, when a contract is concluded for six months or more, or when it stipulates conditions of
employment materially different from customary conditions, the contract must be
made in writing (Article 3). Article 5 provides that the written contract has to
settle several points of particular importance to the worker (such as the name of
the employer, the undertaking and the worker, the place and duration of the
employment, the place of engagement and place of origin of the worker, the wage
rate and manner of payment and the conditions of repatriation). Under Article 6,
the validity of the contract is made conditional upon the attestation of a public
officer, one of whose duties is to " ascertain that the worker has freely consented
to the contract and that his consent has not been obtained by coercion or undue
influence or as the result of misrepresentation or mistake ". The officer must
also satisfy himself that " the worker has fully understood the terms of the
contract before signing it or otherwise indicating his assent ". Under Article 10,
1
i n t e r n a t i o n a l Labour Conference, I 9 t h Session, Geneva, 1935 : The Recruiting of Labour in Colonies
and in Other Territories with Analogous Labour Conditions (Geneva, I.L.O., 1935), p . 2.
2
International Labour Conference, 24th Session, Geneva, 1938 : Regulation of Contracts of Employment of Indigenous Workers (Geneva, I.L.O., 1937), p p . 10-11, 128-131, 149-150 a n d 197-198.
'Ibid., p p . 149-150.
4
Article 1 defines an indigenous worker in tho same t e r m s as t h e Convention o n recruiting (see
above p . 144).

146

BEPOBT OF THE AD HOC COMMITTEE OK FOBCED LABOUR

similar rules apply to the transfer of any contract from one employer to another,
the consent of the worker being necessary for the transfer. Article 4 lays down
that " no contract shall be deemed to bo binding on the family or dependants of
the worker unless it contains an express provision to that effect ". Article 12
makes provision for the premature termination of contracts, and Articles 13 and 14
cover the repatriation of workers on the expiry of their contracts.
Convention No. 64 does not itself fix any maximum length for long-term contracts. Article 9, however, requires the maximum period of service to be prescribed
by each State in regulations, and certain maximum periods are advocated in a
Recommendation (No. 58) adopted at the same time as the Convention.
Later on, however, this point was taken up again and is now covered by Convention No. 86 concerning the maximum length of contracts of employment of
indigenous workers 1 , adopted by the International Labour Conference on 11 July
1947. Article 3 of this additional instrument lays down a maximum period of service
of one, two or three years, depending on whether the employment involves a long
and expensive journey and whether the worker is accompanied by his family. Where
the worker is to be employed in a territory other than that in which the contract
is concluded, the period of service must not exceed the maxima prescribed by the
regulations of both territories (Article 4).
Convention No. 65 concerning penal sanctions for breaches of contracts of
employment by indigenous workers calls for the progressive and speediest possible
abolition of all such penal sanctions. 1 I t further provides for the immediate abolition
of all such penal sanctions for non-adult persons under a minimum age to be
prescribed by law or regulations.
The Convention defines the expression " breach of contract ", in Article 1,
paragraph 2, as—
(a) any refusal or failure of the worker to commence or perform the service stipulated
in the contract ;
(b) any neglect of duty or lack of diligence on the part of the worker ;
(c) the absence of the worker without permission or valid reason ; and
(d) the desertion of the worker.
Entry into Force and Application of Conventions Nos. 29, 50, 6,4 and 65
As is laid down in Article 28, Convention No. 29 concerning forced or compulsory
labour entered into force 12 months after the ratifications of two Members*(Ireland
and Liberia) had been registered, i.e., on 1 May 1932. The ratifications of these
two countries were followed by those of Sweden and the United Kingdom (1931),
Australia, Bulgaria, Denmark, Japan, Norway and Spain (1932), Chile, the Netherlands (and Indonesia) and Yugoslavia (1933), Italy, Mexico and Nicaragua (1934),
Finland (1936), France (1937), New Zealand (1938), Switzerland (1940), Belgium
and Venezuela (1944), Argentina and Ceylon (1950), Greece (1952).
Three of these ratifications—by Belgium, France and the Netherlands—were
accompanied by declarations stating, in accordance with Article 35 of the Constitution of the I.L.O., that the Convention would apply with certain modifications.
Convention No. 50 on recruiting was ratified by Norway in 1937 and by Japan
in 1938 and entered into force on 8 September 1939. I t has also been ratified by
1
For the origin a n d t h e factors motivating this additional Convention, see t h e report s u b m i t t e d b y
t h e International L a b o u r Office to t h e International Labour Conference, 29th Session, Montreal, 1946 :
Proposed International
Labour Obligations in respect of Non-Self-Governing
Territories, p p . 133-137.
See also Report I I I (1) s u b m i t t e d t o t h e Conference a t its 30th Session, Montreal, 1947 : Non-Metropolitan Territories—Proposed
Conventions.

A P P E N D I X I : SURVEY OF I N T E R N A T I O N A L

ACTION

147

the United Kingdom (1939), New Zealand (1947), Belgium (1948) and Argentina
nnw\
Convention No. 64 on contracts of employment 1 and Convention No. 65 on
penal sanctions were ratified by the United Kingdom in 1943 and by Now Zealand
in 1947 and consequently entered into force on 8 July 1948. The same year Belgium
ratified Convention No. 64. More recently, a declaration registered on 12 March
1952 announced that Italy was arranging for the provisions of Convention No. 65
to be applied in the territory of Somaliland which Italy administers.
These four Conventions were therefore formally accepted less rapidly than
was expected. However, as the International Labour Office noted in a report it
published in Montreal in 1944 : Minimum Standards of Social Policy in Dependent
Territories, these international instruments have had a marked effect on colonial
thought and legislation and have fostered the movement in favour of freedom of
employment which had already started before 1930. This is true even outside the
territories formally covered by the regulations, for Conventions of this kind exert
an influence even when their ratification is still pending or has even been rejected.
Some States may furthermore have failed to ratify because they have abolished the
practices in question and their domestic legislation is already in advance of international provisions.2
Two general factors in their turn have had an influence on the application of
these regulations, although in opposite directions. First of all, there was the general
economic crisis of the thirties which reduced the call for labour in colonial territories, as elsewhere. Por many years there was less occasion to employ forced labour,
and this made the transition to a free employment system easier. Later on, however,
there was a revival of compulsory labour owing to the circumstances created by
the war. This occurred not only in non-metropolitan territories but also in a number
of independent countries. While the majority of these emergency measures were
abolished later, they hampered the development which had begun before the war. 3
Until now, the I.L.O. has not felt that this development has made sufficient
progress to consider placing any total ban on every aspect of forced labour and
revising Convention No. 29 to end the period of transition mentioned in Article 1,
paragraph 3. The question has, however, been examined several times, particularly
in 1937 and 1949, when a general report by the Governing Body was issued on the
application of Convention No. 29.4 Each time, however, the conclusion was that
any revision would be premature and that the first call was for a fuller and more
extensive application of the present regulations.
It has been with this in mind that the I.L.O. and the Committee of Experts
on the Application of Conventions and Recommendations have repeatedly drawn
the attention of Governments in recent years to the fact that, despite its origin
and the wording of certain of its clauses, Convention No. 29 was not confined to
non-metropolitan territories alone but also applied to the forms of compulsory labour
to be found in independent countries. Better supervision and, ultimately, fuller
application were also the objectives of the Governing Body when, in 1948, it decided
on a new layout for the annual reports from Governments having ratified Convention.
1
The additional Convention N o . 86 (see above, p . 146) was ratified b y t h e United K i n g d o m i n
1950 and b y Guatemala in 1952. I t entered into force on 13 F e b r u a r y 1953.
2
As a n example, t h e F r e n c h Government informed t h e I.L.O. in a oommunieation d a t e d 12 March
1951 t h a t Convention N o . 65 h a d n o t been ratified because t h e p e n a l sanctions it defined d i d n o t exist
in the French overseas territories, and also " because t h e French Constitution a n d F r e n c h law were more
advanced in m a t t e r s of political a n d social evolution and made no provision for a n y system of discrimin a t i o n against indigenous workers " .
3
See International Labour Conference, 29th Session, Montreal, 1946 : Proposed
International
Latour Obligations in respect of Non-Self-Governing
Territories, p p . 15-22 a n d 38-39.
' A third general report on t h e application of Convention N o . 29 is in course of p r e p a r a t i o n .

148

BEPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

No. 29. The same year, the Governing Body also decided to include the Forced Labour
Convention in the first list of Conventions for which, under Article 19 of the Constitution, reports would be required from States Members not having ratiñed these
Conventions.1
Since the end of the war, as part of a vast programme devoted to social policy
in dependent territories 2 , the International Labour Organisation has also made
repeated efforts to obtain further accessions not only to the Convention on forced
or compulsory labour but also to the Conventions on recruiting, the contracts of
employment of indigenous workers and the penal sanctions for breaches of such
contracts. Recommendation No. 70 concerning minimum standards of social policy
in dependent territories, adopted by the Conference at Philadelphia on 12 May
1944, recalls the essential principles of these four Conventions and their related
Recommendations in Articles 7-16, and invites the States concerned to follow them.
Two years later, at its 29th Session, the Conference passed the following resolution
concerning freedom of labour 3 :
The Conference,
Considering that systems of forced labour and of labour compulsion are contrary
to human dignity, and to the sacred trust and the principle accepted by States responsible for the administration of non-self-governing territories that the interests of the
inhabitants of these territories are paramount,
Considering, nevertheless, that there would be no purpose in duplicating the
Conventions which it has already adopted for the establishment of freedom of labour,
Draws attention to the urgent importance of the general ratification and application by the States responsible for non-self-governing territories, and by other States
where the conditions covered by the Conventions may occur, of the Forced Labour
Convention, 1930, the Recruiting of Indigenous Workers Convention, 1936, the
Contracts of Employment (Indigenous Workers) Convention, 1939, and the Penal
Sanctions (Indigenous Workers) Convention, 1939.4
Even more recently, the International Labour Office has taken further action
along similar lines. At its session in November-December 1951, the Committee
of Experts on Social Policy in Non-Metropolitan Territories recommended that
the Governing Body should suggest to all Governments concerned that they " should
review the subjects covered by I.L.O. Conventions as regards the territories within
their respective jurisdictions with a view to seeing whether further advances in
the position in law and practice can be made, whether further ratifications can be
effected and whether any existing modifications can be withdrawn ". The Governing
Body communicated these suggestions to the Governments concerned.
At the same time, the Committee also proposed that the Governing Body should
examine whether Convention No. 65 on penal sanctions might be supplemented
by a Recommendation providing for—
(a) the immediate abolition of sanctions of a penal nature in connection with women
workers and certain other categories and in respect of certain types of breaches
of contract ;
1
The information on forced labour thus obtained from States not having ratified Convention No. 29
appears in the Summary of Reports on Unratified Conventions and on Recommendations submitted in 1950
to the 33rd Session of the International Labour Conference.
2
In application of this programme, Convention No. 86 was adopted in 1947 to supplement Convention No. 64 (see above, p . 146).
3
When this resolution was examined by the Conference Committee, a member enquired why the
expression " freedom of labour " should be used in connection with four Conventions, only one o£ which
concerned forced labour. In reply, it was explained that the object of these four Conventions was to
reform labour systems which might contain an element of compulsion.
* International Labour Conference, 29th Session, Montreal, 1946 : Record of Proceedings (Montreal,
I.L.O., 1948), p. 539. In the same resolution, the Conference also noted statements made on behalf of
several States in connection with unratified Conventions.

APPENDIX I : SÜBVEY OF INTERNATIONAL ACTION

149

(b) the abolition of all penal sanctions not later than 31 December 1955 ;
(e) the communication oí periodic reports and statistics to the International Labour
Office on the progress being made towards abolition of all penal sanctions.
As a result of this proposal, the Governing Body decided, at a meeting held
on 25 November 1952, to enter the question of penal sanctions for breach of contract
on the agenda of the 37th International Labour Conference, to be held in Geneva
in June 1954.
The Work of the United Nations
The CJiarter and the Universal Declaration of Human Bights
The Economic and Social Council's resolution establishing the Ad Hoc Committee
on Forced Labour refers to the principles of the Charter and to the principles contained in the Universal Declaration of Human Eights. The Committee is instructed
to study the nature and extent of the problem raised by the existence in the world
of systems of forced or corrective labour by examining the texts of laws and regulations and their application in the light of these principles. It might therefore be
appropriate to recall briefly the relevant provisions of the two instruments in
question.
The Charter.
The provisions in the Charter dealing with respect for human rights and fundamental freedoms are contained in Articles 1 (3), 13 (1-b), 55, 56 and 76 (e).
Article 55 states that the United Nations shall promote " conditions of economic
and social progress and development... universal respect for, and observance of,
human rights and fundamental freedoms for all without distinction as to race, sex,
language or religion".
Under Article 56 "AU Members pledge themselves to take joint and separate
action in co-operation with the Organisation for the achievement of the purposes
set forth in Article 55 ".
The Universal Declaration of Human

Bights.

The Universal Declaration, as adopted by the General Assembly on 10 December
1948, lays down in Article 4 that " N o one shall be held in slavery or servitude ;
slavery and the slave trade shall be prohibited in all their forms", and that every
person has the right to "free choice of employment" and to "just and favourable conditions of work " (Article 23).
During the discussion on the Draft Universal Declaration in the Commission
on Human Eights, two texts containing express reference to compulsory labour
were proposed by the United States of America and France respectively.
The text suggested by the United States of America stated that " no one shall be
held in slavery, nor be required to perform compulsory labour in any form other than
as part of a punishment pronounced by a competent judicial tribunal ". The French
text included a sentence declaring that " no public authority may exact personal
service or work except by virtue of the law and for the common interest ".
However, neither of these drafts was retained. The text of the Universal Declaration as finally adopted by the General Assembly confined itself to the prohibition
of slavery in all its forms and to affirming the universal right to " free choice of
employment ", without referring specifically to forced or compulsory labour.

150

BEPOET OF THE AD HOC COMMITTEE ON FORCED LABOUB

Obligations under the Trusteeship Agreements
Some of the Trusteeship Agreements contain specific provisions dealing with
forced labour.
Article 6 of the Trusteeship Agreement for the Territory of Western Samoa,
for example, specifies that the Administrative Authority shall prohibit all forms
of forced or compulsory labour except for essential public works and services and
then only in times of public emergency, with adequate remuneration and adequate
protection of the welfare of the workers.
Identical provisions are included in the Trusteeship Agreement for the Territory
of Somaliland under Italian Administration.
Draft Covenant on Human Bights
Specific provisions on forced or compulsory labour have been included in all
the drafts of a Covenant which have been discussed by the Human Rights Commission,
notably at its Second, Fifth, Sixth and Eighth Sessions. Agreement has not yet
been reached, however, on the final version of this Covenant.

Origin and Establishment of the Ad Hoc Committee on Forced Labour
The following paragraphs give a brief description of the action by the Economic
and Social Council and the Governing Body of the International Labour Ofïïce
which led to the establishment of the Ad Hoc Committee on Forced Labour. 1
The item : " Survey of Forced Labour and Measures for its Abolition " was included in the agenda of the Economic and Social Council at its Sixth Session at the
request of the American Federation of Labor, as formulated in its letter of 24 November 1947.2 In this letter, the American Federation of Labor suggested that the
Council should ask the International Labour Organisation to undertake a comprehensive survey on the extent of forced labour in all Member States of the United
Nations and to suggest positive measures, including a revised Convention and measures for its implementation, for eliminating forced labour.
Consideration of this item was postponed, owing to pressure of business, at
both the Sixth and Seventh Sessions of the Council.
In considering this question at its Eighth Session, the Economic and Social Council
had before it two draft resolutions : one proposed by the United States of America3,
and the other proposed by the Union of Soviet Socialist Republics.* The Council
adopted the United States of America draft resolution as amended by Australia 5 ,
and rejected the U.S.S.R. proposal. The resolution as adopted on 7 March 1949
(195 (VIII)) requested the Secretary-General to co-operate closely with the International Labour Organisation in its work on forced labour questions, to approach
all Governments and to enquire in what manner and to what extent they would
be prepared to co-operate in an impartial investigation into the extent of forced
1
A complete record of the discussions in and the action taken by these two bodies may be found
in their official documentation. This documentation is indexed in Committee documents E/AC.36/2
and B/AC.36/5.
a
See United Nations dooument E/596.
3
See United Nations document E/1150/Rev. 1.
4
See United Nations dooument E/1194.
6
See United Nations document E/1173/Rev. 1.

APPENDIX I : SURVEY OF INTERNATIONAL ACTION

151

labour in their countries, including the reasons for which persons were made to perform. forced labour and the treatment accorded them, to inform and consul!/ the
I.L.O. regarding the progress being made on this question and to report to the Ninth
Session of the Council on the result of his approaches to Governments and consultations with the I.L.O.
The Secretary-General informed the Director-General of the International
Labour Office of the Council's resolution by a letter dated 9 March 1949. The Director-General in a letter dated 11 June 1949 communicated to the Secretary-General
the conclusions arrived at by the Governing Body of the I.L.O. at its 109th Session.
The Governing Body concluded that the alleged existence of forced labour in many
countries was a matter of grave and widespread concern and that there should be
an impartial enquiry into the nature and extent of forced labour, including the
reasons for which persons were made to perform forced labour and the treatment
accorded to such persons. The Governing Body considered that the question was
of direct concern to, and within the competence of, the I.L.O. and that since it was
also of concern to the United Nations, there should be the closest collaboration
between that body and the I.L.O. in carrying out the proposed impartial enquiry,
particularly in view of the desirability of including within its scope those Members
of the United Nations which were not Members of the I.L.O. Finally, the Governing
Body recommended that the Director-General of the I.L.O. should estabbsh close
contact with the Secretary-General with a view to the establishment of an impartial
commission of enquiry into the whole question at the earliest possible moment.
At its Ninth Session the Economic and Social Council considered a report by
the Secretary-General 1 concerning the replies received from Governments 2 as
well as the communication from the Director-General of the International Labour
Office mentioned above. It also had before it a United States of America draft
resolution s and a draft resolution proposed by the U.S.S.R.4 I t adopted the United
States of America draft resolution as amended by Brazil, Denmark and India 3 ,
and rejected the draft submitted by the U.S.S.R. In the resolution which
it adopted (237 (IX)), the Council took note of the communication from the
Director-General of the International Labour Office. At the same time the
Council considered that the replies received from Governments up to its Ninth
Session did not provide the conditions under which a commission of enquiry
could operate effectively, and it requested the Secretary-General to ask Governments which had not as yet stated that they would be prepared to co-operate in an
enquiry to consider whether they could give a reply to that effect before the Tenth
Session of the Council.
At its Tenth Session the Economic and Social Council had before it three
further reports from the Secretary-General s concerning the replies received from
Governments.6 The Council decided, however, to defer consideration of this item
until its Twelfth Session.
At the request of the International Labour Organisation, the Council at its
Eleventh Session considered a communication from the Director-General of the
International Labour Office drawing the attention of the Council to the discussions
of the Governing Body of the International Labour Office on the subject of forced
labour.7 The Governing Body had considered the report of its International Organi1

See
See
3
See
4
See
6
See
'See
'See
2

United
United
United
United
United
United
United

Nations
Nations
Nations
Nations
Nations
Nations
Nations

document E/1419.
document E/1337 and addenda.
dooument E/1484.
dooument E/1485.
documents E/1587, E/1588 and E/1636.
dooument E/1337 and addenda.
document E/1671.

152

KEPOBT 01" THE AD HOC COMMITTEE ON EOECED LABOUR

sations Committee, which had proposed that the Governing Body, without waiting
for further discussion by the Economic and Social Council, should itself establish a
Commission to carry out an impartial enquiry into the nature and extent of forced
labour, but that the establishment of such an I.L.O. Commission should not prejudice the possibility of setting up joint machinery with the United Nations should
the Economic and Social Council subsequently decide to establish a joint commission of enquiry. The Governing Body, however, instructed the Director-General to
bring the discussions which had taken place at its session both in the International
Organisations Committee and in the Governing Body itself to the attention of the
Council.
At its Eleventh Session, the Council also had before it a note from the SecretaryGeneral concerning further replies and information which had been received from a
number of Governments in response to resolutions 195 (VIII) and 237 (XI) of the
Council 1 , and a joint draft resolution submitted by the United Kingdom and the
United States of America.2
This draft resolution proposed that the Economic and Social Council should
invite the International Labour Organisation to co-operate with the Council in the
earliest possible establishment of an ad hoc committee on forced labour of not
more than five independent members to be appointed jointly by the SecretaryGeneral of the United Nations and the Director-General of the International
Labour Office. This Committee would be charged with surveying the field of forced
labour, taking into account the provisions of international labour Convention
No. 29, and would enquire particularly into the existence of systems of forced
labour which are employed as a means of political coercion or which constitute an
important element in the economy of a given country. After assessing the nature
and extent of the problem at the present time, it would report the results of its
studies and progress to the Council and to the Governing Body of the International
Labour Office. The draft further proposed that the Economic and Social Council
should request the Secretary-General and the Director-General to supply the professional and clerical assistance necessary to ensure the earliest initiation and effective
discharge of the ad hoc committee's work. The Council decided to adjourn the
debate on this proposal until its Twelfth Session.
The Governing Body of the International Labour Office at its 113th Session
(Brussels, November 1950) again considered the question of forced labour in
accordance with its decision mentioned above. The Director-General of the International Labour Office in a letter dated 14 December 1950 communicated to the
Secretary-General the decision of the Governing Body.3 The latter, after rejecting by
23 votes to three, with two abstentions, a proposal that it should postpone a decision
on the matter pending further consideration of the question by the Economic and
Social Council, decided to take note of the joint draft resolution submitted by the
United Kingdom and the United States of America to the Eleventh Session of the
Economic and Social Council. The Governing Body expressed its willingness to
co-operate in the manner suggested in the joint proposal, and authorised the
Director-General to collaborate with the Secretary-General of the United Nations
in implementing the proposal in the event of its approval by the Economic
and Social Council.
At its Twelfth Session, the Economic and Social Council had before it a report
by the Secretary-General 4 concerning the replies received from Governments on the
1
2
8
4

See United Nations document E/1636/Rev. 1.
See United Nations document E/L.104.
The full text of this decision may be found in United Nations document E/1884.
United Nations document E/1885.

APPENDIX I : SURVEY OF INTERNATIONAL ACTION

153

questions of co-operation in an impartial enquiry and the existence or non-existence
of forced labour, the joint draft resolution of the United Kingdom and the United
States of America 1 (summarised on page 149), a French amendment 2 to the joint proposal, and a draft resolution submitted by the Union of Soviet Socialist Republics. 3
I

United Nations document E/L.104.
United Nations document E/L.167/Rev. 1.
The text of the U.S.S.R. draft resolution (United Nations document E/L.165) is as follows :
The Economic and Social Council recognizes the great importance of the question of Forced
Labour under discussion by the Council and considers the material so far submitted by the originators
of this question to be wholly inadequate, in many respects lacking in objectivity and truth, and grossly
libellous and defamatory of the Soviet Union.
The Council notes, on the one hand, that the discussion on this question has revealed a divergence of
views on whether labour is free or forced in those countries where there is ownership of the land by rich
landowners, where there is private capitalist ownership of factories, plants, mines, banks, railways and
all other means of production, and where the fruits of the labour of workers and employees are thereby
appropriated by the rich—the great capitalists, millionaires and multi-millionaires who control the
capitalist monopolies while the workers and employees are in complete economic dependence upon them.
In these conditions workers and employees are compelled to work not for themselves but for others,
are compelled to do work which is not of their choosing but which they have been obliged to accept in
order to avoid starvation. Because of these circumstances workers and employees in these countries are
constantly threatened with losing their work and, in order to retain the means of existence, are frequently
compelled to agree to lower wages, bad working conditions and cruel exploitation. In present-day conditions, moreover, workers and employees are in many cases compelled to take into account the fact that
their material standard of living is being reduced by increases in the price of prime necessaries, in taxation, rent, and the like. Particular attention has been given to the fact that even at the present time,
when there is no economic crisis, millions of unemployed and semi-employed persons in these countries
are unable to work and provide themselves and their families with even the most essential means of
existence, while latterly the number of unemployed and semi-employed persons has been steadily
increasing. Thrown out of employment and brought face to face with death by starvation, unemployed
workers and employees are compelled to seek any kind of work : this is being exploited by the capitalists
in order to make still worse the position of workers and employees in employment.
Attention has also been drawn to the fact that at the present stage of the development of civilisation it is inadmissible to retain slave and semi-slave working conditions and a beggarly oxistence for
workers in colonies and dependent territories, and also to the disfranchised conditions of the workers
and the whole local population in those territories. I t has been pointed out, moreover, that in many
countries where private capitalist ownership prevails, not to mention colonies and dependent territories,
there is no system of State unemployment insurance, and no insurance and material assistance against
sickness, disablement and old age ; the result is that many millions of workers are ever deprived of the
necessary means of existence and must constantly be haunted by the fear of unemployment, poverty
and hunger.
The Council notes, on the other hand, that the discussion has revealed a divergence of views on
whether labour is free in a country such as the Union of Soviet Socialist Republics, where the land has
been taken away from the landowners and given to the peasants, where the factories, plants, mines,
banks and railways belong to the people as a whole, where the fruits of their labour belong to the workers
themselves and are not appropriated by capitalist owners, as there are no capitalists in the Soviet Union
and consequently no exploitation of man by man.
It has been pointed out that the Constitution of the U.S.S.R. guarantees the right of work for all
workers without distinction of sex, race or language, and that this right is secured in practice by the
socialist organisation of the national economy, by the steady growth of the productive forces of society
with the active participation of the workers, peasants and intelligentsia themselves, and also by the fact
that in this country there are no economic crises and unemployment has long been eliminated, so that
each year the material living conditions of workers and employees have steadily improved. The effect of
this can be seen in higher wages, in lower prices of consumer goods, in the development of a system of
rest homes and sanatoria for workers, in the improvement of housing conditions, in the ever greater
satisfaction of the growing cultural requirements of workers and employees, and in the like. Workers
and employees in the U.S.S.R. do not know what it is to be afraid of losing their work. They have no
fear of want, nor are they uncertain of the morrow. It has also been pointed out that in the U.S.S.R.
there is State insurance against sickness, disablement and old age, guaranteeing free assistance to all
workers male and female in such cases, and there are also regular holidays at State expense and free
education for children. It has been pointed out, furthermore, that the People's Democracies which have
set foot on the path of socialist development are also successfully carrying out measures in the interests
of the workers.
In view of the divergencies in the view expressed on these questions,
The Economic and Social Council,
Acting in virtue of Articles 55 and 68 of the Charter,
Resolves :
1. For the purpose of a comprehensive and objective investigation of the real working conditions
of workers and employees in the countries where private capitalist ownership prevails, and also in the
U.S.S.R. and in the People's Democracies, to set up a comprehensive International Commission consisting
(Footnote continued ooerleo/.)
II

154

REPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOUR

T h e sponsors of t h e joint draft resolution (United K i n g d o m a n d U n i t e d States) of
America accepted t h e F r e n c h a m e n d m e n t , which t h e y incorporated in their proposal. 1 I n response to a request by t h e representative of U r u g u a y , t h e Chairman
p u t t o a s e p a r a t e v o t e t h e sixth p a r a g r a p h of t h e joint draft resolution as amended.
This p a r a g r a p h w a s a d o p t e d b y 13 votes t o t h r e e w i t h two abstentions. The
remainder of t h e t e x t was a d o p t e d b y 15 v o t e s t o t h r e e . T h e Council rejected t h e
U.S.S.R. draft resolution b y 15 votes t o t h r e e .
T h e t e x t of t h e resolution as a d o p t e d on 19 March 1951 (Economic a n d Social
Council resolution 350 ( X I I ) ) is as follows :
The Economic and Social

Council,

Recalling its previous resolutions on the subject of forced labour and measures for
its abolition,
Considering t h e replies furnished b y Member States to t h e communications
addressed t o them b y the Secretary-General in accordance with resolutions 195 (VIII)
and 237 (IX),
Taking note of the communications from the International Labour Organisation
setting forth the discussions on the question of forced labour a t the 111th and
113th sessions of t h e Governing Body,
Considering t h e rules and principles laid down in International Labour Convention 29,
Recalling the principles of the Charter relating to respect for human rights and
fundamental freedoms, and the principles of the Universal Declaration of Human Rights,
Deeply moved b y t h e documents and evidence brought to its knowledge and
revealing in law a n d i n fact the existence in t h e world of systems of forced labour under
which a large proportion of the populations of certain States are subjected to a penitentiary régime,

of representatives of the manual and intellectual workers united in all existing trade unions, without
distinction as to the political trend and religious convictions of their members, to include : representatives
of the AU-Union Central Council of Trade Unions of the U.S.8.R., the American Federation of Labor of
the United States of America, the American Congress of Industrial Organizations of the U.S.A., the
Trades Union Congress of Great Britain, the trade unions of France, Italy, the People's Republic of
China, Germany, India and Japan, and other national trade union federations.
On the basis of one representative for every million trade union members, a total of 120-125 representatives.
National trade union federations with less than one million members, suitably grouped by countries,
shall appoint representatives on the same basis.
The Commission shall also include representatives of existing international trade union federations—the World Federation of Trade Unions, the Latin American Federation of Labour, the International Federation of Christian Trade Unions, and others.
2. The Commission shall pay particular attention to a study of the situation of unemployed and
semi-employed persons in all countries where unemployment has not been eliminated, in respect of
their real living conditions and legal status, including housing and other conditions of life, social insurance
and medical services.
3. The Commission shall take steps to investigate the actual working conditions of male and female
workers and their children in the colonies and dependent territories, in order to determine how far the
States responsible for t h e administration of such territories are fulfilling the obligations in this regard
imposed on them by the Charter.
4. The Commission shall be instructed to collect as complete and objective information as possible
on the above-mentioned questions, and to make use for this purpose of material and data submitted by
governmental institutions and by trade unions and other workers' organisations, including the organisations of any plant, faotory, mine, agricultural plantation and the like.
5. On the basis of the information received the Commission shall draw up reports and recommendations and submit them to the Economic and Social Council, and wide publicity shall be given to the
results of the Commission's work.
In view of the importance of the question,
The Economic and Social Council
Resolves to submit this resolution to the General Assembly for ratification.
1
See United Nations document E/L.172/Rev. 1 which, as finally revised was issued as United
Nations document E/L.172/Rev. 2.

APPENDIX I : SUEVEY OP INTERNATIONAL ACTION

155

1. Decides to invite the International Labour Organisation to co-operate with
the Council in the earliest possible establishment cf an ad hoc committee on forced labour
of not more than five independent members, qualified b y their competence a n d impartiality, to be appointed jointly by the Secretary-General of the United Nations and the
Director-General of the International Labour Office with the following terms of
reference :
(a) To study the nature and extent of the problem raised by the existence in the
world of systems of forced or " corrective " labour, which are employed as a means of
political coercion or punishment for holding or expressing political views, and which
are on such a scale as to constitute an important element in the economy of a given
country, by exarnining the texts of laws and regulations and their application in the
light of the principles referred to above, and, if the Committee thinks fit, b y taking
additional evidence into consideration ;
(b) To report the results of its studies and progress thereon to the Council and
to the Governing Body of the International Labour Office ; and
2. Requests the Secretary-General and the Director-General to supply the professional and clerical assistance necessary to ensure the earliest initiation and effective
discharge of the ad hoc committee's work.

APPENDIX I I

TEXT OF THE COMMITTEE'S QUESTIONNAIRE AND SUMMARY
OF T H E REPLIES FROM GOVERNMENTS

Introduction
In its Resolution No. I l l adopted on 24 October 1951 x, the Ad Hoc Committee
on Forced Labour decided to transmit a questionnaire to all Governments, whether
Members or not of the United Nations and the International Labour Organisation.
The Secretary-General of the United Nations addressed this questionnaire
to all Member States of the United Nations and to those States which are Members
neither of the United Nations nor of the International Labour Organisation. The
Director-General of the International Labour Office addressed it to those States
which are not Members of the United Nations but are Members of the International
Labour Organisation.
In accordance with the Resolution, Governments were requested to reply as
soon as possible, and in any case not later than 1 April 1952.
Early in May 1952, the Secretary-General of the United Nations and the
Director-General of the International Labour Office sent a reminder to the
Governments which had not yet answered.
Replies have been received from the Governments of Afghanistan, Australia,
Austria, Belgium, Brazil, Burma, Cambodia, Canada, Ceylon, Chile, China, Cuba,
Czechoslovakia, Denmark, El Salvador, Finland, France, the Federal RepubHe of
Germany, Greece, Guatemala, Iceland, India, Indonesia, Iraq, Ireland, Israel,
Italy, Japan, the Hashemite Kingdom of Jordan, Laos, Liechtenstein, Luxembourg,
Nepal, the Netherlands, New Zealand, Norway, Peru, the Philippines, Sweden,
Switzerland, Syria, Turkey, the Union of South Africa, the United Kingdom, the
United States of America, Uruguay, Viet-Nam and Yugoslavia.2
The text of the questionnaire and a summary of the replies received from
Governments follow.
1
2

United Nations document E/AC. 36/10, paragraphs 22-23.
These replies were published in United Nations document E/AC. 36/11 and addenda 1-22. In
addition, Colombia, Egypt, Ethiopia, Iran, the Lebanese Republic, Saudi Arabia and Thailand gave some
information on whether or not forced labour existed in their countries when they replied to notes sent
by the Secretary-General of the United Nations on 18 March and 3 May 1949 to the Governments of
Member and non-Member States of the United Nations in accordance with Economic and Social Counoil
Resolution 195 (VIII). This Resolution requested the Secretary-General " t o approach all Governments
and to enquire in what manner and to what extent they would be prepared to co-operate in an impartial
enquiry into the extent of forced labour in their countries, including the reasons for which persons are
made to perform forced labour and the treatment accorded them ". The replies from these countries
were published in United Nations document E/1337 and its addenda.

158

REPORT OF THE AD HOC COMMITTEE ON TORCED LABOUR

Text of the Qnestionnaire
In agreement with the Governing Body of the International Labour Office, the
Economic and Social Council of the United Nations adopted on 19 March 1951, at
its Twelfth Session, Resolution 350 (XII), setting up an Ad Hoc Committee on
Forced Labour, to be appointed jointly by the Secretary-General of the United
Nations and the Director-General of the International Labour Office.
The Committee appointed in accordance with the above Resolution, at its First
Session, held in Geneva from 8 to 27 October 1951, interpreted its terms of reference as follows :
It interpreted its terms of reference (Resolution 350 (XII) of the Economic
and Social Council) as including a survey and, thereafter, a study of systems
of forced labour. Such systems of forced labour were alleged to take two
forms. The first form was forced labour for corrective purposes, in other
words, in order to correct the political opinions of those who differed from the
ideology of the Government of the State for the time being, those persons being
sent to prison camps for varying periods in order to enable the authorities to
correct their political opinions and, during detention, being obliged to perform
certain services. The second form of forced labour was exemplified where
persons were obliged involuntarily to work for the fulfilment of the economic
plans of a State, their work being of such a nature as to lend a large degree
of economic assistance to the State in the carrying out of such economic plans.
Both these forms of labour were prescribed as essential either by process of
law or by administrative measures on the part of Governments.
Accordingly, the Committee would have to investigate all the laws and
regulations of the various States which might illustrate the different systems
of forced labour employed in those States. The Committee might also have
to investigate existing administrative practices which enable forced labour
to be put into effect, whether prescribed by process of law or administrative
measures.
A further conclusion reached by the Committee was that, while it might
take the definition of forced labour embodied in the international labour
Convention (No. 29) concerning forced or compulsory labour as a basis, it
recognised that the whole perspective on the basis of which that Convention
was drawn up had now changed, and that the Committee could define forced
labour only if it had reviewed at least a portion of the material before it. The
Committee could reach a final conclusion regarding a definition of forced
labour only when it approached the end of its study. I t should, for the time
being, concentrate on considering the meaning of forced labour which was
implied by its terms of reference.
The Committee proposes to discharge its task, within the limits of its terms
of reference, without prejudice of any kind and with complete impartiality and
objectivity, on a universal basis, with the sole aim of safeguarding human rights
and improving the situation of workers.
The Ad Hoc Committee considered that one of its primary tasks was to study
all laws and regulations, and also ordinary administrative practices, whereby the
judicial or administrative authorities can compel a person to perform certain labour,
either for economic or for corrective or educational purposes, for the protection of
the estabUshed political order, whether such work has to be done in camps, in

APPENDIX n : COMMITTEE'S QUESTIONNAIRE AND SUMMARY OF BEPLIES

159

reformatories, in public or private undertakings, in labour colonies or in the person's
own enterprise.
The purpose of this questionnaire, which is being transmitted to all States
Members or non-Members of the United Nations and of the International Labour
Organisation, is to collect relevant official information for the use of the Ad Hoc
Committee on Forced Labour. Governments are asked to reply to the questionnaire
as regards their metropolitan, trust and non-self-governing territories, the central
State administrations and the regional or local public authorities.
I.

PUNITIVE, EDUCATIONAL OB COBBECTIVE LABOUR

OTHER CASES OF COMPULSION TO WORK

160

BEPOBT OF THE AD HOC COMMITTEE ON EOBCED LABOUK

In each of the above or in any similar cases, please give the legal provisions
or regulations applicable, with details concerning their interpretation and implementation. In case (a) above, please also supply informa Lion on the number of
persons affected, the nature, scope and conditions of work (hours of work, pay,
accommodation, care and health arrangements).
General Survey of the Replies
1. All the Governments mentioned in the introduction have offered information in reply to the Committee's questionnaire, the one exception being the
Government of Czechoslovakia, which criticises the very principle of the enquiry
for which the Committee has been made responsible and rejects the questionnaire
as illegal.
2. Several Governments state in general terms that their legislation neither
makes provision for nor tolerates forced labour as envisaged in the questionnaire. x
These are the following :
(1) The Government of Burma, Section 19 of whose Constitution prohibits
forced labour in any form, though the State is not thereby prevented from imposing
compulsory service for public purposes.
(2) The Government of Canada.
(3) The Government of the Federal Republic of Germany, whose Fundamental
Law (Article 12) prohibits any compulsion to work on principle and recognises
the fundamental right to an unrestricted choice of workplace as a natural right.
(4) The Government of Indonesia.
(5) The Government of Italy, which replies both for the Republic itself and
for the territory of Somaliland under Italian administration.
(6) The Government of the Hashemite Kingdom of Jordan.
(7) The Government of Luxembourg, which quotes and comments on articles
from the Constitution in support of its negative reply. The passages concerned
are Articles 11 (which grants equality before the law and guarantees the natural
rights of the individual, including the right to work), 12 (which recognises the
freedom of the individual) and 24 (freedom of speech and freedom of the press).
According to the reply, Articles 11 and 12 exclude the institution of any obligatory labour service, either temporary or permanent, general or confined to certain
categories of persons.
(8) The Government of the Netherlands, whose reply also covers New Guinea,
the Netherlands Antilles and Surinam.
(9) The Government of Turkey, which quotes Articles 68, 70, 73 and 74 of
the Constitution, guaranteeing individual liberties and prohibiting forced labour,
except in extraordinary circumstances, such as mobilisation and war.
(10) The Government of the Union of South Africa, which has replied in the
1
In their replies to the Secretary-General's note of 18 March 1949, the following countries denied
the existence of forced labour in their territories :
(a) Ethiopia (see United Nations document E/1337/Add. 15), which understood forced labour
" in the sense in which that term is generally used and would appear to be used in the note
under reference, that is, apart from compulsory labour in prisons and under court supervision " ;
(b) Iran (see United Nations document E/1337/Add. 8) ;
(c) Saudi Arabia (see United Nations document E/1337/Add. 1).

APPENDIX n : COMMITTEE'S QUESTIONNAIRE AND SUMMARY OF REPLIES

161

negative, stating that it has considered the questions in the light of the interpretation which the Committee gave to its terms of reference.
(11) The Government of Uruguay.
3. Several Governments have also stated in general terms that forced labour
as envisaged in the questionnaire is unknown in their countries, but have nevertheless provided information with a bearing on all or part of the specific questions
asked. 1 These are the following :
(1) The Government of Afghanistan 2 , which states that, according to the Constitution, there is no forced labour in the country.
(2) The Government of Brazil, which substantiates its negative reply with
references to Article 141 of the Constitution, dealing with the freedom of opinion,
thought and labour.
(3) The Government of El Salvador.
(4) The Government of Finland.
(5) The Government of Greece, which mentions in its answer that the freedom
of employment has recently been reaffirmed in the new Constitution of the country.
(6) The Government of Guatemala.
(7) The Government of Iceland.
(8) The Government of Israel.
(9) The Government of Norway, whose reply refers to a letter dated 22 July
1949 3 in which the Norwegian Government submitted information to the SecretaryGeneral at the stage when Governments were requested to announce whether
they were ready to co-operate in an enquiry into forced labour.
(10) The Government of Sweden.
(11) The Government of Switzerland.
(12) The Government of the United States of America, which has quoted in
support of its negative reply a number of provisions in the Constitution ; these
prohibit slavery and involuntary servitude and guarantee the freedom of the individual, the freedom of religion, speech, assembly and the press and the right to
lodge petitions. It also quotes two judgments which refer to these provisions.
4. Without making any general statements, the Governments of the following
countries have replied to the various questions separately 4 : Austria, Belgium,
Cambodia, Ceylon, Chile, China, Cuba, Denmark, France, India, Iraq, Ireland,
Japan, Laos, Liechtenstein, Nepal, New Zealand, the Philippines, Syria, the United
Kingdom, Viet-Nam and Yugoslavia. The Government of Australia has done the
same, and has answered separately for the Commonwealth, the Australian States
(where enquiries are still being made) and the Australian territories.
5. The replies mentioned in paragraphs 3 and 4 are analysed below, in so
far as they give information with a bearing on the various questions.
1
In their replies to the Secretary-General's note of 18 March 1949 (see United Nations documents
E/1337, E/1337/Add. 3 and E/1337/Add. 22), Colombia, Egypt and Thailand also denied the existence
of forced labour in their territories in general terms, but added information with a bearing on specific
questions in the questionnaire. In support of its reply, Colombia quoted a number of provisions from
its Constitution abolishing slavery and all forms of servitude and guaranteeing that all persons are free
to choose their occupations.
2
In its first reply (United Nations document E/AC.36/11, p. 3).
a
United Nations document E/1337/Add. 13.
4
In its reply to the Secretary-General's note of 18 March 1949 (see United Nations document
E/1337/Add. 2), the Lebanese Republic made no general statement as to the existence of forced labour
in its territory, but added information with a bearing on specific questions in the questionnaire.

162

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

Summary of the Replies
QUESTION I :

PUNITIVE, EDUCATIONAL OR CORRECTIVE LABOUR

Do your penal or administrative laws, your regulations or your administrative
rules or practices as such provide that—
(a) a person convicted of an offence against the established constitutional or political
order may be forced to perform certain labour ?
(b) a person who has not been alleged to have committed any offence may be detained
in prisons or camps or otherwise restricted in movements and subjected to
educational or reformatory labour ?
If so—
(i) please give the texts of such laws, regulations and rules;
(ii) by what judicial or administrative authorities and in accordance with what
procedure are they applied ?
(iii) how are they interpreted by these authorities ?
(iv) what was the number of persons subjected to forced labour under these laws,
regulations and rules for each of the years from 1948 to 1950 inclusive ?
(v) how is such labour organised (hours of work, pay, accommodation, care
and health arrangements) ?
6. The Government of Australia has answered this question in the negative,
" on the assumption that ' forced labour ' has no wider meaning than in Article 2
of the international labour Convention (No. 29) concerning forced or compulsory
labour, 1930, and Article 5 of the Draft International Covenant on Human Rights,
in both of which Articles it is expressly provided that the prohibition against
' forced labour ' does not preclude, in countries where imprisonment with hard
labour may be imposed as a punishment for a crime, the performance of such
labour in pursuance of a sentence to such imprisonment by a competent court ".
Without giving any further information, the Government of Belgium 1 has
replied that it has no laws or practices providing for forced labour as described
in paragraphs (a) and (b).
The Government of Greece has not made any answer to this question.
The Government of Syria has stated that its legislation contains no provisions
relating to this question.
Paragraph (a).
7. While answering this question in the negative, the following Governments
have quoted from their legislation on the work of convicts.2
(1) The Government of Afghanistan 3 , which describes the work of criminal
convicts, specifying, however, that persons convicted of an offence against the
established constitutional or political order may not be forced to perform certain
labour.
1
2

In its second reply (United Nations document E/AC. 36/11/Add. 15).
In its reply to the Secretary-General's note of 18 March 1949 (see United Nations document
E/1337), Colombia stated that " only persons who have been tried and condemned in the Republic of
Colombia to penal servitude carry out forced labour at the place of detention or imprisonment but only
in pursuance of the proper function assigned by penal law to the hard labour of prisoners, that is, as a
form of discipline and a stimulus to the dignity of human life ".
3
In its second reply (United Nations document E/AC. 36/11/Add. 16).

APPENDIX II : COMMITTEE'S QUESTIONNAIRE AND SUMMARY OF REPLIES

163

(2) The Government of Brazil, which gives detailed information on the work
cf convicts end the penitentiary system, explaining that penalties which involve
a loss of liberty, coupled with compulsory labour, may be imposed only by a
competent judge after due legal process ; without going into detail, however, the
reply mentions preventive detention in an agricultural camp, labour institute, or
readaptation or vocational training centre.
(3) The Government of Cambodia, which has enclosed its regulations on the
treatment of persons in detention, stating that they are rigidly enforced.
(4) The Government of Ceylon, which, speaking of ordinary criminals, points
out that persons condemned to rigorous imprisonment are required to perform
prison labour. I t indicates that this rule also applies to persons convicted of
offences against the State (Chapter VI of the Penal Code).
(5) The Government of El Salvador, whose reply includes the text of articles
from the Code of Criminal Procedure and the Penal Code on the forced labour of
prisoners. According to Article 78 of the Code of Criminal Procedure, no distinction is made between political and ordinary prisoners serving sentences prescribed
by the Penal Code, so that prisoners of either class may be required to perform the
work specified in the article.
(6) The Government of Guatemala, whose Penal Code authorises the performance of labour by persons sentenced to rigorous imprisonment, imprisonment or
detention. The reply describes the conditions in which such labour is performed.
(7) The Government of Iceland, which encloses an extract from a lecture on
prison organisation by a head of department in the Ministry of Justice.
(8) The Government of Ireland, which mentions prisoners convicted of
ordinary crimes being obliged to work unless excused by the medical officer. I t
also encloses its rules for the employment of prisoners.
(9) The Government of Nepal, whose reply quotes several regulations on the
labour of both political and ordinary criminals, adding, however, that since 1948
convicts have not, in practice, been subjected to forced labour of any kind.
(10) The Government of the Philippines, whose Revised Administrative Code
lays down that all convicted, able-bodied, male prisoners not over 60 years of age
may be compelled to work within the prison or on public works.
(11) The Government of the United States of America, which states in its
reply that under the Constitution no person may be deprived of liberty without due
process of law and that the commodities produced by prison industries are not for
sale to the public in competition with private enterprise.
(12) The Government of Yugoslavia, which states that the penalty of forced
labour no longer exists in its penal system, but that, as the purpose of punishment
is not only retaliation but also re-education, convicted persons are obliged to work
if they are capable of doing so.
8. Without giving any direct answer, some Governments speak of prison
labour and refer to regulations which, they indicate, are equally applicable to both
political and ordinary convicts. These are the following :
(1) The Government of Chile, whose legislation allows persons to be forced to
work in penal establishments if they have been sentenced to hard labour (presidio)
by the competent regular courts after equitable trial. The reply explains, however,
that this is not " forced labour ", and is not intended to achieve the political
re-education of the person sentenced. It is not even intended as a punishment ;
it is simply a form of treatment through work.

164

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

(2) The Government of China, which affirms that, under Article 470 of the
Chinese Code of Criminal Procedure, all persons sentenced to imprisonment or
detention, regardless of the offence of which they have been convicted, are, in
principle, required to perform labour when committed to prison to serve their
sentences (the regulations governing this labour are attached to the reply).
(3) The Government of Denmark, which states in its reply that sentences for
offences against the established constitutional or political order and the executive
power are pronounced by ordinary courts and that, in this case, compulsion to
work is an integral part of the prison term to the same extent as in the case of any
other prison term for common offences.
(4) The Government of Israel, whose legislation provides for all imprisonment
to be with labour, unless the court otherwise directs. This is true even in the case
of convictions under Chapters VIII and I X of the Penal Code (" Treason and other
offences against the authority of the Government " and " Offences against the
Constitution and the existing social order "). The reply also gives some indication
of the work performed b y prisoners.
(5) The Government of Liechtenstein, which states in its reply that penal
law is applied by the judiciary and that prison sentences always involve an obligation to work.
9. While replying in the negative, the following Governments have given
details of how they deal with crimes against the State :
(1) The Government of India, which mentions the offence of sedition, punished
with rigorous imprisonment combined with labour in the gaol. I t is explained in the
reply that since 26 January 1950 this offence has not been in any way related to
the holding of any political opinion, and only acts which directly threaten the
security of the State are regarded as constituting this offence.
(2) The Government of Laos, whose reply lists the various possible offences
against the established constitutional or political order, as defined by the Penal
Code (conspiracies and domestic disturbances), the only offences of this nature
to be encountered in practice being acts prejudicial to public safety and order (of
which there were no cases in 1948, six in 1949 and 13 in 1950). These are dealt
with by the ordinary courts, the punishment being imprisonment with labour of
specified duration.
(3) The Government of New Zealand, whose criminal law provides for a
number of offences against the established constitutional and political order. The
reply explains that these offences are dealt with by the courts and the punishment
prescribed for them cannot include any labour other than the work or service prescribed as punishment for other crimes.
(4) The Government of Switzerland, which mentions the provisions of the
federal Penal Code governing crimes and offences against the State and the national
system of defence. The Government indicates, however, that there is no question
here of rectifying political opinions of persons who do not accept the ideology of
the Government in power, the holding of an opinion not being an offence in Switzerland. Such offences are, moreover, examined by the criminal courts and the rights
of the defence are guaranteed. Persons sentenced to rigorous or ordinary imprisonment are required to work. The reply also gives some details of the work of prisoners
in general and mentions the rules laid down in criminal law for the detention
of habitual offenders. I n addition, it encloses the Swiss criminal statistics for
the years 1948, 1949 and 1950.

APPENDIX H : COMMITTEE'S QUESTIONNAIRE AND SUMMARY Ol" BEPLIES

165

(5) The Government of the United Kingdom. Here, there is no separate
category o* offences agamst uhe ostabjisned consuituuionax or pOiiticax or^cr. J.AJL6
offences that could be so described are offences against the ordinary criminal law,
tried under the same procedure and subject to the same range of penalties as any
other criminal offences (except in the case of high treason, where the penalty is
death). The type of labour imposed, if any, is the same for such offences as for
any others against the criminal law. Offenders convicted of sedition, seditious
libel or seditious conspiracy cannot be required to work. Prison labour, it is stated,
is of no importance to the economy of the country. In the oversea territories, the
position is broadly similar to that in the United Kingdom itself.
10. The following Governments point out in their replies that, in their countries, political prisoners are accorded preferential treatment and, unlike ordinary
convicts, are not required to work x :
(1) The Government of France, whose answer quotes, as political penalties
involving a deprivation of liberty for serious offences, deportation to a fortified
area, simple deportation and detention, none of which involves compulsory labour.
For minor offences, political offenders are punished with imprisonment but, under
administrative practice, are not compelled to do hard labour. The reply does
not give any indication as to what acts are regarded as political offences.
(2) The Government of Iraq, which affirms that all prisoners except those
convicted of a political crime or one of unpaid debt are given work to do in conditions
outlined in the answer.
(3) The Government of Japan, whose reply explains that political offences,
i.e., crimes relating to civil war and, if they are of a political nature, crimes relating
to riot and the obstruction of official business are punished with imprisonment and
not penal servitude, i.e., with detention without compulsory labour.
(4) The Government of Viet-Nam, which states that the object of detaining
political offenders is simply to safeguard law and order. Such political prisoners
are not required to perform any kind of manual labour.
11. The Government of Cuba has replied in the affirmative, and states that
persons convicted of offences against the security of the State are sent to the penitentiary establishments of the Republic, which have r, system of compulsory labour.
The answer quotes at length from the " Social Defence Code " but states that there
are no statistics for the number of persons sentenced for political offences between
1948 and 1950.
12. Without indicating whether its reply refers to paragraph (a) or (b) of
question I, the Government of Austria makes reference to compulsory labour
imposed on " certain groups of persons closely connected with the National Socialist
régime, including those convicted of National Socialist activities or on account
of war crimes (' incriminated persons ') ". The reply does not give any indication
as to the type of the work such persons are required to perform, its duration, or
the conditions under which it is carried out.
Under legislation which has not yet entered into force and which, according
to the Government of Austria, there is no reason to assume will enter into force,
1
In its reply to the Secretary-General's note of 18 March 1949 (see United .Nations document
E/1337/Add. 2), the Lebanese Bepublic states that, under Book II, Articles 270 et seq. of the Penal Code,
only persons convicted under the ordinary law are put to forced labour. It adds, however, that the provisions of the Penal Code governing such labour have not yet been applied in practice. It further quotes
Article 198 of the Penal Code, which states that a judge passing sentence for a political offence is to order
detention for life in lieu of forced labour for life and in lieu of a term of forced labour, a term of detention,
banishment, criminal compulsory residence or civic degradation.

166

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

such persons can be detained in camps " if, apart from the circumstances which
justify their treatment as incriminated persons, other facts have been established
showing them to be extremely dangerous to the democratic form of government
of the Republic ". Detention in a camp may be ordered only by a people's court
holding its sessions in accordance with its normal system of procedure. The period
of detention may not exceed six months, but its prolongation may be ordered for
further periods of six months each, up to a total of two years.
13. Similarly, the reply from the Government of Norway 1 mentions forced
labour imposed as a punishment for economic and political collaboration with the
Germans under the occupation, but without giving any details.
Paragraph (b).
14. In addition to the States listed in paragraphs 2 and 6 above, the following
Governments have returned a negative answer to this question, some without
giving any explanation and others with a reference to provisions in their laws or
Constitutions : the Governments of Afghanistan 2 , Ceylon, Chile, Cuba (where,
before any person can be subjected to educational or reformatory labour, a competent court must first have pronounced sentence in the judicial proceedings), Denmark, Prance (where a person may be arrested or detained only for the commission
of a penal offence and by virtue of a writ issued by the judicial authority), Guatemala
(where no person who has not been alleged to have committed any offence may
be compelled to perform educational or reformatory labour), Ireland, Israel, Japan
(where the Constitution prohibits servitude or bondage except as a punishment for
crime), New Zealand, the Philippines (where the Constitution prohibits involuntary
servitude in any form except as a punishment for a crime of which the person concerned has been duly convicted), the United Kingdom, the United States of America
and Viet-Nam.
15. The Governments of China, Finland, Liechtenstein, Norway, Sweden
and Switzerland refer to their legislation on the forced or re-educative labour assigned to vagrants, drunkards and other persons leading an unsettled life. With
the exception of China, however, these Governments stress the point that forced
labour within the meaning of the questionnaire is not involved.
(1) In China, under an Act promulgated by the Chinese National Government,
any person who habitually commits the minor offences of loitering or vagrancy may,
after serving his sentence, be sent to an appropriate correctional institution or to
a training school for vagrants to be taught a suitable trade, and so enable him to
earn his living in the future without causing further disturbances to public order
and becoming a burden on society. The reply adds that, except in such cases, the
personal freedom of all persons who have not committed an offence is guaranteed
by the Constitution.
(2) In Finland, a vagrant may be placed in a labour establishment or forced
labour institution by the department administration (though he may appeal to
the Supreme Administrative Court) if simple supervision is not enough to induce
"him to resume a regular and honourable existence, if he is a danger to himself or
those around him or disturbs the peace and is morally offensive. Similar measures may
be taken in respect of drunkards or State-aided persons if they are undisciplined
or recalcitrant while living in an institution, labour establishment or home for
1
2

United Nations document E/1337/Add. 13.
In its second reply (United Nations document E/AC./36/ll/Add. 16).

APPENDIX n : COMMITTEE'S QUESTIONNAIRE AND SUMMARY OE REPLIES

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167

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ment has given details of the number of persons so detained in labour establishments and forced labour institutions.
(3) In Liechtenstein, indolent and dissolute persons may be committed to
compulsory labour and reformatory institutions by the administrative authorities
on the proposal of the communes or the guardianship authorities.
(4) In Norway 1 , forced labour may be imposed in accordance with the law
on vagrancy, begging and drunkenness. In certain circumstances, persons who
seek to evade their obligation to support their wives and children may be placed
in forced labour institutions, as may persons who refuse to do civil work imposed
on them by virtue of the law on compulsory military service. In all these cases,
a decision by a court is required to make those concerned perform forced labour.
On 1 May 1949 there were 315 men and 21 women in forced labour institutions,
59 in application of the Penal Code and the remainder in application of the law
on vagrancy.
(5) In Sweden, where vagrancy is not a crime, administrative measures,
which include forced labour, may be taken against vagrants. The Government
of Sweden adds, however, that such persons have so slight a capacity for work
that there is no question of their exploitation.
(8) In Switzerland, certain cantons have instituted a system of administrative
detention for drunkards, pimps, prostitutes and other persons living a loose or idle
life, the object being to re-educate them for useful work. The procedure under
which such persons are detained does, however, guarantee that they have every
possibility of arranging their defence, if necessary, up to the Federal Tribunal, by lodging an appeal. The reply received from the Swiss Government also
mentions that persons under interdiction may be placed in homes or educational
establishments.
16. The Government of India states that persons detained in prison without
having been convicted by a court of law are not required to work while under detention. No indication is given in the reply as to the cases in which a person who has
not been convicted may be so detained.
17. The reply from the United Kingdom Government mentions that among
the emergency measures passed in the Federation of Malaya to assist the fight
against militant communism and deal with a systematic campaign of murder and
terrorism are regulations permitting the detention of persons against whom there
is reasonable presumption of having aided, abetted or consorted with the terrorists.
The regulations allow appeals against such detention to be heard by advisory committees under a judicial chairman. Detainees cannot be required to do work other
than camp chores. Those under 17 years of age may be sent to approved
schools, where they may be required to do useful work.
18. The Government of Yugoslavia cites a Croatian Law of December 1951
which empowers a Council for Offences within the Ministry of the Interior to order
persons to be detained for a period of six months to two years in a given place if
in the course of the penal procedure instituted for certain offences against public
order and peace (3uch as endangering the territorial integrity and independence of
the State, participating in hostile activities against the Federative People's Republic
of Yugoslavia, association against the people and the State or hostile propaganda),
1

United Nations document E/1337/Add. 13.

168

REPOET OE THE AD HOC COMMITTEE ON FORCED LABOUR

the investigating authorities find that the acts committed by such persons do not
possess all the features of a criminal offence, but are such as to make it necessary
to apply educational measures against the defendant and to prevent him from
having a detrimental influence on other persons. Appeals against decisions by
the Council for Offences may be lodged with the Ministry of the Interior. One of
the methods used in the detainees' re-education is the assignment of appropriate
work. The Government of Yugoslavia explains that these temporary measures
were called forth by the aggressive acts of the Cominform countries against the
freedom and independence of Yugoslavia and by their attempts to recruit individuals
there for the perpetration of enemy propaganda. It maintains, therefore, that these
measures are dictated by the international situation and applied in the interests
of preserving peace in the world.

QUESTION I I :

OTHER CASES OE COMPULSION TO WORK

Do your laws, regulations or administrative rules or practices as such provide
for any other kind of direct or indirect compulsion to work through the intervention
of the Government or of the public authorities, and in particular for—
(a) any obligatory labour service, either temporary or permanent, general or confined
to certain categories of persons, for the performance of any work either in nationalised
undertakings or in those directly or indirectly controlled by the public authorities,
or in private undertakings, and more specifically for the performance of any work
towards the fulfilment of over-all plans laid down by the Government or public
authorities, for public works or works in the public interest or the exploitation
or production of any type of goods or resources ?
(b) any restrictions on freedom of residence or movement applied in such manner
and, in such circumstances that their effect would be to compel persons to work
in a specific area ?
(c) any limitations on the freedom of workers to choose their place of work and the
undertaking they work for (e.g., compulsory recruitment or a ban on changing
employment without the permission of some public authority) ?
In each of the above or in any similar cases, please give the legal provisions or
regulations applicable, with details concerning their interpretation and implementation.
In case (a) above, please also supply information on the number of persons affected,
the nature, scope and conditions of work (hours of work, pay, accommodation, care
and health arrangements).
19. The Belgian Government 1 considers that this part of the questionnaire
does not bear any relation to " t h e systems of forced or ' corrective' labour, which
are employed as a means of political coercion or punishment for holding or expressing
political views ", according to the Committee's terms of reference. With regard
more particularly to the situation in the Belgian Congo and Ruanda-Urundi, the
reply adds, the problem referred to in Resolution 350 (XII) does not arise at all
under the laws and practices in force in those territories.
20. The United Kingdom Government makes a similar comment as regards
forced or compulsory labour in the oversea territories of the United Kingdom.
Referring to its reports to the I.L.O. on the application of the international labour
' I n its second reply (United Nations document E/AC. 36/11/Add. 15).

APPENDIX n : COMMITTEE'S QUESTIONNAIRE AND SUMMAEY OF REPLIES

169

Convention (No. 29) concerning forced or compulsory labour (1930), it states that
none Cx «nc practices m question come witnin tne scope OÏ tne v^omiuiuuee s enquiry as stated in its terms of reference, or as understood from . . . its interpretation
of the terms of reference... since they do not in any sense constitute an important
element in the economy of the territories concerned or lend a large degree of assistance in carrying out their economic plans ".
21. Similarly, after giving a certain amount of information in reply to question
II, the Government of New Zealand adds " The Minister of External Affairs has
supplied the above particulars in reply to specific items in the questionnaire, and
in order that the Ad Hoc Committee may have all possibly relevant information
at its disposal. If, however, it is the object of the questionnaire, as its introductory
paragraphs might suggest, to elicit information concerning the use of forced labour
for the purpose of ideological correction or the punishment of political dissidence
on the one hand, or for the purpose of furnishing a labour reserve for the furtherance
of State economic plans on the other, the Minister wishes to emphasise that forced
labour of this kind is unknown in New Zealand or its dependent territories."
22. In addition to the countries mentioned in paragraph 2 above, the following Governments have replied with a brief negative : the Governments of Austria,
Ceylon, Chile, Denmark, Finland, Guatemala, Ireland, Israel, Norway, Sweden
and the United States of America.
23. The Governments of Afghanistan, Australia, Brazil, Cambodia, Cuba, El
Salvador, France, Greece, Iraq, Japan, Laos, Liechtenstein, Nepal, New Zealand,
the Philippines, Switzerland, Syria, the United Kingdom, Viet-Nam and Yugoslavia
have, in principle, returned a negative reply but have either given fairly detailed
information on the question or drawn attention to exceptions.
(1) The Government of Cuba refers to Article 61 of the Constitution, under
which the right to work is recognised as an inalienable human right.
(2) The Government of El Salvador quotes several clauses governing labour
in the Constitution, one being Article 155, which stipulates that, save in cases of
public disaster or as otherwise provided by law, no one is to be compelled to do
a given piece of work without his full consent.
(3) In support of its negative reply, the Government of France quotes the
Preamble to the Constitution, which reads : " I t is the duty of everyone to work
and the right of everyone to obtain employment. No one may suffer in his work
or his employment because of his origin, his opinions or his beliefs. " Reference
is also made in the reply to an Act of 11 April 1946 to prohibit forced labour and
to a draft Labour Code for the oversea territories which restates the principle of
absolute prohibition of forced labour. The reply goes on to state that these provisions are rigidly enforced and that no breach of them has been reported.
(4) The Government of Iraq quotes Article 10 (3) of the Constitution, under
which unpaid forced labour is absolutely forbidden.
(5) The Government of Japan points to provisions in the Constitution guaranteeing that every person is at liberty to choose his place of residence and occupation.
It states that any case of compulsion to work would entail the infliction of penalties
and affirms that no law exists compelling persons to work in a specific area or permitting compulsory recruitment.
(6) The Government of Nepal substantiates its negative reply by quoting
Article 19 of the interim Constitution, which prohibits traffic in human beings and
other forms of forced labour ; the State is not thereby prevented from imposing

170

BEPOET OF THE AD HOC COMMITTEE ON FOECED LABOUR

compulsory service for public purposes, though the Article adds that '•' in imposing
such service this State shall not make any discrimination on grounds only of religion,
race, caste or any of them ".
(7) The Government of the Philippines mentions provisions in the Constitution
which prohibit involuntary servitude and guarantee the liberty of abode.
(8) The Government of Syria quotes Article 29 of the Constitution, prohibiting
forced labour except in pursuance of some legislative provision in connection with
education, health or national equipment, to counteract public disasters or during
a state of war or alarm. No legislative provisions relating to these purposes have
yet been promulgated.
24. In a very detailed answer, the Government of India mentions that the
Indian Penal Code prohibits persons from being unlawfully compelled to work
and that the Constitution bans forced labour ; it does, however, authorise the State
to impose compulsory service for public purposes without discrimination as to
religion, colour, race, caste or class. The reply goes on to quote enactments under
which minor communal services may be imposed within the meaning of Article 2,
paragraph 2 (e), of the Forced Labour Convention (No. 29).
An enquiry ordered in 1948 by the Ministry for External Affairs revealed
the existence of other legal texts which authorise forced labour ; most, though not
all, the reply points out, are not covered by the definition given in Article 2 of
the international labour Convention No. 29 (the texts concerned are summarised
in an annex to the answer). This enquiry, like another concerning agricultural
labour, furthermore revealed that in certain areas there were practices or customs
resembling forced labour. I n consequence, the Government considered abrogating
or amending several legal texts to make them harmonise both with the Constitution
of the country and with the Forced Labour Convention (especially Articles 11
and 15). The Ministry of Labour also sent a circular in December 1950 to State
Governments inviting them to amend or supplement their legislation, using a set
of model provisions as a guide. This circular and its enclosure have been annexed
to the Indian Government's reply, which also contains the text of a report submitted to Parliament on 10 September 1951 dealing with the action taken or required
in this regard. One of the Acts the provisions of which are contrary to those of
the Forced Labour Convention (No. 29), the Criminal Tribes Act, 1924, has subsequently been abrogated.
25. The information on specific questions contained in these replies is summarised below.
Paragraph (a).
26. Some replies speak of compulsory labour for the construction and
maintenance of roads and other public works.
(1) In some parts of Afghanistan 1 , there are not enough volunteer workers
to maintain the roads, and the Government may enlist the services of local tribespeople, subject to the agreement of the court chiefs and tribes concerned. Since
such work is carried out to benefit the land through which these roads pass
and is done with the agreement of the communities concerned, the Government
considers that it cannot be regarded as forced labour and that the practice, which,
incidentally, the State authorities are trying to abolish, is countenanced by the
Forced Labour Convention.
x

See the Government's first reply (United Nations document E/AC. 36/11, p. 3).

APPENDIX II : C O M J H T T E E ' S QUESTIONNAIRE AND SUMMABY" OF BEPLIES

171

(2) In Cambodia, the provincial authorities occasionally resort to " the quasi^Öill^UlOÖlJ

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especially " for the repair and maintenance of roads and forest tracks ". In addition, for the maintenance of motor roads, each resident is responsible for the proper
upkeep of that portion of the road on which his property borders. Governors
may also impose minor tasks required for the system of mutual protection, such
as construction of barriers round self-defence towers.
(3) In China, an Act promulgated by the Chinese National Government
with a view to strengthening local self-government and making full use of the
unutilised efforts of the population, lays down that all men between 18 and
50 years of age are required to perform ten days' compulsory labour service every
year on productive activities such as the reclamation of arid or abandoned land,
the maintenance and construction of roads, the development of small-scale waterworks, etc. The local authorities have to prepare the programmes for such work
in the light of actual local needs and have them approved by the local representative
bodies interested.
(4) The Government of France mentions that in French West Africa the
labour of the " second military contingent " was used from 1926 for work of benefit
to the community. In practice, this system ceased to function in 1948, and legally
it was abrogated by the Decree of 6 February 1950.
(5) In India, some texts allow inhabitants to be called upon to help in irrigation and, occasionally, other public works.
(6) Similarly, in Nepal, various regulations allow the local population to be
requisitioned for compulsory labour on the construction and maintenance of irrigation canals, roads and bridges.' Such labour is remunerated.
(7) In Switzerland, some Alpine communes still retain a system of compulsory
labour for the maintenance of pasture land. The reply received from the Swiss
Government points out, however, that such labour plays no appreciable part in
the economy of the country and that where such labour exists it usually consists
of one or two days' work a year.
(8) The Government of the United Kingdom states in its reply that very
little recourse is had to compulsory labour for public works in the oversea territories.
27. Several replies refer to emergency regulations applicable in wartime,
periods of crisis or times of general disaster. 1
(1) The Government of Australia mentions the provisions in the Defence
Act, 1903-1951 and the National Service Acts, 1951 relating to the carrying out
of certain military and emergency duties, but states that " in the view of the Commonwealth Government, having regard to clauses (a) and (d) of paragraph 2
of Article 2 of the international labour Convention No. 29 and Article 5 of the
draft Covenant on Human R i g h t s . . . these matters do not come within the scope
of forced labour being investigated by the Ad Hoc Committee ".
1
In their replies to the Secretary-General's note of 18 March 1949, the following countries also
mentioned the use of forced labour in emergencies :
(a) Egypt (see United Nations document E/I337/Add. 3), which stated that it had no legislation
governing forced labour but thai, in cases uf üoous or similar emergencies, sufficient labour
would be pressed into service in order to cope with the emergency, such action being in accordance with the Forced Labour Convention (No. 29) ;
(b) Thailand (see United Nations document E/1337/Add. 22), which stated that under the Constitution of the Kingdom of Thailand of 1949, forced labour could be procured only under special
laws in times of imminent public calamity, during a time or state of war or a state of emergency as declared by Royal Command, or when martial law had been declared.

172

REPOBT OF THE AD HOC COMMITTEE ON FOKCED LABOUR

(2) The Government of France makes reference to an Act of 11 July 1938
on the general organisation of the nation in wartime, which allows persons to be
requisitioned. These provisions are no longer applicable in oversea territories
but have been retained in force in France under an Act of 28 February Î95Î " to
ensure the functioning of essential public services".
(3) In Greece, the decision of a municipal council may call upon all male
citizens of 18 years of age and over to do certain work in the interests of the life
and health of the inhabitants in the event of epidemics, fires, etc. In such cases,
exemption from the service may be obtained by payment of a sum fixed by law.
(4) The reply received from the Government of India quotes local regulations
which allow the requisitioning of labour to forestall or counter dangers threatening
property, irrigation channels and other public works.
(5) In Iraq, " in cases of unexpected and unforeseen emergencies such as
floods, fires and spreading of locusts and mice, wherefrom great public damage
may occur ", persons may be called upon by law for paid compulsory labour and
may be penalised for failing to respond.
(6) In Japan, the Local Autonomy Law allows labour to be requisitioned
" when it is necessary for the recovery of emergency disasters and in other cases
of special necessity ". The Japanese Government does not consider that this
constitutes an instance of forced labour within the meaning of the Forced Labour
Convention (No. 29), in view of the provision made for the appointment of a suitable
proxy or for the substitution of money for such services.
(7) I n Liechtenstein, during the Second World War, there was compulsory
auxiliary agricultural service for male citizens in. certain age groups.
(8) In Switzerland, military units and cantonal or communal police forces
may be sent in exceptional circumstances to counter natural disasters such as floods,
landslides, avalanches, forest fires, etc.
(9) In Syria, the State is empowered under the Martial Law Act to require
individuals to perform work which cannot be done otherwise, subject to fair remuneration, when such work is necessary for national defence.
(10) The Government of the United Kingdom states in its reply that compulsory labour may be required in oversea territories " to deal with emergency
situations endangering the life and well-being of the community (notably famine,
threatened invasion by locusts and forest fires) ". As regards the United Kingdom
itself, the Government reply mentions a Regulation of 1939 empowering the Minister
of Labour and National Service to direct any person in Great Britain to perform
such services as may be specified or to provide by order that " persons employed in an undertaking engaged on essential work to continue to give their
services in that undertaking ". This Regulation may now be used only to secure
" certain vital requirements of the country during the period of post-war economic
adjustment ". The reply adds that the Regulation " remains in force until 10
December 1952. Any further extension of its currency will require the prior
approval of Parliament." The last time it was used in practice was in 1949.
(11) In Yugoslavia, the law on the protection of forests provides for the
mobilisation of all the inhabitants of the surrounding places in the event of a
forest fire.
28. Two replies quote examples of persons having to assume public functions :
(1) In India, several special regulations require private individuals to help
the military or police in certain circumstances.

APPENDIX II : COMMITTEE'S QUESTIONNAIRE AND SUMMARY OF REPLIES

173

(2) In some Swiss cantons, various public offices have to be accepted, since
tnfty a.re fegR-rded as a civic duty fg.q. those of councillor in. a commune ma^or
magistrate, juryman, trustee, etc.).
29. In several oversea territories of the United Kingdom, minor communal
services may be required in the interests of the health, comfort and well-being of
the local population. The law also permits certain personal services to recognised
chiefs.
Similarly, the Government of India points to certain cases of compulsory
labour for the local authorities.
Referring to Papua and New Guinea, the Government of Australia mentions
work of a minor communal nature in the direct interests of the community.
30. The reply received from the Government of India also mentions cases
of local taxes payable in labour.
31. Several replies point to cases of compulsory porterage—
(1) The Government of Australia states that, in the Territory of Papua,
" in cases when the Natives have refused voluntarily to provide carriers for Administration officials, the Natives may be required to provide this service ", the requirement being " only for the purpose of facilitating the movement of officials
of the Administration when on d u t y " .
(2) In Cambodia, porters are occasionally recruited for the army.
(3) In Laos, remunerated transport workers may be requisitioned in certain
mountainous regions with difficult communications. The reply points out, however,
that such requisitions are tending to decrease.
(4) The United Kingdom Government mentions that porterage may be exacted
in Fiji, Borneo and several African territories in order to overcome the difficulties
presented by inadequate communications. The service is regulated as to loads,
distances and the number of days involved.
32. The Government of Australia mentions the compulsory planting of food
plants or crops in Papua and New Guinea, in any area which the Administration
may have declared to be an area liable to a famine or deficiency of food supplies.
The reply adds that this " is an emergency measure only, to ensure that the Native
people make adequate provision for their subsistence and welfare in special circumstances ".
The Government of France states that no law or text in its oversea territories
imposes compulsory cultivation.
It also mentions that national legislation makes it possible to require unemployed persons to do certain work in return for their unemployment benefits.
33. The reply received from the United Kingdom Government states that
work of a civilian character may be required of conscientious objectors under the
National Service Act, if a tribunal so decides. On an average, such work is required
of approximately 300 conscientious objectors every year.
Paragraph (b).
34. The Government of France states that the principle of freedom of movement is fully applied in the oversea territories of the French Union. Administrative
laissez-passer and travel permits have disappeared since 1946. Freedom of movement is restricted only in the interests of protecting health {e.g., when steps are
taken to combat widespread epidemics). In France itself the action taken to protect

174

REPORT OF THE AD HOC COMMITTEE OÎÎ FORCED LABOUR

domestic manpower and ensure the judicious distribution of workers among the
various economic sectors involves certain limitations on the employment of foreign
workers.
35. In Laos, an exceptional measure promulgated in a Royal Decree dated
21 July 1951 allows persons considered dangerous to national defence or public
safety to be assigned to a compulsory residence. This measure does not, however,
involve the compulsory performance of work and has, moreover, been applied
very sparingly so far (seven persons have been affected by it between August 1951
and April 1952).
36. In several of the oversea territories of the United Kingdom, restrictions
may be placed on the freedom of residence or movement of individuals in the interests of public peace or to prevent the spread of communicable diseases. The
persons affected are not obliged to work, however, and the employment factor
does not enter into the limitation imposed.
37. In New Zealand, immigrants have their passage paid, provided they
contract to remain for at least two years in the employment which has been assigned
them. Immigrants failing to observe this contract are required to repay their
passage money, and failure to do so renders them liable to a civil action for debt.
The New Zealand Government points out, however, that the obligation is purely
contractual, and cannot be said to result in compulsion to work.
Paragraph (c).
38. In China, the National General Mobilisation Act promulgated by the
Chinese National Government stipulates : " After the entry into force of this Act,
the Government may, whenever necessary, restrict or control the acceptance or
resignation of employment and place limitations on employment and the cessation
of employment, and on salaries or wages".
39. In the United Kingdom and most of its oversea territories, aliens admitted
to the country to take up specified employment may not change their occupations
without prior permission. The reply states that these restrictions are imposed
solely for the protection of the national labour market and do not constitute an
instance of forced labour, since the aliens affected are at liberty to leave the country
when they please and are not compelled to take up employment in the United
Kingdom.
40. The Government of Viet-Nam points out one case where a person's right
to change his job is limited—that of " contractual " workers, mainly engaged on
rubber plantations, who are obliged to conclude fixed-term contracts and may
terminate them before the date of their expiry only if the labour inspector has
given his consent. The object of this system is to enable an employer to recover
the appreciable outlay he incurs in hiring workers of this kind, whose numbers
total roughly 14,000. The authorities have not received any request since 1945
for a contract to be terminated before the date of its expiry.
41.
shortage
assigned
that the
future.

In Yugoslavia, immediately after the war, a law, made necessary by the
of medical staff, laid down that physicians and medical staff might be
to work in specified areas. In its reply, the Yugoslav Government adds
law is no longer being applied and will probably be abrogated in the near

APPENDIX III
SUMMARY OF ALLEGATIONS, OF REPLIES TO ALLEGATIONS
AND OF THE MATERIAL AVAILABLE TO THE COMMITTEE
COMMENTS BY GOVERNMENTS
ADDITIONAL MATERIAL

Explanatory note
This appendix summarises the information a t the disposal of the Coinmili.ee
relating to those countries concerning which allegations were m a d e . F o r each
of these countries there is an initial sections containing a s u m m a r y of t h e
allegations, the replies (if any) made i n t h e Economic a n d Social Council to those
allegations, and the replies (if any) t o the Committee's questionnaire and the
material available t o t h e Committe on 22 November 1952. These initial sections
are substantially t h e same as t h e informal documents transmitted, b y t h e Chairm a n of the Committee on 22 November 1952 t o the Governments concerned, for
comment.
The Chairman's accompanying letter read as follows :
Sir,
I have the honour to address you on behalf of the Ad Hoc Committee on Forced
Labour established by the Economic and Social Council in co-operation with the International Labour Organisation and appointed jointly by the Secretary-General of the
United Nations and the Director-General of the International Labour Office, in accordance with Resolution 350 (XII) of the Economic and Social Council.
The terms of reference of the Ad Hoc Committee were laid down in Resolution 350
(XII) as follows 1 :
During its First Session the Committee adopted the following interpretation of
its terms of reference 2 :
The Ad Hoc Committee on Forced Labour has now held three sessions : the first
in October 1951 in Geneva, the second in June-July 1952 in New York and the third
in October-November 1952 in Geneva. I t has submitted Progress Reports on the work
of these three sessions in documents E/2153, E/2276 and E/2341, respectively, which
documents are attached for Your Excellency's convenience.
I n the course of its First Session the Committee addressed a questionnaire based
1
2

The letter reproduces the terms o£ reference given on p. 4.
The letter reproduces the interpretation of the terms of reference given on pp. 5-6.

176

REPOET OF TEE AD HOC COMMITTEE ON FORCED LABOUR

upon its interpretation of its terms of reference to all governments (Committee Resolution No. I l l , B /2153, paragraph 22) ; it invited all non-governmental organisations
in consultative status with the Economic and Social Corincil or with the International
Labour Organisation to notify the Committee if they wished to be heard and questioned,
or to submit any documentary material and information in their possession relating
to the terms of reference of the Committee as it had interpreted them (Committee
Resolution No. I I , B/2153, paragraph 15) ; this privilege was also extended to organisations other than those in consultative status and to individuals who submitted
requests in conformity with the provisions laid down in Resolution I I (B/2153, paragraph 21).
I n the course of its Second and Third Sessions the Committee studied the replies
of governments to its questionnaire (E/AC. 36/11 and E/AC. 36/11. Adds. 1—21),
including the legal texts cited in those replies, allegations and replies to allegations
made during the debates on forced labour in the Economic and Social Council (Official
Records of the Eighth to Twelfth Sessions), documentation transmitted by governments
and non-governmental organisations relating to these allegations (E /AC. 36 /4 and
addenda 1 and 2), documentary material and information submitted to the Committee
by non-governmental organisations and individuals, and additional documentation
assembled b y the Committee itself based upon the above-mentioned sources of information.
During the Second and Third Sessions the Committee also heard a number of
non-governmental organisations and individuals invited by the Committee in accordance
with the procedure outlined in Resolution No. I I . These hearings were intended to
supplement the main documentary material already before the Committee.
At its Second Session the Committee expressed the opinion t h a t governments
should be informed of allegations regarding the existence of forced labour and that letters
transmitting these allegations should indicate the supporting evidence and documentation, particularly the laws and regulations involved, and should be despatched to
governments for comments. The Committee furthermore requested me to prepare such
letters for its approval at The third Session (E/2276, paragraph 35).
The allegations, as well as the documentary and other material concerning Your
Excellency's Government have therefore been summarised b y the Committee in the
annexed informal document. The Committee will take this material into consideration
when drafting its final report to the Economic and Social Council and to the Governing
Body of the International Labour Office. I t wishes to emphasise that a t the present
stage of its work it has come to no conclusions either on the relevancy of the allegations
or on the evidential value of the information and documentary material summarised
in the attached document.
The Committee feels t h a t the comments and observations of Your Excellency's
Government would be of great value for the accomplishment of its task. I t has approved
this letter and requested me, in my capacity as Chairman, by a decision adopted at its
forty-first meeting on 20 November 1952, t o forward the said document to Your
Excellency's Government and respectfully to invite Your Excellency's Government to
transmit any comments or observations it may wish to make regarding the attached
material. The Committee -would be grateful to receive these comments and observations
by 20 February 1953. I t is respectfully requested that replies be sent to the Chairman
of the Ad Hoc Committee on Forced Labour, c/o the United Nations, New York or
the International Labour Office, Geneva.
Please accept, Sir, t h e assurance of my high consideration.
A. Ramaswami MTJDALTAR,

Chairman,
Ad Hoc Committee on Forced Labour.

I n addition, the appendix reproduces such comments and observations on the
informal documents as had been received from Governments by 10 May 1953, as
well as any other relevant communications.

A P P E N D I X i n : T E B B I T O B I E S ADMLNISTEBED B Y AT7STBALIA

177

Lastly, for a number of countries, a section headed "Additional Material" conucftuio OIAUU. jLiixurxuai/iuii a>» Lilts vyuHiililub6e, JUI & utJöLvO i/u p i e o e i i u ¿to uuxiij^ioi/o OHMA

up-to-date a survey as possible, was able to assemble after 22 November 1952. None
of this information has, however, been transmitted to the Governments concerned,
and they have consequently had no opportunity to comment on it. Where any
additional material has been included, the fact is indicated in the initial section
by an asterisk placed before the number of the appropriate paragraph.

TERRITORIES ADMINISTERED BY AUSTRALIA
Summary of Allegations and of the Material Available to the Committee

NAURU
I.

ALLEGATION

1. In the course of the debates in the Economic and Social Council, the
following allegation was made with regard to this territory by the representative
of the Ü.S.S.B.—
In the Territory of Nauru under Australian administration, the Chinese workers
recruited to work in the phosphate mines were subjected to a disguised form of forced
labour. They lived in an isolation which recalled that of prisoners and in cases of violation of the terms of their contracts they were liable to prosecution.1
II.

MATERIAL AVAILABLE TO THE COMMITTEE

2. The Committee has not received any material with a bearing on this allegation from any Government, non-governmental organisation or private individual.
3. The U.S.S.R. Government has not replied to the request made by the
Secretary-General of the United Nations that it should send him the documents
on which its representative had based his statement in the Economic and Social
Council.2
4. In its reply to the Committee's questionnaire 3 , the Australian Government
states that no forced or compulsory labour whatsoever exists in Norfolk Island
and Nauru.
5. The following information is derived from the material collected by the
Committee.
6. In its reports to the General Assembly of the United Nations on the administration of the Territory of Nauru, the Australian Government regularly provides
1
U N I T E D N A T I O N S , Economic a n d Social Council, 12th Session, 469th meeting : Official
p a r a g r a p h 22.
3
See United Nations document E/AC.36/4.
3
United Nations document E / A C . 3 6 / U / A d d . 2 1 .

Becords,

178

BEPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

information on t h e Chinese labour used in t h e phosphate mines. I n this connection,
t h e report for t h e period 1 July 1948 t o 30 J u n e 1949 s t a t e s —
The bulk of the semi-skilled and unskilled labour utilised in connection with the
mining and shipment of phosphate from the island comes from China. The Chinese
are recruited in Hong Kong by an agent representing the British Phosphate Commissioners, in accordance with the demand for such labour in the Territory. Recruits,
before final selection, are examined by an official of the Government of Hong Kong,
who reads and explains t o them the terms of the agreement of engagement. The new
employees are conveyed b y sea free of charge to Nauru, where the agreement is again
read and further explained to them under the direction of the Administrator, who, when
satisfied t h a t each intending employee is fully aware of the terms of the engagement,
approves and witnesses the signatures of the agreement.
The agreement is made and entered into subject to the provisions of the Chinese
and Native Labour Ordinance, 1922-1924, and of any and of all Ordinances of the
Administration of Nauru which may be in force a t the time the agreement is signed.
The Chinese and Native Labour Ordinance contains provisions for the adequate
quartering of all immigrant labour ; the supply of rations ; the availability of medical
and hospital facilities ; the observance of public health regulations ; the hours of employment and overtime conditions ; the free repatriation of labourers a t the expiry of their
contract and for re-engagement if both parties so desire.
On arrival a t the island the workers are required to enter quarantine for observation, after which they are housed in a Chinese settlement. Chinese employees of the
Administration are housed in the Administration settlement.
On completion of their contracts those who desire to return or who are not reengaged are provided with free return passage to their homes.
The movement of Chinese workers during the year was—
Population a t 1 J u l y 1948
Arrivals during 1948-1949
Repatriation during 1948-1949 . . .
Deaths during 1948-1949
Population a t 30 J u n e 1949 . . .

1,370
106
1,476
33
_3

36
1,440

(including 2 women
and 2 children). 1

7. Under t h e Chinese a n d Native Labour Ordinance, 1922 (No. 18 of 1922) 2
persons guilty of breaches of contracts of employment are liable t o penal sanctions.
According to Article 8 : " A labourer who has entered into a contract of service
a n d who neglects, w i t h o u t reasonable cause, t o perform a n y work, which under
t h e contract it is his d u t y t o perform, shall be guilty of a n offence". Article 14
goes on t o state t h a t " A n y labourer who through negligence or carelessness orother improper conduct, causes damage to, or loss of, a n y tools or other property
of his employer, shall be guilty of a n offence".
8. Australia has n o t yet ratified t h e international labour Convention No. 65
concerning penal sanctions for breaches of contracts of employment b y indigenous
workers.

GOVEBNMENT O F T H E COMMONWEALTH O F AtTSTEAUA : Report to the General Assembly of the United
on the Administration
of the Territory of Nauru from 1 July 194S to 30 June 1949, p a r a g r a p h 160.
See GOVERNMENT O P T H E COMMONWEALTH O F AUSTRALIA : Report on the Administration
of Nauru
during the Year 1922, prepared by the Administrator
for Submission to the League of Nations (Victoria,
1923), p . 30.

Nations

A P P E N D I X i n : T E B K I T O B I E S A D M H Ï I S T E E E D BY AUSTBALIA

179

NEW GUINEA
I.

ALLEGATION

1. In the course of debates in the Economic and Social Council, one allegation
was made with regard to this territory. I t was concerned with (a) certain restrictions on the freedom of employment, and (b) the use of compulsory labour for
certain types of work. The allegation, made by the representative of the U.S.S.S.,
was as follows :
In New Guinea, under Australian administration, the Natives were not entitled
to dispose freely of their own work. Thus they had no right to accept employment
outside the area in which they resided without obtaining special permission. Although
the Act of 1949 prohibited forced labour in principle, the regulations relating to Native
aclniinistration contained a provision permitting the use of forced labour for certain
types of work regarded as useful for the populations concerned.1
II.

MATEBIAL AVAILABLE TO THE COMMITTEE

2. The Committee has not received any material with a bearing on this allegation from any Government, non-governmental organisation or private individual.
3. The Government of the U.S.S.R. has not replied to the request made by
the Secretary-General of the United Nations that it should send him the documents
on which its representative based his statement in the Economic and Social Council.2
4. In its reply to the Committee's questionnaire 3 the Australian Government
has supplied certain information relating to the above-mentioned allegation. I t
states, however, that the requirements in question " do not fall within the scope
of the questionnaire of the Ad Hoc Committee on Forced Labour which is
concerned with forced labour of such a nature as to lend a large degree of economic
assistance to the State ".
5. The following information is derived from the material collected by the
Committee.
Restrictions on Freedom of Employment
6. The Native Labour Ordinance, 1946 4 , which regulates the recruitment
and conditions of employment of the indigenous population of New Guinea in
great detail, imposes certain restrictions on the freedom of employment, viz.
(a) In each District, the District Officer has to determine the maximum
number of Natives who may be recruited or removed from the District without
there being any danger of depopulation. Any person who recruits or removes
a Native knowing that such recruitment or removal will result in the maximum
number specified being exceeded is liable to a £100 fine (Article 11).
1
U N I T E D NATIONS, Economic and Social Council, 12th Session, 469th meeting : Official Records,
paragraph 21.
2
See United Nations document E/AC.36/4.
3
United Nations document E / A C . 3 6 / l l / A d d . 2 1 .
* GOVERNMENT OF T H E COMMONWEALTH o r AUSTBAIJA : The Acts of the Parliament o) the Commonwealth of Australia passed during the Year 1946, p p . 9 et seq.

180

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

(b) The Administrator may, from time to time, determine and declare the
maximum number of labourers and employees who may be employed in any industry
or class of industry (Article 34).
(c) A Native who has been employed under a contract—which may not be
longer than one year (Article 39)—has to be returned home on the termination
of the contract and may not again be recruited or enter into a new contract until
he has remained at home for a period of at least three months (Articles 16 (i) and 40).
(d) Outside engagements under contract as regulated by the Ordinance,
a Native may be employed only within the District where his home is situated
or within a 25-mile radius of his home ; to be employed elsewhere in the territory,
he has to obtain official permission (Article 90).
7. In its report to the General Assembly of the United Nations on the administration of New Guinea from 1 July 1946 to 30 June 1947 x the Australian Government mentions these provisions and explains that they are " designed to preserve
the Native economy and to make the best use for the benefit of the Territory as
a whole of the Natives who are available for employment ". Formerly, the length
of a contract of employment under the indenture system (which the 1946 Ordinance
is intended to abolish) was seven years. 2
Compulsory Labour for Certain Types of Work
8. Australia ratified the international labour Convention No. 29 concerning
forced or compulsory labour in 1931. Today, forced labour is prohibited by Article
71 (2) of the Papua and New Guinea Act, 1949 (No. 9 of 1949), which r e a d s Forced labour is prohibited in the Territory except in such circumstances as are
permitted by the Convention concerning forced or compulsory labour adopted by the
International Labour Organisation and approved by Australia on the second day of
November, One thousand nine hundred and thirty-one, or any Convention replacing
or amending that Convention.3
9. In its reports to the I.L.O. on the Forced Labour Convention (No. 29) 4 ,
the Australian Government states that in New Guinea this Convention is applied
in full and that forced or compulsory labour for the construction and maintenance
of roads, the transport of persons or goods and for underground work in mines
is effectively prohibited. Compulsory labour for the benefit of private individuals,
companies or associations has never been permitted and there are no Native chiefs
to exact compulsory labour in any form. Any attempt to do so is punishable under
the Criminal Code.
10. On the other hand, these reports mention one or two exceptions : the
law allows porterage in the neighbourhood of villages and work or services executed
in cases of emergency. In addition, a system of compulsory cultivation is still
in existence in New Guinea.
1
GOVERNMENT O F T H E COMMONWEALTH O P AUSTRALIA : Report to the General Assembly of the
United Nations on the Administration
of the Territory of New Guinea from 1 July 1946 to 30 June 1947,
p. 12. See also U n i t e d N a t i o n s document T/138, p p . 5-7.
2
United Nations d o c u m e n t T/202, p . 6.
8
The Acts of the Parliament of the Commonwealth of Australia passed during the Year 1949, op. cit.,
p . 38.
4
International Labour Conference, 32nd Session, Geneva, 1949 ! Summary of Reports on Ratified
Conventions (Geneva, 1949), p . 207, a n d idem, 33rd Session, Geneva, 1950, ibid. (Geneva, 1950), p . 150.

APPENDIX DI : TEBBITORIES ADMTNISTEBED BY AUSTBALIA

181

11. At the present time, compulsory cultivation is governed by Regulation
No. 11 of 1950 1 which is reproduced in the Australian Government's reply to the
questionnaire.
12. The reports to the I.L.O. mentioned above 2 state that this Regulation is a precaution taken against a deficiency of food supplies and that at the
present stage of development of the Native inhabitants in the territory it is
not considered advisable to rescind it, though it is infrequently enforced. The
reply of the Australian Government points out that it is " an emergency measure
only, to ensure that the Native people make adequate provision for their subsistence and welfare in special circumstances ".

Comments and Observations of the Australian Government
The Ad Hoc Committee on Forced Labour has received the following letter
from the Australian Department of External Affairs (Canberra) :
Sir,
I have the honour to refer to your letter of 22 November to which were attached
the texts of allegations concerning the existence of forced labour in New Guinea
and Nauru.
I would be grateful if you would bring to the attention of the Committee the
following comments and observations on the allegations and the material concerning
them summarised in documents MFL/5/52(l) and MFL/5/52(n) :
New Guinea : The Native Labour Ordinance, 1946, referred to in paragraph 6
of document MFL/5/52(l), has been repealed and is replaced by the Native Labour
Ordinance, 1950-1952, copies of which are attached for the information of the
Committee—
An examination of this legislation shows—
(a) the Administrator is still empowered to declare " prohibited areas "
(Section 101);
(b) the Administrator is still empowered to restrict employment in certain
industries (Section 100) ;
(c) the system of contracts was abolished by the 1950 Ordinance and a
system of agreements substituted. Such agreements were originally for
a period of 18 months with one extension to a total time of two
years. Under the 1952 amendment to the Ordinance these periods
are varied to two and three years respectively. The obligation to be
returned home and the interval of three months before re-engagement
remains, but these provisions do not apply to an employee living with
his wife and family at his place of employment (Sections 30 and 31) ;
(d) the allegation that the Natives were not entitled to dispose freely of their
own work and, in particular, had no right to accept employment outside
the area in which they resided without obtaining special permission is
incorrect, as Section 64 of the Native Labour Ordinance, 1950-1952
clearly states that a Native may be employed in any part of the Territory.
1
2

See Annex B to United Nations document E/AC.36/ll/Add.21.
See above, paragraph 9.

182

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

This legislation was referred to in section 33 of the New Guinea annual report,
1950-1951 and section 40 of the New Guinea annual report, 1951-1952, copies
of which have been made available to the United Nations. Extracts of the relevant
sections are attached for the Committee's information.
The attention of the Committee might be invited to the foregoing statements
and also to the fact that the only form of forced and compulsory labour permitted
in the Territory is of a kind permissible under the international labour Convention
concerning forced or compulsory labour (Papua and New Guinea Act, 1949-1950).
The " compulsory planting of foodstuffs as a precaution against famine " referred
to in paragraphs 10, 11 and 12 of the document falls within this category, details
of the relevant legislation being given in the information already submitted to the
Committee in reply to the questionnaire drawn up at the First Session of the Committee. It has not been necessary to take any action under this legislation.
No other form of forced labour exists in New Guinea.
Nauru : While the annual report on Nauru, 1948-1949 is quoted accurately
in paragraph 6 of document MFL/5/52(n), more recent information is available in
section 32 of the annual report on Nauru, 1951-1952. Copies of section 32, which
should replace the information quoted in document MFL/5/52(n), are attached.
Your attention is drawn in particular to the fact that Chinese may now be
accompanied by their wives.
The reference to " penal sanctions for breach of contract " is correct in as
much as the particular legislation is still in force. However, approval has been
given by the Minister for Territories for the abolition of penal sanctions, and action
is being taken to amend the Chinese and Native Labour Ordinance, 1924 accordingly.
I have the honour to be, etc.
(Signed)

R. G. CASEY.

Annual Report to the General Assembly of the United Nations on the Administration
of the Territory of Nauru, 1951-1952
(Extract)
The following quotation is taken from section 32, Labour, of the above report :
The population of the Island at 30 June 1952 totalled 3,244, consisting of 1,672
Nauruans, 759 Chinese, 560 Gilbert and Ellice Islanders, and 253 Europeans—2,367
adults and 877 children. The general labour situation in the Territory is indicated by
the following table, which shows the adults in employment and where they were
employed at 30 June 1952 :
Where employed

Administration
British Phosphate CornNauru Co-operative
Society
Other
Total . . .

Europeans

Chinese

100

716

—
6
123

747

Gilbert
and
Elliee Is.

Nauruans

Total

280

328

420

124

1,360

—
38

48
39

48
83

458

491

1,819

APPENDIX n i : TEBHITOKIES ADMINISTERED BY AUSTRALIA

183

During the year the number of Chinese workers decreased from 1,411 to 747, the
movement being—
Chinese workers a t 1 July 1951
1,411
Arrivals during 1951-1952
44
1,455
Repatriated during 1951-1952
706
Deaths during 1951-1952
2
708
Chinese workers a t 30 J u n e 1952
747
Eight were transferred to Ocean Island and the balance were repatriated to Hong
Kong—three of the workers were repatriated on account of health reasons. I n the
previous year 19 workers had been repatriated on health reasons.
The total labour employed by the British Phosphate Commissioners at 30 June
1951 was 1,597 compared with 1,360 a t 30 J u n e 1952. The reduction was effected by
the introduction of further mechanical methods of mining phosphate and the completion of reconstruction and development programmes.
There is no recruitment of labour in the Territory. The indigenous inhabitants
are engaged by the Administration on a permanent or temporary basis and by the
British Phosphate Commissioners as casual non-contract workers. Chinese are recruited
on contract from Hong Kong and Gilbert and Ellice Islanders from t h a t colony. The
Chinese are recruited by an agent representing the British Phosphate Commissioners.
Recruits, before final selection, are examined by an ofiELcial of the Government of Hong
Kong, who reads and explains to them the terms of the agreement of engagement. The
new employees are conveyed by sea free of charge to Nauru, where the agreement is
again read and further explained to them under the direction of the Administrator, who,
when satisfied that each intending employee is fully aware of the terms of the engagement, approves and witnesses the signature to the agreement.
The agreement is made and entered into subject to the provisions of the Chinese
and Native Labour Ordinance, 1922-1924, which contains provisions relating to quarters,
rations, medical and hospital facilities, the hours of employment and overtime conditions,
and the free repatriation of the workers a t the expiry of their contract or the
re-engagement if both parties so desire.
On arrival at the island the workers are required to enter quarantine for observation, after which they are housed in a Chinese settlement. Chinese employees of the
Administration are housed in the Administration settlement.
On completion of their contracts, those who desire to return or who are not
re-engaged are provided with free return passages to their homes.
During the year approval was given for the wives and families of Chinese workers
to be admitted to the Territory subject to the following conditions :
(1) the wife of a worker and not more than two children, each under the age of
12 years, may be granted a permit to enter and reside in Nauru for a period of one year
in the first instance ;
(2) a permit may, a t the discretion of the Administrator, be renewed in periods
not exceeding one year up to a maximum total period of residence of three years ;
(3) no application for re-entry after the expiration of a total period of three years'
residence is to be considered until after the lapse of a further three years ;
(4) all members of families, including children born on the island, t o leave Nauru
at the expiration of the permit.
Natives from the Gilbert and Ellice Island colony are recruited and employed on
conditions similar to those applicable to Chinese.
Training of workers : Nauruan boys between the ages of 16 and 18 years are
eligible for apprenticeship to any trade, provided they possess the required basic education. The apprenticeship term covers five years, a t the expiration of which the apprentice may qualify as a tradesman. Classes for the instruction of apprentices are conducted
by the Administration.

184

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

International Labour Organisation : The following Conventions of the International
Labour Organisation have been applied to the Territory of Nauru :
No. 27 : Convention concerning the marking of the weight on heavy packages transported by vessels, 1929.
No. 29 : Convention concerning forced or compulsory labour, 1930.
No. 80 : Final Articles Revision Convention, 1946.
Labour legislation : Every contract for service or work in the Territory of Nauru by
Chinese, Nauruans and other Pacific Islanders is made in accordance with the provisions
of the Chinese and Native Labour Ordinance, 1922-1924, which prescribes minimum
conditions and standards for the general benefit of the employees. Every contract must
be made in the presence of, and is subject to the approval of, the Administrator, who
ensures that the employee understands and is fully aware of the conditions contained
therein. Contracts for service are for one year. Indigenous inhabitants of the Territory
present themselves for work with any of the three employing organisations, namely,
the Administration, the British Phosphate Commissioners, or the Nauru Co-operative
Society. Such employment is arranged b y the Native Affairs Office, and it is either of a
permanent or of a casual nature, depending on the requirements of each organisation
and the qualifications of the applicant.
A general survey of the conditions of employment in the Territory is given in
sections 149 to 167 (pages 49 to 54) of the annual report, 1948-1949.
Annual

Report to the General Assembly of the United Nations on the
of the Territory of New Guinea, 1950-1951

Administration

(Extract)
The following q u o t a t i o n is t a k e n from page 50, Labour Legislation, of the
above report :
The Native Labour Ordinance, 1946 was repealed by the Native Labour Ordinance,
1950, which came into force on 1 January 1951.
The 1950 Ordinance substitutes a system of agreements for the system of contracts
previously in force. Contracts in force immediately before the commencement of the
1950 Ordinance continue, but, as the maximum length of such contracts is 12 months,
the last of the contracts will expire not later than 31 December 1951. The effect
of this Ordinance can already be seen in the reduction of the number of indentured
workers by 4,723, although the total number of Native workers employed increased by
2,168. In addition to the employment of Natives under agreement, the 1950 Ordinance
deals with the employment of casual workers, the movement of Natives beyond the
Territory, and general conditions in regard to employment.
Provision is made for the appointment of authorised officers and inspectors to
secure observance of the Ordinance.
Annual

Report to the General Assembly of the United Nations on the
of the Territory of New Guinea 1951-1952

Administration

(Extract)
The following q u o t a t i o n is t a k e n from section 40, Labour, of the above report :
Legislation : The employment of Natives is regulated by the Native Labour
Ordinance, 1950, which came into operation on 1 January 1951. The Ordinance
substituted a system of agreements for employment for the system of contracts previously in force. The last of the contracts expired on or prior to 31 December 1951.
Amendments to the Ordinance were effected during the year by the Native Labour

APPENDIX m

: TEBBITORIES ADMINISTEBED BY BELGIUM

185

Ordinance, 1952 (No. 83 of 1952). The Ordinance has received the Governor-General's
assent but it had not been brought into operation a t 30 J u n e 1952.
The amendments made included—
(i) a change in the maximum term of an agreement from a period not exceeding
18 months with an extension up to a total of two years on certain conditions
to a period not exceeding two years with the right to the employee to an
extension upon the same conditions as the original agreement for a period not
exceeding one additional year ;
(ii) the restriction of a monetary payment in lieu of rations to casual workers who
have been issued by a District Commissioner with a permit permitting them
to receive such payment'. Formerly any casual worker could be paid a monetary allowance in lieu of rations.
The Ordinance requires an employer of labour to issue free of charge to each
employee rations, clothing and other articles as are prescribed by regulations. The
ration scale was altered by an amendment to the regulations published in Gazette No. 14
of 28 February 1962. The new ration scale includes items and alternatives, the majority
of which can be produced in the Territory.

TERRITORIES ADMINISTERED BY BELGIUM
Summary of Allegations, of Replies to Allegations and of the Material Available
to the Committee
CONGO
I.

ALLEGATIONS

1. I n the course of debates in the Economic a n d Social Council, allegations
were made concerning (a) compulsory cultivation, a n d (b) labour conditions in
t h e mines, particularly the uranium mines.
2. Eeferring to compulsory cultivation, t h e representative of the World
Federation of Trade Unions (W.F.T.U.)
made t h e following s t a t e m e n t to the
Economic and Social Council :
The report submitted by the Committee of Experts on the Application of Conventions and Recommendations to the International Labour Conference at its Thirtythird Session referred to various territories where forced labour still existed. According
to that report, forced labour existed in the Belgian Congo in the guise of agricultural
work carried out for educational purposes. I n those cases the persons condemned to
forced labour had not even been guilty of any offence.1
3. Labour conditions in the mines were t h e subject of the following statements
to t h e Council :
(1) The representative of Poland—
Conditions in the Belgian Congo, now that the mines were under American management, approached those of a concentration camp. 2
1
U N I T E D NATIONS, Economic a n d Social Council, 12th Session, 470th meeting : Official
p a r a g r a p h 26.
1
Idem, 8th Session, 244th meeting : Official Records, p . 173.

Records,

186

BEPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOUR

(2) The representative of

Poland—

The representative of Belgium had also shown much concern about the situation
in the Union of Soviet Socialist Republics, without, however, mentioning the deplorable
situation in the Belgian Congo, for which territory he (Mr. Katz-Suchy) could cite
several examples of forced labour. To take just one, natives working in the uranium
mines in the Belgian Congo could not change their employment. 1
(3) The representative of t h e Byelorussian

S.S.M.—

The material wealth of the Belgian Congo was exploited by American capitalists
and its uranium ore commandeered for atomic bomb manufacture. A description of
the conditions in the uranium mines had appeared in Samedi-Soir ; they were surrounded
by barbed wire and the workers were treated so badly t h a t many of them died.2

II.

R E P L I E S B Y T H E R E P B E S E N T A T T V E O F B E L G I U M TO T H E ECONOMIC AND SOCIAL

CouNcn,
4. Answering t h e allegations concerning labour conditions in t h e mines, t h e
representative of Belgium m a d e t h e following statement :
The Polish representative had asked him to say something of the working conditions in the uranium mines in the Belgian Congo. So far, Belgium had escaped criticism,
a dispensation which was beginning to become somewhat embarrassing. His reply
would be simple. The forced labour in the Belgian Congo was governed by Convention
No. 29 concerning forced or compulsory labour adopted by the International Labour
Conference in 1930, to which Belgium was a party. The Convention had been approved
by the Decree Law of 20 May 1943, published in the Moniteur on 31 July of the same
year. The Decree Law was prefaced b y a lengthy statement on the reasons for its
adoption, which gave an accurate description of the situation in the Belgian Congo.
Forced labour on behalf of private interests was completely forbidden. I t was imposable in exceptional cases, to be determined by the Administration, and for public
purposes, such as food-growing or agricultural training courses. If that was what the
Soviet Union and Polish representatives understood as forced labour, their definition
of the term was extremely wide. 3
5. Later, a s t a t e m e n t was m a d e b y t h e representative of Belgium with regard
t o compulsory cultivation :
The representative of the World Federation of Trade Unions had, however,
followed precisely the opposite line and had dealt with issues within the competence
of the Trusteeship Council or other organs of the United Nations and I.L.O.
(470th meeting). His references to the type of forced labour which existed in the
Belgian Congo called for comment. Belgium had ratified the international Convention
on forced labour, subject t o the reservations provided in Article 35 of the Constitution
of the I.L.O. ; it had thus undertaken to abolish the use of forced labour at the earliest
possible date, and. in the meantime, to permit forced labour in the circumstances and
subject to the guarantees provided in the Convention. Belgium had loyally complied
with the obligations it h a d assumed and reported annually on their execution. The
International Labour Organisation had never had any cause for complaint on that
score.
1
UNITED NATIONS, Economic and Sooial Council, 9th Session, 321st meeting : Official Records,
p. 553.
a
Ibid,, 322nd meeting : Official Records, pp. 561-562.
»Ibid., 324th meeting: Official Records, p . 591.

APPENDIX HI : TEBBITOBIES ADMESISTEBED BY BELGIUM

187

Belgium was responsible for primitive populations with little inclination for agricultural work. I t was therefore not surprising that the report to the Thirty-third
Session of the International Labour Conference on the application of the Convention
should have referred to the extensive use of compulsory labour as a means of agricultural instruction and of securing the execution of urgent work in the interests of the
community. Compulsory labour was subject to a limit of 60 days and no restrictions
could be placed on the sale of the crops produced. Similarly, in a huge territory liable
to torrential rainfall during certain seasons of the year, it was essential, in the interests
of the population itself, to use indigenous labour to restore communications. Provisions
were in force to prevent the unjust use of such labour.
I t was obvious that the practices t o which the representative of the W.F.T.U. had
referred were in an entirely different category from the damning revelations made t o
the Council regarding concentration camps in certain countries of Europe. I t was t o
those revelations that the proposed committee should devote its exclusive attention. 1

III.

M A T E R I A L AVAILABLE TO T H E COMMITTEE

6. The Committee has n o t received a n y material with a bearing on these
allegations from a n y Government, non-Governmental organisation or private
individual.
7. No action was t a k e n b y t h e Governments of Poland or t h e Byelorussian
S.S.R. or by the World Federation of Trade Unions on the request b y t h e SecretaryGeneral of the United Nations t h a t t h e y should send him the documents a n d publications which their representatives h a d quoted during t h e debates in t h e Economic
a n d Social Council. 2
8. I n its reply t o the Committee's questionnaire 3 , t h e Belgian Government
did n o t provide a n y information on t h e Belgian Congo, considering t h a t P a r t I I
of t h e questionnaire was unrelated t o t h e Committee's terms of reference as set
forth in Resolution 350 (XII) of t h e Economic a n d Social Council.
9. The Committee has assembled a n d examined a certain a m o u n t of information
related t o t h e allegations mentioned under Section I above ; this is summarised
below.
Compulsory

Cultivation

Legislation.
10. When, in 1944, Belgium ratified t h e international labour Convention
No. 29 concerning forced or compulsory labour, i t did so with amendments t o t h e
rules which govern compulsory cultivation. A Legislative Order d a t e d 20 May 1943
to ratify this Convention contains t h e following provisions in Article 2 (II) :
By way of exception to the provisions of the first paragraph, the competent authority may authorise recourse to compulsory cultivation as a means of agricultural
instruction, if such a measure is justified by the idleness or improvidence of the population, subject nevertheless to the following conditions :
(a) that the compulsion thus imposed is temporary and ceases as soon as the communities to which it is applied have acquired the habit of such cultivation ;
(b) that the compulsion is not applied except for the cultivation of land in which the
communities or individuals concerned possess accrued rights ;
1
UNITED NATIONS, Eoonomio and Social Council, 12th Session, 472nd meeting : Official Records,
paragraphs
6-8.
2
See United Nations document E/AC.36/4.
»United Nations document E/AC.36/ll/Add. 15.

188

REPORT OE THE AD HOC COMMITTEE ON FORCED LABOUR

(c)

t h a t the produce of the cultivation thus imposed and all profits accruing from the
sale of the produce thereof remain the property of the individuals or communities
concerned ;
(d) t h a t all necessary measures are taken to ensure the sale of the produce under the
most advantageous conditions ;
(ej t h a t all necessary measures are taken to protect the communities and individuals
concerned against fraud on the part of the purchasers of the produce, in particular
by the fixing of a minimum purchase price and b y regulations relating to the
weighing and payment of the produce.
By way of exception t o the said provisions, the competent authority may authorise
recourse to the compulsory planting of certain species of trees for the purpose of
reafforestation. 1
11. A Decree of 5 December 1933 o n Native sub-districts, as amended b y a
Legislative Ordinance of 17 April 1942, makes the following provision for compulsory cultivation :
45. Native sub-districts shall be required, without aid from the colonial budget—
(g)
(h)

to build and maintain in good repair the local means of communication, including
the crossings over rivers or swamps which they involve ;
(Legislative Ordinance of 17 April 1942)—to plant and cultivate in the subdistrict food crops for the sustenance, and in the exclusive interest of the population, or food crops or products for export introduced for educational purposes,
and to harvest and process them in the manner determined for each product ; or
to undertake reafforestation and anti-erosion work, or livestock-breeding and
anti-epizootic campaigns, or to build installations to improve the processing of the
livestock or crop products.

The sale of crop products and the work indicated above shall be performed without
compulsion, and for the individual and exclusive benefit of the growers. 2
Purpose and Importance

of Compulsory

Cultivation.

12. I n its reports t o the I.L.O. on t h e application of Convention No. 29, the
Belgian Government refers t o compulsory cultivation a s a method of instruction
used in the interests of t h e indigenous population. 3 This was also the explanation
given i n t h e Economic a n d Social Council b y the representative of Belgium in his
statement quoted earlier. 4
13. A report b y t h e Belgian Colonial Council explains w h a t is meant here
b y " a method of instruction ". 6 The idea is n o t so much t o teach the indigenous population how t o grow plants which they can use for food and so safeguard
themselves against t h e risk of famine as, first, t o offer a possibility of helping poor,
often exceedingly poor, groups of people t o t r y o u t certain non-traditional crops
as a means of improving their standard of living and, secondly, t o cater for the
need t o channel these new products into European commercial a n d industrial
organisations which alone are capable of processing and merchandising them. The
r e p o r t goes on t o mention certain tendencies towards abusive practices :
1
2

Moniteur belge (London, 31 July 1943), No. 16, p. 279 ; I.L.O. : Legislative Series, 1943—Bel. 2.
L. STBOUVENS and P. PmoN : Codes et lois du Congo belge, 6th edition (Brussels and Leopoldville,
1948), p. 769.
3
See, inter alia. International Labour Conference, 33rd Session, Geneva, 1950 : Summary of
Reports on Ratified Conventions (Geneva, 1950), pp. 150-152.
4
See above, paragraph 5.
* See L. STBOUVENS and P . PIRÓN, op. cit., pp. 870-871.

APPENDIX H I : TEEBITOBIES ADMINISTERED BY

BELGIUM

189

But compulsion too often used without moderation or regard for circumstances is
unlikely to achieve lasting results, the only kind that matter. The indi.iBtrin.liBk or
business man relies too exclusively on such compulsion. Counting upon the indigenous
population's obligation to supply his factories and machines, he makes no attempt a t
adaptation. His main concern, for which of course he cannot be blamed, is his undertaking's returns. I n periods of prosperity, success, accentuated by the low wages paid
to the indigenous producer, brings him in large profits which lead him to have ambitious
ideas and to expand his undertaking to an extent incompatible with the difficulties
inherent in periods of economic depression. I n order to keep going, he appeals to the
administration, which is disturbed to see the results—obtained with its own assistance
—in danger, even if only because of their effect on the budget and on the charitable
works and institutions from which the indigenous population itself benefits, and immediately thinks mainly in terms of lowering the purchase price paid to the grower and of
increasing production. The result is individual wages that are extremely low in proportion to the work required.
as
of
in
of

The report stresses the point t h a t compulsory cultivation cannot be regarded
a lasting measure. AH obligation to engage in it must lapse as soon a s t h e education
the crop-grower is complete. This stage m a y be reached in a fairly short time
t h e case of forest plantations (palms) or shrubs (coffee plants) b u t n o t in the case
annual crops (cotton a n d rice). The report concludes—

To sum up, compulsory crop-growing cannot be regarded as a permanent means of
developing the colony and supplying European undertakings whose trade is based upon
indigenous crops. The administration must devote all its efforts to t h e abolition of
compulsory measures, which were adopted temporarily to create among the indigenous
population an attitude favourable to the development of their agricultural production
and so to their own economic prosperity.
14. I n a book published in Brussels in 1950 1 , Professor Emile Verleyen of the
University Institute of Overseas Territories writes in greater detail a b o u t t h e origin
a n d role of compulsory cultivation in the Belgian Congo. He recalls t h e fact (page 343)
that, before t h e war of 1914-1918, Belgian colonial undertakings were almost exclusively commercial in character, the indigenous population growing only w h a t i t
needed for its food. H e states later (page 499), however, t h a t owing t o t h e First World
W a r t h e mother country found it necessary to increase t h e o u t p u t of colonial farm
products. The Allied Armies needed foodstuffs, while munition factories required
cotton. This was when the system of compulsory cultivation was begun. After
the war i t was retained and yielded extremely satisfactory results in t h e production
of rice, coffee, palm oil, maize, sesame and, particularly, cotton. I n a few years,
Professor Verleyen states (page 500), the cotton crop has become one of t h e most
important factors in Belgian colonial economy owing t o t h e system of compulsory
cultivation a n d t o the advantages which t h e indigenous population derives from
the export policy. Although the system benefits the local peoples, who improve
their economic situation by learning t o cultivate new crops, t h e a u t h o r recognises
t h a t it has its disadvantages and recommends t h a t it should be abolished as
soon as possible.
15. The disadvantages are discussed in greater detail in a r e p o r t produced
in 1947 b y a Belgian Senate study mission t o the Congo and territories under Belgian
trusteeship. 2 Speaking of the exodus from the villages a n d t h e drift towards t h e
u r b a n a n d non-tribal centres, the report points o u t (page 14) t h a t " m a n y of t h e indigenous population leave the bush where life is less attractive a n d where—it has
1
a

1947).

E . V E R L E Y E N : Congo, patrimoine de la Belgique (Brussels, 1950).
Rapport de la Mission sénatoriale d'études du Congo et dans les territoires sous tutelle belge (Brussels,

190

REPORT OF THE AD HOC COMMITTEE ON- FORCED LABOUR

to be admitted—numerous corvées are imposed on the inhabitants in the form of
road building or maintenance, the construction or alteration of bridges or even
compulsory cultivation". Turning to the prison population, whose numbers are
so high (10 per cent, of the male population) that they " might lead one to suspect
that imprisonment is a convenient way of increasing local manpower ", the report
states (page 68) that " this is due to the multiplicity of crimes, such as breaches of the
regulations governing cotton planting and breaches of labour contracts ". Despite
these disadvantages and while recognising that " most of the compulsory cultivation
is for the benefit of monopolies", the Senate Mission felt that the indigenous population derived sufficient material advantage from compulsory cultivation for the
system to be justified (pages 32-33).
16. The Standing Committee for the Protection of Indigenous Populations has
also commented on this system. In a book published in 1949 summarising the work
of this Committee *, its Chairman, Mr. L. Guebels, Attorney-General in Elisabethville,
points out (page 103) that—
In the face of war production requirements, the system of compulsory cultivation
has lost the educational aspect which is its only justification. Agricultural instruction,
in many cases entrusted to inexperienced staff whose task was to provide indigenous
planters with directives and advice and also to supply them with selected seeds, often
tried to beat production records simply by instructing their unpopular agricultural
" monitors " to increase the length of the rope used for measuring the areas sown.
In the Committee's view, this is one of the reasons for the aversion shown by
the indigenous population, for agricultural work and for the exodus of the younger
generation from the tribal centres. I t points out (page 121) that—
The numerous public and private services imposed for little or no remuneration
(the construction and maintenance of roads, rest houses and prisons), as well as the
compulsory cultivation system, are repulsive to the indigenous population, who eventually
have the feeling that they are individuals who can be called upon for any kind of tax
or service and whose actions are directed and controlled, frequently to the detriment
of their own or their families' normal lives. The thought of productivity has all too
often superseded the duty of protecting the indigenous population.
The Committee concludes (page 121)—
If, in order to improve the lot of rural populations, it is necessary (as it will be
for a long time yet) to impose upon them certain work and certain methods of agriculture,
it is essential. . . that a rational programme of such work should be established for
each region, taking into account the ability of the population to perform it as well as
the direct advantages which they would derive from it, in order to make its execution
popular.
17. The Belgian Government, while stating that the system is declining,
mentions it in its latest reports to the I.L.O. Belgium has not so far withdrawn the
reservation on the subject which it made when ratifying Convention No. 29, and
the legislation dealing with compulsory cultivation would still appear to be in force.
The report submitted to the Belgian Parliament on the administration of the Congo
during 1949 mentions (page 15) that 23,099 of the indigenous population were
sentenced in 1949 for offences connected with the indigenous districts and compulsory cultivation.
1
L. GUEBELS : Aperçu rétrospectif des travaux de la Commission permanente pour la protection des
indigènes d'après les rapports des sessions (Elisabethville, 1949).

APPENDIX m

: TEBB.ITOBIES A D M H Ï I S T E B E D BY

Labour

Conditions

in the

BELGIUM

191

Mines

18. I n a statement on labour conditions in the uranium mines, m a d e a t t h e
322nd meeting of the N i n t h Session of t h e Economic and Social Council, t h e representative of t h e Byelorussian S.S.R. referred t o a n article which h a d appeared i n
Samedi-Soir.1
I t has n o t been possible t o trace this document.
19. The representative of Poland spoke of the repression of Natives working
in the mines and of their inability t o change their jobs, b u t w i t h o u t giving a n y
indication of the source from which he h a d obtained his information. 1

20. I n t h e Belgian Congo t h e law allows penalties t o be imposed on Natives
failing to respect their contracts of employment. Article 47 of a Decree of 16 March
1922 respecting the contract of employment between Natives a n d civilised employers 2
stipulates t h a t —
If an employee in carrying out a contract of employment maliciously contravenes
the obligations imposed upon him by this Decree, the agreement or custom, he shall
be liable to a fine not exceeding SO francs and not more than two months' penal labour,
or to one of those penalties only.
The term of penal labour may be increased to three months if the Native has received
advances in any form whatever on work which he maliciously refuses to carry out. . . .
Article 48 lays down t h a t —
If an employee is guilty of a serious offence or repeated offences against the rules
of employment or of the establishment, he shall be Kable to a fine not exceeding 50 francs
and not more than a fortnight's penal labour, or to one of these penalties only.
21. These provisions are enforced. According t o a report submitted t o t h e
Belgian Parliament on the administration of t h e Congo during 1949, 34,066 of t h e
indigenous population were sentenced in t h a t year for failing t o respect their
contracts of employment (page 15).
22. Belgium has n o t yet ratified t h e international labour Convention No. 65
concerning penal sanctions for breaches of contracts of employment b y indigenous
workers. This Convention, which was adopted in 1939, provides in Articles 1 a n d 2
for all penal sanctions for a n y breach of contract by indigenous workers to be
abolished progressively a n d as soon as possible.
23. I n its report published in 1947 3 , the Belgian Senate Mission condemned
this situation and recommended t h a t Belgium should ratify the Convention as soon
as possible (pages 22 a n d 35).
24. W i t h more particular reference t o labour conditions in t h e mines, some
general information is available in a book published in 1946. 4 The a u t h o r explains
(page 5) t h a t t h e Union Minière has adopted a social policy whose purpose " is t o
retain t h e services of selected personnel in its mines a n d factories as long as possible ;
hence t h e title ' stabilisation policy ' ". He notes (page 11) t h a t this policy " involves
employing all normal means likely t o make the negro worker like t h e work a n d
1

See above, p a r a g r a p h 3.
L. STBOUVENS and P . Pntosr, op. cit., p . 915 ; I.L.O. : Legislative Series, 1931—Bel. 4 B .
See above, paragraph 15.
* h. MOTOUXLE : Politique sociale de VUnion minière du JSaut-Katanga
pour sa
main-d'œuvre
indigène et ses résultats au cours de vingt années d'application (Brussels, 1946).
2

192

BEPOBT OF THE AD HOC COMMITTEE ON FORCED LABOUR

remain in his job as long as possible ". The methods used to carry out this policy
are, in the order of their importance, the following :
(a) freedom to accept employment (pages 16 and 17), any abnormal pressure,
whatever its origin, whether exerted by the Administration or by the Native chief,
being harmful to the objective of stabilising labour ;
(b) contracts of employment for longer terms (page 17), in fact, three years,
which is the maximum permissible in law ;
(c) the fostering of family life and assistance with a view to marriage (pages 1820);
(d) the satisfaction of physical, moral and social needs with a view to a
healthy and moral life (pages 21-39).

RUANDA-URUNDI
I.

ALLEGATIONS

1. The allegations made in the Economic and Social Council with regard to
Ruanda-Urundi were concerned with (a) unpaid services for local chiefs and
compulsory unremunerated labour, and (b) compulsory labour for failure to pay
taxes.
2. These allegations appear in the following statements to the Council :
(1) The representative of Poland,—
In a petition to the United Nations1, Mr. Augustin Ndababara, of Ruanda-Urundi,
had stated that " the Government or administration of Ruanda-Urundi is very bad, that
is to say that it has afflicted us with poor employment. We pay to the officers tax of
francs 103, land tax francs 15, and on top of that we pay francs 4.50 to headman and
the chief. A poor man who is late in paying, pressure is put upon him and he is punished
with eight lashes ; the next day if he has not paid he is hired, that is some are hired,
or sometimes the whole lot are taken to cultivate for the chief without pay. Those
who refuse to work are punished hard again, eight lashes each. " 2
(2) The representative of Poland—
In the Non-Self-Governing Territories United Nations report of 1948, it was stated
that unpaid convict labour in Ruanda-Urundi under Belgian trusteeship, and a system
of poll taxes with labour in default of payment, were condemned last year by the
Trusteeship Council.3

II.

MATERIAL AVAILABLE TO THE COMMITTEE

3. The Committee has not received any material with a bearing on these
allegations from any Government, non-governmental organisation or private individual.
1

United Nations d o c u m e n t T / P E T . 3 / 1 6 .
U N I T E D N A T I O N S , E c o n o m i c a n d Social Council, 9th Session, 321st meeting : Oficial
p . 550.
s
Idem, 324th meeting : Official Records, p . 593.
2

Record»,

APPENDIX D I : TEEBITOBIES ADMINISTEBED BY BELGIUM

193

No action has been taken b y the Polish Government on the request b y t h e

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1

a n d publications quoted b y its representative in t h e Economic a n d Social Council.

5. I n its reply t o the Committee's questionnaire 2 , t h e Belgian Government
did not give any information on Ruanda-Urundi, considering t h a t P a r t I I of t h e
questionnaire was unrelated t o the Committee's terms of reference as set forth
in Resolution 350 (XII) of the Economic and Social Council.
6.

The information which appears below has been assembled b y t h e Committee.

Unpaid

Services for Local Chiefs and Compulsory

Unremunerated

Labour

7. I n Ruanda-Urundi, unpaid compulsory labour exists, or used t o exist,
either in the form of certain personal services for which the local population of
Ruanda-Urundi are, or were, occasionally required b y virtue of ancestral customs,
or in the form of s t a t u t e labour for t h e indigenous districts which t h e law requires
t h e m to contribute. These two practices are examined below.
Unpaid

Services for Local

Chiefs.

8. Eor t h e administration of t h e territory, Ruanda-Urundi legislation has
retained the system of chiefdoms and sub-chiefdoms and such customs as do n o t
conflict with the rules of public law or t h e regulations issued in their stead. Article 35
of the Legislative Ordinance dated 4 October 1943-17 April 1946 concerning the
indigenous political organisation of R u a n d a - U r u n d i 3 lays down t h a t " t h e customary
dues of the Bami, chiefs a n d sub-chiefs, or their cash value as fixed b y t h e Bami
with the approval of t h e Governor of Ruanda-Urundi, shall continue t o be levied
b y the Bami, chiefs a n d sub-chiefs for their benefit " . Under Article 36, if a n y
chief or sub-chief abuses the rights which he enjoys b y law or custom, disciplinary
action m a y be taken (he m a y be deprived of certain privileges a n d dismissed his
office).
*9. I n its report to the United Nations on t h e administration of R u a n d a Urundi for t h e year 1948 *, the Belgian Government wrote—
All labour cont ibutions which alone survived from, the old tribal system have
finally been abolished and replaced by a small monetary contribution.
The Visiting Mission sent b y t h e Trusteeship Council noted in its report dated
31 October 1 9 4 8 5 t h a t —
The various customary payments in kind and in the form of labour are rapidly
being replaced by a compulsory cash payment, a process which is now nearly complete.
The report c o n t i n u e s Contributions in the form of labour which the chiefs and sub-chiefs formerly
imposed on those under their jurisdiction were levied a t the rate of three days out of
five throughout the year ; they were gradually reduced to 13 days per year and redemption
1

See United Nations document E/AC.36/4.
United Nations document E/AC.36/11/Add. 15.
P . L E B O Y : Législation du Biuinda-Urtmdi
(Usumbura, 1949), p . 130.
1
United Nations document T/361/Add.l, p . 9.
s
Idem, T/217, p p . 44-46.
2

194

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

became optional. This possibility of redemption, which was at first restricted to certain
categories of Africans, was extended to all in 1945. As from 1 January 1949 the
redemption, of contributions in the form of labour will be made compulsory.
The process should be completed by converting the redemption of these various
contributions from payments to the chiefs and sub-chiefs into taxes payable to the
State or to the Native Treasuries.
Statute Labour for the Indigenous Districts.
10. Articles 45 et seq. of the Legislative Ordinance dated 4 October 1943-17
April 1946 concerning the indigenous political organisation of Ruanda-Urundi 1
imposes a wide variety of duties on the cHefdoms, which the chiefs and sub-chiefs
have to share out equitably between the various subdivisions in their districts and,
within each subdivision, between the inhabitants, taking into account as far as
possible the particular circumstances of each subdivision and inhabitant (Article 49).
Only able-bodied adult males may be required to give their services (Article 49).
The Governor of Ruanda-Urundi has to prepare a programme for these services
in such a way that no one is obliged to contribute more than 60 days a year. This
limit may, however, be exceeded if public health or the food requirements of the
indigenous population make urgent work imperative. The 60 days include travelling
time and the time required to provide housing for the workers (Article 48). Any
indigenous inhabitant who fails to carry out or is negligent in carrying out the work
required of him is liable to a term of penal servitude not exceeding seven days and
a fine of 100 francs or to one of these two penalties (Article 51). Subject to one or
two exceptions, an indigenous inhabitant who is called upon to give his services may
provide a substitute or obtain exemption on payment of a sum of money (Article 50).
11. The work in question is of three types—
(a) that required of chiefdoms under Article 45, without any express provision
being made for the remuneration of the workers, viz., local road-clearing, burials,
work on reafforestation projects, the planting and tending of food crops in the
district for the feeding and in the exclusive interest of the population and, generally,
any work necessary to prevent famines ;
(b) that required of chiefdoms under Article 46, for which the workers are
remunerated from the budget of the chief dorn at rates current in the area, viz.,
the measures prescribed to combat sleeping sickness and any other health measures
which the competent authorities may deem advisable, the construction and maintenance of such premises as are necessary for health services in the opinion of the
medical and administrative authorities, the construction and maintenance of schools,
a court-house and prison for the indigenous population, rest-houses for indigenous
assistants attached to the administration, regional motor roads and water channels ;
(c) that required of chiefdoms under Article 47, for which the workers are
remunerated from the Ruanda-Urundi budget at rates current in the area, viz.,
the construction and maintenance of rest-houses for visiting European ofiicials.
Judging by the text of the Legislative Ordinance alone, only the services
mentioned under (a) can be regarded as unpaid.
*12. The Belgian Government summarises these provisions in its report to the
General Assembly of the United Nations on the administration of Ruanda-Urundi
for the year 1950.2 I t lists the services referred to in Article 45 as unpaid work
1

P. LEEOY, op.

cit.,

pp.

127

seq.

Rapport soumis par le gouvernement belge à VAssemblée générale des Nations Unies au sujet de
l'administration du Buanda-Urundi pendant l'année 1950 (Brussels, 1951), pp. 137-138.

A P P E N D I X H I : TEBRITOBLES A D M I N I S T E B E D BY B E L G I U M

195

b u t states t h a t the unremunerated labour for road-clearing has been replaced by
a t a x in lieu ñxed a t 7 francs in 1949 a n d 10 francs i n 1950, t h e object being t o
eliminate certain abuses a n d distribute over t h e population as a whole a burden
which was previously borne entirely b y t h e population in t h e immediate vicinity
of the roads. The report contains n o other information on the w a y these various
provisions are applied, b u t adds t h a t the possibility of recasting all this legislation
is a t present being studied.
13. I n its report published in 1947, t h e Senate S t u d y Mission sent t o t h e
Congo and territories under Belgian trusteeship, mentioned a b o v e 1 , passed the
following comments on this system of local s t a t u t e labour :
An attempt should also be made to remedy the exodus which depletes too many
villages in favour of factories, construction sites, or even simply non-tribal centres
where too many of the indigenous population hope to find a better life. We have
observed that many villages are left with too few young and able-bodied men.
Attracted b y the mirage of urban salaries and the amenities of large cities, many of
the indigenous population leave the bush where life is less attractive and where—it
has to be admitted—numerous corvées are imposed on the inhabitants in the form of
road building or maintenance, the construction or alteration of bridges or even compulsory cultivation (page 14).
14. The Belgian authorities are themselves aware of these disadvantages a n d
i t was to overcome them, a t least t o some extent, t h a t t h e system of optional labour
exemption taxes was introduced some years ago. The following passage appears
in a prefatory statement explaining the Legislative Ordinance which introduced
t h e system in the Belgian Congo in 1944 :
The intensive economic development of certain areas and the rapid evolution of
their populations makes it increasingly difficult for the work required of the indigenous
sub-districts to be carried out b y means of the individual services rendered by the
inhabitants.
I t is difficult for the corvée system to retain its place in a rapidly developing
society. To escape it, an increasing number of young people desert the villages for a
few months every year, not without their movements causing a regrettable disturbance
in the social life and economic activity of their communities. Since aupervision is
only exercised fitfully, it is in practice the most docile that bear the full burden of
the labour service.
I n addition, the output obtained from work t h a t is not freely undertaken is very
often below standard. Particularly in building or road work, there is an enormous
waste of labour owing to the incompetence and lack of enthusiasm both of the workers
and of the indigenous authorities in charge. 2
Compulsory

Labour for Failure

to pay

Taxes

15. Article 17 of a Decree dated 17 J u l y 1931 on the Xative t a x 3 lays down
that—•
A defaulting taxpayer may be directly subjected to detention without prejudice
to the distraint of his movable property.

See above, under " Congo " , paragraph 15.
-L. STBOUVENS a n d P . PntOîr, op. cit., N o t e on Article 49bis of a Decree dated 5 Dec. 1933
N a t i v e sub-districts.
3
P . I/EBOy, op. cit., p p . 146 and 147.

196

BEPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOTJB
Article 21 a d d s —

A person so detained shall remain in the custody of the administration and shall
perform certain work.
The Governor shall determine the conditions of detention and the type of work
imposable.
The Resident or his deputy shall assign the persons so detained to the work in
question.
I n no circumstances m a y the period of detention for the recuperation of a tax be
longer than two months.
The taxpayer may free himself from detention at any time by paying the tax due.
16. A n Ordinance d a t e d 2 November 1933, as amended on 2 May 1934 and
14 J u l y 1949 1 , describes this system in t h e following t e r m s :
7. Taxpayers detained for debt may be employed on works the general programme
of which shall be drawn u p for the current year by the Governor of the RuandaUrundi territories and which shall consist in—
(1) helping in the building and maintenance of roads and clearing of rivers ;
(2) working on sites and in undertakings directed by the State ;
(3) helping in the upkeep of posts, the construction of such State buildings as are
erected there and, in general, in all the Administration's services maintained in
stations :
(4) taking part in porterage for the needs of the Adrninistration ;
(5) taking part in the clearing and drainage of land.
8. Persons so detained shall do the work prescribed under guard of the Administration, at the hours and for the length of time determined by the Territorial Administrator ; this length of time may not, however, exceed the working time of wage-earning
workers.
9. When the place a t which the work is done is near enough, the detainees shall
live in their own village. They shall provide for their own subsistence, if they have the
means to do so.
If not, the Administrator shall supply them with their food and lodging and, if
necessary, shall provide t h e m with a blanket.
17. I n their a n n o t a t e d edition of t h e codes a n d laws of t h e Belgian Congo,
where this system of detention is also used, Léon Strouvens a n d Pierre Piron explain
t h e w a y i n which t h e system operates a n d m a k e it clear t h a t t h e law allows the
Administration t o resort to detention even before a n y a t t e m p t has been made to
o b t a i n the p a y m e n t of t h e t a x b y means of distraint upon t h e person's chattels. 2
T h e y add t h a t , after having served his term, t h e t a x p a y e r is regarded as released
from his fiscal liabilities.
*18. I n i t s report t o t h e General Assembly of t h e U n i t e d Nations on t h e
administration of R u a n d a - U r u n d i in 1950 3 , t h e Belgian Government confirms
t h a t this system is in force a n d states t h a t t h e n u m b e r of persons imprisoned in
this way in 1950 was 1,614 out of a t o t a l 788,059 taxpayers.
1
" Regulations governing detention for debt and types of work which may be imposed upon
detained debtors "—P. LBBOY, op. cit., p. 150.
2
Op. cit., (see above, under " Congo ", paragraph 11), Note on Article 18 of a Decree dated 17 July
1914 concerning the Native tax.
3
Op. cit., p. 63.

APPENDIX I H : Ï E B B I Ï O E I E S ADMXNISTEBED B Y BELGIUM

197

19. The Belgian Colonial Council, when adopting the Decree which now governs
fVio
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Two .matters in particular engaged the Council's attention during the general
debate which preceded the consideration of the articles.
First, several members expressed the fear lest, in its application, the tax might
afford the Government a means of directly compelling the indigenous inhabitant to
work and so of reviving forced labour, with all its concomitant abuses.
True, the introduction of taxation among primitive people inevitably resulted, as
experience in all new countries showed, in gradually inducing them to work. Taxation
thus became a salutary incentive encouraging the indigenous inhabitant to awake from
an age-long sloth, and so an indirect method of compelling him to work, the legitimacy
and necessity of which no one denied.
But what was to be feared was that, through a tax fixed arbitrarily at an excessive
rate, the indigenous inhabitants might be directly compelled to enter the1 employment
of, say, an industrial undertaking so as to ensure it the labour it required.

Comments and Observations of the Belgian Government2
The Ad Hoc Committee on Forced Labour has received the following letter,
dated 4 May 1953, from the Belgian Permanent Delegation to the United Nations :
The Permanent Delegation of Belgium has the honour to reply to the letter
dated 22 November 1952 which the Chairman of the Ad Hoc Committee on Forced
Labour sent to the Minister of Foreign Affairs of Belgium.
This letter invites the Belgian Government to transmit to the Ad Hoc
Committee any comments and observations it may wish to make regarding certain
allegations made against the Belgian Congo and Ruanda-Urundi in connection
with the question of forced labour.
The letter notes that the Committee wishes to emphasise that it has come to
no conclusions either on the relevancy of the allegations or on the evidential value
of the information and documentary material concerned.
These allegations and data relate to matters of the kind covered in Part I I
of the questionnaire prepared by the Committee at its First Session.
The Permanent Delegation regretfully finds itself obliged by the abovementioned letter to confirm that the Belgian Government does not consider itself
called upon to provide the Ad Hoc Committee with comments and information on
such matters, which are not within the Committee's terms of reference, as defined
by resolution 350 (XII) of 19 March 1951 from which its powers are derived.
It is recalled that the International Labour Organisation is competent in such
matters and that its legislation is based on its Constitution and, more particularly,
on Article 35, The annual report submitted hy the Belgian Government for the
period 30 June 1951-1 July 1952 on the international Conventions made applicable to the Congo and Ruanda-Urundi—which include the Forced Labour Convention—contains all the information which Belgium is called upon t o offer on the
subject at the international level.
The Permanent Delegation presents its compliments to the Chairman of the
Ad Hoc Committee on Forced Labour.

1
3

Seo L. STKUUVENS a n d P . I'liiux, up. cit., (JJI. H3t!-8ü7.
Nee also A d d e n d u m , p . U L I .

198

BEFOBT OF THE AD HOC COMMITTEE ON FOBCED LABOUR

Additional Material
RUANDA-UBUNDI

Addition to Paragraph 9.
A report by the Belgian Ministry for the Colonies1 confirms that the former
customary services have all been replaced by a cash contribution at a standard
rate of three francs per day of service, except in one chiefdom where the amount
of the contribution is four francs.
Addition to Paragraph 12.
The above-mentioned report states 2 that the tax in lieu of road-clearing was
fixed at 15 francs in 1951.
I t also confirms that " the possibility of recasting this legislation is at present
being studied ".
Addition to Paragraph 18.
According to the report in question 3 the number of persons imprisoned in
1951 was 1,516 out of a total of 818,665 taxpayers.

BULGARIA
Summary of Allegations and of the Material Available to the Committee
I.

ALLEGATIONS

1. Allegations with regard to Bulgaria were made—
(1) In the course of debates in the Economic and Social Council, by the representative of the United Kingdom 4 and by the representative of the United Stater,
of America.5
(2) In written communications submitted to the Committee by tho International Confederation of Free Trade Unions6, the International Federation of Free
Journalists ', the International League for the Bights of Man8 and the Bulgarian
National Committee.*
1
MINISTÈBE B E L G E D E S COLONIES : Rapport sur l'administration
belge du Ruanda-Urun/li
pendant
Vannée 1951 (Brussels, 1962), p p . 22-23.
3
ibid., p . 146.
3
Ibid., p . 59.
' U N I T E D NATIONS, Economic a n d Social Council, 8th Session, 238th meeting : OffirM Rrmrrlr.,
p . 112.
s
Idem, 12tn Session, 470th m e e t i n g : Official Mccords, p a r a g r a p h 11. Tho verbatim t e x t of the
stateroont by the r e p r e s e n t a t i v e of t h e United States of America before the Economic a n d Social Council
w a s submitted b y t h e U n i t e d S t a t e s Government with a covering letter d a t e d 28 J u l y 1951 (see United
N a t i o n s document E/AC.36/4, p . 8).
6
Letter dated 30 Apr. 1952.
' M e m o r a n d a d a t e d 4 Oct. 1951 a n d 24 Mar. 1952, a n d m e m o r a n d a submitted a t the 3rd SosMon
of t h e Committee.
' M e m o r a n d a d a t e d 15 Apr., 18 J u n e and 5 N o v . 1952.
• M e m o r a n d u m dated 11 J u n e 1952.

A P P E N D I X I I I : BULGARIA

199

(3) By the representatives of the first three non-governmental organisations
mentioned under (2) above when heard Ht the Second and Third Sta^si^ns of thñ
Committee.
2. These allegations, the essential passages of which are quoted or summarised
in H, later section 1 , related to—
(a) the existence of forced labour, based on a series of legislative texts proraidgated after 9 September 1944 and enforced mainly by the administrative
authorities, though also in certain cases by the courts ;
(b) the purpose of forced labour, viz., the re-education and punishment of
those who are opposed to the régime, the punishment of criminals and the fulfilment
of State economic plans ;
(c) the existence and location of several labour communities and of concentration and forced labour camps, as well as the conditions which prevail in them ;
(d) the number of forced labourers ;
(e) the legal and other restrictions imposed on the freedom of employment ;
labour reserves.
Existence of Forced Labour and Legislation Denting with It
3. The representative of the United Kingdom, stated that a Law of November
1945 had established " labour education communities " and a Law of 1946 had set
up " idlers' camps ". In the labour education communities, chiefly intended for
political prisoners, conditions were extremely harsh. Moreover, students could
be sent as idlers either to labour brigades or to those concentration camps.
4. The representative of the United States of America stated : " Bulgaria
introduced forced labour camps by two Decree Laws of 20 January 1945. These
regulations, which underwent minor changes in later years, were finally replaced
by the Law on the People's Militia (i.e., police) dated 25 March 1948. " He further
mentioned that the period of confinement was at least one year and that the Minister
of the Interior was authorised to condemn a person to forced labour, although the
concurrence of the Chief Prosecutor was necessary for political cases. He added
that a Law of 25 March 1948 had made provision for " the internment of politically
dangerous persons in a new place of residence ". He went on to quote another
Bulgarian Law dated 30 April 1946 which establishes special labour camps for " persons who have taken to loafing and vagrancy and spend most of their time in saloons,
coffee houses, bars, pastry shops and the like ". He added that the scope of the
Law was broadened on 9 May 1949 to include men and women who were " fit for
work but did not perform socially useful work ". He commented that it was always
the Ministry of the Interior whi ch sentenced persons to " systematic enlightenment ' ' 5. The International Confederation of Free Trade Unions made a similar statement and referred to legislation issued since September 1944, which has allegedly
instituted forced labour in Bulgaria.
6. The International Federation of Free Journalists referred, inter alia, to
articles 43 to 47 of the new Bulgarian Penal Code, which deal with penalties for
juveniles. It asserted that Bulgaria had forced labour of two types, " simple "
and " penal ", and stated that work and services were exacted from people under
the threat of punishment, though they had not offered their services voluntarily
1

Sco below, paragraphs 3 to 10.

200

REPOBT OF THE AD HOC COMMITTEE OST EOBCED LABOXTK

and that forced and compulsory labour was being used for work underground in
mines.
7. The International League, for the Mights of Man stated that at least one
million people were under the forced labour systems legally established in the
countries of Bulgaria, Czechoslovakia, Hungary, Poland and Rumania. Referring
more particularly to Bulgaria, the memorandum pointed to forced labour as an
officially established institution. I t referred to several legal texts with an alleged
bearing on forced labour. These were : (a) an amendment dated 7 April 1948
to section 13 of the Bulgarian Penal Code of 1896, introducing " forced laboureducation work " ; (b) the Bulgarian Code of Criminal Procedure, section 614,
as amended on 6 October 1948, concerning the substitution of forced laboureducational work for punishment ; (c) a Decree Law of 20 January 1945 on communities of educational labour for politically dangerous persons ; (d) a Decree Law
dated 20 January 1945 on communities of educational labour ; (e) a Decree Law
dated 15 November 1945 " to establish a fund for communities of educational
labour " under the Ministry of the Interior ; (f) a Law dated 30 April 1946 on
" the labour mobilisation of idlers and vagrants " ; (g) an amendment to this Law,
which entered into force on 9 May 1949, giving the Law the new title of " the Law
on Labour Mobilisation " ; (h) an Ukase issued by the Presidium of the National
Assembly on 5 October 1950, repealing the Law mentioned under (g) ; (i) the
" Law of the People's Militia " promulgated on 25 March 1948, which abrogated
the two Decree Laws dated 20 January 1945 ; (j) the " Personnel Charts of the
Ministry of the Interior ", referring only to the staff of the Central Office of the
Ministry in Sofia, but including departments with jurisdiction over " labour
mobilisation " and " communities for educational labour and corrective homes for
minors " ; (k) an Ukase of 25 February 1950 amalgamating the funds for " the
communities for educational labour " and " the improvement of the prison
administration " ; (I) section 22 of the new (Criminal Code introducing forced
labour without confinement ; (m) regulations on " the management of construction
projects pursuant to section 3 of the Law on the Two-Year Plan, 1947-1948 ", and
(n) section 2 of the " Law on Labour Mobilisation ", section 7 of which spoke of
" forced labour in the camps for educational labour ".
8. The Bulgarian National Committee stated that forced labour combined with
summary confinement in camps was institutionalised in Bulgaria after the changes
of 1944.
The Purpose of Forced Labour
9. The representative of the United States of America affirmed : " Subject to
confinement in such camps (i.e., the communities for educational labour) are
' politically dangerous persons ', namely people who have manifested an ' antipopular ' attitude, and also blackmailers, defrauders, procurers, prostitutes, gamblers, etc. ", adding that " one of the characteristics of both fascist and communist
legislation [is] that political opponents are defamed and debased by lumping them
together with common criminals ". Speaking of another Bulgarian Law, dated
30 April 1946, as extended on 9 May 1949, he affirmed that " any person who
for some reason or another has antagonised the communist authorities can easily
be accused of frequenting a coffee house and avoiding socially useful work ".
He referred to section 9 of this Law, which provides for the " systematic enlightenment and re-education " of the persons for whom these measures were designed.
10. The International Federation of Free Journalists stated that forced labour
in Bulgaria served a double purpose : (a) to confine in camps all Bulgarians who

APPENDIX H I : BUI.GABIA

201

did not agree with the present régime, and (b) to procure unpaid labour for the
fiilfllmo-r,* ~F-U^~ "P.-™. -\T

plan

"!> ~ 1 ~ - ~*—l~-3 f!---f + n ^ " c^rr-1r " 1~ V ~ ~ - — . - , - * J ~ - ~ J

under paragraph 6 above is imposed on : " (1) young men relegated from high.
schools and universities expelled from the communist party, or found guilty of
anti-régime activities ; (2) Turks, Bulgarian citizens ; (3) men found unfit for army
service on health grounds ". I t added that " service with the Labour Army is a
penalty as well as a means of political re-education ".
11. The International League for the Bights of Man stated : " Farmers are
employed under the official programme of ' forced labour-educational work ' ;
peasants, deprived of their land, are pushed into industrial enterprises either as
unskilled workers or as inmates of forced labour camps located near industries of
different kinds ". I t also stated that about one million peasants were to be " moved
to industrial undertakings ", adding that forced labour was the basis of practically
all industrial achievements in Bulgaria. Referring to an amendment dated 7 April
1948 to the Bulgarian Penal Code of 1896, it pointed out that the penalty of " forced
labour-educational work " was introduced as an alternative to the comparatively
mild punishment of detention or even of short-term imprisonment. I t also stated
that there was " a very close connection " between the labour imposed on vagrants,
etc., and the execution of the Bulgarian Five-Year Plan.
12. The Bulgarian National Committee referred to forced labour as a repressive
measure against " political opponents " or " politically dangerous persons ".
Forced Labour Camps
13. The representative of the United Kingdom spoke of " idlers' camps ",
" concentration camps ", " labour-education communities " and " labour brigades ",
adding that in labour-education communities conditions were extremely harsh.
14. The representative of the United States of America referred to the existence
of forced labour camps, explaining that these camps, as maintained by the Law
on the People's Militia {i.e., police), dated 25 March 1948, were " euphemistically
called ' communities for educational labour ' ".
15. The International Federation of Free Journalists submitted, together
with a number of affidavits, a list of 56 forced labour camps grouped in five categories (agriculture, industry, construction of railroads, construction of highways,
and military corrective camps), together with copious information describing life
and conditions in many of these camps.
16. The International League for the Bights of Man spoke of approximately
50 known forced labour camps which existed in Bulgaria. I t also gave some information on the living and working conditions in " some of the most famous camps
situated along the Danube River and reaching into the Dobrudja region ". I t
submitted a list of camps with comments on their location, the work done there
and their role in the country's economic life.
Number of Forced Labourers
17. The International League for the Bights of Man stated : " Forced labour
in Bulgaria is performed to an insignificant degree by people sentenced by a court
verdict. Today there are in the country about 20 prisons with about 20,000 prisoners.
The régime in a prison differs from the régime and purpose of the forced labour
camps and is not considered here
The Board of Labour Service in co-operation

202

REPORT OF THE All HOC COMMITTEE ON FORCED LABOUR

with the Militia has provided the Government with about 50 known forced labour
camps and with at least 110,000 forced labourers who, at times, have worked for
the fulfilment of the economic plans of the Government. When one considers the
fact that by 1946 the total number of workers engaged in all industries of Bulgaria's
economy was 134,096 (Izvestia na Glavnata Direkzia na Truda, Issue No. 10, June
1946) and that the present number of workers is probably about 300,000, the estimated figure of 110,000 persons in forced labour camps presents a startling proportion
of the approximated total of 300,000 workers." Referring to the various types
of economic activity in Bulgaria, the League asserted that " at times about 15,000
forced labourers have been employed in the mines of the country ", and affirmed
that the doubling of coal production in Bulgaria—from 2,200,000 tons in 1939 to
4,400,000 tons in 1950—was due in large measure to the exploitation of the labour
of camp inmates. I t also stated that there were " repeaters ", i.e., persons sent
back to the camps " after they have recovered from their former experience ".
I t explained that there were no figures for the percentage of " repeaters ", but
added that it was " fairly high ".
18. The International Federation of Free Journalists stated that according to
reliable sources, at least 80,000 Bulgarian citizens were to be found in the concentration camps in Bulgaria.
Restrictions Imposed on Workers
19. The International League for the Rights of Man stated : " The workers
neither choose nor change their jobs ; strikes are prohibited ; the work is evaluated
on the basis of fulfilled ' norms ' ; the workers are compelled to put in extra hours
of work without remuneration ; non-paid ' competitions ' and ' working brigades '
are a familiar fact. One must recall the Soviet labour system with its feature,
' Stakhanovism ', and an exactly similar system will be found in Bulgaria. " It
also stated : " The so-called free worker in Bulgaria is not free in the sense in which
a worker in the United States or France or the United Kingdom, or in any democratic
country, is free. He is required to work at a certain place. It is difficult for him
to leave his job. He cannot voluntarily seek employment. He must carry with
him a work book which gives the reasons for his having left his previous job before
lie can be hired. The so-called free worker in Bulgaria is free only as his lot is compared to the lot of those who are under total restraint in a forced labour camp."
I t further quoted an article which appeared in the Rabotnichesko Delo advocating
that severe measures should be taken against workers producing poor quality goods.
Mention was also made of Resolution 41 of the Council of Ministers, article 6 of
which reads : " Construction workers who, on or before 25 April 1948 have not
begun to w o r k . . . shall be deprived of all rations. Such workers may be drafted
under labour mobilisation for economic purposes."

II. MATERIAL AVAILABLE TO THE COMMITTEE

20. The Committee has taken note of the Bulgarian Government's reply to
the letter sent on 4 May 1949 by the Secretary-General of the United Nations. 1
21. The Bulgarian Government has not replied to the Committee's questionnaire, nor has it submitted any material.
1

United Nations documenta E/1337/Add. 17 and Corr. 1.

APPKNDTX IU : BULGARIA

203

22. Documents have been presented by the International Confederation of
Free Trade Unions, in letters dated 12 October i ö b i and ¿Ù April 1952, and by the
International League for the Rights of Man, with its memoranda.
23. The Committee has also assembled and examined a certain a m o u n t of
information related to the allegations mentioned under Section I above.
24. The material available to the Committee is summarised below.
Work Im/totrd
General Principles

of Penal

by a Court n¡ J.tni:

Repression.

* 2 5 . The basic t e x t dealing with penal repression in Bulgaria is the new Penal
Act of 1951.* I t explains in Article 1 t h a t " the purpose of t h e Penal Act is t o
protect the People's Republic of Bulgaria a n d the social structure a n d legal order
established there by de fining crimes a n d fixing the penalties applicable t o t h e m " .
The purpose of the penalties, inflicted, according t o Article 2 1 , " solely on the
basis of existing legislation ", is—•
(1) to render the enemies of tho people harmless ; (2) to deprive the author of a
crime of the possibility of committing other crimes ; (3) to correct and re-educate him
so as to make him obey the rules of the socialist community ; and (4) to influence tho
other members of society by educational methods.
The Article adds t h a t " a penalty m a y n o t be inflicted in order to cause physical
suffering or humiliation contrary to h u m a n dignity " . The element of social danger
is considered when t h e sentence is determined, as will be seen from tho following
extract from Article 35 :
The amount of punishment is fixed with due regard t o il) the degree of social danger constituted by the act and its author, and
(2) the motives behind the commission of the act and other extenuating or aggravating
circumstances.
26. Tho educative nature of penal repression is also revealed in the Articles
of the Penal Act dealing with the penalties applicable to minora. According t o
Article 4'¡, " the punishment of minors is primarily intended to re-educate them
and prepare them for work of use t o the community ". Article 44, which laya
down the principles t o be followed in imposing penalties on minors, substitutes
public censure for corrective labour.
27. The penalties applicable under the Penal Act are listed in Article 22,
which states—
Penalties may tako the following forms :
( I ) deprivation of liberty ;
(¡J) corrective labour without deprivation of liberty ;
(3) confiscation of property in whole fir in part ;
(4) fines ;
(5) deprivation of rights ; and
(6) public censure.
1

Izvcsli« no 1'rcsidivma vi Js'orod¡>vto ¡üabranié, No. 13, 13 i'eb. 1951.

204

REPORT Ol" THE AD HOC COMMITTEE ON FORCED LABOUR

The relative gravity of these penalties is determined by the order in which they
are set down in the previous paragraph ; three days of corrective labour are equivalent
to one day's deprivation of liberty.
28. The Penal Act defines a crime as a " socially dangerous act (action or
inaction) culpably committed and declared to be punishable by law " (Article 2).
Bulgarian legislation also provides for the application of the principle of analogy in
penal law. An Act of 7 April 1948 to amend and supplement the Penal Act [of
1896]* lays down in paragraph 1—
A new paragraph reading as follows is hereby added to Article 1 :
" If any act is not explicitly defined as an offence but is socially dangerous and,
according to the general meaning of the law, is substantially similar to an offence
provided for, the court may inflict on the offender the penalty prescribed for such an
offence. "
The new Penal Act, repealing the Act of 7 April 1948, also reoognises the application of the principle of analogy in penal law, in that it states in Article 2 that—
Every socially dangerous act culpably committed which resembles in character
one of the crimes covered by the law, although not specifically so covered, is a crime.
29. In Bulgarian criminal law, there are two distinct forms of penal labour :
(a) labour in combination with deprivation of liberty and (b) corrective labour
without deprivation of liberty. These two forms of forced labour are examined
below.
Work Imposed on Prisoners Serving a Sentence of Deprivation of Liberty.
30. According to the Penal Act, any person sentenced to be deprived of liberty
has to perform " suitable work ". Under Article 23, " the serving of such a sentence
[which, according to the same article, may be for from one day to 20 years] is accompanied by suitable work which is reckoned in reduction of the term of the sentence,
two days' work being counted as three days' deprivation of liberty ". Many crimes
defined in the Special Section of the Penal Act are punishable with deprivation of
liberty, the convicted person performing suitable work, as required by Article 23.a
Corrective Labour without Deprivation of Liberty.
31. Apart from the work which may be imposed on prisoners sentenced to
be deprived of liberty, the Penal Act makes provision for a penalty of corrective
labour inflicted on offenders who retain their freedom.
32. A punishment called " forced labour with a view to education for work "
was first instituted by the Act of 7 April 1948 to amend and supplement the Penal
Act and was intended as an alternative to detention or imprisonment. The second
part of paragraph 2 added a new paragraph to the Penal Act in force at that time,
to read : " The court may, in.lieu of detention or imprisonment, prescribe forced
labour with a view to education for work ".
x
Dürzhaven
2

Vestnik, No. 80, 7 Apr. 1948.
Instances are to be found in the offences regarded as crimes against the People's Republic (high
treason, treason and espionage, wrecking, diversionary activities and sabotage, other crimes against
the People's Republic, and crimes against another workers' State), crimes against the legislation
concerning elections, crimes against social property, crimes against the people's economy, crimes
against the system of administration, etc. For examples, see Articles 70, 71, 73, 79, 83, 85, 113, 117
and 122.

APKEKDIX m : BULGAitlA

205

33. The Penal Act in force at present refers only to corrective labour without
nDpüTttriäGji oí uutíL'lyy ¡i.e., uiiô penalty is not regarue^ as an alternative to any
punishment whereby an offender is deprived of liberty. Under paragraph 1 of Article
24 of the new Penal Act, " the period of corrective labour may vary between one
day and one year ".
According to the second or third paragraphs of Article 24—
This penalty shall not involve deprivation of liberty but shall take the form of
labour at the workplace of the condemned person or elsewhere. Where the court so
orders, a proportion of his wa^es not exceeding 25 per cent, shall be deducted in favour
of the State ; the time served shall not be credited to him for a retirement pension
or, in general, for a period of labour training.
If the guilty person is unfit for work, the court shall substitute deprivation of
liberty for corrective labour, taking into account the scale set down in paragraph (ii) of
Article 22. Should the condemned person refuse to work without a valid reason, corrective labour shall be replaced by deprivation of liberty for the same period.
34. Under the Penal Act, corrective labour may not only be an independent
penalty, but may also be imposed by a court of law for a failure to pay fines.
Article 27 of the Penal Act begins by stating that " a fine shall be commensurate
with the convicted person's material situation ", and then goes on to state that
" should it prove impossible to collect the fine imposed, it shall be replaced by
corrective labour at the rate of one day's labour for every 250 levas of the fine up
to a maximum of one year ".
35. Article 42 of the Penal Act states that preventive detention shall be
deducted when carrying out a sentence which imposes deprivation of liberty or
corrective labour.
36. The Special Section of the Penal Act makes provision, first, for offences
for which corrective labour without deprivation of liberty is the only penalty for
a given crime and, secondly, for offences for which it is only one of several penalties.
In the latter case, the selection of the penalty is left to the discretion of the court.
Provision is made in several Articles of the Penal Act for offenders to be sentenced
to corrective labour, e.g., Article 113 (insufficient care in the handling of goods
affecting economic targets), where there is a choice between deprivation of liberty
for not more than five years and corrective labour, Article 117 (failure to obey a
legal injunction to carry out a task in connection with the Government's economic
plans or projects), where there is a choice between corrective labour and a fine,
Article 122, paragraph 2 (witting participation in a pseudo-co-operative undertaking), where there is a choice between deprivation of liberty for not more than
two years and corrective labour, Article 208 (failure on the part of any person to
give his real name, or the giving of a false name), where the sole penalty is corrective
labour, and Article 210 (the propagation of abusive, slanderous or false statements
likely to arouse distrust in the régime or to cause social disturbances), where there
is a choice between deprivation of liberty for not more than two years and corrective labour.
37. The new Code of Criminal Procedure x published in 1952 gives details of
the way in which the penalty of corrective labour is to be imposed. Article 267
lays down that " the procedure for the execution of sentences involving... corrective
labour without deprivation of liberty . . . shall be laid down in a set of regulations
to be drafted jointly by the Ministry of the Interior and the Prosecutor's Office,
1

Izvestia na Presidiuma na Narodnoto SäbranU, No. 11, 5 Feb. 1952.

206

REPORT OF THE AD HOC COMMITTEE ON FOECED LABOUR

for subsequent approval by the Council of Ministers ". The Code also contains the
following clauses dealing with the execution of corrective labour :
268. A sentence of corrective labour without deprivation of liberty shall be served
either at the convicted person's workplace or in places specially provided for the
purpose.
269. The court which originally pronounced the sentence shall also rule as to the
substitution of corrective labour for a fine, deprivation of liberty for corrective labour,
or corrective labour in places specially provided for the purpose for corrective labour
at the convicted person's workplace.
There is another reference to corrective labour in Article 345, which lays down
the procedure to be followed in respect of rehabilitation. Listing the documents
which have to be submitted in connection with an application for rehabilitation,
the Article lays down, in paragraph (a), that the papers to be submitted by the
applicant must include documents to prove that three years have elapsed since
he served bis sentence of corrective labour.
Administration of Prisons and Other Institutions.
38. The administration of prisons is the responsibility of the Ministry of the
Interior, as may be seen from an Act to transfer prisons, corrective institutions
and re-educational establishments from the Ministry of Justice to the Ministry
of the Interior. 1 This Act stipulates that the administration, management and
supervision of these institutions are the responsibility of the Minister of the Interior,
who perforas these duties either personally or through his subordinate authorities.
Work Imposed by the Administrative
Labour and Education

Authorities

Communities.

Legislation 'passed in 1945.
39. Labour and education communities set up within State farms or undertakings were first instituted in Bulgaria by a Decree Law " concerning labour and
education communities " and a Decree Law " concerning labour and education communities for persons who constitute a political danger ". 2 According to Article 1 of the
first of these two texts, the following classes of persons were to be forcibly placed
in one of these communities : " (a) persons convicted more than once of (nonpolitical) offences under ordinary law, in so far as such persons constitute a threat
to order and security within the country ; (b) prostitutes, procurers and pimps ;
(c) blackmailers and gamblers ; and (d) beggars and idlers". Article 1 of the second
text laid down that the persons liable to be " forcibly placed " in one of these
communities were those who constituted " a danger to public order and security
of the State ".
40. The labour and education communities, as instituted by these two Decree
Laws, were supervised by the Minister of the Interior. The concluding Articles of
both texts laid down that the Minister of the Interior was to be entrusted with
their application. Under Article 6 of the first text, any decision to place a person
in a community or to order his release was to be taken by the Director of the People's
Militia. In the case of persons covered by Article 1 of the second text, such decisions
were taken by the Minister of the Interior on the basis of a " report drawn up by
1
2

Dürzhnven Veslnik, No. 48, 28 Feb. 1948.
Both published in the Dürzhaven Vestnik, No. 15, 20 Jan. 1945.

A P P E N D I X I H : BULGARIA

207

t h e Director of the People's Militia after due investigation " . B o t h Decree Laws
ötipuialeu Lhati une reason for caking any such decision should be ¡slated. U n d e r
the second paragraph of Article 7 of the former t e x t a n d Article 3 of t h e latter, n o
term in one of these communities was t o exceed six months unless prolonged by a
new decision supported b y a statement of reasons.
41. Article 2 of the first of these two texts indicated t h a t t h e aim of t h e
communities, was " t o wean persons placed in t h e m away from their criminal or
immoral leanings or habits, t o train t h e m for honest labour a n d t o rehabilitate t h e m
morally and intellectually ". The educational character of these communities was
also referred to in Article 3, which mentioned t h e organisation under t h e guidance
of specialised educators of work for t h e inmates, with stress laid on t h e principles
of co-operation a t work, self-supervision and emulation, profit-sharing for t h e workers
a n d recognition for outstanding personal a n d occupational qualities. The Article
also made provision for the organisation of " occupations aimed a t educating a n d
rehabilitating the inmates ", athletic activities, etc. Article 4 laid down t h a t t h e
authority in charge of each community was t o provide employment for t h e inmates
after their release.
Legislation

passed in 1948.

*42. The two Decree Laws published on 20 J a n u a r y 1945, mentioned above,
were repealed b y Article 69 of the People's Militia Act. 1 This Act makes provision,
though in a different form, for similar measures t o those instituted by t h e legislation
issued in 1945 a n d it retains the labour and education communities. Chapter V I I ,
entitled " Measures of Supervision ", contains a section headed " Measures t o be
Taken against Socially Dangerous Persons ". Articles 52 t o 54 r e a d —
Article 52 : The People's Militia may arrest and send to labour and education
communities or to new places of residence, persons guilty of fascist activities [proiavi]
and activities directed against the people, persons who constitute a threat to public
order and the security of the State or, finally, persons who spread pernicious and
false rumours.
Article 53 : The People's Militia shall take similar action against—•
blackmailers, swindlers and habitual offenders ;
procurers, pimps and other persons constituting a threat to public morals ;
gamblers, beggars and other persons guilty of scandalous conduct ;
speculators and black-marketeers.

(a)
(b)
(c)
(d)

Article 54 : Decisions to arrest persons such as those defined in Article 53 and to
send them to labour and education communities or to assign them to a new place of
residence shall be taken by the Minister of the Interior or by such persons as he may
designate for that purpose. Decisions to arrest persons such as those denned in
Article 52 shall be taken by the Minister of the Interior with the agreement of the Prosecutor-General of the People's Republic.
The term of detention in a labour and education community shall not exceed one
year, unless prolonged by a new decision taken in accordance with the procedure
described above.
The assignment of a new place of residence may be definitive or temporary.
Prisons

and Education

Communities

Fund.

43. The financial organisation of t h e labour a n d education communities
instituted b y the two Decree Laws passed in 1945, mentioned above, was governed
1

Dürzhuven

Vestnik,

Xo. 69, 25 Mar. 1948.

208

BEPORT OF THE AD HOC COMMITTEE OK FORCED LABOUR

by a Decree Law to establish a labour and education communities fund under the
aegis of the Ministry of the Interior. 1 The enforcement of this Decree Law was
entrusted to the Minister of the Interior (Article 4) but certain financial and administrative details were made the joint responsibility of the Minister of the Interior and
the Minister of Finance. The resources of the fund were to be derived—•
(a) from the sale of the products of farms and workshops situated in labour and
education communities ;
(b) from payments made by the State or municipal institutions, whether independent or under public control, for the use of the labour of persons placed in the
communities ;
(c) from gifts and other sources.
44. This Decree Law was repealed in 1950 by the first paragraph of Article 5
of a Decree to combine the labour and education communities fund and the fund
for the improvement of the state of prisons in Bulgaria.2 The object of the new
fund, known as the " Prisons and Education Communities Fund ", is stated in
Article 2, which reads as follows :
The purpose of the fund shall be—
(a) to make a rational use of the work of prisoners and persons placed in the communities. To this end, the fund shall establish its own workshops, farms and other
economic undertakings ;
(b) to contribute to the improvement of the living conditions and cultural level of
prisoners and persons placed in the communities.
The Decree states that the fund is supervised by the Minister of the Interior
but that its organisation, replenishment, utilisation and accounts are to be governed
by the regulations issued by the Minister of the Interior with the agreement of
the Minister of Finance. According to Article 4, the resources of the fund are to
be drawn—
(a) from the income yielded by its own farms and undertakings ;
(b) from wages paid in return for the work of prisoners and persons placed in communities ;
(c) from gifts and other sources.
Mobilisation for Labour of Idlers, Persons who Constitute a Threat to Public Order
and Morals, etc.
45. Under legislation passed in Bulgaria in 1946, certain citizens of either sex
could be mobilised for labour if they lapsed into idleness or vagrancy or, more generally, were not engaged in any work of use to the community. This latter measure
was introduced by an Act of 30 August 1946 concerning the mobilisation for labour
of idlers and vagrants 3, which was later amended by a Decree of 9 May 1949 4 altering
the title of the 1946 text to read : " Act concerning Mobilisation for Labour ".
The Act as amended was subsequently repealed by a Decree of 5 October 1950.5
46. According to Article 1 of the Act of 1946, " all Bulgarian citizens of either
sex who are fit for work and have completed 16 but have not yet attained 50 or,
1

Dürzhaven
Ibid„ N o .
Ibid., N o .
l
Jbid„ N o .
"Ibid., No.
%

Vestnik, N o . 267, 15 N o v . 1945.
47, 25 F e b . 1950.
198, 30 Aug. 1946.
104, 9 M a y 1949.
235, 6 Oct. 1950.

APPENDIX HI : BULGARIA

209

in the case of women, 45, years of age, and who have abandoned themselves to
idleness or vagrancy, or spend a considerable part of their time in inns, cafés, bars,
confectionery shops and similar establishments, shall be mobilised for compulsory
labour for the benefit of the community ". The 1949 amendment extended the
scope of the initial Act ; the wording was more general and it introduced the idea
of " a threat to public order and morals ". Article 1, as amended in 1949, laid
down—
All Bulgarian citizens of either sex who are fit for work and have completed 16 but
have not yet attained 50 or, in the case of women, 45, years of age, and who are not
doing any work useful to the community or who, by their mode of life or behaviour,
constitute a threat to public order and morals, shall be liable to mobilisation for labour.
47. Article 4 stipulated that the maximum period of mobilisation for labour
was to be six months, though any person who, within six months of his or her release,
had not taken up an occupation of use to the community might be remobilised.
According to Article 7, mobilisation orders were to be issued by the Minister of the
Interior or by a person appointed by him. A special committee designated by the
Minister was empowered to issue rulings on appeals against mobilisation orders.
The administrative authorities, the militia and the municipal councils in the villages
were instructed in Article 7 to draw up lists of the persons liable for mobilisation
and to submit these lists to the Minister of the Interior, " together with an individual
report, accompanied by a statement of reasons, for each person ". Under Article 3,
persons mobilised had to be assigned to work of public interest. Unlike the two
Decree Laws issued in 1945, the Act concerning mobilisation for labour made provision
for penalties (Articles 11-14).
Mobilisation of Labour and Industry—Temporary Labour Service.
48. Article 2 of an Act of 1948 respecting the mobilisation of labour and
industry 1 empowers the Council of Ministers to " direct individual persons or groups
of citizens between the ages of 18 and 50 years to perform industrial or other
work " and to " mobilise specialists over the age of 50 years ". The last paragraph
of the Article lays down that " subjects of foreign States may be mobilised if their place
of residence is in this country ". Under Article 4, persons so mobilised are to be
remunerated, while Article 6 provides for penalties to be imposed on persons failing
to report for work, abandoning their work wilfully or refusing to carry out the
work entrusted to them.
49. In addition to this Act, the Committee had before it a number of legal
texts requiring certain specialists to enter paid employment related to their specialised knowledge for a given period of time. These texts include : (a) an Act concerning the punishment of specialist workers evading employment in the mines 2 ;
(b) a Decree concerning the occupations and rights of public health workers s ;
and (c) an Ordinance to allocate and place young specialists graduating from higher
educational establishments.*
50. Resolution 41 passed by the Council of Ministers on 6 April 1948 (Protocol
No. 53) 5 , refers to the mobilisation of construction workers for economic purposes.
1
2

Dürzhaven Vestnik, No. 50, 2 Mar. 1948 ; I.L.O. : Legislative Series, 1948—Bui. 2.
Izvestia na Presidinma na Narodnoto Sabranié, No. 12, 9 Feb. 1951.
"Ibid., No. 71, 4 Sep. 1951.
*Ibid., No. 98, 7 Deo. 1951.
* Dürzhaven Vestnik, No. 88, 16 Apr. 1948.
14

210

BBFOBT OF THE AB HOC COMMITTEE ON EOBCED LABOUB

Article 7 lays down t h a t owners and managers of projects who violate the Law
on Labour Standards, Output and Wage Scales and Ordinance No. 17 of the Labour
Administration shall be assigned to forced labour, in accordance with the People's
Militia Act, in labour and education communities.
51. A number of allegations have been made to the effect that Bulgaria's
economic plans, and particularly its Five-Year Economic Plan, are intimately
related with the practice of forced labour. Many of the provisions of an Act concerning the State Five-Year Economic Plan of the People's Republic of Bulgaria (19491953) 1 advocate an increase in the labour force. According to Section III, paragraph 2, the total number of workers and employees is due to reach 948,000 by 1953
and considerable increases are scheduled in the number of persons employed in
every economic sphere. I n industry, for example, there is due to be a 38.4 per cent.
increase in the number of persons in employment in 1953 as compared with 1948,
while a 57.3 per cent, increase is scheduled in the permanent staff in the building
trades, a 28.2 per cent, increase among transport workers, a 52.1 per cent, increase
in communications staff, etc. The same article lists a number of measures to be
taken to increase the skill of workers and provide them with vocational training.
As regards the implementation of the Plan, the Act lays down in Section IV that
" the Council of Ministers shall secure the full co-operation of workers, peasantworkers, craftsmen and intellectuals of the people on the basis of shock work and
socialist competition with a view to the implementation of the Plan ". The Council
of Ministers is made responsible for the execution of the Plan, Section IV, paragraph 2,
stipulating that " to ensure the Plan is implemented, the Council of Ministers may
take decisions whose effect shall be generally binding ".
52. Until 1951, Bulgaria had a system of temporary labour service, instituted
by an Act of 1948. 2 Under Article 1, all Bulgarians and foreign citizens resident
in the country aged, in the case of men, between 18 and 45 and, in the case of women,
between 18 and 40 years were liable to such service. Either five or ten days' work
could be exacted every year, but exemption could be purchased for a certain sum
of money (Articles 6-8). Such service was required for work of benefit to the locality
(Articles 3 and 4) but could also be exacted in the event of a disaster for a maximum
of five days a year (note on Article 5). The Act was abrogated by a Decree of 20 April
1951 3 which includes a clause dealing with the performance of certain work of
benefit to the locality :
Article 2 : I t may be decided by a resolution adopted at a meeting of all the
inhabitants of any locality that the members of the population shall perform voluntary
work for a period not exceeding four days per year on the building of roads and drainage
of canals and other improvements.
Assignment of a New Place of Residence
Politically Dangerous Persons.
53. The possibility of assigning persons to a new place of residence was first
offered by a Decree Law of 1945 concerning labour and education communities for
persons who constitute a political danger.4 The persons covered by this legislation,
i.e., those who constituted " a danger to public order and the security of the State ",
1

Dürzhaven Vestnik, No. 12, 18 Jan. 1949.
Ibid., No. 223, 23 Sep. 1948 ; I.L.O. : Legislative Series, 1948—Bui. 4.
Decree abrogating the Act concerning temporary labour service, Izvestia na Presidiuma na
Narodnoto SäbranU, No. 32, 20 Apr. 1951.
4
See above, paragraph 39.
2
3

APPENDIX m : BULGARIA

211

could, under Article 1, be required to reside at a specified place under the surveillance
Ox. uiic a. ccpxô s ¿txiiiijicb. .Lile prGCGuurô ¿or assigning such persons uo a new pj.acc
of residence was the same as that followed in placing them in a special labour and
education community.1
*54. The People's Militia Act of 25 March 1948, which abrogated the Decree
Law mentioned above under paragraph 53 2, authorises the Militia to assign certain
persons to a new place of residence (Article 52) either definitively or temporarily
(Article 54). Such action can be taken against persons liable to be placed in labour
and education communities (denned in Article 52 as " persons guilty of fascist
activities [proiavi] and activities directed against the people, persons who constitute
a threat to public order and the security of the State or, finally, persons who spread
pernicious and false rumours "). The decision to order such action is taken by
the Minister of the Interior, with the agreement of the Prosecutor-General of the
People's Republic (Article 54).
55. The People's Militia Act states in'the second paragraph of Article 55 that—
Persons assigned to a new place of residence shall not be allowed to leave such place
of residence without authorisation. If necessary, they may be required to report and
register periodically at the local militia commissariat. Whenever persons so assigned
have no means of subsistence and are unable to find employment themselves, the local
militia commissariat shall take steps to find work for them.
Other Persons.
56. The People's Militia Act further states that a new place of residence, either
temporary or definitive, may be assigned to the persons listed in Article 53, viz. :
(a)
(b)
(c)
(d)

blackmailers, swindlers and habitual offenders ;
procurers, pimps and other persons constituting a threat to public morals ;
gamblers, beggars and other persons guilty of scandalous conduct ;
speculators and black-marketeers.
Under Article 54, " decisions to arrest persons such as those defined in Article 53
a n d . . . to assign them to a new place of residence shall be taken by the Minister of
the Interior or by such persons as he may designate for that purpose " ; such decisions do not require the approval of the Prosecutor-General.
57. Article 55 of the People's Militia Act quoted in paragraph 55 above, is also
applicable to such persons.
Restrictions Imposed on Workers—Labour Reserves
*58. The new Labour Code introduced in Bulgaria in 1951 3 imposes certain
restrictions on the freedom of workers. Despite the principles laid down in Article 24,
which stresses that an employer {i.e., an undertaking, administration or organisation)
may not change the workplace and type of work specified in a contract without the
consent of the worker or employee concerned, the following restrictions are permitted :
(1) When the exigencies of production in the undertaking or the requirements of
the administration or organisation make it necessary, a worker or employee may be
1

See above, paragraph 40,
See above, paragraph 42.
3
Izvestia na Presidium* na Narodnoto Sabranié, l\o. 91, 13 Nov. 1951.
2

212

BEPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOUR

temporarily assigned to different work in the same or a different undertaking, administration or organisation in the same locality for a period not exceeding 45 days in any
single year (Article 25, section 1).
(2) In the event of a stoppage of work, a worker or employee may be similarly
assigned under the same conditions as in (1) for the duration of the stoppage (Article 25,
section 1).
(3) When unavoidable circumstances make it necessary, a worker or employee
may be ordered to do different work even though such work is not suited to his skill
(Article 25, section 2).
(4) Skilled workers or employees in the categories named in an Ordinance of the
Council of Ministers m a y be transferred to other work in the same or a different undertaking or moved to work in a different locality, even without their consent (Article 26,
section 1).
(5) A worker or employee may be sent to another workplace if the exigencies of
production in the undertaking or the requirements of the administration or organisation
make it necessary (Article 26, section 2).
(6) Subject to an appeals procedure provided for in Article 29 (i), a contract of
employment may be terminated on the request of the local committee of the occupational union concerned.
I n the event of a worker or employee refusing to be transferred, t h e employer
m a y terminate t h e contract, w i t h or without notice, depending on t h e circumstances (Articles 31 (e), a n d 33 (e)).
* 5 9 . A Central L a b o u r Reserve Department, set u p within t h e Council of
Ministers b y a n Ordinance of 3 March 1952 1 , is t o direct t h e training a n d allocation
of young reserve workers, t o systematise t h e recruitment of labour and to
supervise a n d allocate manpower according t o t h e needs of industry, transport
a n d construction. Article 2 provides for various types of vocational schools, which
are open, according t o Article 3, t o young persons aged between 14 a n d 17 or t o
young men a n d girls aged between 16 a n d 18 years, depending on t h e type of
school. Under Article 4 , " candidates for t h e labour reserve schools shall be found
from voluntary applications or b y planned recruitment from among young persons
in t h e towns and c o u n t r y w i t h the collaboration of t h e People's Councils of Workers'
Deputies a n d t h e administrative services of t h e agricultural co-operatives " . Under
Article 5, persons who h a v e finished their training in t h e labour reserve schools
are required t o work for four years in t h e branch of industry to which t h e y have
been sent.

Additional Material
Addition

to Paragraph

25.

A new Act on t h e judicial system issued in November 1952 a defines the task
of justice i n t h e following t e r m s :
Article 1 : I t shall be the task of justice in the People's Republic of Bulgaria to
protect from every violation the popular-democratic social and public order established
by the Constitution, the socialist economic system and socialist property. Justice shall
protect the political, labour and other personal and property rights and legitimate
1
Ordinance No. 199 issued by the Counoil of Ministers on 3 Mar. 1952 to set up a Central Labour
Reserve
Department (Izvestia na Preaidiuma na Narodnoto SäbranU, No. 34, 25 Apr. 1952).
8
Izvestia na Preaidiuma na Narodnoto SäbranU, No. 92, 7 Nov. 1952.

APPENDIX m : BTXLGABIA

213

interests of citizens, as well as the rights and legitimate interests of State institutions
and undertakings and other public bodies.
Article 3 : In their activities, the courts shall ensure the accurate and uniform
application of the law by all institutions, undertakings, public bodies, officials and
private citizens, and shall educate citizens in a spirit of devotion to their country, of
labour discipline, conscious obedience to the law and respect for the rules of the socialist
community.
Addition to Paragraphs 42 and 54.
A reference to persons being assigned " to educational labour " and " to another
place of residence " is to be found in an Act of February 1953 1 to amend and supplement the Penal Act of 1951. The principal additions are two clauses (Articles
72 (a) and ( b) ) under which Bulgarian citizens are punishable as traitors if they
are guilty of having left the country without permission or of not returning within
the stipulated time after a legitimate stay abroad. In addition to deprivation of
rights and confiscation of property, the second paragraph of Article 72 (b) institutes
" administrative measures—assignment to educative labour or to a new place
of residence ", to be taken against adult members of the traitor's family who were
living with him or were dependent upon him.
Addition to Paragraphs 58 and 59.
An Act to stabilise manpower in undertakings and institutions was promulgated
on 17 February 1953 2, its aims being, according to Article 1, to strengthen labour
discipline and thereby to contribute to the reinforcement of the nation's economic
and defensive strength.
Article 2 prohibits workers and employees in State, co-operative and public
undertakings and institutions from leaving their employment on their own initiative
by their unilateral termination of a contract of employment concluded for an
indefinite period. They are not allowed to leave unless they have obtained permission from the head of their undertaking or institution ; such permission must,
however, be given in the various cases listed in Article 3. Under Article 4, persons
contravening the ban imposed by Article 2 are liable to deprivation of liberty for
from two to four months or to corrective labour for a period not exceeding one
year, except where heavier penalties may be inflicted under other legislation.
Article 5 lays down that the heads of undertakings and institutions are also liable
to punishment if, either intentionally or through negligence, they fail to hand over
an offender to the courts or engage a worker who has left his previous employment
without permission and is evading the prosecution to which he is consequently liable.
Articles 6-8 are concerned with the pupils of labour reserve schools. Under
Article 6, pupils who leave these schools without permission or are expelled for
committing flagrant and systematic breaches of their discipline are liable to be
detained in a " labour colony " for a period not exceeding one year. Article 7 provides
that, on completing their studies, pupils shall accept the employment to which
they are assigned in a specified locality and shall remain there for the period stipulated by the Council of Ministers ; otherwise, under Article 8, they are liable to
the penalties laid down in Article 268 of the Penal Act, i.e., deprivation of liberty
for a period not exceeding three years or corrective labour.
Article 9 provides that persons contra veiling the Act shall be judged by people's
courts using the rules of the accelerated system of procedure.
1
2

Izvestia na Presidiuma na Narodnoto Sabranié, lío. 13, 13 Feb. 1953.
Ibid., Ko. 14, 17 Feb. 1953.

214

BEPORT OF THE AD HOC COMMITTEE Olí FORCED LABOUR

CZECHOSLOVAKIA
Summary of Allegations, of Replies to Allegations and of the Material Available
to the Committee
I.

ALLEGATIONS

1. Allegations relating to Czechoslovakia were made—
(1) In the course of the debates in the Economic and Social Council by the
representatives of the United Kingdom and by the representative of the United
States of America.
(2) By the Government of the United Kingdom, in an Annex attached to their
note submitted to the Secretary-General of the United Nations on 22 June 1951,
in reply to bis note SOA. 317/8/03 of 18 May 1951 regarding the establishment
of the Ad Hoc Committee on Forced Labour. 1
(3) In memoranda, to some of which were attached legal texts and various
reports and pamphlets on the situation in Czechoslovakia, submitted to the Committee by the following non-governmental organisations : the International Confederation of Free Trade Unions, the International Federation of Free Journalists,
the International League for the Bights of Man, the Christian Democratic Union of
Central Europe, the Council of Free Czechoslovakia, and the National Committee for
a Free Europe.
(4) In oral statements before the Committee by the representative of the
Council of Free Czechoslovakia, by the representative of the International Federation
of Free Journalists and by a member of the National Committee for a Free Europe,
appearing in his personal capacity.
(5) In the oral testimony of a witness associated with the Council of Free
Czechoslovakia, heard by the Committee at its Second Session.
2. These allegations referred to—
(a) the existence, de facto and de jure, of a system of forced labour employed
both as a means of political coercion and as a means of fulfilment of the country's
economic plans ;
(b) the judicial or administrative procedure whereby forced labour is imposed ;
(c) the deportation of Czechoslovak citizens to the Soviet Union or their
transfer from one area to another inside Czechoslovakia for compulsory labour ;
(d) the location of forced labour camps, the number of their inmates, and
their conditions of work.
These allegations, grouped according to the subjects to which they refer, are
summarised below.
1

See United Nations document E/AC. 36/4.

APPENDIX i n : CZECHOSLOVAKIA

215

Existence, Aspects and Purposes of Forced Labour
3. The allegations in this connection made by one of the representatives of
the United Kingdom to the Economic and Social Council were as follows :
I n Czechoslovakia, no attempt was being made to disguise the fact that forced
labour camps existed. Mr. Mayhew called the attention of the Council to Law 247
of 25 October 1948. Article 1, Section 3, of that Law stated that prisoners were employed
in the national interest in fulfilment of the economic plan. Article 2, Section 1, stated
that the prisoners were between 18 and 60 years of age and included persons who " menace
the structure of the people's democratic order ". Article 3, Section 2, stated that, officially, sentences varied from three months to two years. Article 5 specified t h a t t h e
execution of the sentence could not be delayed. Finally, Article 6 provided t h a t t h e
sentence could be shortened or prolonged at the suggestion of the camp administration.
Before the adoption of that Law, some 170,000 Sudetens who had remained in Czechoslovakia had been sent to forced labour, mainly in the eastern part of the country. Some
had been deported to Russia. 1
4. The allegations m a d e by another representative of t h e United
in two statements, were as follows :

Kingdom,

Perhaps Czechoslovakia was the most painful example of a country to which t h e
system of forced labour had spread. The introduction of the five-year plan for t h a t
country in October 1948 had been accompanied by the promulgation of Law 247 concerning forced labour camps. The authors of t h a t Law had made no attempt to disguise
such camps as educational institutions. Possibly the Czechoslovak forced labour camps
were the least inhumane of such communist institutions, but they constituted a wholesale
violation of human rights. The Law contained no provisions for a trial of any sort.
Section 2 of the Law began with the words : " To the camp shall be sent : (a) Persons
who have reached the age of 18 and are not older than 60 and are physically and mentally
fit but shirk work or menace the structure of the people's democratic order or national
economy . . . ; Section 3 with the words : " A commission of three, whose members
and deputies shall be nominated by the regional national committees, shall decide upon
sending persons to a camp, upon the duration of their term, etc
" ; and in Section 5
it was simply stated t h a t : " An appeal lodged against a decision under Section 3 has
no delaying effect ". There was no suggestion in the Law that those condemned to forced
labour should have legal advice or be heard in their own defence. Probably the first
time they heard of the charge against them was when the police came to their house
in the middle of the night and removed them to the camp. The United Kingdom delegation had circulated to delegations a specimen decree of the type issued through the
security police, although paragraph 24 of the regulations showed t h a t an arrest could
be made in anticipation of the issue of a decree. I t was true that the victim had the
theoretical right to appeal against the arbitrary decision of the commission, b u t in
the meantime he would be subjected to forced labour and his business might be taken
over and his wife and family turned out of their house. The Law amounted to sheer
terrorism and political oppression. 2
The United Kingdom's concern regarding forced labour in Czechoslovakia had
nothing to do with the nationalisation of Czechoslovak industry ; its concern had been
aroused by Law No. 247 promulgated in Czechoslovakia on 25 October 1948, regarding
the organisation of forced labour camps. Since the United Kingdom was opposed t o
forced labour, it had concluded that there was a case for investigation by the United
Nations. While he would not enter into a discussion of political systems, he wished
to make it clear that the United Kingdom had not associated itself with the United
1
UNITED NATIONS, Economic and Social Council, 8th Session, 238th meeting : Official Records,
p. 112.
2
Idem, 11th Session, 413th meeting: Official Records, paragraph 21.

216

REPOBT OF THE AD HOC COMMITTEE ON FORCED LABOTJB

States in the matter of forced labour on account of any similarity in their economic
systems, but because both Governments were alarmed a t the spread of forced labour
in the countries dominated by the Soviet Union. 1
5. The U n i t e d K i n g d o m Government's Annex t o their note submitted on
22 J u n e 1 9 5 1 2 contained, in regard t o Czechoslovakia, t h e following passage :
TTia Majesty's Government and the people of the United Kingdom continue to
regard with the gravest concern the system of forced and underpaid labour employed
in the U.S.S.R. and now being introduced into Soviet-dominated States of Eastern
Europe. . . .
His Majesty's Government are of the opinion that a proper examination of this
question .. . requires consideration of the hard evidence available, and in particular
the legislation pertaining t o forced labour which is now in force in certain countries.
Additional information on Soviet forced labour policy has accordingly been selected
by His Majesty's Government from published sources and official documents of the
U.S.S.R. and the Soviet-dominated Czechoslovak Government. 3
6. The allegations m a d e b y t h e representative of t h e United States of America
t o the Economic a n d Social Council in two statements were as follows :
On 24 March 1949, the following passages, which had not been denied by the Czechoslovak authorities, had appeared in the New York Times :
He [the Czechoslovak Minister of the Interior] said he would need 10,637,952,000
crowns (212,759,040 dollars) this year compared with 3,879,983,000 crowns
(77,597,860 dollars) in 1949. Expenditures for internal security will exceed those
for national defence b y more than 1,000,000,000 crowns.
The Interior Ministry's own income [he observed significantly] will increase
by about one-third over last year's, thanks to increased revenues from the forced
labour camps as well as from the Official Gazette and the sale of pamphlets.
He [the representative] did not suppose t h a t the revenue from the sale of the
Official Gazette and the pamphlets was very large. The information showed that forced
labour had become an integral part of the Czechoslovak economy, as it was of the economy
of the U.S.S.R. and other communist countries. On 11 August 1950, the information
agency Reuter had despatched from Prague the following message : " The Czechoslovak
Government today announced the setting up of labour camps where security offenders
could be sent for periods of u p t o two years ". That announcement was a clear admission
by the Czechoslovak Government t h a t it was its policy to send security offenders to
labour camps. 4
In Czechoslovakia conditions were again similar, although there the laws spoke
openly of forced labour camps and did not use vague euphemistic terms to cloak the
real nature of the camps. As in Bulgaria, the offences for which a person could be condemned to forced labour were drafted in very broad terms, the camps were under the
authority of the Ministry of the Interior and people were condemned through administrative procedures. Under the new penal laws adopted on 12 July 1950, the authority
t o punish certain very broadly denned offences was conferred entirely upon the people's
committees, which were purely political bodies, and it was not even required to grant
the accused hearing. 5
7. In a n oral s t a t e m e n t m a d e before t h e Committee, the representative of t h e
Council of Free Czechoslovakia asserted t h a t the forced labour system served two
1
UNITED NATIONS, Eoonomio and Sooial Council, 12th Session, 474th meeting : Official Becords,
paragraph 38.
2
See above, paragraph 1 (2).
8
To this Annex were attached extracts from Law No. 247 of 25 Oct. 1948 and regulations
concerning forced labour camps.
* UNITED NATIONS, Economic and Social Council, 11th Session, 413th meeting: Official Records,
paragraphs 26-27.
* Idem, 12th Session, 470th meeting : Official Becords, paragraph 12.

APPENDIX HI : CZECHOSLOVAKIA

217

purposes, one economic—to supply cheap labour, and the other political—to
ôiiKunate all opposition Lo the uoiunimiiab regime. He alleged Liu*!/ the pOiio^
followed was " neither completely economic nor completely political : it is something
between ". He continued—
We call it forced labour and they call it re-education. All the forced labour camps,
from their point of view, are for re-education purposes. . . . The kind of life that is led
with the work [exacted from the forced labourers] is considered an education in itself,
which will correct their previous wrong political opinions. That ia the theory. . . . Yet,
from the practice and the situation in the camps, that is not re-education but camouflage.
. . . I t is on the basis of suspicion, political unreliability that people are assigned to
forced labour.
Quoting from the Czechoslovak Constitution of May 1948, and from the laws
promulgated during 1951 concerning labour reserves, he concluded that " the rest
of the working population cannot be said to be free in any sense of the word. The
country is one large forced labour camp."
8. In his memorandum dated May 1952, the representative explained that
he used the term " forced labour " in the sense in which it was defined in the Forced
Labour Convention (No. 29) adopted on 28 June 1930 by the International Labour
Conference in Geneva, i.e., " 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 ". He added that, on the basis of this definition, " it is clear
that there is no longer any voluntary labour in Czechoslovakia. Only the degrees
of coercion vary."
All the attributes that distinguished a wage earner as a voluntary worker from a
slave or serf are now abolished. It is impossible to draw a sharp line between them.
I t is impossible to enumerate and classify all the shades of difference between the
two poles.
The representative further alleged that in Czechoslovakia today there were
three fundamental types of forced labour, distinguishable according to the degree
of compulsion—
(1) Forced labour in the technical sense of the word, imposed on an individual
" because the authorities consider it right for him. " .
(2) Forced labour exacted from so-called " military brigades ", that is, from
soldiers assigned to work in mines or elsewhere.
(3) Forced labour as a " measure of redress ", a punishment imposed by the
decision of a court. In this connection he referred to the Penal Code of 1950 (Act
No. 86)—
. . . Under Articles 37 and 38 of the Penal Code of 1950 . . . the court can sentence
the guilty person . . . to a measure of redress for the duration of one to six months. . . .
The measure of redress is carried out without confinement. It obliges the guilty person,
during the prescribed period of time, to work where he has been assigned, for a reduced
remuneration and without the benefit of certain advantages that accrue from the job.
9. In bis oral statement before the Committee the member of" the National
Committee for a Free Europe, appearing in his personal capacity, commented on
Decree No. 88 respecting general compulsory labour service, promulgated on
1 October 1945, and also on various laws concerning compulsory or forced labour
promulgated since February 1948. He asserted that the difference between the

218

BEPOET OF THE AB HOC COMMITTEE ON FORCED LABOUR

form of forced labour imposed after F e b r u a r y 1948 a n d t h e form of forced labour
required under t h e Decree of 1945 was as follows :
The Decree of 1945 was conceived as an emergency measure in order to enable
the upbuilding of the country which had been partly devastated by war and the occupation. . . . The Decree enabled the Labour Departments . . . to assign men between
the ages of 16 and 55 years and women between the ages of 18 and 45 years to a work
the immediate carrying out of which was rendered necessary by important public interests. . . . I t was for a limited period of one year . . .
Since then, of course, the economic situation has changed very much and Czechoslovakia has become a planned economy under a five-year plan. . . . On 29 June 1951
the Cabinet decided t h a t 77,500 workers in administrative employment . . . and commercial undertakings would be transferred to the mines and heavy industry. . . . Those
77,500 were mostly selected from groups of so-called unreliables, people who had political
affiliations with former so-called bourgeois parties or people who were of bourgeois
descent and therefore unreliable.
10. I n its m e m o r a n d u m of 28 May 1952, t h e Christian Democratic Union of
Central Europe offered, a s evidence of t h e existence of forced labour in Czechoslovakia,
a short survey of Decree No. 88 of 1 October 1945, a n d Acts Nos. 175 of 21 J u l y 1948,
247 of 25 October 1948 a n d 86 of 12 J u l y 1950.
Since 1952, it is alleged in this memorandum, a reorganisation of the system
of forced labour camps has been noticeable ; some of the larger camps have been
abolished a n d several small ones have been set u p in industrial a n d mining districts.
11. The International
Confederation of Free Trade Unions submitted to the
Committee a m a p of c a m p s in Czechoslovakia a n d t h e texts of Decree No. 88 of
1 October 1945 respecting general compulsory labour service a n d of Act No. 144
of 16 March 1946 respecting t h e united t r a d e unions.
12. I n its " S u m m a r y R e p o r t on Forced Labour in Czechoslovakia ", the
International League, for the Rights of Man, dealing with the origins of t h e labour
camps system in Czechoslovakia, stated t h a t t h e first legal provision concerning
compulsory labour was Decree No. 88 of 1 October 1945.
The Decree was enacted upon suggestion of the Communist Minister of Labour
and Social Welfare at t h a t time, Dr. Josef Soltesz . . . [It] was . . . signed by President
Benès and it was considered to be an emergency measure . . . [to end] within two years
after the end of hostilities, at the latest. However, it remained in force until . . . February
1948 . . . and largely enabled the new . . . Government to send a number of persons
labelled as being " unreliable " elements right away into the labour camps. The new
régime promptly amended . . . the Decree, extending the period for which a person
may be assigned to compulsory work from 18 months to two years. . . . This amended
Decree now offers a legal basis for the labour assignments which have become a daily
reality of the country's life and which affect the lives and liberty of thousands of its
inhabitants.
T h e report also enumerates various laws, decrees and regulations enacted in
Czechoslovakia since t h e new Government was set u p in Prague, " most of t h e m
closely following t h e corresponding Soviet legislation " .
13. I n a m e m o r a n d u m d a t e d 5 November 1952 submitted b y t h e International
League for the Bights of Man, i t is asserted t h a t " the official a t t i t u d e towards the
problem of manpower i n 1946 m a y be seen in t h e words of Dr. Josef Sliz, a leading
officer of t h e Ministry of Social Welfare, in a s t u d y . . . published in Socialni Revue,
pages 346-350". The following passage from this study is quoted in t h e memorandum :
Labour direction as a planned national economic system will bring many new
problems concerning the developments of a socialist order, problems of personal freedom,

A P P E N D I X ITT : CZECHOSLOVAKIA

219

the individual's relations to the community and his share in the work of the community.
One of the important questions is the extent t o 'which t^e State wn interfere with t h e
life of t h e individual. This cannot be solved merely on political or legal grounds. The
new direction of labour may restrict the freedom of the citizen only if this is in agreement
with t h e demands of planned national economy, the success of which determines fundamentally the living standard of the community.
The memorandum further states—
I n the case of Czechoslovakia, it is . . . possible to demonstrate the relationship
between the location of forced labour camps and the planned economic development
of the country.
The areas of the country which have strategic importance for industry are : Joachimsthal, with its uranium deposits ; Falknov, which also has uranium as well as coal deposits ;
Pilsen, Prague, Pardubice and Ostrava, centres of metallurgical industry ; Handlova,
the location of coal deposits and the Budweis area which contains lignite deposits ;
Brno, the location of the armament industry ; Kladno and Huko, which contain coal
and steel mills.
14. In his oral statement made before the Committee during its Third Session,
a representative of the International Federation of Free Journalists alleged that
the system of forced labour in Czechoslovakia played an important part in the
national economy and particularly in the rearmament programme.
The large uranium mines . . . had been worked [before February 1948] by prisoners
of war and criminals. After February 1948 prisoners of war had gradually been replaced
by persons sentenced for political crimes or by politically unreliable elements serving
administrative sentences of forced labour for purposes of re-education . . . .
Persons sentenced to forced labour fell into four categories : former owners of industrial firms, businesses, agricultural and other enterprises ; State and other public employees branded as disloyal or politically unreliable ; politically unreliable workers
and the descendants of the first two categories.
Referring to forced labour performed by the " military battalions " , he said
that before 1948, owing to the shortage of manpower, soldiers had been drafted
into the mines for limited periods.
[After February 1948] a purge took place in the army and elements regarded as
unreliable were sent to work in the mines. At the present moment conscripts were
screened when called up and those whose loyalty to the régime 'was suspect were drafted
into the Technical Aid Battalion for forced labour in the mines or t h e construction of
military installations. They were better treated than other forced labour convicts
as they were given more or less t h e same food as ordinary soldiers a n d their period of
service was 18 months. Prisoners in forced labour camps, on t h e other hand, never
knew when they would be liberated and the heads of camps were now empowered to
extend sentences.
Procedure whereby Forced Labour is Im-posed
15. In this connection, allegations were made by the representative of the
United Kingdom in his statement before the Economic and Social Council. He
asserted that Law No. 247 of 1948, listing the different categories of persons to be
interned in forced labour camps, contained no provisions for a trial of any sort,
that the power to decide upon sending persons to a camp, upon the duration of
their term, etc., was vested in a commission of three whose members were nominated
by the regional national committees, and that there was no suggestion in the Law

220

BEPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

that those condemned to forced labour should have legal advice or be heard in their
own defence.1
16. In his statement before the Economic and Social Council, the representative of the United States of America also alleged that people were condemned to
forced labour through administrative procedures and that, under the new penal
laws adopted on 12 July 1950, the authority to punish certain very broadly defined
offences was conferred entirely upon the people's committees, which were purely
political bodies.2
17. In his oral statement made before the Committee, the representative of the
Council of Free Czechoslovakia asserted that the overwhelming majority of persons
in forced labour camps had been sent there by an administrative commission—
People were assigned to the labour camps without any hearing and without any
public decision. They were in the camps, and only after that, in many instances, were
they informed that they had been sent there for political reasons.
18. In his oral statement made before the Committee the member of the
National Committee for a Free Europe, appearing in his personal capacity, affirmed
that—
The overwhelming majority of those in forced labour camps go through administrative procedure. Three-man commissions at the regional national committee level decided
that somebody was to be put into a forced labour camp and he was not heard before. . . .
Political crimes are tried according to the Penal Code by a special court which
is called a State court. This court, established in 1948, has three professional judges
and two laymen. The accused gets a lawyer, but the possibilities of the lawyer are
very restricted because he is expected not only to defend the accused, but also to protect
the interests of the people's democracy.
19. In its " Summary Report on Forced Labour in Czechoslovakia ", the
International League for the Bights ôf Man referred to Law No. 247 of 25 October
1948, under which, it alleged, " any person between 18 and 60 years of age who,
according to the decision of a three-man commission appointed by the local administration, appears to be ' a threat to the establishment of the people's democratic
order or to economic life ' may, without being heard, be assigned to hard labour
for a period of between three months and two years (Section 3 (a)). An appeal
against such decision does not suspend the transfer of the person into a camp
(Section 5). The commission is also entitled, after the release of the detainee, to
deprive him of the right t o take up residence in certain localities (Section 4). "
20. The witness associated with the Council of Free Czechoslovakia described
the conditions in which he was arrested in Prague in 1949, tried and sent to a labour
camp.
In any democratic country, if you are arrested, it is a custom to permit you to
ask for a lawyer to defend you . . . to get you bail and to help you [before the trial]. . . .
I waited for two months. . . . We [he and 15 other accused prisoners] got one lawyer
the day before the trial. . . . In Prague there are only 36 lawyers who are allowed to
defend before the State court . . . all fanatical communists. . . . The trial was secret. . . .
They told me that I was branded as an anti-communist . . . .
I was sentenced to ten months of so-called hard gaol . . . [two months later] we
were chained together, four and four, put into trucks. . . . In the afternoon we found
1
2

For a fuller text of this statement, see above, paragraph 4.
For a fuller text of this statement, see above, paragraph 6.

APPENDIX m : CZECHOSLOVAKIA

221

ourselves in the Camp B . . . near C. . . . The camp was made for about 800 prisoners. . . .
You had to do the norm [of work which was assigned for the day]. . . . This was impossible
Deportation

of Czechoslovak

Citizens

2 1 . Allegations concerning t h e deportation of Czechoslovak citizens t o t h e
Soviet Union were m a d e b y the International League for the Rights of Man in i t s
" S u m m a r y Report on Forced Labour in Czechoslovakia " . I t asserted t h a t t h e
deportations began in 1945 a n d were carried out directly b y t h e Soviet People's
Commissariat for Internal Affairs (N.K.V.D.). T h e report s t a t e s —
. . . I n the liberated eastern parts of Czechoslovakia, deportation of thousands into
similar [nazi] camps of horror was already well under way [in April and May 1945]....
As it is presently known on the basis of various witnesses' reports, the total of
some estimated 20,000 persons of Czechoslovak nationality were deported by theN.K.V.D.
to the Soviet Union in 1945.
The following extract is t a k e n from one of t h e " witnesses' reports " referred
t o in t h e above passage :
Mr. " S. " . . . was arrested in Presov and in March 1945, in a single transport of
2,500 Czechoslovak citizens, escorted to the Soviet Union. Mr. S. . . . and most of the
deported worked in the Donbass coal basin [Ukraine]. . . . I n 1947, a number of prisoners,
among them Mr. S., were brought to Siberia (camp Morchansk). After three-and-a-half
years of imprisonment in various forced labour camps, Mr. S. together with 30 of his
fellow inmates were released and . . . permitted t o return to their country.
22. I n his oral statement before t h e Committee, t h e representative of t h e
Council of Free Czechoslovakia m a d e t h e following allegations in this connection :
I n 1945 about 20,000 people were shipped to the Soviet Union as the Bed Army
moved west. Those who were denounced by local communists as dangerous were shipped
east. I n 1947 we succeeded in getting back 5,000 of these people—the rest of them
disappeared.
23. On t h e same question of t h e deportation of Czechoslovak citizens t o the
Soviet Union or their transfer from one area t o another inside Czechoslovakia for
compulsory labour, t h e following passage of t h e s t a t e m e n t m a d e in t h e Economic
a n d Social Council b y t h e representative of t h e United Kingdom m i g h t again be
recalled :
Before the adoption of t h a t Law [No. 247 of 25 October 1948] some 170,000
Sudetens who had remained in Czechoslovakia had been sent to forced labour, mainly
in the eastern part of the country. Some had been deported to Russia. 1
Forced Labour

Camps

24. I n a memorandum entitled " Slave L a b o u r in Czechoslovakia " submitted
b y t h e International Federation of Free Journalists, it is alleged t h a t " camps for
forced labour were set u p in t h e vicinity of t h e main mining a n d industrial centres
of Czechoslovakia " . The memorandum s t a t e s —
One of the largest concentrations of forced labour camps is in the region of the
uranium mines near Jachymov, Western Bohemia.
1

For a fuller text of this statement, see above, paragraph 3.

222

REPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOUR

The Jachymov region contains various camps lying to the north of Ostrov, near
the Karlovy Vary-Jachymov highway, and in Vykmanov. . . . There are altogether
about 65 individual camps accommodating some 25,000 prisoners . . . .
Another region of forced labour camps attached to uranium mines is in the vicinity
of Pribram, in Central Bohemia, south of Prague . . . .
Among scores of other forced labour camps, these are the names of the worst :
Svaty J a n Pod Skalou . . ., Central Bohemia—work in quarries ; Krivoklat, Central
Bohemia—work in quarries ; Kutna Hora, east of Prague—work on a State farm ;
Budejavice, Southern Bohemia—construction of a large military airfield ; Pardubice,
Eastern Bohemia—production of explosives . . . .
The memorandum states t h a t it is n o t possible t o assess exactly t h e number
of persons directed t o forced labour camps. I t adds—•
From the reports of refugees who passed through some of these camps we may
however safely estimate the present number of inmates as approximately 240,000 people,
both men and women. About 80 per cent, of them are political prisoners sentenced
by administrative organs (national committees), about 12 per cent, are political prisoners sentenced by State courts . . . and the rest are common criminals serving their
sentences in forced labour camps.
The following passages of t h e m e m o r a n d u m relate t o working conditions in
t h e camps :
The prisoners in forced labour camps are made to work on jobs particularly dangerous t o their lives or health.
Prisoners working in uranium mines are exposed to
continuous emanation of radio-active rays causing serious internal diseases, and after
a few years uninterrupted work comes certain death. Whilst ordinary workers in the
uranium mines receive special food and additional milk, the prisoners have to live on
ordinary malnutritive prison food. . . .
The working time is seldom shorter than 10 hours a day. . . . Cases of prisoners
being beaten up by guards are reported from every camp. . . .
25. In t h e m e m o r a n d u m submitted b y t h e International League for the Rights
of Man it is alleged t h a t t h e t o t a l figure of persons held in labour camps in Czechoslovakia was estimated t o be approximately 350,000 a t the end of November 1951.
Most of the camps are situated in or near industrial and mining centres. I t seems
to be beyond doubt that economic reasons determine the extent and the use of slave
labour.
An Appendix t o t h e m e m o r a n d u m contains a detailed list of forced labour
camps i n which Czechoslovak citizens are allegedly interned.
26. In its m e m o r a n d u m d a t e d May 1952, t h e Council of Free Czechoslovakia
asserts that, " a t t h e end of August 1951, information from m a n y sources, including
statements from persons who h a d escaped from Czechoslovakia a n d from forced
labour camps, listed 87 [camps] of varying character . . . in which some 220,000
persons were imprisoned a n d forced t o work " .
The memorandum a d d s , however—•
By 15 March 1952, n o t only had the number of forced labour camps increased
from 87 to 247, and prisoners and detainees from 220,000 to some 350,000, but the
system of forced labour was enlarged altogether, especially through the military forced
labour companies labelled " technical aid battalions ".
This m e m o r a n d u m also contains a description of allegedly harsh conditions
in t h e camps a n d of t h e severe t r e a t m e n t t o which t h e inmates are alleged t o be
subjected. I t also gives a list of camps.

223

A P P E N D I X m : CZECHOSLOVAKIA

27. The International Federation of Free Journalists also submitted to the
CoiuimLuse a list of forced labour camps allegedly located in Chechoslovakia.

II.

REPLIES TO THE COMMITTEE'S QUESTIONNAIRE AND TO ALLEGATIONS

28. In a reply 1 to the Committee's questionnaire, the Permanent Delegation
of Czechoslovakia to the United Nations stated—
The Government of Czechoslovakia is of the opinion t h a t the Ad Hoc Committee
on Forced Labour has been established for the purpose of spreading slander against
Czechoslovakia and other countries which abolished exploitation of m a n by m a n and
where work became really free. The Ad Hoc Committee, its composition, its arbitrary
determination of the terms of reference and the questionnaire itself are a n obvious proof
of the fact that the object of this entire action is to interfere into the internal affairs
of other countries, thus constituting a gross violation of the Charter of the United Nations.
Therefore the Government of Czechoslovakia rejects this questionnaire as illegal.
I t aims at the spreading of a slander and interference into internal affairs of other countries and is contrary to the obligation of the Member States of the United Nations the
purpose of which is to develop friendly relations among nations.
29. In the course of the debates in the Economic and Social Council the
representative of Czechoslovakia made a statement in which he criticised the economic and social systems prevailing in capitalist countries and vindicated labour
practices in the U.S.S.R. and the people's democracies.
The parts of this statement referring specifically to the situation in Czechoslovakia are as follows :
. . . after the people of Czechoslovakia had decisively rejected the capitalist economic
and social system . . . there had been a startling change in the position of the working
classes in Czechoslovakia . . . .
He then turned to the question of labour practices in the U.S.S.R. and the people's
democracies. The workers of those countries . . . had acquired a new freedom and were
able to raise the standard of living of the nation as a whole, instead of working for the
benefit of a few individuals . . . .
He quoted . . . a statement b y President Gottwald showing the increase in the
industrial output to Czechoslovakia since the overthrow of the capitalist system. Under
the capitalist system the country's policies had been determined in p a r t by foreign
investors and domestic trusts, and its independence had accordingly been limited. All
t h a t had been changed. . . . 2

III.

MATEBIAL AVAILABLE TO THE COMMITTEE

30. The official Czechoslovak documents summarised below include the legal
and other texts submitted to the Committee by the United Kingdom Government 3
and various non-governmental organisations 4 as well as the documents assembled
by the Committee itself.
1

United Nations d o c u m e n t E/AC. 36/11.
U N I T E D N A T I O N S , Economic a n d Social Council, 12th Session, 472nd m e e t i n g : Official
p a r a g r a p h s 15, 16, 23, 24.
3
See above, p a r a g r a p h 5.
* See above, p a r a g r a p h 1 (3).
2

Records,

224

BEPORT Oí TEE AD HOC COMMITTEE OX FORCED LABOUR

The texts in question are—
(a) Act No. 86 of 12 July 1950 (the Penal Code) * ;
(b) Explanatory memorandum on Act No. 86 of 12 July 1950 2 ;
(c) Act No. 87 of 12 July 1950 (the Code of Judicial Criminal Procedure)* ;
(d) Explanatory memorandum on Act No. 87 of 12 July 1950 3 ;
(e) Act No. 88 of 12 July 1950 (the Administrative Penal Code) * ;
(f) Explanatory memorandum on Act No. 88 of 12 July 1950 5 ;
(g) Act No. 89 of 12 July 1950 (the Code of Administrative Criminal Procedure) 4 ;
(h) Explanatory memorandum on Act No. 89 of 12 July 1950 6 ;
(i) Ordinance No. 105 issued by the Slovak National Council on 23 August
1945 7 ;
(j) Executive Order No. 89, dated 14 June 1946 8 ;
(k) Decree No. 88 respecting general compulsory labour service, issued by
the President of the Republic on 1 October 1945 9 ;
(I) Act No. 247 of 25 October 1948 concerning forced labour camps 10 ;
(m) Explanatory memorandum on Act No. 247 dated 25 October 1948 u ;
(n) Act No. 114 of 20 December 1951 concerning the profession of advocate 12 ;
(0) Explanatory memorandum on Act No. 114 of 20 December 1951 13 ;
(p) Act No. 241 of 27 October 1948 concerning the first Five-Year Economic
Plan for the development of the Czechoslovak Republic 14 ;
(q) Act No. 110 of 19 December 1951 concerning national labour reserves15;
(r) Decree No. 128 of 27 December 1951 concerning the organisation of labour
recruitment M ;
(s) Speech by the Prime Minister, Mr. Antonin Zapotocky, on the draft of
the first Five-Year Economic Plan for the development of the Czechoslovak Republic, made at a plenary session of the National Assembly on 7 October 1948.17
31.
(1)
(2)
(3)
liberty ;
1

This material relates to the following points :
The aim of penal law.
Penalties and their execution.
Forced labour imposed : (a) on persons under sentence of deprivation of
(b) on persons after the completion of their terms of deprivation of

Sblrka zákonü republiky Ceskoslovenské, N o . 39, 18 J u l y 1950.
Národnl shromáldénl republiky
Ceskoslovenské, 1950, N o . 472, 23 M a y 1950, p p . 99 et seq.
Ibid., 1950, N o . 486, p p . 91 et seq.
4
Sblrka zákonü republiky
Ceskoslovenské, N o . 40, 18 J u l y .
5
Národnl shromáídínl
republiky Ceskoslovenské, 1950, N o . 471, 23 M a y 1950, p p . 45 et seq.
'Ibid.,
1950, N o . 484, p p . 29 et seq.
7
Sbierka nariadenl Slovenskej národnej rady, 1945, p p . 163-165.
"Ibid., 1946, p p . 127-136.
8
Sblrka zákonü republiky Ceskoslovenské, N o . 40, 17 Oct. 1945, p p . 157-161 ; I.L.O. : Legislative
Series, 1945—Cz. 2.
10
Sblrka zákonü repubUky Ceskoslovenské, N o . 93, 17 N o v . 1948.
11
Národnl shromáldénl republiky Ceskoslovenské, 1948, N o . 109, p p . 4-5.
12
Sblrka zákonü republiky Ceskoslovenské, N o . 52, 28 Dec. 1951.
a
Národnl shromáídínl republiky Ceskoslovenské, 1951, N o . 595, p p . 7-12.
14
Sblrka zákonü republiky Ceskoslovenské, N o . 90, 2 N o v . 1948.
15
Ibid., N o . 5 1 , 27 Deo. 1951.
u
lbid„
N o . 56, 31 Deo. 1951.
17
CZECHOSLOVAKIA, Ministry of Information a n d Publio Culture : The First Czechoslovak
Economie
Five-Year Plan (Prague, 1948), p p . 7-22.
2

APPENDIX H I : CZECHOSLOVAKIA

225

liberty ; (c) on persons n o t sentenced t o deprivation of liberty ; (d) b y administrative procedure.
(4) The rights of the defence.
(5) Labour reserves a n d restrictions on t h e freedom of employment.
These points are examined below.
The Aim

of Penal

Law

* 32. Section 1 of Act No. 86 of 1950 (the Penal Code) s t a t e s —
The Penal Code protects the People's Democratic Republic, its socialist construction,
the interests of the working people and of the individual ; it also teaches observance
of the rules of socialist communal life. I n order to achieve these ends, i t uses the threat
of punishment, the imposition and execution thereof, and protective measures.
Section 17 states t h a t t h e purposes of penalties are—
(a) to render enemies of the working people harmless ;
(b) to prevent offenders from committing further offences and to teach them to observe
the rules of socialist communal life ;
(c) to exercise an educational influence on other members of society.
T h e explanatory m e m o r a n d u m on t h e Penal Code comments o n this point a t
length. I t states—•
The Penal Code not only protects the revolutionary achievements of our workers
against members of the exploiting classes now deprived of their political power. I t is
also directed against greed, a lax attitude towards work . . . as well as the vestiges of
capitalist ideas in people's minds. . . .
The new Code is imbued with the spirit of socialist humanism. Hence the stress
it lays on the educational purpose of penal sanctions. . . . But precisely for this reason
it also falls with the utmost severity on those who are incorrigible enemies of the people
and the nation. . . .
Legal precepts express the will of the ruling class and protect and reinforce its
economic and political privileges.
B u t if it is true that every legal precept is an effective weapon of the ruling class
in its struggle to reinforce and strengthen its power, how much more is it true that
every penal law reflects, directly and with little concealment, the class character of the
State. . . .
[The new Penal Code] removes petty offences from the purview of the courts and
leaves them to be dealt with by administrative penal law. . . .
The period of people's democracy involves a particularly acute struggle against
the vestiges of capitalist society. . . . The new Penal Code expresses the political will of
the working masses, it expresses a new, socialist, legal order. . . . I t s punitive provisions
are aimed at those remnants of capitalist society which try to prevent the socialist construction of the People's Democratic State. . . .
Commenting more particularly o n Section 1, t h e explanatory m e m o r a n d u m
states—
Section 1 of the draft enumerates the social institutions and interests protected
by penal law. These are, more particularly, the People's Democratic Republic, its
socialist construction and the interests of the working people. . . .
However, the purpose of the Penal Code . . . is not only to punish those who b y
their acts injure or endanger the legal order of the people's democracy ; it also endeavours
to educate citizens in observing the rules of socialist society. . . .
15

226

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

* 33. Act No. 87 of 1950 (the Code of Judicial Criminal Procedure) provides
in Section 1, subsection 2, that " Proceedings must be so conducted as to teach
the citizens to be on guard against the enemies of the working people and others
who disturb their constructive efforts, and to discharge their civic duties ".
The explanatory memorandum on this Act also states that its purpose is to
enable the courts " to teach the workers to be on guard against their enemies ".
Commenting on Sections 1 to 6 of the Act, the explanatory memorandum
states—
In a capitalist society, criminal acts as a rule affected the interests of a small group
of capitalists who constituted the ruling class. In a people's democracy, however, the
interests of the State coincide with those of the workers and therefore any attack against
the popular democratic legal order affects the workers' interests also. . . . Thus, to
protect the constructive efforts of the workers, those who offend against the penal law
must be detected, particularly such elements as are hostile to the State. . . . Hence,
Section 1 of the draft provides that criminal prosecutions must be so conducted as to
disclose the actual methods used in subversive activities, to show their danger to society
and thereby to contribute to a greater watchfulness and vigilance among citizens.
* 34. Act No. 88 of 1950 (the Administrative Penal Code) states in Sections 1
and 2 that its purpose is to protect the People's Democratic Republic, its socialist
construction and the interests of the working people and of the individual. Only
acts which are not punishable under the Judicial Penal Code are to be prosecuted
as offences under the Administrative Penal Code.
The explanatory memorandum on this Act gives the following explanation of
its purposes :
In the struggle against the class enemy, not only judicial penal law, but also administrative penal law must be effective weapons in the service of the working class. . . . It
[administrative penal law] roust mobilise citizens for the struggle against all enemies
of our new social order. . . .
The explanatory memorandum stresses the " class nature " of administrative
penal law. The new Code is to provide " an effective weapon in the accentuated
class struggle . . . and a suitable instrument for the political education of citizens ".
Discussing Section 1 of the Act, the explanatory memorandum states—
This Section expresses the political purpose of the Administrative Penal Code,
namely, to protect the People's Democratic Republic . . . and to educate citizens to be
good members of the new society. . . . This introductory clause, designed as a fundamental rule of interpretation for the application of all the other provisions of the Administrative Penal Code, clearly expresses its class objective and its educational character.
Commenting on Section 12, subsection 3, the explanatory memorandum stresses
the point that the Act must enable the Administration " to inflict telling and effective penalties on those who are the real class enemies " ; if the offender intended
to " show hostility towards the people's democratic régime or the socialist construction of the Republic ", he may be sentenced to deprivation of liberty for not less
than three months and not more than two years. In such cases the sentence is
served in forced labour camps. The memorandum stresses the point that, judging
by past experience, " such camps play an important part in the re-education of
persons who, by their former anti-democratic convictions and actions, hinder the
socialist development of the Republic ".
I t is stated in the explanatory memorandum that the success achieved by this
kind of labour-educational work implies that the institution of forced labour camps

A P P E N D I X HC : CZECHOSLOVAKIA

227

should be used for the progressive execution of penalties of deprivation of liberty
imposed far offence« motivated by a hostile attitude towards the present social
order. This is why, the memorandum states, this institution has been firmly established in the Administrative Penal Code, Section 151 of which formally repeals the
Act concerning forced labour camps.
According to the memorandum, forced labour camps are to be used for those
" who have clearly shown by their administrative offence that they are hostile to
the present social order. In this respect, the actual offence committed is essentially
immaterial. " Also according to the memorandum, the most common type of
offence for which persons may be sent to forced labour camps to serve their sentences
is " deliberate evasion of work ", which is punishable under Section 72 of the Code.
* 35. Under the title " Purpose of the Act ", Section 1 of Act No. 89 of 1950
(the Code of Adrninistrative (Mrninal Procedure) states—
The purpose of the present Act is so to regulate administrative criminal procedure
that offences can be speedily and reliably investigated as well as justly punished, thereby
ensuring that the objectives of the Adnoinistrative Penal Code are reached and in particular that citizens are taught to discharge their duties in the building of socialism.
The explanatory memorandum on this Act explains why administrative
penalties may be imposed by people's committees and adds that these committees
will be able to use " the provisions of the Administrative Penal Code as an effective
weapon in the class struggle ". It also states that the Act stresses " the educational
character of the new administrative criminal procedure ", which endeavours to
instil into an offender " a new attitude towards society, to convince him of the
wrongness of his act and to set him on the path to reform ".
Penalties and their Execution
Penalties.
* 36. Section 17 of Act No. 86 of 1950 (the Penal Code) specifies the purposes
of penalties. Section 18 lists the penalties and Section 20 defines certain aggravating
circumstances.
The purposes of penalties (Section 17) have already been analysed. 1 It remains,
therefore, to be seen what penalties there are and what, in penal law, are considered
to be aggravating circumstances. Penalties may be either " principal " or " accessory ". Apart from the death penalty, the principal penalties are deprivation of
liberty and corrective measures. The accessory penalties include loss of nationality,
exclusion from the Army, confiscation of property, prohibition to exercise a specified
occupation, expulsion and prohibition of sojourn. Section 18 stipulates that accessory penalties are only to be inflicted in conjunction with a principal penalty.
Section 20 considers aggravating circumstances to exist if an offender " (a)
by a criminal act has shown himself to be hostile to the people's democratic regime ;
(b) by a criminal act has endangered the political, military or economic interests
of the Republic ".
These penalties are discussed in the explanatory memorandum on the Act.
Some extracts from this document have been reproduced 1 , and it may suffice to
quote the following passage :
. . . the draft provides that a person who, by his act, has shown that he is hostile
to the people's democratic régime and on whom even the completion of his sentence
1

See above, paragraphs 32-35.

228

BEPORT OF THE AD HOC COMMITTEE ON FOBCED LABOUB

has failed to produce the educational effect intended, may be committed to a forced
labour camp.
* 37. Section 11 of Act No. 88 of 1950 (the Administrative Penal Code) contains
a list of penalties which, as in the case of the Penal Code, may be either principal
or accessory.
Section 12 deals with aggravating circumstances in the case of offences punishable under the Administrative Penal Code. According to subsection 2, if there are
aggravating circumstances, a fine and deprivation of liberty, may be imposed
concurrently, even if this is not specifically provided for in the Special Provisions of
the Code ; according to subsection 3, if the offence showed, or was intended to show,
" a hostile attitude towards the people's democratic régime or the socialist development of the Republic, a penalty of deprivation of liberty for not less than three
months and not more than two years may be imposed on the offender ". The sentence of deprivation of liberty, according to the same subsection, is served " in a
forced labour camp ".
Commenting on Section 12, subsection 2, of the Administrative Penal Code,
the explanatory memorandum states—
The provision of the Code whereby a penalty of deprivation of liberty may be
imposed concurrently with a fine, even when not so specified in the Special Provisions
of the Code, is aimed primarily at class enemies.
The memorandum also stresses the point, with regard to Section 12, subsection 3,
that the primary purpose of the Administrative Penal Code is " to consolidate and
extend the victory of the working class ". It follows that the Code must be an
instrument enabling the administrative authorities to " inflict telling and effective
penalties on those who are the real class enemies ". This is why persons who " have
shown themselves to be hostile to the people's democratic régime " are to serve
their sentences of deprivation of liberty in forced labour camps. It is also stated
that detention in forced labour camps is intended only for " those who are the real
enemies of the working class. . . . Past experience with forced labour camps has
made it clear that hostility towards the people's democratic régime shows itself
generally in a permanently negative attitude towards constructive work. "
38. According to Section 7 of Act No. 89 of 1950 (the Code of Administrative
Criminal Procedure) offences committed under the Administrative Penal Code are
dealt with " in the first instance by district people's committees ". The Section
also states that the Government is to define by Decree the offences to be dealt with
in the first instance by " local people's committees ".
Execution of Penalties.
39. Section 32 of Act No. 86 of 1950 (the Penal Code) states—
A penalty of deprivation of liberty shall be executed in a penal establishment, a
judicial prison or a labour unit or, in the case of members of the armed forces on active
service, in a disciplinary unit of the armed forces. Prisoners shall be given useful work
so that, on discharge, they may reintegrate themselves in the workers' community.
According to Section 36, entitled " Committal to Forced Labour Camps "—
1. Any person who, by his offence, has shown hostility to the people's democratic
régime, and has failed, by his work and conduct while serving his sentence, to show
an improvement such as to justify the hope that his future behaviour will be satisfactory

APPENDIX m : CZECHOSLOVAKIA

229

and befitting a good worker, may be committed to a forced labour camp for not less
than Lîireo months and not more than two years after completing his full »BIIUUJ.ÚÓ ùf
temporary deprivation of liberty.
2. Persons under 18 years of age may not be committed to a forced labour camp.
In commenting on Section 36 the explanatory memorandum states that
deprivation of liberty, while still the most important penalty, is no longer intended
to exclude the offender from the social community ; on the contrary, " collective
labour on a productive task, combined with a sense of personal usefulness and a
change of environment ", should reform the offender. Moreover, the comment
adds, if his conduct and attitude to work show that there is some improvement, he
may be conditionally released after half his sentence has been served.
40. Section 280 of Act No. 87 of 1950 (the Code of Judicial (Mmirial Procedure)
contains provisions governing the " application of corrective measures ". Subsection 1 of this Section deals with corrective measures which do not require the
convicted person to change his employment. In this case, the employer is informed
of the court's decision and of the conditions governing the execution of the penalty.
According to subsection 2, however, the court may also require the offender to
change his employment and new work is then assigned to him by the district people's
committee in accordance with the court's decision. According to subsection 3, the
employer must immediately inform the Public Prosecutor of any circumstances
" rendering it necessary for corrective measures or any remaining part thereof to
be replaced by the penalty of deprivation of liberty ".
41. According to Section 20 of Act No. 88 of 1950 (the Administrative Penal
Code), if a fine cannot be recovered, the people's committee is to impose a penalty
of deprivation of liberty in substitution, which must not exceed the maximum term
provided for the offence. Under subsection 3, " i f fine is imposed concurrently with
a penalty of deprivation of liberty to be served in a forced labour camp, the penalty
substituted and the penalty of deprivation of liberty may not exceed two years
in all ".
42. According to Section 85 of Act No. 89 of 1950 (the Code of Administrative
Criminal Procedure)—
. . . the Ministry of National Security, in collaboration with the Ministry of the Interior,
shall issue detailed Ordinances governing sentences of deprivation of liberty to be served
in administrative prisons and forced labour camps and shall define 'which persons may
not be committed to such camps.
Forced Labour
Forced Labour Imposed on Persons Sentenced to Deprivation of Liberty.
43. Section 32 of Act No. 86 of 1950 (the Penal Code) states in subsection 1
that " Prisoners must be given useful work so that on discharge they may reintegrate themselves in the workers' community ".
The Section does not refer specifically to forced labour camps ; they are,
however, mentioned in the passage quoted from Section 36. 1
Section 48 enables a court to impose fines " concurrently with a sentence of
deprivation of liberty . . . particularly when the offender by his offence has shown
himself to be hostile to the people's democratic regime . . . " .
1

See above, paragraph 39.

230

BEPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOUB

44. As already mentioned 1 , Section 12 of Act No. 88 of 1950 (the Administrative
Penal Code) lays down in subsection 3 that, if the offence was committed in such a
way as to demonstrate a hostile attitude towards the people's democratic regime,
a sentence of deprivation of liberty ranging from three months to two years may
be imposed. At the same time, the offender may be sentenced to a fine " not exceeding twice the sum specified for the offence in the Special Provisions [of the Code] ".
The sentence of deprivation of liberty and any additional sentence of the same kind
imposed in substitution for a fine held to be irrecoverable are in such cases to be
served in a forced labour camp.
The Special Provisions mentioned in Section 12 deal, inter alia, with the
protection, of the national economy. They provide for fines to be imposed on persons
who endanger " the development of the national economy " (Section 33), " the
nationalisation of enterprises " (Section 34) and " the preparation, drafting,
operation, execution or control of the unified economic plan" (Section 39). According to Section 39, fines for endangering or disturbing the preparation, drafting,
operation, execution or control of the unified economic plan may be imposed more
particularly on—
. . . any person who, being a private entrepreneur or a person responsible for the
management of a private business, (a) fails to adjust his economic activities or the
economic activities of the private business to the unified economic plan ; (b) fails to
discharge properly the duties devolving upon him in the execution of the unified economic plan ; (c) fails to submit, within the appointed time, correct and truthful reports,
as required for the purposes of the unified economic plan.
45. The explanatory memorandum on Act No. 88 of 1950 comments on the
Special Provisions in the following terms :
The Special Provisions of the Act define the essential features of the acts which
may give rise to prosecution as offences within the meaning of the Act. . . . These défini tions are made as flexible as possible so that they may at all times be adapted to the
rapidly changing requirements of a people's democracy.
46. Section 85 of Act No. 89 of 1950 (the Code of Administrative Criminal
Procedure) is the opening Section of Chapter VIII, entitled " Executive Measures ":
As already mentioned 2 , this Section deals with the execution of sentences. It
empowers the Minister of National Security, in collaboration with the Minister of
the Interior, to issue Ordinances governing, inter alia, the execution of sentences in
forced labour camps.
Forced Labour Imposed on Persons after Completion of their Terms of Deprivation
of Liberty.
* 47. I t may be recalled that Section 36 of Act No. 86 of 1950 (the Penal Code)
states that, in certain circumstances, persons having completed a term of deprivation of liberty may be committed to a forced labour camp for not less than three
months and not more than two years.3
The explanatory memorandum on this Act states that it is impossible to foresee
the effect which a sentence will have on an offender. If he shows improvement he
may be conditionally released ; on the other hand, if, when he has served his sen1
2
3

See above, paragraph 37.
See above, paragraph 42.
See above, paragraph 39.

231

APPENDIX n i : CZECHOSLOVAKIA

tence, t h e educational effect intended has not apparently been achieved, he m a y be
committed t o a forced labour camp.
* 48. Section 279 of Act No. 87 of 1950 (the Code of Judicial Criminal Procedure)
deals with committal t o forced labour camps. I t reads as follows :
(1) The Conditional Release Board attached to the regional court in whose jurisdiction the convicted person is serving a sentence of deprivation of liberty shall, a t
the request of the Regional Prosecutor, decide whether the convicted person, after
serving the sentence of deprivation of liberty, should be committed to a forced labour
camp.
(2) If the Regional Prosecutor so requests within three days of being notified
of the Conditional Release Board's decision, the Board shall refer the case for examination
to the Minister of Justice, whose ruling shall be final.
(3) Decisions under (1) and (2) above must be taken before the penalty of deprivation of liberty is completed.
The explanatory memorandum on Act No. 87 of 1950 makes no specific comment
on these provisions. I t simply states t h a t " where the execution of t h e penalty itself
has failed to reform the convicted person ", he may, " after serving t h e sentence,
be committed to a forced labour camp, provided the legal conditions are fulfilled " .
However, as the explanatory memorandum states, a n d as is also clear from the t e x t
of Section 279, t h e decision a s t o whether these legal conditions are fulfilled in a
specific case lies with the Boards a n d t h e Minister of Justice.
Forced Labour Imposed on Persons not Sentenced to Deprivation

Liberty.

49. Under t h e heading " Corrective Measures ", Sections 37 a n d 38 of Act
No. 86 of 1950 (the Penal Code) make provision for corrective labour n o t entailing
the committal of an offender t o a forced labour camp. The relevant passages read
as follows :
I n the case of an offender whose behaviour has in other respects been satisfactory
and befitting a good worker, the court m a y commute a penalty of deprivation of liberty
for a term not exceeding three months to a corrective measure lasting not less than
one or not more than six months . . . [Section 37, subsection 1]
The offender shall be free while the corrective measure is applied. I t shall consist
in the offender being compelled, for the specified period, to carry out work assigned
to him at a reduced wage and without certain advantages arising from the labour relationship. [Section 38]
Commenting upon these provisions, the explanatory m e m o r a n d u m on Act
No. 86 of 1950 s t a t e s Short-term sentences of deprivation of liberty have not justified themselves in
the case of workers. . . . For this reason, the draft Code replaces the penalty of shortterm deprivation of liberty by a new penalty—corrective measures—which may only
be applied to workers.
50. Act No. 87 of 1950 (the Code of Judicial Criminal Procedure) deals with
the application of corrective measures in Section 280.
Forced Labour Imposed

by Administrative

Procedure.

51. The following is a n historical survey of the legislative measures t a k e n in
this connection in Czechoslovakia.

232

BEPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

On 23 August 1945, the Slovak National Council issued an Ordinance, No. 105/
1945, which was to remain in force for two years from 1 May 1945. This was later
supplemented by an Executive Order, No. 89/1946, dated 14 June 1946. This
Ordinance instituted labour camps where persons could be detained by order of the
Commissar of Internal Affairs if they had been convicted of pro-nazi or anti-Allied
activities, endangered the reconstruction of the State in a popular-democratic spirit,
were a menace to public safety, hampered the reconstruction of the national economy, spoke against the State, lived an idle life or refused to comply with the
general obligation to work. Persons placed in these camps had to do work of use
to the community, for which they were paid, and could be placed at the disposal of
contractors or undertakings. The maximum period of detention was two years,
except in the case of persons leading an idle life, who could be detained for an
unlimited period.
By a Presidential Decree No. 88 of 1 October 1945 the Czechoslovak Government introduced " compulsory labour service ". According to Section 1 of this
Decree, men between the ages of 16 and 55 years and women between the ages of
18 and 45 years could be directed to perform work " which, for important reasons of
public interest, must be executed without delay ".
According to Section 4 (2) : " Direction to the labour service may be for a period
not exceeding one year ; this period may be extended only in cases of emergency
and in any case for not more than six months ".
According to Section 6 appeals against a direction order could be lodged with
the competent District Labour Office. According to Section 23 any act or omission
violating the Decree or the regulations governing its application were punishable
with fines or a term of imprisonment not exceeding one year, or both.
The Decree was repealed by Act No. 247 of 25 October 1948.
52. Act No. 247 of 1948 enabled the Government to commit to forced labour
camps persons between 18 and 60 years of age " who shirk work, threaten the
building up of the people's democratic régime or endanger the national economy "
(Section 2, subsection 1 (a), a n d " persons duly convicted of any of the offences
listed in Act No. 231 of 6 October 1948 on the defence of the People's Democratic
Republic " and a number of other Acts passed in 1946 and 1947 (Section 2, subsection 1 (b)). The object of the Act, as defined in Section 1, was to teach the
persons listed in Section 2 that work is a necessary civic duty, " in order that their
labour capacity may be utilised for the common good ", for which purpose they
could be committed to a forced labour camp.
According to Section 2, subsection 2, a sentence exceeding three months for
offences under administrative law was to be served in a forced labour camp.
Section 3 stated—•
Commissions of three, whose members and deputy members are to be appointed by
the Regional People's Committees, shall decide, in the cases mentioned in Section 2(1) (a),
upon sending persons to a camp and their period of detention therein and, in the cases
mentioned in Section 2(1) (b), upon their period of detention.
According to Section 5, appeals against the decisions of such a commission
did not entail a stay of execution.
Other provisions of the Act referred to the pay of prisoners and " the moral,
vocational and cultural training " they were to receive. They also repealed earlier
legislation such as the Ordinance on the establishment of labour formations, issued
by the Slovak National Council on 23 March 1948.
53. The United Kingdom Government submitted " Extracts from Regulations
of the Ministry of the Interior for the Commissions set up under Section 3, sub-

APPENDIX m

: CZECHOSLOVAKIA

233

section 1, of Act No. 247 of 1948 concerning forced labour camps ' '. This t e x t contains
instructions concerning, inter alia, the issue of t h e order committing a person t o a
camp, appeals against such orders a n d t h e regulations t o be applied in labour camps.
A copy of t h e form t o be used in ordering t h e committal of a person t o a forced labour
camp was also submitted.
54. Section 151 of Act No. 88 of 1950 (the Administrative P e n a l Code) deals
with t h e " repeal of provisions concerning penitentiaries and forced labour camps " ,
inter alia, the Section repeals Act No. 247 of 1948.
55. Several provisions concerning the committal of persons t o forced labour
camps b y administrative procedure are contained in Act No. 89 of 1950 (the Code
of Administrative Criminal Procedure).
Section 1 of t h e Act defines its purpose a n d states t h a t i t is more particularly
intended to ensure " t h a t citizens are t a u g h t t o discharge their duties i n t h e building
of socialism " . Subsection 2 adds t h a t " this task shall be performed b y t h e people's
committees in close collaboration with t h e working population, whose co-operation
in investigating offences will contribute t o t h e defence of socialist construction " .
Section 7 provides for offences to be dealt with in t h e first instance b y " district
people's committees " a n d states t h a t t h e Government is t o define which offences
are t o be dealt with b y " local people's committees " .
Section 44 empowers the people's committees t o substitute w r i t t e n for oral
proceedings.
Section 67 governs t h e suspensory effect of appeals against t h e decisions of
people's committees. I t reads as follows :
(1) Except as is otherwise provided in the present Act, an appeal lodged within
the time limit shall have suspensive effect.
(2) In its decision, the people's committee may deprive the appeal of its suspensive effect if the immediate execution of the decision is necessary owing to there being
any danger in delay or other urgent circumstances. The appeal may not, however, be
deprived of its suspensive effect in the case of decisions ordering deprivation of liberty,
public censure, prohibition of residence or the publication of the findings.
(3) No appeal shall lie against a decision by which an appeal is deprived of its
suspensive effect under subsection (2).
Section 85, already q u o t e d 1 , deals with t h e execution of sentences a n d with
the issue of Ordinances governing sentences of deprivation of liberty i n forced labour
camps. Section 90 establishes " penal commissions of three . . . within t h e people's
committees t o adjudicate on major misdemeanours " . The competence of such
penal commissions is t o be determined b y Ordinances t o be issued b y t h e Ministry
of the Interior in agreement with the central authorities concerned.
56. The explanatory memorandum on Act No. 89 of 1950 comments a t some
length on these provisions. I t states t h a t the Administrative Penal Code is t o be so
formulated as to become, in the present period of accentuated class struggle, " a n
effective weapon of t h e dominant working class, a n instrument for t h e relentless
suppression of the r e m n a n t s of capitalist reactionary elements in t h e c o u n t r y . . . ".
The explanatory memorandum claims t h a t t h e new Code simplifies procedure
in criminal cases and, by so doing—
. . . lightens the task of the workers' representatives in the people's committees and
enables them to use the new procedural principles for the flexible and speedy investigation and just punishment of offences . . . .
1

See above, paragraph 42.

234-

REPORT OF T H E A D HOC COMMITTEE O N FORCED LABOUR

Since the people's committees will be empowered to impose very heavy penalties,
a commission of three must be set up within each people's committee to deal with
major misdemeanours.
T h e m e m o r a n d u m states t h a t t h e competence of t h e various bodies concerned
is t o be defined b y executive regulations. I t further stresses " t h e educational
character of administrative criminal procedure " .
Rights of the Defence
57. The following extracts from Act No. 114 of 1951 concerning t h e profession
of advocate (advokacie)
were considered in connection with the rights of the
defence :
Section 1 : Advocates shall provide legal assistance to socialist bodies corporate,
other social organisations, the organs of State administration and citizens, they shall
defend their interests in accordance with the principle of material truth and the interests of society and shall thus contribute towards the consolidation of socialist legality.
Section 13 : The profession of advocate m a y be exercised only by persons whose
conduct as citizens has been irreproachable [and] who are devoted to the people's
democratic régime. . . .
Section 17: 1. An advocate shall be bound to secrecy concerning any matter
which has been entrusted t o him, in so far as his client has not released him from this
obligation. H e shall not b e obliged to disclose such matters to a court or an organ of
the State administration unless the Minister of Justice has released him from his obligation t o observe secrecy on the grounds of important State interests. An advocate
m a y not invoke the obligation of secrecy if, under Section 165, subsection 2, of the
Penal Code, he is required to give information on an offence with which his testimony
is supposed to be connected.
2. The other members of an advocates' working collective are similarly bound
to secrecy.
The explanatory m e m o r a n d u m on Act No. 114 of 1951 contains the following
passages :
The profession of advocate must be reorganised if it is to perform its tasks in
harmony with the rules of socialist communal life, if it is to contribute successfully to
the consolidation of the people's democratic régime and the new legal system with which
our people has provided itself, and if it is to buttress socialist legality. . . .
I n these circumstances, a new regulation is urgently needed to reorganise the
profession of advocate from its very foundations. . . .
The following are the most important principles underlying the proposed new
regulation :
1. The profession m a y be practised only by advocates who are members of an
advocates' bureau. The private practice of the profession is abolished.
2. The right to choose an advocate is maintained.
3. An advocates' bureau is a working collective which performs the task of providing legal assistance. . . .
Labour

Reserves and Restrictions

on Freedom of

Employment

* 5 8 . Section 22 of A c t N o . 241 of 1948 concerning t h e first Five-Year Economic
P l a n for the development of t h e Czechoslovak Republic states— .

APPENDIX HI : CZECHOSLOVAKIA

235

Increase in the Labour Force.
(1) All Czechoslovak citizens shall contribute equally to the implementation of
the targets of the Five-Year Plan. The volume of manpower used in undertakings and
institutions shall nowhere exceed the essential nñnimum, it shall be suitably distributed
and working hours shall be used to the fullest extent.
(2) To reach the production targets of the Five-Year Plan, the volume of manpower
employed by the national economy shall be increased on average by 5.6 per cent, as
compared with 1948, the number of persons employed in industry being increased by
18.5 per cent, and the number of persons employed in the building industry by
50 per cent.
(3) New labour shall be secured, more especially—
(a)
( b)
(c)
(d)
(e)
(f)

by the planned placement of young people ;
by increasing the number of women in active employment ;
by placing persons not previously employed ;
by encouraging re-immigration ;
by placing persons with reduced working capacity ;
by utilising the manpower available in underdeveloped areas of the country
where opportunities for work will be provided ;
(g) by utilising redundant or otherwise superfluous labour for the tasks of the FiveYear Plan.
(4) The training of young people shall, inter alia, be organised by new, progressive
methods ; in particular, the number of specialised training centres shall be increased,
as one means of creating reserves of labour.
* 59. W i t h reference to the allegations which were made t o the effect t h a t even
persons n o t interned in forced labour camps are n o longer free t o choose their
employment a n d t h a t the Czechoslovak population is compulsorily mobilised t o
help carry out t h e unified economic plan, extracts from Act No. 110 of 1951
concerning national labour reserves are quoted or summarised below.
Section 1, defining the purpose of t h e Act, states—•
The planned development of our economy and, in particular, of our industry,
requires a constant influx of new manpower into the mines, steel mills and other important branches of our economy. As unemployment and rural poverty have disappeared
from our country, and we cannot rely on manpower flowing voluntarily into our undertakings, new workers must be trained systematically from among the ranks of our
youth to form the necessary manpower reserves.
Section 3 governs t h e establishment of vocational institutions a n d industrial
training schools. According t o subsection 4 of this Section t h e Ministry of Labour
is t o " . . . choose candidates for these schools a n d place graduates according t o the
unified economic p l a n " .
According to Section 4, subsection 2, students are t o b e maintained b y the
S t a t e while under training, a n d according to subsection 3 graduates are t o be
" required t o work in undertakings designated b y t h e Ministry of Labour for a
period of not less t h a n three a n d n o t more t h a n five years, as the Ministry m a y
direct " . Subsection 4 states t h a t industrial enterprises m u s t give employment t o
such graduates a n d help t h e m " t o raise their technical a n d cultural level " .
* 6 0 . Section 1 of Decree No. 128 of 1951 on t h e organisation of labour
recruitment states t h a t " manpower must be secured b y recruitment ", t o be
conducted b y the Ministry of Labour through t h e people's committees a n d under-

236

BEPOBT OF THE A» HOC COMMITTEE ON FOBCED LABOUR

takings. This recruitment aims at " ensuring the fulfilment of increasing economic
tasks ".
Section 3, subsection 1, states that the organised recruitment of manpower
" shall be conducted according to the requirements of the unified economic plan
under a systematic manpower recruitment programme to be drawn up by the
State Planning Board and approved by the Government ". Subsection 2 provides
for the regional people's committees to draw up lists showing the number of rural
and urban workers to be obtained by organised recruitment in each district, and
for the district people's committees to do so for each commune.
According to Section 4, it is the task of the Ministry of Labour and of the
people's committees to make workers aware of the political and economic importance of organised recruitment. The people's committees are to recruit workers
" by direct contact and persuasion in the communes and undertakings ", acting
in agreement with the management of the enterprise concerned.
* 61. Prime Minister Zapotocky, speaking on the draft of the first Czechoslovak
Five-Year Economic Plan a t a plenary session of the National Assembly on
7 October 1948 stated that—
»
The prime task of the Five-Year Plan will be the widest mobilisation of labour
and the raising of the productivity of labour. . . .
This is no punishment, no force nor terror, but the free democratic right, of a
State which guarantees the right to work to demand unconditionally the fulfilment of
the duty to work from each and every citizen.

Additional Material
Addition to Paragraphs 32 to 35.
Comments on the tasks and objectives of justice in Czechslovakia are contained
in an explanatory memorandum 1 submitted to the National Assembly in October
1952 together with the draft of a Constitutional Act on the judiciary and the public
prosecutor's office. The following passages are taken from the memorandum :
I. The proposed reorganisation of the judiciary and the rebuilding of the present
public prosecutor's office into an office of a new type is directly connected with the
nature and class basis of our people's democratic State....
(1) In the first place, our public prosecutor's office and the courts must become a
strong weapon against all attacks by the class enemy, from within and without. The
great successes which have been achieved in all sectors of socialist construction are
bound to entail stronger resistance on the part of the class enemy, who is trying at any
price to prevent, or at least slow down, our peaceful reconstruction and the resultant
increase in the power, security and defensibility of our country. Our determined,
tincompromising struggle against the class enemy and all his helpers necessarily requires
our judicial apparatus to be so organised—while ensuring unity of action—as to ensure
smooth operation and rapid action, based at the same time on a knowledge of political
needs and local circumstances.
(2) The tasks involved in the building of socialism in our country and in the
reconstruction of our society make it essential for the millions of the working masses
1
Ndrodni ahromaïdënl republiky Ceskodovenské, 1952, No. 630, pp. 2-4. The draft textjpresented
with this explanatory memorandum was passed on 30 Oct. 1952 and published in Sbirka záhonü republiky
Ceakoslovensii, No. 35, 18 Nov. 1952.

APPENDIX DI : CZECHOSLOVAKIA

237

to be mobilised for their conscientious execution. This is closely connected with the
peed for «• constantly intensified development in the education and rft-ftdnrcation of
the workers in a spirit of socialism, proletarian internationalism and socialist patriotism.
An important part in this education and re-education is also played by the educational-political activity of the courts, which must develop more intensively and become
wider and deeper in scope.
Capitalist society and its education have left a deep impression on the people. The
remnants of capitalism in people's minds are one of the basic causes of many of our
difficulties in building socialism. They are the source of the wrong attitude adopted by
many people towards socialist property, their lack of conscientiousness in their attitude
to work—which is more particularly manifested in their failure to comply with labour
discipline, in absenteeism, and in the fluidity of labour—and also of their incorrect
relationship to the rules of life in a socialist community. Survivals of capitalism are
also the source of many criminal acts which hamper the development of our economy.
The class enemy therefore takes advantage of them for his subversive criminal purposes.
These phenomena must be fought, and the courts and the public prosecutor's
office must stand in the front line of the struggle, the effectiveness of which must be
organised and properly assured.
The present organisation and substance of the activities of the public prosecutor's
office are no longer sufficient to enable the public prosecutor to carry out successfully
all the important and urgent tasks arising a t the present time. The successful struggle
against the class enemy, the struggle to strengthen our labour discipline, State discipline
and socialist legality, the exercise of extensive educational-political activities by the
public prosecutor's office in an effort to educate a new socialist man, necessarily require
this functional and fundamental change in the present structure of the public prosecutor's office as well as a broadening of its functions.
To this end, we must model ourselves on the famous tradition of the Soviet public
prosecutor's office, which has gone a long way during the development of the victorious
building of socialism in the Soviet Union.
Addition

to Paragraphs

36, 37 and 47.

An Act No. 67 of 30 October 1952 t o amend and supplement the Code of Judicial
Criminal Procedure 1 renamed t h e forced labour camps, which are in future t o be
referred t o as " transitional institutions " . The Act also made these institutions
subordinate to the Ministry of National Security, together with t h e other institutions
in which sentences of deprivation of liberty a n d imprisonment are served.
Section I I I of this Act lays down—
(1) Sentences of deprivation of liberty and imprisonment shall be executed in the
institutions of the Ministry of National Security ; in the case of a soldier on active
service, a sentence of deprivation of liberty may also be carried out in a military disciplinary unit.
(2) The Minister of National Security, in agreement with the Public Prosecutor General, shall issue provisions governing the execution of sentences in the institutions
of the Ministry of National Security ; provisions governing the execution of sentences in
military disciplinary units shall be issued by the Minister of National Defence in
agreement with the Public Prosecutor-General.
(3) Where reference is made to forced labour camps in the Code of Judicial
Criminal Procedure or the Penal Code, it shall be taken to mean the transitional institutions of the Ministry of National Security.
1

Sbirka zákonü republihj Ceskoslovenskê, No. 35, 18 Nov. 1952.

238

BEPOET OE THE AD HOC COMMITTEE ON EOKCED LABOUB

The explanatory m e m o r a n d u m 1 with which t h e draft of the new Act was subm i t t e d to t h e National Assembly explained this reform in t h e following terms :
The forced labour camps have today quite a different purpose from the one they
had a t the time they were established. Today, the forced labour camps admit, firstly,
persons who, by their offences, have shown hostility to the people's democratic régime
of the Republic and who, by their work and conduct while serving their sentences, do
not justify the hope t h a t their future behaviour will be satisfactory and befitting a
good worker (Section 36 of the Penal Code) and, secondly, persons punished by the
people's committees (Section 12 of the Administrative Penal Code).
The forced labour camps—like the institutions in which sentences of deprivation
of liberty are served—should educate the persons sent to them to do collective work
of use to all, and so ensure that they are re-educated to a positive attitude towards the
social order of the Republic. I t is therefore useful to incorporate these institutions
among those in which penalties are executed to form a single unified system. Since the
purpose of these transitional institutions is to prepare the persons committed to them
for their transition to work done a t liberty, the forced labour camps will be renamed
transitional institutions. I n the transitional institutions will be carried out, firstly, such
measures as have u p to now been taken on the basis of court sentences or the decision
of a conditional release board ; in addition, these institutions will be used for the execution of the remainder of a n y sentence of deprivation of liberty to be served by convicted
persons who otherwise fulfil the requirements for conditional release (particularly as
far as their positive attitude to work and orderly behaviour are concerned) but who
cannot be granted their conditional release because it might be regarded with disfavour
in the milieu to which they would return. I n the transitional institutions, they will be
prepared for life and work a t liberty through properly selected work and discipline,
corresponding to the purpose of the institution.
Addition

to Paragraph

48.

The Act of 30 October 1952 amended Sections 278 a n d 279 of t h e Code of Judical
Criminal Procedure (Act N o . 87 of 12 J u l y 1950) and also added a new Section 219(a).
These new provisions r e a d —
Section 278
(1) Decisions concerning conditional release, the placement of a convicted
person in a transitional institution (Section 279) and the committal of a convicted
person to such an institution after he has served his sentence (Section 36 of the
Penal Code) shall be taken by the Conditional Release Board in whose district- the
convicted person is serving or has served his sentence of deprivation of liberty.
(2) The Conditional Release Board shall be attached to the regional court ; it
shall consist of a judge appointed b y the Minister of Justice, who acts as president,
and two people's judges.
Section 279
A convicted person who otherwise fulfils the requirements for conditional
release may be placed for the remainder of his sentence in a transitional institution,
if his conditional release would be contrary to the purpose of the punishment ; this
measure may be revoked if the behaviour of the convicted person gives grounds
for doing so.
Section 279 (a)
(1) The Conditional Release Board shall decide on the proposals of the
Regional Prosecutor b y a majority vote.
1

Národni shromáidéní republiky CesTcoalovenshé, 1952, No. 629, pp. 18-19.

APPENDIX III : FRANCE

239

(2) If the Regional Prosecutor so requests, the Board shall refer the case
for an examination of its decision to the Minister of Justice, whose ruling shall be
final ; he m a y change the decision of the Board to the disadvantage of the convicted
person only if the Regional Prosecutor has requested the referral of the case to the
Minister of Justice within three days of being notified of the Board's decision.
(3) The decision as to whether the convicted person, after having served his
sentence, should be committed to a transitional institution, must be taken before
the penalty of deprivation of liberty has been completed.
Addition

to Paragraphs

S8 to 61.

A governmental Ordinance dated 19 August 1952 on the placement of skilled
workers 1 authorises central departments to transfer skilled workers from one undertaking to another (Sections 2 a n d 3), since, as is s t a t e d in section 1, " for socialist
construction t o be carried through successfully, it is essential for k e y undertakings,
a n d particularly new undertakings a n d those introducing new production methods,
t o be provided with a sufficient number of skilled workers ". Workers so transferred are required t o work in t h e undertaking t o which t h e y are assigned for a
m a x i m u m of three years under a new contract of employment which t a k e s the place
of their previous contract (Section 5). Undertakings m u s t employ the workers
assigned t o t h e m according t o their abilities and m u s t grant them t h e same benefits
as other workers entering employment (Section 6). Workers a n d heads of undertakings contravening t h e provisions of this Ordinance are liable t o the penalties
laid down in t h e Administrative Penal Code, in so far as the offence does not involve
the infliction of some heavier punishment (Section 8).

TERRITORIES ADMINISTERED BY OR ASSOCIATED W I T H FRANCE
Summary of Allegations, of Replies to Allegations and of the Material Available
to the Committee
I.

ALLEGATIONS

1. The allegations made in the Economic a n d Social Council were concerned
either with the French overseas territories in general or, more specifically, with the
Cameroons, French Equatorial Africa, French West Africa and Indo-China.
2. These allegations related t o —
(a) forced labour in general, which, although legally abolished, was allegedly
still e x t a n t ;
(b) the use of men from t h e second portion of t h e military contingent for
public works in French West Africa ;
(c) the creation of a pioneer corps for public works in French Equatorial
Africa ;
(d) the imprisonment of vagabonds in forced labour camps on the basis of
a wide interpretation of the word " vagrancy " (the Cameroons and Indo-China) ;
(e) forced labour for failure to p a y taxes (the Cameroons and Indo-China) ;
1

Sbirka zákoná republiky ¿eskoslovcnské, Xo. 25, 19 Sept. 1952.

240

BEFOBT Oí" THE AD HOC COMMITTEE ON FOBCED LABOTTB

(f) compulsory l a b o u r for Native chiefs in r e t u r n for permits t o b u y fire-arms
(French West Africa) ;
(g) t h e conscription of children from eight t o 12 years old for m a n u a l labour.
3. These allegations appear in s t a t e m e n t s recorded in the Council's proceedings
as follows :
(1) The representative of t h e Byelorussian

S.S.B.—

I n Indo-China and i n the French Cameroons, the Native population had to pay
exorbitant taxes ; failure t o pay them was punishable by imprisonment. Furthermore,
the French authorities were sending into forced labour camps persons picked up as
vagrants, and they h a d given the word " vagrancy " an unusually wide scope. 1
(2) The representative of t h e World Federation of Trade Unions

(W.F.T.U.)—

I n October 1948, t h e French Confederation of Labour (Confédération générale
du travail) had submitted a memorandum to the President of the Republic condemning
many abuses committed in the territories of the French Union. Mr. Diallo mentioned
the case of children from eight to 12 years old who had been conscripted for manual
labour in the Niger province.
Forced labour had been abolished in the French Union by the Law of 11 April 1946.
The Inspector-General for Labour in French Equatorial Africa had stated, however,
when submitting his report on legislation governing compulsory labour, t h a t no regulations had been made governing forced and compulsory labour in the territories of
French Equatorial Africa. That would mean not only t h a t the Law of 11 April 1946
had been strictly respected, b u t also t h a t it had not been necessary t o have recourse
to any of the exceptions t o the general provision in the international labour Convention
prohibiting forced labour. Such a statement, however, did not tally with the Government's intention t o regulate forced labour, neither did it correspond t o certain facts
which he brought to the attention of the Council. Thus, many cases of forced labour
had been reported in the Cameroons.
A labour code for application in the French African territories had been under
consideration for several years. That code was intended to replace the decree enforced
under the French Colonial Minister, Mr. Marius Moutet, a decree which had been arbitrarily suspended. The French Government was, however, delaying the enforcement
of a code which would represent an advance on the existing state of affairs. The final
draft prepared by the French Government prohibited forced labour completely in principle, but it provided for a whole series of exceptions and left the local administration
to decide when to make use of those exceptions. The draft code deals with prison labour,
military service and public works. Some of the clauses were rather strange, and it
might well be asked why the French Government did not apply the laws enforced in
the metropolitan country to the overseas territories. The African trade union organisations had protested against those clauses. The Minister of Overseas Territories
had replied t h a t the French Government was bound by international conventions and
he had referred to a 1930 report of the I.L.O. regulating forced labour. The 1946 French
Constitution, however, contained far more advantageous provisions. If the draft code
were applied and the exceptions contained in Article 2 of the code were retained, it
would be possible to impose forced labour even on children. Although Article 115 of
the draft specified t h a t children under the age of 14 could not be engaged for work,
it gave the chiefs of territories unlimited authority to prescribe exceptions. Such a
labour code would endanger not only the wage earners but also the whole rural population
of the overseas territories.
I n French West Africa, men from the second batch of the contingent of military
recruits were used for work of a public character. Certain young recruits were formed
1

p. 119.

UNITED NATIONS, Economic and Social Council, 8th Session, 238th meeting : Official Records,

APPENDIX i n : ESANCE

241

into labour units and used in the workyards. As forced labour had been abolished as
a matter of principle, tho administrative authorities obtained cheap manvml lebniT
from the military authorities, for those recruits, who were often victims of ill-treatment
and subject to rigid discipline, were paid 4.50 francs a day.
I t would be an even greater scandal were the men recruited and drafted in t h a t
way forced to work for private undertakings. Yet, the development plan for overseas
territories provided t h a t work could be entrusted to private concerns and it was therefore
a great temptation for the Administration to send men recruited in t h a t way to work
for private concerns.
The creation of the pioneer corps for French Equatorial Africa seemed to be a
first step in t h a t direction. An order signed on 16 March 1949, at Brazzaville, by the
acting Secretary-General, Mr. Pezet, in the absence of the High Commissioner, then on a
special mission, stated that, as from 1 February 1949, a pioneer corps composed of
indigenous volunteers would be formed in French Equatorial Africa to provide, in the
territories of the Federation, the necessary labour required for the programme of public
works or works of public interest laid down in the ten-year development plan. Nowhere
was it stated that work of public interest would not be entrusted to private concerns.
According to Article 9 the indigenous pioneers were recruited on a voluntary basis for two
years. They were subject to the same disciplinary rules as the local militia. I n particular,
they had to salute their chiefs, officials in uniform and officers and non-commissioned
officers of the army and the local militia. The creation of a para-military organisation
was a violation of the proposed labour code, as the order deprived the workers of the
safeguards they would be given under the code and made them subject to military law.
The cautious wording of the provision that the workers were to be volunteers could
not delude anyone. Not long since, circulars sent out by the Governor of the IvoryCoast had drawn a distinction between spontaneous volunteers, other volunteers and
those liable to statute-labour who paid a certain sum in lieu thereof. Such a system
was contrary to the French Constitution and to the international obligations which
that country had undertaken. 1
(3) The representative of t h e

U.S.S.R.—

Forced labour existed in disguised forms in French West Africa and French Equatorial Africa. I n spite of the provisions of the Act of 1946, compulsory labour service
persisted there with certain modifications. Thus, a recent Decree provided for the
establishment in Equatorial Africa of a voluntary Native pioneer corps to satisfy the
labour requirements for public works under the ten-year development plan. As the
officials who had been responsible for that measure had been quite aware that it was
contrary to the law, the Decree ordering the establishment of the pioneer corps had not
been published in the Journal officiel but had merely been communicated to the services
concerned. 2
(4) The representative of t h e W. F. T. Ü. —
Despite the Act of 1946 abolishing forced labour in the French Union, the report
of the Committee of Experts on the Application of Conventions and Recommendations
[submitted to the 33rd Session of the International Labour Conference] h a d confirmed
its continued existence in French colonial territories. Quoting a number of practices
involving the use of forced labour in French colonial territories in Africa, the W.F.T.U.
representative said that, according to Le Démocrate of 10 December 1950, anyone wishing
to buy fire-arms in the cantons of Lollo and Kale in French West Africa was obliged
to work for 7 to 10 days for the chief of the canton in addition to paying the purchase
price. 3
1
U N I T E D NATIONS, Economic and Social Council, 10th Session, 365th meeting : Official
p a r a g r a p h s 85-90.
2
Idem, 12th Sossion, 469th meeting : Official Records, p a r a g r a p h 24.
3
Idem, 470th meeting : Official Records, p a r a g r a p h 32.

Records

242

KEPOBT OF THE AB HOC COMMITTEE ON FORCED LABOUR

II.

REPLIES

BY THE E R E N C H REPRESENTATIVE
ECONOMIC AND SOCIAL COUNCIL

THE

4. In. t h e course of debates in the Economic a n d Social Council, t h e represent a t i v e of France (Mr. Boris) replied t o these allegations ; his replies are summarised
in t h e Council's proceedings as follows :
(a) France, the traditional champion of human rights, had an excellent and longstanding record in its legislation for the abolishment of slavery, and had been a signatory
to all international agreements in that connection, including the international labour
Convention of 1930.
The representative of France was particularly surprised a t the statement issued
by the World Federation of Trade Unions on 15 February 1949. That text failed to
take into account the fact that the reservation made by France at the time of ratification
of the 1930 Convention was very limited in scope and could in no way be said to make
the agreement inoperative. The French law now in effect provided for total abolition
of forced labour in France as well as in its colonies.
Referring t o the statement of the representative of the Byelorussian S.S.R. that
the Natives of Indo-China and the Cameroons were sent to forced labour for non-payment
of personal taxes, Mr. Boris quoted from document T/239 of 4 February 1949 which
certified t h a t the charge was untrue.
The conditions referred to in connection with vagabonds had also been eliminated
by law in 1945. 1
(b) .. . the representative of the W.F.T.U. has taken pains not to adhere to the
point of departure in answering the essential question : he was contenting himself with
the pursuit of the counter-attack.
Mr. Boris would, nevertheless, reply, for as a general principle, he never refused
a discussion. H e had all the less reason for refusing, moreover, since the discussion
could only throw those who had rashly hurled slanderous accusations into confusion.
Mr. Boris recalled t h a t a law, applicable both to France and to its overseas territories, enunciated the principle of an absolute ban on forced and compulsory labour.
I t also forbade, on threat of punishment, any coercion designed to keep anyone working
against his will. Consequently, forced and compulsory labour could not and did not
exist in the French Union.
Violations of the law obviously occurred in every society. B u t there were also
the courts, and nothing prevented those who felt that they had been wronged from
instituting legal proceedings against alleged offenders.
Furthermore, the French Assembly was currently examining a new draft labour
code. Article 2 of t h a t draft code stated t h a t forced labour was forbidden and that
any violation of the principle would be punishable by a fine and by a term of imprisonment. The W.F.T.U. representative had criticised some of the provisions of the draft
code, or rather the trends reflected therein, since the draft code had not yet become
law. The draft code would be discussed in detail, and every member could move amendments.
Violations of the law could of course be found. Such violations occurred in every
society and were more likely to do so in the case of recently enacted legislation. There
was nothing astonishing in the fact t h a t isolated cases could be cited—cases, moreover,
t h a t could not be checked—in which laws had been violated. That observation did not
a t all mean t h a t the facts alleged by the W.F.T.U. representative were correct. To
judge from those on which Mr. Boris had documentation, that was not the case.
The W.F.T.U. representative had, for instance, accused the High Commissioner
for the Cameroons of having given orders for carrying out forced labour. Mr. Boris
1
U N I T E D N A T I O N S , Economic and Social Council, 8th Session, 244th meeting : Official
p p . 178-179.

Records,

APPENDIX HI : ERANCE

243

had spoken to the High Commissioner for the Cameroons, who was a t t h a t very moment
in +T
. -1A Council chamber cmd who denied cate^oricctllv the «llc^citicn cf the W'.F.T.U.
representative.
The W.F.T.U. representative had spoken [see above, fourth paragraph of the statement in question] of the " second batch of the contingent " ; Mr. Boris recalled, in
t h a t connection, that all the inhabitants of the French Union were in principle liable t o
military conscription. I n practice, however, only some of them were called up to serve
with the armed forces, while the others remained at home. Under a system which had
recently been abolished, t h a t " second contingent " could be called u p for carrying
out very urgent public works. There was no point in justifying a system which had been
abolished, but Mr. Boris wished to remark that he, for his part, would regard it as a sign
of progress if, assuming military conscription were no longer necessary, young men
were called up for civil service, to help in the building of schools and hospitals instead
of learning the use of weapons. As the aim of some of the measures taken under the
abolished system, and mentioned by the W.F.T.U. representative, had been to build
hospitals and improve sanitation, Mr. Boris could see no grounds for t h e indignation
of a body which remained silent when workers were sent to spend, not a few months or
a few years, but their entire lives in the icy wastes of Northern Siberia. And yet,
no elected representative ever had the possibility of protesting in their name to any
national or international assembly.
The W.F.T.U. consultant had made much of the establishment of a colonial pioneer
corps in French Equatorial Africa. He had quoted various texts—texts which did not
exist. Since that was a characteristic example of the methods used by the W.F.T.U.
to mislead public opinion, Mr. Boris wished to give full details of the case.
Towards the end of 1948, the High Commissioner for French Equatorial Africa
had considered that, in order to carry out certain essential public works, a labour policy
should be introduced which might uncover hitherto untapped sources of manpower ;
the problem of manpower was indeed a difficult one in t h a t area, as in many underdeveloped countries. The High Commissioner had studied the principles of an organisation based entirely on voluntary labour, composed of career soldiers, who were the
only competent persons available. The organisation itself, however, was not to be of
a military nature.
During the High Commissioner's absence, a draft statute had been prepared, from
which the representative of the W.F.T.U. had cited several excerpts. The fundamental
principle of voluntary service was proclaimed even in those excerpts. Furthermore,
the wages of volunteers were to be higher than those offered by contractors in the open
labour market. I n t h a t connection, Mr. Boris pointed out t h a t under the legislation
of some of the countries where forced labour was practised wages were lower t h a n the
average.
Upon his return, the High Commissioner had rejected the draft prepared during
his absence, and had drawn up another, which had been promulgated by a Decree dated
6 October 1949 and published in the Journal officiel of French Equatorial Africa on
1 November 1949. The new text was entirely different from the one the W.F.T.U.
representative had quoted ; in particular, Mr. Boris read out Articles 2 and 9, which
had nothing in common with those quoted by the W.F.T.U. consultant.
Article 1 of that text strictly limited the places to which workers who enrolled
by voluntarily signing the usual work contract could be sent. They were, and they
remained, completely free in the fullest sense of the word. Moreover, the t e x t guaranteed
the worker and his family complete protection in matters of health and social welfare.
I t provided that if the worker's family wished to accompany him their travelling expenses
would be paid by the Government, and it also fixed the food rations for members of
the family.
There was therefore no question of forced labour, but of social progress and a social
experiment which had been approved unanimously by the representative territorial
assembly of the Gaboon and with only one dissenting vote by t h a t of the Middle Congo.
The members of the two assemblies had been personally invited to visit the yards where
labourers recruited by that method were working.
I t sometimes happened t h a t pioneers who had been dismissed for laziness begged

244

KEPOET OF THE AD HOC COMMUTEE ON EOKCED LABOUB

to be taken on again. I t would be well if as much could be said of certain other countries
which the W.F.T.U. representative had carefully refrained from criticising. 1
(c) [The representative of France] wished first to reply to some of the charges
made against France by the representatives of the U.S.S.R. and the World Federation
of Trade Unions.
The U.S.S.R. representative had mentioned the existence of the pioneer corps
in French Equatorial Africa as an example of forced labour. A similar and equally
unfounded allegation h a d been made a t the tenth session by the representative of the
W.F.T.U. He had himself replied in detail to that accusation, and had showed that
the pioneer corps was made up of volunteers who received wages higher than those
offered by contractors in the open labour market. He had also, on t h a t occasion, read
passages from the real t e x t of the Decree dated 6 October 1949, a text which was entirely
different from the one quoted a t the 365th meeting by the W.F.T.U. representative
and again during the current session by the U.S.S.R. representative. For the details
of his reply on that point he referred members to the summary record of the 365th
meeting of the Council.
During the current session, the W.F.T.U. representative had referred to a report
b y the I.L.O. Committee on the Application of Conventions and Recommendations
[see above, paragraph 3 (4)] in an attempt to prove t h a t forced labour still existed in the
French overseas territories, on the pretext t h a t no special text had yet been adopted
laying down specific punishments for those convicted of using forced labour. In actual
fact, however, there was no need for any special text on the subject since the provisions
of the Penal Code applied necessarily to persons attempting to use forced labour. The
W.F.T.U. representative had also given various isolated examples of alleged forced
labour in t h e territories of overseas France. Mr. Boris said t h a t he would not go into
all those cases in detail b u t would simply emphasise t h a t no law had ever succeeded
in completely eradicating a crime. The important point was t h a t a law existed banning
forced labour, and t h a t anyone who felt he had been wronged could always institute
legal proceedings in order to secure the conviction of the offenders.2

III.

M A T E B I A L AVAILABLE TO T H E COMMITTEE

5. In reply to a request made b y t h e Secretary-General of the United Nations
in May 1951, t h e F r e n c h Government sent a letter 3 , dated 10 September 1951,
enclosing t h r e e legislative t e x t s which its representative h a d quoted in the Economic and Social Council.
6. ^Furthermore, in its reply t o t h e Committee's questionnaire 4 , t h e French
Government submitted a certain a m o u n t of information with a bearing on the
allegations mentioned earlier.
7. Lastly, t h e Committee has collected various documents relating to these
allegations.
8. All this material is summarised below, allegation b y allegation.
Forced Labour in

General

9. I t was in 1937 t h a t F r a n c e ratified t h e international labour Convention
No. 29 concerning forced or compulsory labour, b u t it did so only for certain terri1
UNITED NATIONS, Economic and Social Council, 10th Session, 365th meeting : Official Records,
paragraphs 115-129.
a
Idem, 12th Session, 474th meeting : Official Records, paragraphs 5-7.
8
United Nations document E/AC.36/4, B.
•United Nations document, E/AC.36/11, p. 42.

APPENDIX H I : JBANCE

245

tories, whose number did not include Morocco, Tunisia and the States of the Levant
under French Mandate. Moreover, the French Government announced tha^ the
Convention would apply subject to modifications to Articles 2, paragraph 2 (a)
(compulsory military service), 10 (compulsory labour exacted as a tax) and 19
(compulsory cultivation). Various forms of compulsory labour were consequently
retamed in the French overseas territories even after 1937, some of which were
permitted, or at least countenanced, by Convention No. 29 during the period of
transition. Others, on the other hand, were not. 1
10. Forced labour in the overseas territories was abolished by an Act of
11 April 1946. The text was forwarded by the French Government in its letter of
10 September 1951 (see paragraph 5 above) and reads as follows 2 :
1. Forced or compulsory labour shall be absolutely prohibited in the overseas
territories.
2. A measure shall be issued to provide penalties on summary conviction for any
offence involving the use of direct or indirect means or devices to compel a person
against his will to accept employment or to remain in his place of employment.
3. This Act abolishes all previous decrees and regulations governing the requisitioning of labour on any grounds whatsoever.
11. In 1950 and 1951, the I.L.O. Committeee of Experts on the Application of
Conventions and Recommendations commented on the application of this Act and
enquired as to the steps which had been taken to enforce it. The Committee was
particularly surprised to find that the measure mentioned in Article 2 of the Act
had not been issued and wondered how a text devoid of penalties could be effective.3
12. In his report to the I.L.O. on the application of Convention No. 29 for the
period from 1 July 1950 to 30 June 1951, the Governor-General of French West
Africa admitted that the measure mentioned in Article 2 of the Act had not so
far been promulgated, but quoted various provisions of the Penal Code which
applied to breaches of the Act and were sufficient, in his view, to ensure its application.4 The I.L.O. Committee of Experts on the Application of Conventions and
Recommendations noted this explanation but enquired whether it held good for
the other French overseas territories as well.5
13. In its report published in 1950, the I.L.O. Committee of Experts on the
Application of Conventions and Recommendations also asked (page 42) whether the
ban imposed by the Act of 11 April 1946 was general, extending also to the exceptions made to Article 2 of Convention No. 29. In its report for the year 1951
(page 32), the Committee believed it was right in assuming that the ban was general,
but asked the French Government to inform it whether its assumption was correct.
In recent years, however, reports for several of the French overseas territories
concerning the application of Convention No. 29 continue to mention the existence
1
See INTERNATIONAL LABOUR O F F I C E : Report of the Governing Body of the International
Labour
Office on the Working of the Convention (No. 29) concerning Forced or Compulsory Labour (Geneva, 1949),
pp. 5-6, 7, 8, 9, 10-11, 13, 16, 17, 18 a n d 2 1 .
2
Idem : Legislative Series, 1943—Fr. 4.
3
International L a b o u r Cuuferanee, 33rd Session, Geneva, 1850 : Report of the Committee of Experts
on the Application of Conventions and Recommendations
(Geneva, 1950), p . 42, a n d idem, 34th Session,
Geneva, 1951 : ibid. (Geneva, 1951), p . 32.
4
Idem, 35th Session, Geneva, 1952 : Summary of Reports on Ratified Conventions (Geneva, 1952),
p . 179.
5
Idem : Report of the Committee o Experts on the Application of Conventions and
Recommendations,
(Geneva, 1952), p p . 34-35.

246

BEPOBT OF THE AD HOC COMMITTEE ON FORCED LABOUR

of various special types of compulsory labour permitted under this Convention.1
On the other hand, the 1948-1949 report for French Equatorial Africa states that
the provisions of the Act of 11 April 1946 " are more restrictive than those of the
Convention, since they do not authorise any exceptions ". 2
*14. In its letter dated 10 September 1951, the French Government enclosed
the text of Article 2 of the draft labour code for the overseas territories which was
repeatedly quoted during the debates in the Economic and Social Council. This
Article reads as follows :
Forced or compulsory labour shall be absolutely prohibited.
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.
*15. Incite reply, dated 24 March 1952, to the^ Committee's questionnaire 3 ,
the"French r ,Government'* adds that'jthisgdraft has already been adopted by the
National Assembly and is being considered by the Council of the Republic. The
reply goes on to quote the penalties to which offenders may be hable, viz., a fine
of 2,000 to 20,000 francs (4,000 to 40,000 francs for a repetition of the offence), or
imprisonment for from sis days to three months (15 days to six months for a repetition of the offence), or both.
16. That is the legal situation. On the present de facto situation, the representative of the W.F.T.U. mentioned a memorandum from the French General
Confederation of Labour (C.G.T.) condemning many abuses committed in the
territories of the French Union. The reference was, apparently, to a resolution
adopted by the Confederation in October 1948 4, demanding amongst other things,
but without giving any further details, the " abolition of those forms of corporal
punishment still systematically practised in some territories, and of the disguised
forms of forced labour which still exist ".
*17. I n its reply to the Committee's questionnaire 5 , the French Government
maintains that the Act of 11 April 1946 is rigidly enforced and adds—
All measures of direct or indirect compulsion to work have completely disappeared
in the oversea territories of the French Union.
The Department of Oversea France has received no comments from employers' or
workers' organisations on the application of the Act of 11 April 1946 or of the provisions
of the international labour Convention No. 29 concerning forced or compulsory labour,
ratified by France.
Courts of law have not been called upon to deal with any cases relating to the
application of the Act of 11 April 1946.
Furthermore, the enquiries made by the general inspectors of oversea labour into
the conditions in which Convention No. 29 and the Act of 11 April 1946 have been applied
show that no case of compulsion has been brought to light and that the Act of 11 April
1946 has been strictly observed.
18. In a book published in 1947, a former colonial Governor mentions that
the abolition of forced labour in French West Africa has led to serious difficulties
1
International L a b o u r Conference, 33rd Session, Geneva, 1950 : Summary
of Reports on Ratified
Conventions (Geneva, 1950), p . 152 (Cameroons) a n d p p . 154-155 (French W e s t Africa), and 34th Session, Geneva, 1951 : Idem (Geneva, 1951), p . 231 (Cameroons).
*Ibid. (Geneva, 1950), p . 153.
' U n i t e d Nations d o c u m e n t E/AC.38/11, p . 44.
1
Le Peuple, organe officiel de la C.G.T., 20-28 Oct. 1948, p . 7.
5
United Nations d o c u m e n t E/AC.36/11, p . 45.

APPENDIX m

247

: FRANCE

and raised critical manpower problems.1 The same observations are made in connection with French Equatorial Africa in another recent publication which, discussing
the manpower shortage there, states that " the recruiting facilities which the local
authorities could offer the employers have completely stopped since the Act of
11 April 1946 explicitly prohibited the exercise, even indirectly, of any compulsion
to work". 2 Lastly, one of the most recent reports sent to the I.L.O. from the
Cameroons on the application of Convention No. 29 also mentions the disturbances
on the employment market due to the suppression of compulsory recruiting. 3
Use of Men from the Second Portion of the Military Contingent
for Public Works in French West Africa
19. Under a Decree of 31 October 1926, those members of the indigenous
population of French West Africa who were not enlisted in the army and formed
the " second portion of the military contingent " could be called upon to serve in
para-military formations responsible for various public works. In its reply to the
Committee's questionnaire 4, the French Government stated that—
The purpose of the system... was not only to establish or improve the facilities
(railways, roads, ports) necessary for the economic development of the territories, but
also to educate workers, train skilled men and distribute more equitably the burdens
imposed on certain populations.
20. In his book referred to earlier, Georges Spitz, discussing the development
of the road network, writes that " the work was mainly done with requisitioned
labour ". 5 Later, speaking of a large dam on the Niger, finished in 1947, he points
out that the majority of the 2,500 Africans working on it were taken from the second
portion of the military contingent.6
21. Legally, this system was abolished by a Decree of 6 February 1950.
According to the French Government's reply to the Committee's questionnaire 4
it ceased to exist in practice a year or two earlier. In mid-1948, no more than 643
workers were from the second portion of the military contingent, and the system
was completely abolished in the following year. 7
Creation of a Pioneer Corps for Public Works in French Equatorial Africa
22. In their statements in the Economic and Social Council, the representatives
of the W.F.T.U. and of the U.S.S.R. referred to a pioneer corps created in French
Equatorial Africa to supply labour for public works. They maintained that some
at least of the indigenous population serving in this corps had not enlisted as
volunteers.8
23. In its letter dated 10 September 1951, the French Government submitted
the full text of the Order of 6 October 1949 by which this pioneer corps was
1
G. SPITZ : L'Ouest africain français, Afrique occidentale française et Togo (Paris, 1947), p p . 350-353
479-480.
-Encyclopédie coloniale et maritime, Afrique équatoriale française (Paria, 1950), p . 241.
3
International L a b o u r Conference, 34th Session, Geneva, 1951 : Summary of Reports on Ratified
Conventions (Geneva, 1951), p. 231.
4
United Nations document E/AC.36/11, p . 46.

and

S P I T Z , op.

cit.,

275.

°Ibid., p. 307.
International L a b o u r Conference, 33rd Session, Geneva, 1950 : Summary
Conventions (Geneva, 1950), p p . 154-155.
8
See above, p a r a g r a p h s 3 (2) and (3), 4 (b) and (c).
7

of Reports

Ratified

248

HEPOKT OF THE AD HOG COMMITTEE ON FOBCED LABOUR

established, a n d also t w o supplementary Orders dated 16 November 1950 and
19 December 1950. Articles 1 and 2 of t h e Order of 6 October 1949 read—
1. A pioneer corps is hereby set up in the territories of Middle Congo, Gaboon
and Ubangi-Shari for the sole purpose of carrying out the public works referred to in
the ten-year development plan, and specifically to work on communications in those
territories where the partial or complete lack of population would make it impossible
to carry out such works.
2. The pioneer corps shall be a body of civilian workers with the same status
as ordinary workers except for their dress and group organisation.
The pioneer corps shall be recruited exclusively from among young non-wageearning volunteers who have freely entered into a contract of employment.
According to Article 10, the length of t h e engagement is two years. The
Article also lays down t h e essential provisions of a contract of employment (a model
contract is annexed t o t h e Order).
Imprisonment

of Vagabonds

in Forced Labour

Camps

24. When he s t a t e d that, in t h e Cameroons, the French authorities were
sending vagrants into forced labour camps, the word " vagrancy " being given an
unusually wide scope, t h e representative of t h e Byelorussian S.S.R. 1 did not quote
a n y legal t e x t or indicate t h e source from which he h a d obtained his information.
25. I n its letter d a t e d 10 September 1951, t h e French Government did not
enclose the t e x t of t h e A c t of 1945 which, according to the French representative,
abolished this practice in t h a t year.
26. I t has n o t p r o v e d possible t o trace this legislation, and the only other
information on t h e point which has been brought t o light is contained in a statement
in a report t o the I.L.O. from the French Cameroons on the application of the 1930
Recommendation No. 35 concerning indirect compulsion to labour, t o the effect
t h a t " the meaning of v a g r a n c y is strictly limited a n d does not lead t o a n y extensive
abuse ". 2
Forced Labour for Failure

to Pay

Taxes

27. Refuting a n allegation t h a t , in the Cameroons under French administration, members of t h e indigenous population are compelled t o work when they fail
to p a y their taxes, t h e representative of F r a n c e s referred to United Nations docum e n t T/249. This gives t h e French Government's replies to the questions p u t to it
on the report which it submitted t o the Trusteeship Council on t h e administration
of the Cameroons in 1947.
The following passage is t a k e n from p a r a g r a p h 10 (page 11) :
The actions for non-payment of direct taxes include : summons to appear before
the magistrate, summons with expenses, an order to pay, distraint and sale. Such
measures are executed by duly commissioned enforcement officers sworn in by the court
of first instance.
* 28. I n the report itself, the French Government stated in reply to question 62
of the Trusteeship Council's questionnaire t h a t " Taxes are paid in cash. Compulsory labour cannot in a n y circumstances be imposed for a failure t o p a y taxes. "
1
2

See paragraph 3 (1) above.
International Labour Conference, 33rd Session, Geneva, 1950 : Summary of Reports on Unratified
Conventions and on Recommendations (Geneva, 1950), p. 7.
* See above, paragraph i fa).

249

APPENDIX m : FRANCE

Compulsory Labour for Native Chiefs in Return for Permits to Buy Fire-arms
29. Speaking of compulsory labour exacted in return for permits to buy
fire-arms, the representative of the W.F.T.U. quoted the 10 December 1950 issue
of the newspaper Le Democrats.1 I t has not been possible to trace this information
or obtain any other material on the subject.
Conscription of Children for Manual Labour
30. The allegation on this point a was vague and it has not been possible to
trace any information on it.

Comments and Observations of the French Government
The Chaiman of the Ad Hoc Committee on Forced Labour has received the
following letters and documents from the Director of the Conference Secretariat
of the French Ministry of Foreign Affairs :
Letter of 18 March 1952
Sir,
In your letter dated 22 November 1952, you asked me to transmit the comments
and observations of the French Government on the allegations made in the Economic
and Social Council of the United Nations by the representatives of the U.S.S.R.,
Byelorussia and the World Federation of Trade Unions in connection with professed
violations of the legislation on forced labour in certain territories of the French
Union.
I have the honour to enclose—
1. the observations of the French Government ;
2. the official text of Act No. 52.1322 of 15 December 1952 to institute a Labour
Code in the territories and associated territories within the competence
of the Ministry for France beyond the Seas. 3
I have the honour to be, etc.,
(Signed)

V. BROUSTRA.

OBSERVATIONS OF THE FRENCH GOVERNMENT

The allegations made by the representatives of the Union of Soviet Socialist
Republics, the Byelorussian Soviet Socialist Republic and the World Federation
of Trade Unions concerning professed cases of forced labour in the oversea territories
of the French Union refer to—
(a) Forced labour in general, which although legally abolished, was allegedly
still extant.
1
2
8

See above, paragraph 3 (4).
See above, paragraph 3 (2).
Not reproduced here.

250

KBPORT OF THE AD HOC COMMITTEE ON ÏOBCED LABOTXB.

From the legal standpoint, an Act of 15 December 1952 to institute a Labour
Code in the oversea territories and associated territories has confirmed the principle
that forced or compulsoiy labour is absolutely prohibited, labour of this nature
being defined as " a l l 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 ". This is the same statement of principle as was made in Article 1 of the
Act of 11 April 1948. This latter Act, however, did no more than state the principle ;
admittedly, Article 2 laid down that a measure should be issued to provide penalties
on summary conviction, but in fact no such text was ever passed and the provisions
of the Penal Code were therefore used to ensure observance of the Act, the main
provisions being Articles 309 et seq. (violence or assault), 307 (threats), 341 (the
pledging and sequestration of persons, contracts prejudicial to individual liberty),
114 (arbitrary acts and acts prejudicial to individual liberty instituted by public
officials or persons acting under public authority).
This gap has been filled by Article 228 of the Labour Code which institutes,
as penalties, a fine of 2,000-20,000 francs and imprisonment for from six days to
three months, and for a repetition of the offence, a fine of 4,000-40,000 francs and
imprisonment for from 15 days to six months. Article 232 also lays down that
the penalty is to be imposed as many times as there are workers employed in conditions contrary to the law, up to a stipulated maximum.
In fact, as the French Government has mentioned in its earlier communications,
all measures of direct or indirect compulsion have completely disappeared from
the territories of the French Union.
Courts of law have not been called upon to deal with any case in which forced
labour was involved.
The Ministry for France beyond the Seas has received no comments from employers' or workers' organisations on the application of the Act of 11 April 1946
or of international labour Convention No. 29, ratified by France.
Lastly, the enquiries made each year by the general inspectors of oversea
labour, which are used as a basis for the reports sent to the International Labour
Office on the conditions in which Convention No. 29 has been applied, show clearly
that no case of compulsion has been brought to light and that the principle
whereby forced labour is absolutely prohibited has been strictly observed.
(b) The use of men from the second portion of the military contingent for
public works in French West Africa.
The allegations made in connection with the use of workers from the second
portion of the contingent, like those made in connection with point (c), were covered
in memoranda submitted to the Economic and Social Council by the World Federation of Trade Unions and the General Confederation of Labour.
The French Government has nothing to add to the material on this subject
already placed before the Economic and Social Council by the representative of
France and before the Ad Hoc Committee by the Government in its written communications. The system of " using the second portion " in fact died out in 1949
and was legally abolished by a Decree of 6 February 1950 to repeal a Decree of
31 October 1926 on the execution of public works in French West Africa by workers
taken from the second portion of the indigenous contingent.
(c) The creation of a pioneer corps for public works in French Equatorial
Africa.
In this connection, the French Government has already provided the Committee
with a documented note and with the text instituting the pioneer corps in French
Equatorial Africa, accompanied by a model contract of employment.

251

A P P E N D I X HE : FRANCE

(d) The imprisonment of vagabonds in forced labour camps on the basis
wJ. «™ « J . w « . u . i i i l / v i ^ j i c w M i i i l O l l O-L UXÍ.V TfV/J-U.

» UÍÍ.CMU.U \

^ U i i w V^'CUJ-LJ.I-'JLOU'.LUJ »^i-uLi. J.4J.IAV

yy.i i . m w y .

/'ej Forced labour for failure to pay taxes (the Cameroons and Indo-China).
The French Government would point out that the allegations mentioned in
this section were made by the representative of Byelorussia at the Economic and
Social Council in 1949. He asserted that the indigenous population in Indo-China
and the Cameroons were forced to work if they were unable to pay their excessively
heavy taxes.
In fact, an enquiry had provided confirmation that such allegations were
devoid of all foundation. The French Government has already provided all the
necessary information on this point.
(f) Compulsory labour for Xative chiefs in return for permits to buy fire-arms
(French West Africa).
(g) The conscription of children from eight to 12 years old for manual
labour.
The French Government has instituted enquiries into these specific points
and the findings will be communicated to the Committee.

Letter of 3 April 1953
Sir,
Further to my letter No. 236 of 18 March, I have the honour to enclose the
findings of the enquiry held by the French Government as a result of the allegations
made by the representatives of the U.S.S.R., Byelorussia and the World Federation
of Trade Unions in connection with professed violations of the legislation on forced
labour in certain territories of the French Union.
As you will observe, these findings confirm the futility of the accusations made
against the French Union in the Economic and Social Council.
I have the honour to be, etc.,
(Signed)

V. BBOTJSTBA.

FURTHER OBSERVATIONS OF THE FRENCH GOVERNMENT

The enquiry which has just been held in the Cameroons and French West
Africa confirms that the allegations listed under (d), (e), (f) and (g) of the Committee's summary are, like the other allegations, devoid of all foundation.
These allegations, in so far as they concern the Cameroons, related to (1) the
imprisonment of vagabonds in forced labour camps on the basis of a wide interpretation of the word " vagrancy ", and (2) forced labour for failure to pay taxes.
These assertions must be formally denied. Detention, an administrative precautionary measure in the legal meaning of the term, is non-existent in the
Cameroons or any of the other territories overseas and cannot therefore be the
penalty for vagrancy or failure to pay taxes.
The judicial system makes provision for penal detention only, imposed by
regular judgments pronounced in application of the metropolitan Penal Code,
which was made applicable in the territory by a Decree of 30 April 1946. The
penal provisions applicable to vagrancy are also those of the Penal Code (Articles

252

REPORT OF THE AD HOC COMMITTEE OS FORCED LABOUR

269 et seq.). Very detailed information on the subject is given in the report to the
Trusteeship Council for the year 1950, under the heading " Security " (page 43).
Judicial statistics show, moreover, that vagrancy is not penalised with
exceptional severity. Out of a total of 13,991 minor offences in 1951, 220 convictions for vagrancy were made for a population of 3,000,000. The figures for 1952,
which have not yet been fully collated, are comparable if not actually lower.
The allusions concerning the exaction of forced labour for failure to pay taxes
are also without foundation. The ease with which taxes are collected is a sure
sign that taxation is not excessive. I t should be emphasised, moreover, that all
dues and taxes, like the rates a t which they are levied, are voted annually by the
freely elected representatives of the population to the Territorial Assembly
instituted by a Decree of 25 October 1946.
The alleged exaction of compulsory labour based on exorbitant taxation is
consequently the product of inaccurate information and a complete misrepresentation of the situation.
The allegations which concern French West Africa related to (1) compulsory
labour for Native chiefs in return for permits to buy fire-arms, and (2) the conscription of children from eight to 12 years old for manual labour.
Without recalling the absolute prohibition of every form of forced labour
prescribed by an Act of 11 April 1946 and confirmed by an Act of 15 December
1952 to institute a Labour Code, I would simply mention, in connection with the
first of these two points, that Native chiefs take no part whatsoever in the issue of
permits for the purchase of fire-arms.
Applications are submitted to the district chief, who forwards them with his
comments for decision, in the case of shotguns to the area commandant, and in the
case of modern weapons to the territorial chief.
Cantonal chiefs have therefore no means of exerting any pressure, particularly
since those who purchase fire-arms, by reason of the cost, are usually prominent
personages or officials belonging to the indigenous petite bourgeoisie, and as such are
not subject to the authority of traditional chiefs.
As regards the work of children, a Decree of 18 September 1936, which was
the legislation in force a t the time of the alleged occurrences, prohibited the employment of young persons under 14 years of age on work other than apprentice training
in small craftsmen's workshops. The Decree also provided that the employment of
any minor should be subject to the production of a certificate and the parents'
prior consent.
The Labour Code, which is now the authoritative text, lays down that children
may not be employed in any undertaking, even as apprentices, if they are under
14 years of age, unless the territorial chief allows an exception to be made after
consultation with the Labour Advisory Committee in the light of local circumstances
and of the work which the children may be called upon to do.
The employment of children is supervised by the labour inspector, who may
order the children to undergo a medical examination in order to ensure that the
work is not beyond their strength.
Letter of 3 A-pril 1953
Sir,
In a letter dated 22 November you informed me of the allegations made by the
representative of the Byelorussian Soviet Socialist Republic in the Economic and
Social Council, concerning professed violations of the legislation governing forced
labour in French Indo-China.

253

APPENDIX m : FRANCE

I have to inform you that, since " Indo-China " no longer exists as an administrative and political entity, having been replaced by the three States of Cambodia, Laos and Viet-Nam, I forwarded your letter to the competent authorities
in these States. The authorities in question have requested me to transmit to you
the accompanying observations in the hope that you will be able, in spite of the
late date of their receipt by the Committee, to include them in the report which
the Committee on Forced Labour is to submit to the Economic and Social Council.
I have the honour to be, etc.,
(Signed)

V. BKOTTSTBA.

OBSERVATIONS OF THE GOVERNMENT OF CAMBODIA

Forced labour is strictly forbidden in Cambodia under an Act of 11 April 1946,
the applicability of which in Cambodia was confirmed by Kram No. 375-NS of
30 October 1947.
This Act defines as offences " all means or methods of direct or indirect
compulsion for the purpose of engaging any individual, or retaining him at a workplace, without his consent ".
There is no administrative forced labour (payment of taxes, etc.).
The Government of the city of Phnom-Penh, in carrying out public works,
resorts only to voluntary manpower.
As regards taxes, there was formerly a personal tax imposed on any Cambodian
subject or person assimilated thereto between the ages of 18 and 60 years. This
tax is governed by the Act, or Kram, No. 43-NS of 23 May 1945, which was
repealed and superseded by Kram No. 299-NS of 20 February 1947, under which a
national contribution was instituted as from 1 January 1947.
This national contribution was abolished in 1949 by Kram No. 511-NS of
11 April 1949.
The introduction of new taxes is governed by the following texts :
Kram No. 591-NS of 24 April 1950 to establish a certificate of identity for
Cambodian subjects.
An Act voted by the National Assembly regulating the water and lighting tax
levied for the benefit of the municipal budget of the city of Phnom-Penh (Kram
No. 742-NS of 24 September 1952). This tax is imposed on all male persons between
the ages of 18 and 60 years who are living in the city of Phnom-Penh or had settled
there before 1 January of the fiscal year.
As regards vagrancy, only the Cambodian judicial authorities are competent
to deal with this offence, which is defined in Sections 365-368 of the Cambodian
Penal Code. In practice, very few cases have been brought before the courts and
the tendency over the past few years has been not to consider vagrancy as an offence
any longer.
Furthermore, arduous work and night work are forbidden for women and
minors.
Within the private sector of the economy, i.e., in commercial and industrial
undertakings, labour organisation is subject to the labour regulations in force in
Cambodia. Workers and employees enjoy highly satisfactory conditions and their
wages or salaries usually exceed the minimum prescribed.
In conclusion it may be asserted that compulsory forced labour no longer
exists in Cambodia.
The foregoing shows that the allegations made by the Byelorussian Soviet
Socialist Republic during the recent sessions of the Ad Hoc Committee on Forced

254

REPOBT Off THE AD HOC COMMITTEE ON EOBCED LABOUB

Labour of t h e United N a t i o n s concerning professed violations of t h e current legislation governing forced labour in Cambodia are false a n d devoid of a n y foundation.
Kram

(No. 372-NS)

Considering t h e agreement of 7 January 1946 establishing a temporary modus vivendi
between France and Cambodia and t h e annexed protocol of 16 July 1946 ;
Considering the Royal Ordinance of 12 June 1933 to regulate labour and manpower in
Cambodia ;
Considering Royal Ordinance No. 84 of 20 May 1938 regulating labour in Cambodia ;
Considering all French labour regulations now in force in Cambodia ;
Considering Kram No. 91-NS of 24 July 1947 to establish a Ministry of Information
and Social Welfare ;
Considering Kret No. 91-NS of 24 July 1947 to establish a Regency Council to wield
power until the coming of age of His Majesty the King ;
having heard the Council of Ministers,
We hereby Decree as follows
Article 1 : Until such time as Our Services have drawn up a new set of labour
regulations, the French labour regulations now in force in Cambodia shall be temporarily applicable t o Our subjects.
Article 2 : The President of the Council of Ministers and the Minister of Information and Social Welfare shall be entrusted with the execution of the present Kram.
Done in Our Royal Palace a t Phnom-Penh on 30 October 1947.
Regency Council
(Kret No. 91-NS of 24 July 1947)
(Signed)

N . STJBAMARIT,

President.
Submitted b y TJs to the Regency Council for signature :
(Signed)

H U Y KANTHOUI,

Minister of Information and Social Welfare.

(Signed)

S. WATCHHAYAVONG,

President of the Council of Ministers.

No. 228-DB
Seen for approval
Phnom-Penh, 23 October 1947
(Signed)

L. PICHÓN,

Commissioner of the French Republic for Cambodia.
A certified true copy :
(Signed)

H E M PHANRASY,

Inspector of Social Affairs

and Labour.

O B S E B V A T I O N S O F THE GOVEKNMENT O F L A O S

The allegations m a d e b y t h e representative of t h e Byelorussian Soviet Socialist
Republic b e t r a y complete ignorance of t h e institutions of Laos, their operation a n d
t h e manner in which t h e executive a n d legislative powers are exercised, as defined
b y t h e Constitution of t h e K i n g d o m of 11 May 1947.

APPENDIX H I : -EBAKCE

255

The abolition of compulsory labour is one of the questions with which the
deputies in the National Assembly arc most deeply concerned. Although the necessities of reconstruction, caused by the war, led the ¡National Assembly, on
3 January 1950, to pass an Act establishing extremely severe regulations—to
apply over a period of five years—with regard to the utilisation of workers assigned
to this specific type of public works, the same Assembly unreservedly repealed
this Act in the following year by Act No. 90 of 16 March 1951, which reads as
follows :
Article 1 : Act No. 55 of 3 January 1950 to regulate public works is hereby, and
shall remain, repealed.
Article 2 : Throughout the territory of Laos, as from the date of promulgation of
the present Act, the only type of labour in existence shall be free labour.
This Act was promulgated by Royal Ordinance No. 80 of 29 March 1951. The
deputies are keeping a close watch over its enforcement, and systematically oppose
any measure which may be considered to be a departure from the principle laid
down.
The minimum wage prescribed for free workers is determined each year by
Royal Ordinance according to the cost of living in the various provinces. The latest
Royal Ordinance issued on this subject is Royal Ordinance No. 132 of 24 March
1951.
As regards the scale of taxation and the conditions under which taxes are
collected, the allegations of the representative of Byelorussia are completely untrue.
Taxpayers in Laos have an extremely light burden by comparison with taxpayers
in other countries.
Budgetary estimates of receipts from direct taxation amount to 17,348,736
piastres, out of a total budget of 250,574,000 piastres for April 1952 to April 1953.
All taxes introduced before the present constitutional régime was adopted have
been abolished and replaced by taxes voted by the National Assembly. The tax
known as " personal tax " has been abolished and no tax has replaced it.
As to the question of " vagrancy ", the Royal Government can assert that this
offence is practically non-existent among the population of Laos, where every
family owns its house and its plot of land and wants nothing more than to go about
its own work in peace.

OBSERVATIONS or THE GOVERNMENT OF VIET-NAM

From the statement of the delegate of Byelorussia it would appear that he was
referring especially to the situation resulting from the Decree of 6 January 1903,
known as the Decree respecting indigenous status, and the provisions of the
amended Penal Code which punish vagrancy. As regards the first point, the Decree
of 6 January 1903 empowered chiefs of provinces to impose the penalties of imprisonment (for a period not exceeding five days) and fines (not exceeding 15 francs)
on Natives and assimilated Asiatics, as a disciplinary measure, for any delay in
paying taxes, fines or, generally speaking, any sum due to the village, the province
or the colony.
The scope of this Decree was considerably reduced by the Decree of 13 September
1932, which provided that the penalties in question were not applicable to taxpayers
whose names appeared on taxpayers' registers.
In practice the administrative authorities very rarely made use of the right

256

KEPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOUB

thus granted them. After the promulgation of the Decree of 13 September 1932
mentioned above, indigenous status was imposed only upon those subject to the
personal tax ; it was definitely and finally aboUshed as a result of the aboHtion of
the tax itself in 1946.
At the present time, failure to pay or delay in paying taxes is punishable only
by fiscal fines.
As regards vagrancy, an offence punishable by three to six months' imprisonment under the amended Penal Code which is applicable to southern Viet-Nam, a
vagrant is a person who fulfils the three following conditions : lack of means of
subsistence, habitual failure to exercise a trade or profession, and intent to commit
an offence.
Since the penal interpretation is restrictive, the courts might not convict any
accused person if either one of the above conditions was not met or could not be
clearly established. Furthermore, when there are extenuating circumstances the
prison sentence imposed is often shorter than the minimum period prescribed.
There is therefore no question of sending individuals caught in a state of
" vagrancy " to forced labour camps, nor of interpreting the word in an unduly
wide sense.
Finally, it should be added that so-called " compulsory " work was forbidden under the Decree of 30 December 1936 to regulate labour and that the
recent Labour Code of Viet-Nam (Ordinance of 8 July 1952) forbids it absolutely.

Additional Material
Addition to Paragraphs 14 and 15.
The Labour Code for the Oversea Territories was finally adopted by the National
Assembly on 23 November 1952 and was promulgated on 15 December 1952 under
the title " Act to institute a Labour Code in the Territories and Associated Territories
within the competence of the Ministry for France beyond the Seas ". 1
The following is the final wording of Article 2 :
Forced or compulsory labour shall be absolutely prohibited.
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.
Before the last debate in the National Assembly, the Council of the Republic
had approved the following text, which retained the exceptions listed in Article 2,
paragraph 2, of international labour Convention No. 29 :
Forced or compulsory labour, as defined by paragraphs 1 and 2 of Article 2 of
the Geneva international labour Convention No. 29 of 28 June 1930, ratified on 17 June
1937, shall continue to be absolutely prohibited.
This narrower text did not find favour with the National Assembly, which
was opposed to the inclusion in the Act of the exceptions contained in Article 2
of international labour Convention No. 29.2
1
s

Journal officiel de la République française, Lois et Décrets, No. 298, 16 Dec. 1952, pp. 11541 et seq.
Journal officiel de la République française. Débats parlementaires, Assemblée nationale, No. 97,
23 Nov. 1952, pp. 5467-5472.

APPENDIX HI : FBAJSTCE

257

I n the Geneva Convention, this definition is accompanied by various reservations
which are mentioned in the text adopted by the Council of the Republic.
However, owing to the provisional character of the Convention and to the fact
that there are paragraphs in Article 2 which can be the occasion of abuses, the
Government considers it preferable to include in the Labour Code a condemnation
pure and simple of forced labour, provided, of course, that the conditions in which
requisitions might be authorised are clearly specified in a legal text which the Government undertakes to table during the first three months of 1953.
We know that, a t the moment, the administrations of the territories overseas are
powerless in face of disasters and are deprived of any legal means of requisitioning
since the laws relating to organisation in time of war have been repealed in those territories owing to the fact that they gave rise to certain abuses.
I t is consequently necessary to adopt a text which clearly specifies at what times
and in what areas and places requisitions can be made to cope with various disasters or
to carry out urgent public works.
The Government feels we must reject the hypocrisy into which we should inevitably be driven if, after condemning forced labour, the administration was obliged to
have recourse to underhand practices to requisition the labour necessary to meet
certain needs.
We must act quite openly.
No one here will refuse to recognise the need to reaffirm in this Labour Code our
fullest condemnation of forced labour. Nor will anyone deny, since this is so,—and I
think that the representatives from overseas will agree—that Parliament must next
examine and approve a specific, clear-cut text to lay down the conditions in which
requisitions might be made if necessary. 1
As penalties for breaches of the prohibition on forced labour, Article 228 of
t h e Code, as finally adopted, provides for fines ranging from 2,000 t o 20,000 francs,
imprisonment for periods ranging from six days t o three months, or both.
Addition

to Paragraph

17.

I n its report to the I.L.O. on t h e application of Convention 'No. 29 for the
period 1 J u l y 1951-30 J u n e 1952, the General Inspectorate of Labour of French
Equatorial Africa states t h a t the Convention " is applied in strict conformity with
t h e Act of 11 April 1946. T h e provisions of this Act are more restrictive t h a n
those of the Convention, since t h e y allow for no exceptions ".
The Government-General of French West Africa states in its report on t h e
Convention for the same period t h a t its previous reports are " still entirely valid,
since no violation of t h e ban on forced or compulsory labour has been registered
in the Territories of t h e Federation b y the supervisory services a n d no comments
on the subject have been made b y employers' or workers' organisations " .
Addition

to Paragraph

28.

A report submitted to the I.L.O. on the application of Convention No. 29
in the Cameroons for the period 1 J u l y 1949-30 J u n e 1950 2 confirms t h a t taxes
are payable in cash a n d t h a t the taxpayers cannot free themselves from this obligation b y work. No case of physical constraint has been noted.
During t h e debate, the following statement, announcing further legislation,
was made b y the Secretary of State for France beyond the Seas :
1
Journal official de la République française, Débats parlementaires, Assemblée nationale No 97
23 Nov.
1952, pp. 5469-5470.
s
International Labour Conference, 34th Session, Geneva, 1951 : Summary of Reports on Ratified
Conventions (Geneva, 1951), p. 231.

258

KEPOBT Ol" THE AD HOC COMMITTEE ON EOBCED LABOUB

DEMOCRATIC REPUBLIC OF GERMANY

Summary of Allegations and of the Material Available to the Committee

ALLEGATIONS

1. Allegations w i t h regard t o t h e Democratic Republic of G e r m a n y 1 were
made—
(1) I n t h e course of debates in the Economic a n d Social Council, by the
representatives of t h e United Kingdom, t h e United States of America and the
American Federation of Labor.
(2) I n m e m o r a n d a communicated t o t h e Committee, b y t h e following nongovernmental organisations : t h e International League for the Mights of Man 2 and
t h e Committee of Free Jurists.3
(3) At sessions of t h e Committee, b y t h e representatives of t h e International
Confederation of Free Trade Unions, t h e International League for the Rights of
Man and t h e Committee of Free Jurists.
2.
(a)
nection
(b)
(c)
mines.

These allegations, which are summarised below, relate t o —
the
with
the
the

existence of forced labour in general and, more particularly, its cont h e working of uranium mines ;
existence a n d location of concentration a n d forced labour camps ;
working conditions, health a n d atmosphere in the camps a n d uranium
Existence

of Forced

Labour

3. The representative of t h e United States of America
of t h e Economic a n d Social Council, asserted t h a t —

a t t h e T e n t h Session

I t was becoming increasingly clear that forced labour was not limited to only the
territory of the Soviet Union. To cite but one example, the Rheinische Zeitung of 10
J a n u a r y 1950 had contained an article on the Erzgebirge uranium mines in the Soviet
Zone of Germany. 4
4. The representative of t h e United States of America a t the Eleventh Session
of t h e Council referred t o a letter published b y the German Social Democratic
P a r t y assigning a w o m a n t o work in Aue. The relevant passage of his statement
is summarised as follows :
Recently, the German Social Democratic Party had published a sickening document describing conditions there [in the Eastern zone] in great detail. He would quote
1
Also referred t o in t h e allegations as E a s t e r n G e r m a n y ; E a s t e r n Zone of G e r m a n y ; Soviet Occupation Zone ia G e r m a n y ; Soviet Zone of or in Germany ; Soviet-occupied Germany.
s
Memorandum d a t e d 18 J u n e 1952.
3
Memorandum d a t e d 19 Mar. 1952.
4
U N I T E D N A T I O N S , E c o n o m i c and Social Council, 10th Session, 366th meeting : Official Records,
p a r a g r a p h 3.

APPENDIX m : DEMOCBATIC BEPUBLIC OF GERMANY

259

from that document part of a passage reproducing a letter to the wife of a man who
had escaped. The letter read—
From Labour Office Teltow-Mahlow
Branch Office Zossen
21 March 1949
To Mrs. Frieda Heyer.
Concerning your assignment to work in Aue :
The medical examination has revealed your capacity for the contemplated assignment from here to Aue for work. You are therefore requested to present yourself
at the Labour Office in Aue with the installation assignment card and to begin
working in Aue in place of your husband who has made his own employment there
impossible by fleeing with your knowledge and your help.
(Signed)

ÏTITSCHE

The letter made it clear that the order that she should go to work in her husband's
place was based on a medical examination ; there was no mention in the letter of a
court of law finding her guilty of conniving at her husband's escape.1
5. The representative of the American Federation of Labor to the Economic
and Social Council, referred to the existence of forced labour in Eastern Germany
and stated—•
. . . at the current time, after the war, the workers of the Eastern zone of Germany were
being forced to work in the uranium mines of Saxony.
The information on the latter point had been supplied by Dr. Fritz Löwenthal,
who had been a member of the Communist Party, had been in the Soviet Union during
the years when Hitler was in power and had entered Germany in 1946 to become director
of the Ministry of Justice in the Soviet occupation zone in Germany. What he had
seen as director had compelled him to flee the Soviet zone a
6. The representative of the International Confederation of Free Trade Unions
made a similar statement at the Second Session of the Committee.
7. The Committee of Free Jurists referred to the " organised recruiting of
workers in the Soviet zone of Germany by a system of coercion " and quoted the
three following legal texts relating to " the legal basis for the organised recruiting
of workers " : (1) Ordinance dated 2 June 1948 on the guaranteeing and protection
of rights in the assignment of workers ; (2) Ordinance dated 12 July 1951 on the
duties of labour authorities and the direction of labour ; (3) First Executive Regulations dated 7 August 1951 to give effect to the Ordinance on the duties of labour
authorities and the direction of labour.
The Committee of Free Jurists also referred to a number of legal and administrative documents relating to the purpose of these texts, their enforcement by
the administrative authorities and the penalties they involve.
8. The Committee of Free Jurists claimed that all the material it had placed
at the disposal of the Committee had been the result of evidence given by 80,000
persons during the last three years, and stated that there were about 20,000 political
prisoners, opponents of the regime, who were serving sentences of forced labour
not in forced labour camps, but in normal penitentiaries.
9. Referring to sentences which have been passed on German citizens by
Soviet military courts, the representative of the Committee of Free Jurists stated—
1
UNITED NATIONS, Economic and Social Council, 11th Session, 413th meeting: Official Records,
paragraph 29.
2
Idem, 10th Session, 365th meeting : Official Records, paragraphs 64 and 65.

260

REPOET Ol" THE AD HOC COMMITTEE ON FOBCED LABOUB

In most cases a sentence of 25 years' confinement with forced labour has been
inflicted upon them, through applying paragraph 58 of the Soviet Military Penal Code
dealing -with hostile acts towards the Soviet authorities.
10. In connection with Order No. 3 of the Control Council for Germany,
dated 17 January 1946, the representative of the Committee of Free Jurists stated
that this text dealt exclusively with the recruitment of unemployed workers and
that, from the very beginning, it was wrongly applied and distorted in the Soviet
zone.
11. Referring to deportations of German specialists to the Soviet Union, the
representative of the Committee of Free Jurists stated that such deportations had
taken place in 1946, when two industrial combines, the Zeiss optical industry and
the Junkers aircraft industry, had been affected by these measures, and again in
1951, when a total of some 60 engineers who were specialists in the optical and
aircraft industries had been deported.
12.

The representative of the Committee of Free Jurists also stated—

There are not yet a n y corrective labour camps, as there are in Soviet Russia or
in Siberia, b u t . . . there is now a trend to introduce them into the Soviet zone ; . . . there
is now a beginning or a basis, because on 1 October a new criminal procedure came out
in which paragraph 254 authorises the infliction of corrective labour without trial on
the written request of the prosecution. Also . . . a new criminal code is planned for 1
December in the Soviet zone in which it will be provided that instead of penitentiary
or prison there will be deprivation of freedom which would also enable them [the authorities] to place people in corrective labour camps and to compel them to forced labour....
As regards compulsory provisions within the economic field . . . it may, however,
be said that since the beginning, and excluding deportation to Soviet territory, all such
provisions were within t h e responsibility of the German authorities. Before 1949
they were applied in conformity with Soviet regulations ; after 1949, even after the
creation of the German People's Republic, the prescriptions of the Soviet authorities
remained in force.

Existence and Location of Camps and Number
of Compulsory Workers
13. The representative of the United Kingdom to the Eighth Session of the
Economic and Social Council stated—
I t had been observed that in the Soviet zone of Germany, the nazi technique had
been taken over and improved upon. An inquiry undertaken a year ago showed that
the population of concentration camps was greater at the present time than it had been
in 1939. There was every reason to believe t h a t 200,000 to 300,000 prisoners were
interned in the six major and the six or seven smaller c a m p s . . . .
From the evidence of prisoners, it appeared t h a t 17,000 prisoners at Buchenwald
had been sent to Siberia in April 1947 and that, on 31 January 1948, 47,600 prisoners
had been deported from t h e internment camp at Feunfeichen for labour in the Kuzbas
factories in Siberia.
Some information h a d been obtained on the camps a t Bautzen, Jamlitz and Buchenwald as well as on the MVD prisons a t Pirna, Dresden and Muehlberg. 1

14. I n his statement at the Eleventh Session of the Economic and Social
Council, the representative of the United States of America spoke of " forced labour
camps in the Eastern zone of Germany ". a
1
UNITED NATIONS, Economic and Social Council, 8th Session, 238th meeting : Official Records,
pp. 112-113.
'Idem, 11th Session, 413th meeting : Official Records, paragraph 29.

APPENDIX i n : DEMOCRATIC REPUBLIC OF GERMANY

261

15. The representative of t h e International Confederation of Free Trade Unions
EslaLeu thai '' in the Soviet zon« of Germany, a number of nazi concentration camps
were re-opened a n d operated b y t h e Soviet police. After t h e establishment of a
. . . government in t h e Eastern zone, these camps were handed over t o the E a s t
German police. At t h e present time, a number of so-called ' penal justice camps '
are r u n b y t h e E a s t German police. " H e added t h a t " according to reports which
we received only a few days ago, t h e construction of a large concentration camp is
now under w a y on the island of Ruegen ". H e asserted t h a t this camp was intended
for prisoners who were considered politically dangerous t o t h e régime a n d stated
t h a t " after t h e deportation of t h e population of t h e five-kilometre zone, along
the border of West Germany, a general wave of arrests of politically suspect persons
is scheduled, which will further increase t h e number of prisoners in the new concentration camp centre ".
16. Referring t o t h e number of compulsory workers, t h e representative of
t h e Committee of Free Jurists said—
I could speak about two main areas of concentration for t h a t type of manpower.
First of all, the well-known district of Aue—that is, the uranium mining district. A
figure—not recent, however—was quoted to the effect that some 300,000 of those people
were put to work at one time in this district of Aue. However, this total number may
have been reduced to some considerable extent. Meanwhile, since some of the mines
have been exhausted, new mines have been opened in the southern part of Thuringia,
and therefore a point of concentration may be found there as well. Further, there
is a general trend towards the expansion of steel industries, and two new combines are
being constructed at present, one of which is the western combine in Kalbe on the River
Saale ; the second, the eastern combine, is in a place called Fuerstenberg-am-Oder....
In other words, those are the two main places of concentration of forced labour and
forced manpower.
Conditions

in Camps and

Mines

17. Speaking of concentration camps, the representative of the United Kingdom
alleged t h a t " A German news agency h a d reported, on 23 November 1948, t h a t
three German civil servants h a d died of starvation a n d ill-treatment a t Sachsenhausen, although they had been acquitted by a Soviet military court ". 1 Discussing
certain camps, t h e names of which he quoted (see paragraph 13 above), h e
stated—
Though the death rate was extremely high, those camps were always full. The
prisoners included not only nazi officers and war criminals, but also women, children
and large numbers of adolescents arrested for no known reason. Prisoners who had
been in nazi camps as well as in Soviet camps had ascertained that absolutely the same
conditions prevailed in those two categories of camps. 2
18. I n his statement to t h e Economic a n d Social Council on t h e Erzgebirge
uranium mines, t h e representative of the United States of America mentioned a n
article published on 10 J a n u a r y 1950 in the Rheinische Zeitung, which pointed
out t h a t " working conditions there were as intolerable as those prevailing in Soviet
forced labour camps ". 2
1
UNITED NATIONS, Economic and Social Council, 8th Session, 238th meeting : Officiai Records,
p. 113.
2
Idem, 10th Session, 366th meeting : Official Recorda, paragraph 3.

262

BEPOB.T OF THE AD HOC COMMITTEE ON FOBCED LABOUR

19. Speaking in the Economic and Social Council of conditions in the Eastern
zone of Germany, in particular in the uranium mines there, the representative
of the United States of America referred to a document published by the German
Social Democratic Party which described the position of women in the following
terms :
The authors of the document had pointed out the intolerable position of women in
forced labour camps in the Eastern zone of Germany ; they had stated that they were
considered fair game both for TJ.S.S.B. soldiers and German workers, that to live they
had to make friends with many of those men, that they were compelled to work until
six weeks before giving birth and that their babies were thereafter soon taken away
from them so that they could resume work.1
20. The representative of the American Federation of Labor spoke of working
conditions in the uranium mines and, referring to information supplied by Dr.
Fritz Löwenthal 2 , stated—
... He himself had seen what was happening in Saxony. The work there was mainly
the extraction of uranium. Theoretically, only persons of from 18 to 45 years of age
could be pressed into service, but, in actual fact, children of 14 years and men of 65
and over were put to work. The workers were obliged, at any cost, to produce the
minimum amount of work demanded by the occupation authorities. The work was
extremely dangerous because the miners worked underground, inhaling the dangerous
products emanating from radium. Dr. Löwenthal said that there were no safety devices
or health safeguards in the mines. Accidents had been so frequent that it had been
difficult to replace the male workers. The authorities had been obliged to introduce
forced labour for women. Even pregnant women and mothers of young children had
been forced to work.3
21. The International League for the Bights of Man spoke in general terms
about forced labour camps and alleged that " even if there were no political purpose
behind the establishment of these forced labour camps, the camps would exist
because of the need for cheap and immediate production along the lines of armament
needs ". I t then went on to quote, as an example, the working conditions in the
uranium mines—
The personal testimonies'of those who have been sentenced to work in the Jachymow
uranium mines in Czechoslovakia and the Aue mines . . . are consistent in their description
of impossible quotas, starvation diet if the quotas or norms are not fulfilled, of the
tortures which take place and the death rate due to the lack of protective clothing and
machine ry and the lack of sufficient or adequate medical care.
22. Speaking of concentration camps in Eastern Germany, the representative
of the International Confederation of Free Trade Unions stated that " reports on
conditions in these camps show that the treatment of prisoners is characterised
by a combination of Soviet and nazi methods ". He added that this was " the
peculiar feature of the East German communist régime " and referred to the testimonies of two private individuals. Referring more particularly to the mining of
uranium ore in the region of Aue in Saxony, he mentioned the " extremely difficult
conditions " in which the workers were employed, adding that such workers were
' U N I T E D N A T I O N S , Economic a n d Social Council, 11th Session, 413th m e e t i n g : Official
p a r a g r a p h 29.
1
See above, p a r a g r a p h 5 .
« U N I T E D N A T I O N S , Economic a n d Social Council, 10th Session, 365th meeting': Official
p a r a g r a p h 65.

Records,
Records,

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: DEMOCRATIC R E P U B L I C O F G E R M A N Y

263

subject to " special restrictions " and that " the entire area is cut off from the rest
of the Eastern zone and closely watched ".
23. When speaking of the mining industry, the representative of the Committee
of Free Jurists stated that there were three different categories of workers : (a)
workers who were, " 100 per cent, voluntary manpower " ; (b) people " who have
been compelled and, even if not formally so, yet compelled by either political or
economic pressure to perform that type of work which, under other circumstances,
they would not have freely undertaken or resorted to " ; and (c) persons sentenced
to forced labour by the courts, who were treated like prisoners. In connection
with this allegation he referred to the legal texts quoted in the memorandum of
19 March 1952. !

II.

MATERIAL AVAILABLE TO THE COMMITTEE

24. In a communication dated 13 July 1951 2 the International Confederation
of Free Trade Unions enclosed a number of documents relating to the Soviet zone
of Germany. In addition, it submitted a number of documents a t the Second
Session of the Committee. At the Third Session of the Committee, the Committee
of Free Jurists submitted a number of legislative and other texts.
25. The Committee has also assembled and examined certain material related
to the allegations mentioned under Part I above.
26.

AU this material is summarised below.
Legislation

27. In speaking of forced labour, the allegations do not always indicate very
clearly whether the reference is to forced labour of a punitive, educational or corrective nature or whether, on the contrary, it is to the recruitment or mobilisation
of manpower. The distinction has, however, been made in the following summary
of the legislation, which has been mentioned in the allegations or has a bearing
on them.
Punitive, Educational or Corrective Labour performed by Prisoners under Sentence.
*28. Article 137 of the Constitution of the Democratic Republic of Germany,
approved on 30 May 1949 3 , provides that " the execution of punishment is based
on the conception of the educative influence of joint productive labour on those
capable of improvement ".
29. The same concept is advanced in an Ordinance of 3 April 1952 on the
employment of convicts 4 , which lays down in its preamble that " the execution
of punishment is based on the idea of educating persons capable of improvement
through collective and productive work ". The preamble also states that, apart
from giving effect to Article 137 of the Constitution, the purpose of the Ordinance
is to " give convicted persons an opportunity of applying their abilities to tasks
confronting the national economy ". Under Article 1, certain categories of persons
1
2
a
4

See above, p a r a g r a p h 7.
See United Nations document E/AC. 36/4.
See U N I T E D N A T I O N S : Year Book on Human Sights for 1949 (New Y o r k , 1951), p . 78.
Gesetzblatt der Deutschen Demokratischen Republik, No. 4 3 , 8 A p r . 1952, p p . 275-276.

264

KEPORT OF THE AD HOC COMMITTEE ON FORCED LABOTJB

sentenced to be deprived of liberty may, if they consent, be assigned to work in
specified industrial sectors and so become eligible for the remission of part of their
sentences. Article 2 makes such remission conditional upon the convicted person's
conduct being satisfactory and upon his regularly performing the full amount of
work allotted to him. Should he appreciably and regularly exceed this amount,
he may be granted up to one year's remission, subject to his undertaking to work
in the same industrial sector for twice as long as the period remitted, and at least
one year.
30. Under an Ordinance on the punishment of crimes of speculation, dated
22 June 1949 1 , a court may order heavy manual labour in conjunction with a
prison sentence for offences of particular gravity from the standpoint of the reconstruction of the country. This Ordinance was passed, as its preamble states, " with
a view to effectively combating criminal speculation, strengthening the building of
democracy and promoting the development of the peacetime economy ". Article 5
lays down that " the execution of the sentence of imprisonment imposed under
this Ordinance may be accompanied by heavy manual labour".
*31. Since 1950, the execution of sentences in the Democratic Republic of
Germany has been the responsibility of the Ministry of the Interior, under an
Ordinance of 16 November 1950 2 transferring the operations involved in the execution of sentences to that Ministry. According to the preamble, the purpose of this
Ordinance is " to ensure that sentences are uniformly executed in accordance with
the principles enunciated in Article 137 of the Constitution of the Democratic
Republic of Germany ".
* 32. The two new legal texts referred to in Part 1 3 are not yet available to
the Committee.
Compulsory Labour, Direction of Labour, Requisitioning

and Belated Matters.

33. The material available to the Committee includes a number of legal texts
which mention several forms of labour imposed on pain of various penalties, mainly
for the reconstruction of the country, the execution of economic projects, the
combating of natural disasters, etc. These forms of compulsory labour were instituted immediately after the cessation of hostilities when the whole of German
territory was placed under joint Four-Power occupation and they have been maintained, or new ones introduced, under legislation promulgated in the Eastern zone
of Germany by the Soviet occupying power or by the German authorities. This
legislation is summarised below.
Measures taken by the Occupying Power (s).
34. Order No. 3 of the Control Council for Germany, dated 17 January 1946,
on the registration of the population of employable age, the registration of unemployed persons and their placement in employment 4 , lays down in Article 18 that
" in case of necessity the Labour Office has power to place persons in employment
by compulsory direction " . Article 20 institutes penalties in the form of fines not
exceeding 10,000 marks or imprisonment not exceeding one year, or both (in the
case of employers), and fines not exceeding 1,000 marks or imprisonment not
exceeding three months, or both (in all other cases), though Article 19 provides for
an additional punishment, namely, the loss of the right to obtain food ration cards.
1
2

Zentralverordnungsblalt, No. 54, 27 June 1949, pp. 471-472.
Gesetzblatt der Deutschen Demokratischen Republik, No. 133, 23 Nov. 1950, pp. 1165-1166.
* See above, paragraph 12.
» Official Gazette of the Control Council for Germany, No. 6, 30 Apr. 1946, pp. 131-133.

APPENDIX m

: DEMOCRATIC R E P U B L I C OE GEBMANY

265

35. An Instruction, dated 16 May 1947, with regard to the above-mentioned
Order 1 stipulates iu Section I that " the right to direct labour may only be exercised
in urgent cases, i.e., where labour cannot otherwise be obtained for important
projects, such as the punctual execution of orders of the Occupying Power, work in
connection with natural catastrophes, supplying the population with essential
commodities, the maintenance of transport and communications, etc. ". The
Instruction further lays down in the second paragraph of Section I that " the direction of labour is also required to absorb work-shy elements into the process of
economic reconstruction ".
36. An Order No. 234 was issued on 9 October 1947 by the Soviet Military
Administration in Germany 2 in connection with " measures to increase the productivity of labour and further improve the standard of living of industrial and transport workers and employees ". Article 8 provides that " the Governments of the
Lander and the German Labour Offices shall take steps to provide industries and
important construction sites with labour, chiefly by voluntary recruitment, and to
ehminate fluctuations in the labour force, in order to limit to the utmost possible
extent the application of the forced mobilisation of labour envisaged in Control
Council Order No. 3 ".
37. Prior to this Order, Order No. 153 issued on 29 November 1945 by the
Supreme Head of the Soviet Military Administration in Germany 3 conferred on
labour offices, under Article 1 (c), " the right, in case of need, to assign work to
unemployed persons regardless of their occupation ". This principle is more fully
stated in the Directives for the application of this Order, dated 17 December 1945 4 ,
which lay down that " if a labour relationship cannot be established by placement,
the direction of labour shall, under the present Order, be the right and duty of
labour offices ". 5 The Directives also indicate 6 the cases in which an unemployed
person may refuse the work to which he is assigned, namely, if he is physically
incapable of doing it or it is injurious to his health or, in the event of the workplace being away from his place of residence, if no provision has been made for his
board and lodging or if the maintenance of his dependants is thereby endangered.
38. Article 1 (c) of Order No. 153 provides that " persons who evade their
obligation to work shall be denied food ration cards and be held answerable ".
Section IV of the Directives lays down that " those who fail to comply with the
orders issued by labour offices to ensure a supply of labour for the most important
branches of the economy shall be punished : (1) by the withdrawal of their food
ration cards ; (2) by being made to answer for their fault in other ways ".
Ordinance dated 2 June 1948 on the Guaranteeing and Protection of Rights
in the Assignment of Workers.1
39. The purpose of this Ordinance, issued by the German Economic Commission 8 , is to limit the assignment of workers as far as possible. According to
1

Zentralverordnungsblatt,
N o . 3, 13 J u n e 1947, p p . 38-39.
Ibid., N o . 1, 15 J a n . 1948, p p . 1-4.
Arbeit und Sozialfürsorge [Yearbook published b y t h e German Administration of L a b o u r a n d
Social Welfare in t h e Soviet zone, covering t h e period 1945-31 March 1947J (Berlin), p p . 296-297.
'Ibid., p p . 415-422.
11
See t h e second paragraph of t h e section entitled " Ad Article 1 (c) ".
* I n subparagraphs 1, 2 a n d 3 of t h e fourth p a r a g r a p h of t h e section entitled " A d Article 1 (c) " .
' Zentralverordnungsblatt,
N o . 22, 6 J u l y 1948, p p . 255-259.
1
I n issuing this Ordinance, t h e German Economic Commission indicates t h a t i t is m a d e u n d e r
Article 8 of Order No. 234/1947 of t h e Supreme H e a d of t h e Soviet Military A d m i n i s t r a t i o n in Germany.
2

286

BEPOBT O Ï THE AD HOC COMMITTEE ON EOBCED LABOUB

Article 1, " manpower requirements shall be m e t in principle b y w a y of recruitm e n t " . Article 2 lays down t h a t —
(1) The assignment of workers shall be permitted only if voluntary labour is
not available.
(2) The assignment of workers may be resorted to for the following purposes :
(a) to remedy a state of public emergency ;
(b) to fulfil production programmes in essential undertakings ;
(c) to do work for the occupation authorities.
(3) The assignment of workers for any other purposes shall be prohibited.
Article 3 establishes priorities for the supply of manpower. Articles 4 and 5
outline the procedure t o be followed in assigning workers to t h e various undertakings. These articles r e a d —
Article 4: (1) All undertakings or administrations in need of labour shall apply
for it to the local labour and social welfare offices.
(2) Such applications shall be accompanied by data and estimates corroborating
the need for labour.
Article 5 : The labour and social welfare offices shall investigate, before supplying
the workers, whether the full number of workers asked for is required and whether the
undertaking or administration cannot meet the shortage from its own resources. Before
workers are provided or assigned to work outside their permanent place of residence,
the local labour and social welfare offices shall, in consultation with the Free German
Trade Union Confederation, examine the housing facilities and living conditions which
can be provided for such workers.
40. Chapter I I of t h e Ordinance (Articles 7-14), entitled " Assignment ",
lays down t h e conditions a t t e n d a n t u p o n a n y such assignments. According t o
Article 7, " the c o m p e t e n t a u t h o r i t y for a n assignment shall be t h e labour and
social welfare office within whose jurisdiction t h e workers to be assigned have
their domicile or p e r m a n e n t residence " . The length of the assignment is laid
down in Article 8, which s t i p u l a t e s —
(1) Assignments shall be permitted only for a period not exceeding six months.
(2) If the execution of any work referred to in Article 2 of the present Ordinance
extends beyond six months, the Land labour and social welfare office which authorised
the assignments may, with the approval of the German Economic Commission (Central
Administration for Labour and Social Welfare), prolong the period of assignment.
Article 9 of the Ordinance specifies t h a t only men between the ages of 18 and
60 years a n d women between t h e ages of 18 a n d 45 years are t o be liable t o assignm e n t . Under Articles 10 a n d 11, various persons m a y be exempted. Assignments
are m a d e on t h e basis of a n assignment order issued b y t h e labour a n d social welfare
office (Article 12). Annexed t o t h e Ordinance is a copy of a n assignment order form.
According t o Article 13, a p r e m a t u r e termination of a n employment relationship
arising from a n assignment m a y be effected only through the labour a n d social
welfare office which ordered t h e assignment. The need t o continue a n assignment is
k e p t under constant review, as is clear from t h e t e x t of Article 14, which reads—
(1) The labour and social welfare office effecting an assignment shall keep under
constant review the necessity for the continued employment of the person assigned.
If the continued employment of the person assigned is not considered necessary,
the labour and social welfare office competent for the place to which he was assigned

APPENDIX DOC : DEMOCBATIC BEPTTBLIC OF GEBMANY

267

shall terminate the assignment even though the term of the assignment has not yet
ci'iO-Cü..

Article 16 of the Ordinance lays down t h a t every assignee is to be paid a t t h e
scheduled rates in force a t his new place of employment. Articles 17-19 m a k e
provision for the granting of leave a n d the p a y m e n t of travelling expenses, while
later chapters authorise the p a y m e n t of a separation allowance (Articles 20-22) a n d
a hardship allowance if t h e worker's assignment entails a reduction in his earnings
or income (Articles 23-26).
41. Chapter VI, headed " Appeals " , outlines the procedure t o be followed
in t h e event of a n appeal against a n assignment order m a d e b y a labour a n d social
welfare office. Any such appeal, which has suspensive effect, m a y be lodged with a n
appeals board, which sits a t the labour a n d social welfare office, within two days
of t h e order being received. Paragraph 2 of Article 28 lays down t h a t " t h e appeals
board shall hear the oral testimony of t h e appellant a n d shall give him a n opport u n i t y to present written evidence in support of his appeal " .
42. Article 31, regarding punishments, r e a d s —
Persons contravening the provisions of this Ordinance shall be punished by the
court as follows :
(a) in the case of employers, by a fine not exceeding RM. 10,000 and imprisonment
for a term not exceeding one year or by one of these penalties only ;
(b) in the case of persons assigned, by a fine not exceeding RM. 1,000 and imprisonment
for a term not exceeding three months or by one of these penalties only.
4 3 . Article 4 (3) of the First Executive Regulations dated 7 August 1951 t o
give effect to the Ordinance on t h e duties of labour authorities and t h e direction of
labour 1 , mentions the Ordinance of 2 J u n e 1948 in t h e following t e r m s :
Labour departments shall be empowered to assign workers in virtue of the Ordinance
of 2 June 1948 on the guaranteeing and protection of rights in the assignment of workers
(Zentralverordnungsblatt, page 256).
Ordinance dated 12 July 1951 on the Duties of Labour Authorities
tion of Labour.2

and the Direc-

44. This Ordinance introduces changes in t h e recruitment a n d placement of
labour, stipulating in Article 1 t h a t " t h e duties of t h e former labour offices shall
be t a k e n over b y new labour departments t o be set u p within t h e administrations
of the u r b a n a n d rural district councils " . The preamble further orders t h a t t h e
n u m b e r of persons in employment in the national economy is t o reach 7,600,000 in
1955, " which means engaging 890,000 more for employment on production w o r k " .
Article 2 of the Ordinance r e a d s —
I t shall be the duty of the labour departments to—•
(1) (a) determine the reserves of labour, organise the balanced distribution of manpower
between undertakings and arrange for area and inter-area manpower compensation ;
( b ) assist nationally-owned and assimilated undertakings in recruiting labour ;
(c) co-operate in the direction of young workers ;
(d) arrange for the placement of seriously disabled or physically handicapped persons
fit to undertake employment ;
1
2

Qezetzblatt der Deutschen Demokratischen Republik, No. 96, 15 Aug. 1951, pp. 753-758.
Ibid., No. 86, 18 July 1951, pp. 687-689.

268

EEPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOUR

(e) prepare registration cards for persons seeking employment, fix days on which
they must report, and institute a registration system for the supervision of persons
dra-wing unemployment benefits. In rural areas the district council may entrust
such supervision to the burgomasters of the communes ;
(f) ensure, so far as their sphere of duties is concerned, that the legislation is observed.
According to Article 6, " the Ministry of Labour of the Democratic Republic
of Germany shall impose such tasks as are necessary for the execution of the manpower programmes prepared by the State Planning Committee and for the supply
of manpower needed for projects of particular importance to the national economy ".
45. The First Executive Regulations, already mentioned 1 , explain the scope
of the expression " labour reserves " in Article 3, stating that it covers persons
seeking employment, young persons not covered by the Young Workers' Recruitment
Plan, persons drawing relief under the Ordinance of 1 February 1947 on compulsory
unemployment insurance, or receiving assistance benefits, and persons who are
partially incapacitated. Under paragraph (2) of Article 3, all persons of working
age (i.e., men between 14 and 65 and women between 15 and 50 years of age) are
required to register, though under paragraph 5 (ct)-(f) of the same Article, some
persons are exempted, (i.e., members of the liberal professions, self-employed
persons engaged in industry, commerce and handicrafts, schoolchildren and students,
clergymen, women with children under six and, more generally, with persons in
their households who are in need of their attention and, finally, persons unfit for
work owing to some mental or physical infirmity. Paragraph (10) lays down that
" persons seeking employment shall be required to register with the labour department. Should they fail to comply with this requirement, they shall be summoned
to report. "
46. The Ordinance dated 12 July 1951 mentioned above 2, lays down in Article
2 (1) (b) that it is the duty of the labour departments " to assist nationally-owned
and assimilated undertakings in recruiting labour ". As has been mentioned earlier 1 ,
the First Executive Regulations under this Ordinance permit persons to be assigned
to work.
Requisition Ordinance of 21 July 1948.3
47. This Ordinance provides for the requisitioning of property, rights and
services for the reconstruction and development of the economy. Such requisitions
are subject to the limitations imposed by paragraph 2 of Article 1, the text of which
reads as follows :
Requisitions shall be effected only in so far as is necessary to secure a specific
economic purpose, the achievement of which is in the general economic interest or which
is required for the execution of planning measures. Such requisitions shall be effected
only if the purpose cannot otherwise be achieved without an excessive disproportion
between the means and the end and without impairing the rational utilisation of all
available economic resources. The requisition may not exceed the capacity, objectively
determined, of the person required to comply with it.
The Ordinance envisages two cases in which services may be requisitioned,
first, where " t h e owner, manager or other authorised person in charge of an undertaking or of part thereof... may be required to perform specified services for others,
or to enter into legal arrangements with others, which are in keeping with the type
1

See above, paragraph 43.
See above, paragraph 44.
» Zentralverordnungablatt, No. 33, 28 Aug. 1948, pp. 367-372.
2

APPENDIX I H : DEMOCRATIC KEPUBLIC OP GEKMANY

269

of business carried on b y him ", a n d other similar services (Articles 6 a n d 7) and,
•second, where auxiliary services m a y be required, under paragrflph 2 of Article
8, which s t a t e s —
If personal or material services, concessions or omissions should be necessary as
preliminary or accessory to the accomplishment of the purpose of a requisition (development, utilisation of auxiliary resources, access to premises, packing, transport, etc.),
such services may also be required of the person affected and his employees, or of others
whose trades or professions are connected with such services. The person affected
by the principal requisition and his employees shall be bound to carry out such measures,
even if not expressly required to do so, if it can be reasonably presumed t h a t the accomplishment of the purpose would otherwise be unduly hampered or delayed or would
involve unduly great expenditure.
According t o paragraph 1 of Article 8, " requisitions shall be complied with
in the same way, a n d shall give rise t o the same responsibilities, as contractual
obligations ". The Ordinance lays down the detailed procedure t o be followed
in the event of requisitions being necessary and, in Article 30, stipulates t h a t " persons contravening the requirements a n d prohibitions contained in Articles 8, 10
and 13, shall be punishable under t h e penal regulations i n force " .
48. Apart from t h e requisitions mentioned in t h e previous paragraph, Article
25 of the Ordinance makes provision for certain " emergency " requisitions. This
article reads as follows :
( 1) To deal with or avert emergency situations affecting sections of the population,
to meet any sudden vital need of sections of the population or to satisfy any other urgent
public requirements, particularly those of normal public administration, any property
or right whatsoever may be requisitioned under Articles 2 to 4, mutatis mutandis, from
business undertakings and other corporate bodies and physical persons. For the same
purposes, any industrial undertaking and any agricultural or forestry undertaking
may be required to perform specified services, including services outside their normal
sphere of activity, if the said services can be performed with the resources of the undertaking.
(2) The provisions of Article 1, paragraph 2, second and third sentences, and of
Article 10 shall apply, mutatis mutandis, to the requisitions referred to in this paragraph.
49. Requisitioning procedure is described in greater detail in a set of Executive
Regulations dated 4 August 1948 x , which lay down in Article 3 (1), t h a t " requisitions by the German Economic Commission have priority over other requisitions".
Labour
Workers.

Reserves,

Economic

Planning

and

Restrictions

cm the Freedom

50. The Act of 1 November 1951 concerning the Five-Year P l a n for t h e expansion of the national economy of the German Democratic Republic (1951-1955) 2
provides in Article 11 for a series of measures to be t a k e n in connection with the
recruitment a n d training of labour, the raising of its productivity a n d t h e increase
of wages. I t further stipulates t h a t t h e n u m b e r of persons t o be employed in the
national economy is t o reach 7,100,000 in 1955 a n d t h a t every citizen of the Republic
" is in d u t y bound to do his utmost in this great, historical, constructive work " .
(Article 23, paragraph 5).
1
2

Zentralverordnungablatt, No. 33, 28 Aug. 1948, pp. 373-374.
Gesetzblatt der Deutschen Demokralischen Bepublik, No. 128, 8 Nov. 1951, pp. 973-991.

270

REPOBT OF THE AD HOC COMMITTEE OK FOBCED LABOUR

51. Several texts published prior to the appearance of the Five-Year Plan
contain general provisions relating to an expansion of the labour force and to increased production in various branches of the national economy, though always
in connection with the fulfilment of economic plans or programmes. Examples
may be found in the following texts : an Ordinance dated 15 June 1948 on the
establishment of control commissions attached to the German Economic Commission
and in the Lander of the Soviet zone of occupation 1 , an Ordinance dated 30 March
1949 on the National Economic Plan for 1949, the first year of the Two-Year Plan 2 ,
an initial set of Regulations dated 6 June 1949 containing instructions concerning
the execution of the building programme for machinery lending stations 3 , an
Ordinance dated 20 November 1948 on supplies for colliery workers 4 , an Act
dated 27 September 1950 on the protection of mothers and children and the rights
of women 5 , which refers to women in employment, a Labour Act dated 19 April
1950 to encourage and protect the labour force, increase the productivity of labour
and continue the improvement in the material and cultural conditions of employees
and workers.6 This Act deals with the systematic expansion of labour productivity
and the planned use of manpower ; it stipulates that measures are to be taken to
recruit women who are not gainfully employed and that " all undertakings and
administrations shall fill posts as far as possible with women " (Article 27, paragraph
1). I t also lays down that the vocational training of young men and women is
to be governed by separate legislation.
The Situation in Practice
Existence of Compulsory Labour.
52. The representative of the American Federation of Labor referred to allegations made by Dr. Fritz Löwenthal, a former member of the German communist
party, to the effect that forced labour existed in the Soviet zone of Germany.
Dr. Löwenthal has produced a document entitled " Forced Labour in Eastern
Europe and the U.S.S.R. A Partial Survey by the Commission of Inquiry into
Forced Labour " 7 , and also a book the English translation of which was published
in 1950.8
*53. In the first of these documents, Dr. Löwenthal states that "forcedlabour
in general has assumed huge proportions throughout the Russian occupation zone.
It is used principally in dismantling plants for shipment to Russia, and in building
dams and harbours which have strategic as well as industrial value to the Soviet
Union. " I t is also, and more particularly, used for the extraction of pitch-blende ;
Dr. Löwenthal states t h a t " like the forced labour in Hitler's armament industries
during the war, work in the mines is arranged through placement orders of the
labour officials, without consideration for the workers' health, occupation, or family
circumstances ".
54. Dr. Löwenthal's publication News from Soviet Germany asserts that
forced labour is a legalised institution in Eastern Germany and maintains that it is
generally the German authorities who forcibly recruit the workers, who are subse1

Zentralverordnungsblatt,
N o . 21, 29 J u n e 1948, p p . 240-241.
Ibid., N o . 27, 16 Apr. 1949, p p . 221-225.
"Ibid., N o . 56, 2 J u l y 1949, p p . 492-494.
* Zentralverwaltungsblatt,
N o . 57, 15 Deo. 1948, p p . 557-558.
6
Gesetzblatt der Deutschen Demokratischen Republik, N o . I l l , 1 Oct. 1950, p p . 1037-1041.
'Ibid., No. 46, 28 Apr. 1950, p p . 349-355.
' Submitted t o t h e Economic a n d Social Council on 24 F e b . 1950.
B
F . L Ö W E N T H A L : News from Soviet Germany, t r a n s l a t e d b y E . Fitzgerald (London, 1950), 344 p p .
2

A P P E N D I X I I I : DEMOCRATIC R E P U B L I C OP GERMANY

271

quently assigned to labour directed either by the Soviet occupation authorities
or by the German administration itself. Tfc reTjrndnces several nlacement orders
issued by the German or Soviet authorities, requiring German citizens for forced
labour in various parts of the country, particularly in Aue.1
55. During his statement at the Tenth Session of the Economic and Social
Councila, the representative of the United States of America referred to an article
published by the Rheinische Zeitung on 10 January 1950 under the heading " The
Slaves of Aue—On the Mining of Uranium for Soviet Atomic Weapons ". This
article deals mainly with the way the uranium deposits are being worked in the
Aue region and states that in the guise of voluntary enlistment there is a veritable
system of compulsory recruitment for the Aue mines. The article points out that
it is merely summarising a booklet published by the German Social Democratic
Party.
56. During his statement at the Eleventh Session of the Economic and Social
Council s , the representative of the United States of America referred to a document
on the Aue mines published by the German Social Democratic Party and also quoted
the text of an assignment order for work in Aue. The document in question is
apparently a booklet published by the SOPADE Informationsdienst.4 It mentions
that the men, women and young people working in the Erzgebirge mines are either
drafted, mostly under Order No. 3 of 17 January 1946, issued by the Allied Control
Council for Germany 5 , or engaged on the basis of contracts of employment. The
pamphlet further alleges (page 55) that, until the end of 1948, women were also
forcibly recruited for the mines.
57. References are also made in the material submitted to the Committee
to the deportation of Germans to the Soviet Union for forced labour. Dr. Löwenthal's book News from Soviet Germany maintains that German specialists,
technicians, engineers, etc., have been forcibly recruited and sent to the U.S.S.R.,
the deportation of specialists on a large scale having begun in the autumn of 1946.
The booklet Der Uranbergbau in der Sowjetzone alleges that 700 workers, accused
of various offences, have been deported to forced labour camps in the Soviet Union.
The document " Deportations for Forced Labour to the Soviet Union " 6 speaks
of the deportation to the Soviet Union of " thousands of Germans, especially women,
from the territories now under Polish administration, from East Prussia, West
Prussia, Upper Silesia and Lower Silesia ".
58. The Committee of Free Jurists has submitted photostat copies of three
documents in the case of a man assigned to work in the Aue mines under the Ordinance of 2 June 1948. The first document, dated 28 March 1950, was issued by
the labour office at Löbau, Saxony, and records the rejection of the worker's appeal
against his assignment order by the appeals board of the labour office. The second,
issued by the same authority, is dated 30 March 1950 and informs the worker of
the board's decision, ordering him to report for the employment to which he has
been assigned. The third document records the judgment of a court passed at
Ebersbach, Saxony, on 23 January 1951, sentencing the worker to four weeks'
1

See News from Soviet Germany, p p . 176-181.
-XJ'STriST! JTATIOXS, Economic a n d Social Council, 10th Session, 366th m e e t i n g : Official Records,
p a r a g r a p h 3.
3
Idem, 11th Session, 413th meeting : Official Records, p a r a g r a p h 29.
4
Der Uranbergbau in der Sowjetzone (Hanover).
6
See above, p a r a g r a p h 34.
6
Submitted by t h e International Confédération of Free Trade Unions (see U n i t e d X a t i o n s document
E/AC. 36/4).

272

R E P O B T O F T H E AD HOC COMMITTEE ON FORCED LABOTTE

imprisonment under Control Council Order No. 3 of 17 January 1946 and the Ordinance of 2 June 1948 for failing to comply with an assignment order.
59. Another photostat copy submitted by the Committee of Free Jurists is
that of a Circular-Order No. 8/VI(1949) issued by the Minister of Justice of the
Brandenburg Land Government on 22 December 1948. This document reminds
the judicial authorities of the penalties to which offenders against certain labour
Ordinances are liable, particular mention being made of the penalties prescribed
by Article 31 of the Ordinance of 2 June 1948.
60. A number of photostats have also been submitted by the Committee of
Free Jurists reproducing documents which refer to the direction of labour under the
Ordinance of 12 July 1951. One, produced by the Greifswald Labour Office on 2
August 1951, and addressed to the head of an undertaking, states—
Under Article 6 of the Ordinance of 12 July 1951 . . . the Ministry of Labour of the
Democratic Republic of Germany and the Central Labour Departments of the Länder are
empowered to require undertakings to release workers for purposes of particular importance to the national economy. To meet the July and August target, your undertaking
is required to release two fully employable and healthy workers for the basic materials
industry.... The Labour Office will visit every undertaking both to assure itself of the
progress being made in the recruitment and also to direct it.
Another of these photostats, also referring to Article 6 of the Ordinance of 12
July 1951, is a copy of a note sent to the head of an undertaking by the labour
department of the district council of the Gotha Land District. I t is dated 4 September 1951 and, while pointing out the aim of Article 6 of the Ordinance and indicating
the number of workmen required of the undertaking, explains that : " The meeting
of manpower requirements in the basic materials industry is an outstanding contribution to the maintenance of peace. I t is the duty of the heads of undertakings
to release men to fulfil their personal, national obligations and to convince them
of the need for labour in the basic materials industry. " Similarly, another photostat, the original of which was, according to the letter-head, sent to the director
of an undertaking on 2 August 1951 by the Gotha Labour and Social Welfare Office,
explains in the same context that : " In the struggle for peace, the basic materials
industry, headed by the Wismut Company, is performing a national duty of the
utmost significance ".
61. Another photostat copy submitted by the Committee of Free Jurists reproduces a document dated 19 July 1950 bearing the heading of the Gotha Labour
and Social Welfare Office.
This document contains an extract from the labour
plan of the Thuringian Land Government prepared in execution of the Act of 19
April 1950. This plan provides for an employment survey to be made " in order
to effect economies in the able-bodied male labour force and to release men for
employment in the key industries and, more particularly, the mines". I t is stated
that labour so released " is to be placed at the disposal of the Labour and Social
Welfare Office. The vacancies created are to be filled by women and by men not
fully employable."
Existence and Location of Camps.
62. The First Executive Regulations, dated 23 December 1950, under the
Ordinance to transfer the operations involved in the execution of sentences to the
Ministry of the Interior of the Democratic Republic of Germany 1 , list a number
1
Sammlung von Gesetzen und Verordnungen aus der Sowjetischen Besatzungszone Deutschlands compiled b y the Federal Ministry for M a t t e r s concerning Germany as a Whole, No. 8, F e b . 1952, p . C IV/4.

APPENDIX i n : DEMOCRATIC BEPUBLIC OF GEB3IA2TY

273

of " l a b o u r camps a n d places of d e t e n t i o n " transferred t o the Ministry of t h e Interior
on 1 J a n u a r y 1951.
63. I n his book News from Soviet Germany, Dr. Löweathal mentions a
number of labour camps in the five Eastern German Lander.
H e locates t h e m
a t Hohensehenau, Frankfort-on-the-Oder, Jamlitz near Lieberose, Forst, Torgau,
Roitsch-Bitterfeld, Muehlberg-on-the-Elbe, Bautzen, Altenhain, Stern-Buehholz
near Schwerin, Buchenwald, Ketschendorf near Beeskow a n d elsewhere. H e maintains t h a t there are 13,000 prisoners in a camp a t Neubrandenburg a n d 16,000 in t h e
camp a t Muehlberg. Dr. Löwenthal states t h a t the forced labour he describes covers
t h e regions of Oberschlema, Sehneeberg, Aue, Zschorlau, Marienberg, Brambach,
Kunersdorf, Schmiedeberg, Annaberg, Buchholz, Gronau, a n d Johanngeorgenstadt.
H e estimates t h e number of workers in t h e uranium mines a t m a n y thousands.

Additional Material
Addition

to Paragraph

28.

An Act concerning the organisation of t h e courts of t h e Democratic Republic
of Germany (Court Organisation Act) dated 2 October 1 9 5 2 1 gives the following
definition of the tasks of the judiciary in Article 2 :
(1) The application, of the law by the courts of the Democratic Republic of
Germany shall serve the building up of socialism, the unity of Germany and peace.
The objects of the application shall be—
(a) to protect the social and State order founded on the Constitution of the Democratic Republic of Germany, and its legal order ;
(b) to protect and foster the foundations of the socialist economy, especially socialist
property and the national economic plans ;
(c) to protect the constitutional interests of political, economic and cultural organisations ;
(d) to protect the lawful rights and interests of citizens.
(2) Through their application of the law, the courts of the Democratic Republic
of Germany shall educate all citizens to behave responsibly and observe the law
conscientiously in their work and private lives.
An Act concerning the procedure followed in criminal cases in the Democratic
Republic of Germany (Code of CHminal Procedure) dated 2 October 1952 2 states
in Article 2 t h a t —
Cirirninal procedure shall be an education in respect for socialist law, in respect
for socialist property, in labour discipline and in democratic vigilance.
Addition

to Paragraph

31.

Article 336 of the new Code of Criminal P r o c e d u r e 3 reads—
(1) The execution of penalties shall be the concern of the German people's police.
The Publie Prosecutor shall supervise the execution of penalties.
1
Gesetzblatt der Deutschen Demokratisehen
%
Ibid., No. 142, 11 Oct. 1952, pp. 996-1029.
5

See preceding paragraph.

Bepublik, No. 141, 9 Oct. 1952, pp. 983-988.

274

REPOBT OF THE AD HOC COMMITTEE ON TOBCED LABOUB

(2) The Public Prosecutor shall institute the execution of a penalty on the basis
of a certified copy of the sentence, to be communicated by the registrar, accompanied
by a certificate t h a t the penalty is executable.
(3) The implementation of all types of penalties (their execution) shall be governed
b y the Bules for the Execution of Penalties.
Addition

to Paragraph

32.

According t o t h e n e w Code of Criminal Procedure, " under accelerated procedure, a court m a y order deprivation of liberty for a m a x i m u m of one year or corrective labour " (Article 232). On t h e other hand, the same Code makes provision
for punishment t o be imposed b y order of a judge. The relevant articles read as
follows :
254.

Premises.
(1) On the written demand of the Public Prosecutor, a district court may, without
conducting a full hearing, issue an order inflicting punishment in the form of deprivation
of liberty for a maximum of six months or corrective labour, in the case of crimes, and,
in the case of minor offences, corrective labour and a fine.
(2) The demand shall be presented only if there is no serious doubt as to the
commission of the deed and the guilt of the offender.
(3) I n addition to the main penalty, it shall be permissible to order the confiscation
of articles, a fine, a restriction of place of residence and the publication of the decision.
256. Content of the Order inflicting
(a)
(b)
(c)
(d)

(1)
the
the
the
the

Punishment—Appeal.

The order inflicting punishment shall indicate—
crime or offence ;
penal law applied ;
evidence ;
penalty imposed.

The order shall further indicate t h a t it becomes executable if the accused, within
a week of being notified of it, does not submit an appeal to the district court, either in
writing or b y an entry in t h e record of the registrar.
(2) The right to appeal may be relinquished before the period has expired.
258. Procedure subsequent to an

Appeal.

(1) If an appeal is submitted in due time, the district court shall arrange for a full
hearing. Until it opens, t h e accused may withdraw his appeal.
(2) In its decision, t h e court shall not be bound by the judgment embodied in the
order inflicting punishment.

For minor offences, t h e German people's police are also empowered t o impose
various penalties. U n d e r Article 328—
(1) In respect of minor offences, the authorities of the German people's police
shall be empowered to order the imposition of a penalty for which provision has been
made in penal law.
(2) The German people's police may only impose fines u p to a maximum of
150 DM or, in substitution for a fine which cannot be collected, corrective labour u p
to a maximum of three weeks and the confiscation of individual articles.

APPENDIX i n : HUNGARY

275

(3) The order inflicting punishment must indicate-—•
'¿ho offence ;
the penal law applied ;
the evidence ;
the penalty imposed.
I t shall further contain an indication of what legal remedy is open.
(4) The following shall be the legal remedies against orders inflicting punishment
issued by the German people's police, the choice being left to the person penalised :
(a) a complaint, as authorised by administrative law, lodged with the higher authorities of the German people's police ;
( b) an application for a judicial decision by a district court.
(5) As regards the interruption of limitation, an order inflicting punishment shall
operate like a judicial action.
(a)
(b )
(c)
(d)

Article 5 of the Introductory Act to the new Code of Criminal Procedure *
provides that—•
Until such time as a new Penal Code is issued, detention for a maximum of six
weeks shall be ordered in substitution for the corrective labour for a maximum of three
weeks for which provision has been made in Article 328 of t h e Code of Criminal
Procedure.
The Committee has no evidence t h a t a new Penal Code h a s entered into force.
Addition

to Paragraph

S3.

A Notice dated 30 December 1952, containing provisions governing technical
safety measures a n d the protection of workers engaged in mining a n d quarrying
was promulgated on 3 F e b r u a r y 1953. 2
I t contains numerous provisions ensuring improved protection a n d satisfactory
health conditions for workers engaged in mining a n d quarrying.

HUNGARY

Summary of Allegations and of the Material Available to the Committee
I . ALLEGATIONS

1. Allegations relating t o H u n g a r y were submitted t o t h e Committee in
memoranda or made in oral statements during its Second a n d Third Sessions by—
(1) t h e International Confederation of Free Trade Unions, i n a m e m o r a n d u m
dated 30 April 1952 a n d in a statement by its representative a t t h e Second Session
of t h e Committee ;
(2) t h e International
Federation of Free Journalists, i n memoranda dated
4 October 1951 a n d 24 March 1952, i n memoranda submitted a t the Third Session
of t h e Committee, a n d in statements b y its representatives a t t h e same session ;
1

Qezetsblatt der Deutschen Demokratischen Republik, No. 142, 11 Oct. 1952, p. 995.
»Ibid., No. 15, 3 Feb. 1953, pp. 209-248.

276

BEPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

(3) the International League for the Rights of Man, in memoranda dated 15
April, 18 June and 5 November 1952 and in statements by its representatives when
heard by the Committee ;
(4) the Christian Democratic Union of Central Europe, in a memorandum
dated 28 May 1952 ;
(5) the Hungarian National Council, in a memorandum dated 29 May 1952
and in statements by its representatives at the Second Session of the Committee ;
(6) a private individual in a letter to the Committee dated 24 March 1952.
2. In addition, the Director-General of the International Labour Office
brought to the attention of the Committee a communication dated 22 October 1951
which he had received from the General Confederation of Labour of the Argentine
Republic relating to conditions in Hungary.
3. Briefly, it is alleged in these documents and statements that—
(a) forced labour exists in Hungary both de facto and de jure and can be
exacted either by the administrative authorities from persons whom they hold
in custody or in detention or by virtue of a decision taken by a court of law ;
(b) such forced labour has two aims : (i) to correct the political views of persons who are opposed to the regime, or even to achieve their gradual extermination,
and (ii) to help fulfil the country's economic plans ;
(c) apart from the forced labour which exists inside the country, forced
labour is exacted from Hungarians resident outside its present frontiers ;
(d) mass deportations have taken place in Hungary, their object being (i)
to transfer Hungarian citizens to the Soviet Union for forced labour, and (ii) to
transfer Hungarian citizens from one place of residence to another, forced labour
being required of them in the majority of cases ;
(e) many forced labour camps have been opened ;
(f) forced labour has assumed considerable proportions, tens and even hundreds of thousands of citizens being affected ;
(g) free workers have been subjected to a number of restrictions which have,
in fact, transformed all work into forced labour.
4. The main allegations are summarised below.
Forced Labour in General and the Aspects it Assumes
5. The International Confederation of Free Trade Unions referred to Act
No. I I of 1939 and Decrees Nos. 8130 M.E. and 760 B.M. of 1939 which empower
the police to take persons into custody or internment without court proceedings.
I t further stated that these texts codified certain earlier Decrees and Acts.
6. The International Federation of Free Journalists stated that " work and
services were exacted from people under the threat of punishment " though they
had " not offered their services voluntarily ". I t further alleged that—
The Council of Minister's Order issued on 2 February 1951 appoints work conditions
for internees and for persons condemned to loss of liberty by special court order....
Various judgments of court orders prove that people condemned for short or long
periods of loss of liberty for having committed otherwise insignificant offences are those
who are considered the enemies of the régime or have an alien attitude towards it. The
intention to get cheap labour from these layers of society is obvious....

APPENDIX I I I : HiraGABY

277

Public administration in the Hungarian People's Democracy tries to increase
the number cf forced labourers in the following ways :
(a) When recruited for compulsory military training, politically untrustworthy
elements are sent to work-brigades instead of to the armed forces.
(b) Desertion of the working-place or slack work accomplishment are punishable
by court order with loss of freedom or reformatory work. According to a decision made
by the Budapest Highest Court some time this year judges are not compelled to refer
to any law or legal Order when passing judgment on such offences. The above mentioned are in themselves punishable deeds.
(c) Por slack work accomplishment or anti-democratic attitude juveniles are
often condemned to several months of forced l a b o u r . . . .
(d) Persons deported b y public administration are either directly (e.g., in the
Hortobagy work camp) or indirectly (in order to secure their own living) forced to do
agricultural work.
The Federation also states that—•
Most of the forced labour workers reach the forced labour camps without any
court sentence. The police arrest them, then intern them. The internment order pays
little attention to chapter and verse. Old Deerees of the Ministry of the Interior are
used.
7. The International League for the Rights of Man referred t o a n u m b e r of
legal texts introducing w h a t it called " confinement without trial ". Some were
issued before t h e F i r s t World W a r {e.g., Law No. X L I I I of 1912 on extraordin a r y dispositions in case of war (Section 6) a n d Law No. L of 1914 (Section 10)
amending this Law, a n d numerous Decrees issued between 1912 a n d 1922 in connection with this legislation). The organisation mentioned L a w N o . I I of 1939
on home defence, which was promulgated on 11 March 1939 a n d superseded L a w
No. X L I I I of 1912 a n d its amendments. I t also referred to Section 150 of Law
No. I I of 1939, Decree No. 8130 of 1939 M.E. on local banishment a n d police
surveillance or police custody and Decree No. 760 of 1939 B.M. of t h e Minister
of t h e Interior. I t alleged t h a t —
. . . a perusal of available sources of Hungarian law discloses no specific Act of the
Hungarian Government issued after the Armistice of 1945 which would provide expressly
for arrest and confinement without trial and would involve only police authorities.
Nevertheless, no Decree has been issued to repeal the pertinent provisions of Law No. I I
of 1939.
The organisation further stated t h a t , after the Second World W a r , a n u m b e r
of Decrees mentioned police surveillance a n d police custody (internment) as existing
institutions a n d quoted the following texts :
(a) Decree No. 3280 of 1946 M.E. on t h e supervision of flour mills connected
with public supply (Section 6 (3) of which refers to police surveillance or custody
(internment)) ;
(b) Decree No. 7000 of 1945 of t h e Prime Minister (Section 24 (5) of which
refers to police custody (internment)) ;
(c) Decree N o . 4000 of 1945 M.E. of t h e Prime Minister on t h e regulation
of compulsory work for reconstruction purposes (Section 25 (5) of which refers
to police custody (internment)) ;
(d) Decree No. 7460 of 1945 M.E. of t h e Prime Minister on t h e election of
members of t h e Municipal Assembly of t h e capital city of B u d a p e s t (Section 5
(5) of which refers to police custody (internment)) ;

278

BEPOBT OF THE AD HOC COMMITTEE ON FORCED LABOUB

(e) a summons a p p e n d e d to Decree No. 3800 of 1946 U.M. of t h e Minister
of Reconstruction t o enforce Decree N o . 7000 of 1945 M.E. (which refers to
police custody (internment)) ;
(f) Decree No. 274000 of 1949 B.M. of the Minister of t h e Interior on
changing the organisation of t h e police forces (Section 3 (1) of which refers to
police surveillance a n d police custody (internment)) ;
(g) Ruling N o . 11 of the Supreme Court of the Hungarian People's Republic (which refers t o persons being t a k e n into custody b y t h e police authorities
(internment) a n d t o police surveillance) ; a n d
(h) Decree L a w N o . 31 of 1950 on t h e election of local councils (Section 5 (c)
of which refers t o police custody (internment) or police surveillance).
I n addition, t h e League m a d e t h e following statement :
The provisions of all the Decrees on internment leave no doubt that the imposition
of police custody is a m a t t e r within the discretion of the police authorities, and t h a t
the Minister of the Interior is the last resort in such cases. There has never been any
provision for recourse t o the regular courts. There are no specific rules of procedure.
There is no provision for the maximum period of custody. Internment proceedings have
always been directed against persons who have not committed any specific offence
but have only been under suspicion. This is clearly shown by the text of the statutes.
The multitude of newly created crimes in post-war Hungary provides ample opportunity
to imprison those not in sympathy with the spirit of the People's Democracy.
There is no doubt t h a t the institution of internment has not ceased t o exist in
Hungary as the exclusive weapon of the police and its head, the Minister of the Interior,
because a statute referring t o internment (Decree Law No. 31 of 1950 on the election
of members of local councils) was promulgated as recently as 6 August 1950.
The representative of the League alleged t h a t —
The internment camps were legalised as far back as 1939 when wartime measures
were adopted. I n 1939, partly by reason of the war and partly by reason of growing
nazi influence, the previous laws were codified in Law No. I I of 1939. . . . After that,
two implementary Decrees were published... Decree No. 8130 of 1939 . . . [and] . . . Decree
No. 760 of 1939.
This latter Decree was quoted as being—
. . . the rule of the present deportations and concentrations. . . . The concentration
camps thus established were not intended to be forced labour camps, but merely detention camps, but now, under the same law, forced labour is superimposed on detention.
8. The Christian Democratic Union of Central Europe referred t o a resolution
passed b y the Supreme Court of H u n g a r y in J a n u a r y 1952 whereby " those who
violated labour discipline without harbouring a n y harmful intentions are t o be
sentenced t o corrective forced labour " .
9. The Hungarian National Council s t a t e d t h a t several hundreds of thousands
of persons were subjected t o forced labour in H u n g a r y a t the present time. I t
also asserted t h a t t h e régime detained persons in forced labour camps without
a court sentence. I t referred t o t h e different types of persons liable to forced labour,
viz., those sentenced t o forced labour b y a court of law, those punished with forced
labour for some minor disciplinary mistake, a n d lastly " internees ", persons evicted
from their homes a n d " internal deportees ", all compelled t o work as a result of
decisions b y t h e administrative or police authorities. In support of these allega-

APPENDIX m : HinreABY

279

tions it referred to various legal texts, e.g., Section 10 of Law No. 7, 1946, Section
2 of Decree No. 4, 1950, a Decree of 10 March 1952 (No. 3781) ordering the total
mobilisation of manpower, as well as to numerous press articles and other Hungarian
publications. The Council also mentioned a news item sent from Budapest on
7 August 1951 and published on 8 August 1951 in the Paris edition of the New
York Herald Tribune. This reported the official attitude of the Hungarian Government as given in a radio commentary and in an editorial in Szabad Nép, the organ
of the Hungarian Workers' (Communist) Party. The New York Herald Tribune
stated that : " the Hungarian Government... used the laws passed by the Horthy
régime in 1939, which empowered the Government to banish from the capital
persons who were regarded as a ' hazard to public safety and order ' ".
Purpose of Forced Labour
10. The International League for the Bights of Man referred to forced labour,
which, disguised as " correctional work ", is imposed to rectify " the political opinions
or ideological deviations of those who differ from the Government of the State at
a particular time ". I t also stated that forced labour had been introduced to meet
" the insatiable demands of the State economy ", a close relationship being established in this way between the forced labour system and the Five-Year Plan. I t
asserted that forced labour was originally introduced as a means of punishment
and political oppression, but that since 1950-1951 it had become " a factor of
production to be reckoned with ".
The League also alleged that the Five-Year Plan as drawn up for Hungary
on 2 April 1949 was designed to increase industrial production to 130 per cent, of
the pre-war level and that " the increase in production called for by the Plan [which
was brought into force on I January 1950] was directly related to the coerced direction of labour, because an unprecedented increase in the number of workers was
required to achieve the new production goals ". I t was further stated that " early
in January, Zoltan Vas, head of the Hungarian Planning Bureau, himself set the
target for 1951 : the recruitment of 200,000 new industrial workers ".
11. The Hungarian National Council stated that many persons were sentenced
to forced labour for political crimes and that peasants were directed into factories
and compelled to work.
I t referred to the aims of the new Five-Year Economic Plan and stated that
forced labour was largely employed for its fulfilment. I t also emphasised that
anyone who " seeks to alter the present form of government without violence, by
way of free elections, by constitutional means which are indisputably free to every
citizen in the free world, anyone who criticises the existing system... can be sentenced to from five to ten years' forced labour ". I t also referred to workers sent
to forced labour for " corrective purposes ". Almost all " internees ", " internal
deportees " and persons evicted from their homes for political reasons were obliged
to work.
Forced Labour outside Hungary
12. The Hungarian National Council stated that, as far as Hungary was
concerned, there were two main categories of forced labour, one inside the country
and the other outside. Referring to forced labour outside Hungary, it asserted that,
out of a total of 620,000 Hungarians (325,000 prisoners of war and 295,000 civilians)
deported to the U.S.S.R. by the Red Army, only 251,000, comprising both civilians
and prisoners of war, had been repatriated, which meant that 369,000 still remained

280

BEPOBT OF THE AD HOC COMMITTEE ON FOBCED LABOUB

outside the frontiers of Hungary. Allowing for deportees of Hungarian nationality
living outside the present boundaries of Hungary (whose numbers were estimated
at 150,000), there still remained 110,000 prisoners of war and 109,000 civilians
detained in the U.S.S.R. Referring more specifically to the territory of " CarpathUkraine ", the Council stated that 80,000 Hungarians, or about two-thirds of the
total Hungarian population of the area, were deported in the first two months of
Russian occupation and that, by now, there were no Hungarians left at all. It
asserted that about 5,000 Hungarians had been deported from former Hungarian
territory now under Czechoslovak administration. I t also mentioned " a very
serious situation among the Hungarians in Transylvania ", stating that " 16,000
Hungarians from Transylvania were deported to do forced labour " mostly to the
mouth of the Danube to build the new Danube-Black Sea canal. I t also referred to
the material contained in a publication which contains what purport to be accounts
of the experiences of Hungarians in detention in the Soviet Union. 1
13. The International Federation of Free Journalists made a similar allegation.
14. The General Confederation of Labour of the Argentine Republic referred to
mass deportations of Hungarian workers to the Soviet Union.
Internal Deportations
15. The International Federation of Free Journalists referred to the mass
evacuation of citizens from Budapest and, later on, from all parts of the country
which allegedly started on 21 May 1951. I t cast doubts upon the figure of 924 aristocratic and fascist families quoted by the Hungarian Government on 17 June 1951
as representing the number of persons who had been deported, and spoke of " about
50,000 newly evicted and interned persons since 31 May 1951 ", stating that all
classes of society had been affected by these measures.
16. The International League for the Rights of Man stated that " the policy of
liquidating ' kulaks ', right-wing socialists, middle-class members, former State
employees, ex-soldiers and aristocrats reached a new stage in May 1951, when mass
deportation was begun. Until 1 July 1951, the number of deportees approximated
35,000 and is now estimated at 76,000."
17. The Hungarian National Council referred to political detention, stating
that 17,200 persons had been detained in March 1951, and that, by August, the
number had risen to 44,000. In addition, 30,000 persons living on the Yugoslav
border had been moved to other areas. The Council also maintained that, up to the
present time, about 80,000 persons regarded as being politically unreliable, particularly citizens from Budapest, had been sent away to the smaller towns and villages.
In addition, 60,000 persons had been moved from the rural areas to the cities and
100,000 others were due to follow them in 1952. Information on the deportations,
the living conditions of the deportees, etc., is given in a booklet called Genocide by
Deportation a , which reproduces several articles and press reports taken, for example,
from The Economist of 4 August 1951 (pages 31-32 and 88), the Daily Telegraph
of 29 August 1951 (pages 48-49), the New York Times of 16 June 1951 (pages
82-83), 20 June 1951 (pages 83-84), 10 July 1951 (pages 84-85) and 2 August 1951
1
White Booh concerning the Status of Hungarian Prisoners of War illegally detained by tlte Soviet
Union and of Hungarian Civilians forcefully deported by Soviet Authorities, published by the P.W. Service
of Hungarian Veterans, edition Hungária (Bad Wörishofen, Germany, 1951), 116 pp.
a
Genocide by Deportation, An Appeal to the United Nations to Enforce the Law, published by the
Hungarian National Council (New York, 1951), 131 pp.

APPENDIX I I I : HUTSTGARY

281

(pages 85-86), the Washington Post of 3 August 1951 (pages 86-88), the Mancliester
Guardian of 7 July 1951 (page S9), the Neue Zürcher Zeitung oí 28 June 1951
(page 90), etc. All this material relates to the deportations which, allegedly, began
in May 1951 and ended in July the same year, " bringing the total number of
expulsions to 65,000 " according to the New York Times of 2 August 1951. The
publication Genocide by Deportation also reproduces official statements made by
Western statesmen on these deportations (pages 56 et seq.). The Council also
referred to a publication 1 which reproduces a map of " Deportational communities in Hungary ".
Forced Labour Camps
18. The International Federation of Free Journalists, the International League
for the Bights of Man, the Christian Democratic Union of Central Europe and the
Hungarian National Council all referred to the number and location of forced
labour camps in Hungary.
19. The International Federation of Free Journalists alleged that—
In all parts of the country, forced labour is done in four kinds of institutions :
(1) in regular prisons ; (2) in internment camps ; (3) in temporary work-camps established
according to necessity ; (4) in villages or camps where deportees have been accommodated.
The Federation further produced the names of some prisons and camps where
forced labour was allegedly performed.
Number of Forced Labourers
20. The International Federation of Free Journalists asserted that—•
According to expert and reliable estimates, at least 260,000 to 300,000 persons
languish in Hungary today in direct forced labour, in prisons, internment camps, in
temporary work-camps, on the territory of villages for deportees or camps for t h e m . . . .
This number, of course, does not include those who perform reformatory work in their
old places of work, which is also a form of forced labour. Without exaggeration, it
can be stated that the greater part of the population really performs forced labour.
21. The representative of the International League for the Rights of 31an
stated that " a very moderate estimate " for the number of forced labourers in
Hungary was about 120,000.
22. The Hungarian National Council stated that several hundreds of thousands
of persons were subjected to forced labour ; this number included most of the
" internees " and the vast majority of the 70,000 persons deported from Budapest,
In addition, it alleged that a large number of peasants were being forced to work
in factories. It furthermore maintained that there were 314,000 forced labourers in
Hungary, of whom 206,000 were " new additions ", i.e., persons subjected to forced
labour since May 1951. Their numbers included 15,000 persons sentenced by the
courts, 35,000 and possibly 40,000 " internees ", and 50,000 deportees, not to
mention the 30,000 persons evicted from the Yugoslav border. In addition,
3,000 persons had been ordered to perform corrective labour, 36,000 high-school
1
Black Booh concerning the Mass-deportations in Hungary, published by the P.W. Service of Hungarian Veterans, edition Hungária (Munich, 1351), 53 pp.

282

BEPOBT OF THE AD HOC COMMITTEE OH FOBCED LABOUB

and 20,000 university students had been assigned to four months' forced labour,
60,000 peasants had been sent to work in factories, and their number was to be
increased to 100,000.
Restrictions Imposed on Workers
23. The International Federation of Free Journalists mentioned the transfer of
workers to other districts and the introduction in 1945 of obligatory labour service
for all men between 18 and 60 years of age and for all women between 18 and 50.
It also referred to the promulgation of a new Labour Code in 1951, which instituted
compulsory labour service for all citizens aged between 14 and 50. I t stated—
According to Decree 161/1951, issued by the Council of Ministers, a workman who
leaves his place of employment of his own volition may take up a new job only through
an employment agency, whether he seeks employment immediately after quitting or
within six months. Also any person who persuades a worker to exchange his present
job for another is guilty of a criminal action and is subject to imprisonment of up to
six months.
24. The Christian Democratic Union stated that, since the present regime
wanted to employ about 230,000 workers in industrial production, the rural councils
had been instructed by a confidential Decree (No. 3781/51/52) to register all
persons living in rural districts so that " surplus agricultural workers " could be
sent into the factories. I t further stated that workers were legally bound to their
workshops ; Decree No. 2000/1950 had imposed the first restrictions on the
workers' right to change their jobs, while another Decree on the recruitment of
manpower issued in February 1951 had curtailed their right to choose their places
of employment. According to Decree 161/1951, workers leaving their workplaces
of their own volition were only allowed to find new jobs through an official
employment agency, and persons who persuaded workers to abandon their
employment were, under the Decree, to be considered guilty of a crime and liable
to imprisonment.

II.

M A T E B I A L AVAECiABLE TO THE COMMITTEE

25. The Hungarian Government has not replied to the Committee's questionnaire. 1
26. Documents have been presented by the International Confederation of
Free Trade Unions, in letters dated 12 October 1951 and 30 April 1952 ; the International Federation of Free Journalists, when heard at the Third Session ; the
International League for the Mights of Man, together with- its memoranda ; the
Christian Democratic Union of Central Europe, in a letter dated 24 October 1952 ;
the Hungarian National Council, when heard at the Second Session, and also in a
letter dated 20 August 1952 ; a private individual, in a letter dated 24 March 1952.
27. The Committee has also assembled and examined a certain amount of
information related to the allegations mentioned under Part I above.
28. The material available to the Committee is summarised below.
1

See united Nations document E/2276/E/AC. 36/13, paragraph 13.

283

APPENDIX m : HCJTGABY

Labour I'm/prised uwde.r Sentence of a Court of Law
29. The material available to t h e Committee draws a distinction between
two forms of compulsory labour, either of which m a y be imposed under t h e sentence
of a court of law : (aJ labour t o be performed b y persons serving a sentence of deprivation of liberty, a n d (b) compulsory labour without deprivation of liberty ordered
b y a court in substitution for imprisonment.
Labour to be Performed by Persons serving a Sentence of Deprivation

Liberty.

30. Under Article 29, paragraph 1, of Act V/1878—
Persons sentenced to rigorous imprisonment shall be obliged to perform such work
as may be determined and assigned by the prison governors and shall be kept in solitary
confinement by day and night for the period specified in Article 30 [beyond t h a t by
night only],
31. Act VII/1946 on the penal defence of democratic public order a n d the
Republic lays down in Article 10 t h a t d e a t h or rigorous imprisonment for life are
to be the penalties for certain t y p e s of political offences. The relevant passages of
this Act, which appear under t h e heading " Acts designed to overthrow t h e
democratic public order a n d t h e Democratic Republic " are reproduced below—•
Article 1 : (1) I t shall be an offence for any person to commit any act designed
to overthrow the democratic public order and the Democratic Republic as established
by Act I of 1946 or to initiate, direct or lend substantial material support to any movement or organisation pursuing such an end.
(2) I t shall likewise be an offence for any person actively to participate in or
further any movement or organisation covered by paragraph 1 above.
Article 6 : I t shall likewise be an offence for any person to conspire with another
for the purpose of committing any of the offences defined in Articles 1 and 5, to perform
any act preparatory to the commission of such offences, to incite or aid others to commit
them or to offer or undertake to commit them himself.
Article 10 : (1) The penalty for offences within the terms of Article 1, paragraph
1, and Article 5 shall be death or rigorous imprisonment for life, the latter being commutable to imprisonment for life in case of physical disability, or rigorous imprisonment
for not less than five years, commutable in case of physical disability t o imprisonment
for from five to 15 years.
(2) The penalty for the offences covered by Article 1, paragraph 2, Article 6 and
Article 7, paragraph 1, shall be rigorous imprisonment for not less t h a n five years,
commutable in case of physical disability to imprisonment for from to five 15 years.
Compulsory

Labour in Substitution

General Principles

for

of the New Penal

Imprisonment.
Code.

32. A new Penal Code was introduced in H u n g a r y in 1950. 1 I n its introduction t h e Code lays down the general principles to be applied in future : " The new
general provisions of t h e Penal Code reflect the economic, social and political changes
which have taken place in t h e country since t h e Liberation, give legal sanction t o
t h e fundamental principles of penal law underlying socialism and provide for t h e
protection of social p r o p e r t y " . Article 1 (1) explains t h a t " The purpose of penal
1
Act II of 1950 concerning the general provisions of the Penal Code (Magyar Közlöny, 18 May 1950,
pp. 112-121).

284

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

law is t o protect society against socially dangerous a c t s " . P a r a g r a p h (2) defines a
socially dangerous act as " any action or omission which injures or endangers either
t h e public, social or economic order of t h e People's .Republic of H u n g a r y or the
persons and rights of H u n g a r i a n citizens " . .
33. I n p a r a g r a p h (3) a n offence is defined as " a n y socially dangerous act for
which a specified p e n a l t y is provided b y law " .
34. I n Article 50 t h e Code states t h e aims of penal sanctions, viz :
(1) The penalty must be applied, in the interests and for the protection of the
workers, in such a way as to correct and educate the offender and also to produce a
general deterrent effect on other members of society.
(2) Without losing sight of the general purpose of the punishment, the penalty
imposed must, within the framework of the law, be commensurate with the menace to
society presented by the offence or the danger to society constituted by the person
of the offender, due account being taken of the degree of the offender's guilt, of other
circumstances in his favour or against him, as well as of the harm caused by the offence
(aggravating and extenuating circumstances).
Corrective and Educative

Labour.

35. The new Penal Code makes provision for corrective a n d educative labour
without deprivation of liberty. Article 30 lists t h e various penalties applicable in
H u n g a r y as : " 1. D e a t h ; 2. Imprisonment ; 3 . Fines ; 4. P a r t i a l or t o t a l confiscation of property ; 5. Deprivation of civic rights ; 6. Prohibition against t h e exercise
of a specified profession ; 7. Prohibited residence". Corrective a n d educative labour
is covered in a separate chapter. Article 48, t h e opening article of this chapter,
reads a s follows :
(1) If the offender's social status, the motives for the offence, and, generally
speaking, the circumstances of the case justify the belief t h a t the purpose of the punishment may be attained without deprivation of freedom, the court may, instead of imposing a penalty of imprisonment, sentence the offender to carry out a specified type
of labour for a period of one month to two years.
(2) Any person required to perform corrective and educative labour shall do
the work prescribed a t the place to which he is assigned. His freedom shall be restricted
only to the extent required for the purpose of the penalty and of the proper accomplishment of the work prescribed.
(3) Any person required t o perform corrective and educative labour shall receive
reduced wages for his work. The court shall determine the proportion of this reduction,
which may not be less t h a n one-tenth or more than one-fourth of the normal rate of
pay. The reduction shall not apply to any allowances to which the members of the
family of a person so sentenced may be entitled.
(4) If a person required t o perform such labour does not, without a valid reason,
discharge the obligation imposed upon him, or if his attitude seriously endangers labour
discipline, he shall be imprisoned for a period equal to the period of corrective and educative labour which he still has to serve.
(5) Corrective and educative labour measures may not be applied if the law prescribes for the offence committed a term of imprisonment in excess of five years.
Labour

Imposed

by the Administrative

Authorities

36. The documents available t o t h e Committee contain a certain amount of
information relating t o labour imposed either in connection with administrative
measures taken for political or security reasons or as a means of fulfilling certain

APPENDIX I I I : HUNGABY

285

economic tasks or plans. The texts relating to these two aspects of compulsory
labour are summarised below.
Administrative Measures taken for Political or Security Reasons.
37. Most of the allegations on this point refer to legislation dating from 1939
and which, allegedly, the present Government retained and extensively apphed
after the cessation of hostilities.
38. Article 150 of Act No. I I of 1939 on Home Defence 1 lays down the
measures which the administrative authorities can take against certain types
of persons ; it further allows such persons to be forced to work in certain
circumstances. The text of the Article reads as follows :
The Cabinet may decree that persons whose presence in a certain locality or in
certain parts of the country is liable to endanger public order and security or other
important interests of the State, or is prejudicial for economic reasons, may be banished
from that locality or part of the country, even if it is their place of origin. Such
persons may also be placed under police surveillance or, if necessary, taken into
police custody, either at their place of residence or in another place in the country.
Persons taken into police custody in accordance with the present Section may be
compelled to work according to their abilities.
If persons subjected to local banishment on the basis of the present Section and
placed under police surveillance or held in police custody cannot support themselves
from the income of their assets or from their earnings, and if they have no relatives
obliged and able to support them, they shall be supported by the State ; in such cases,
persons who are not in custody may be compelled to work according to their abilities.
39. Decrees Nos. 8130 of 1939 M.E. 2 and 760 of 1939 B.M. 3 were promulgated
under Act No. I I of 1939 and were intended to implement the principles which it
stated. Whereas the first of these Decrees is no more than a very brief restatement
of the principles laid down in Article 150 of the Act of 1939, Decree No. 760 of
1939 contains a wealth of detail, as its title indicates (" Decree... to establish
detailed rules for local banishment as well as for police surveillance and police
custody ").
40. This Decree is principally concerned with (a) police surveillance, (b) local
banishment, and (c) police custody, i.e., administrative measures, some of which
may be coupled with compulsory labour. According to Article 1, paragraph 1,
of the Decree, these measures are ordered " by the lower police authorities—-in
Budapest by the chief of the Royal Hungarian police of Budapest—and upon
aliens by the National Centre for the Control of Aliens ". The second paragraph
further states that " the Minister of the Interior may also act directly in any case ".
Article 2, which covers appeals against such measures, reads—
(1) Appeals against decisions made on the basis of Section 1(1) shall be submitted
to the appellate authority immediately.
(2) Decisions imposing local banishment shall be submitted to the Minister of
the Interior even though no appeal has been lodged.
41. Police surveillance is an administrative measure involving restrictions
on the liberty of those subjected to it. I t may be exercised.both over persons
who continue living in their normal place of residence and also over persons who
1

See Corpus Juris Hungarici, Magyar Tórvénytár, Milleniumi Emlékkiadás (Budapest, 1940), p. 88.
See Belûgyi Közlöny, Budapest, 3 Sept. 1939, p. 1046.
3
Ibid., p. 1067.
2

286

BEPOBT OF THE AD HOC COMMITTEE ON FOKCED LABOUR

have been assigned a different place of residence (in t h e event of local banishment). Where police surveillance is n o t coupled with local banishment, t h e person
concerned would n o t a p p e a r t o be required t o work ; this m a y be seen from
Article 3 (d) of Decree N o . 760 of 1939 B.M., which states t h a t t h e restrictions
placed on persons subject t o police surveillance " shall be determined in such a
manner as n o t t o h a m p e r t h e person under police surveillance more t h a n necessary
in t h e exercise of his regular occupation a n d in earning his living " .
42. According t o Article 6 (1) of the above Decree, local b a n i s h m e n t 1 is
preceded b y a period of temporary detention until t h e decision becomes final
a n d / o r is executed.
43. Under Article 5 of t h e Decree, persons subjected to local banishment may
be called upon t o work " if t h e y are unable t o support themselves from the income
of their assets or from their earnings, a n d there is no relative obliged a n d able to
support t h e m " .
44. The purpose of police custody (internment) is t h e detention of t h e types
of persons described in Article 150 of Act No. I I of 1939 in " localities designated
b y t h e Minister of t h e Interior " . Articles 11, 12 a n d 13 of Decree No. 760 of 1939
B.M. describe t h e procedure t o be followed in such m a t t e r s —
Article 11 : Persons taken into police custody (internees) shall, if possible, be
transported in groups with a police or gendarme escort or, if necessary, an armed guard.
Article 12 : (1) Persons m a y be held in police custody (internment) only in localities
designated b y the Minister of the Interior. Large buildings (internment camps) which
are suitably located and can be locked, a t least a t night, shall preferably be used for
this purpose. Where such buildings are not available, persons may be held in custody in
groups assigned to smaller buildings.
(2) Only where it is unavoidable shall internees be accommodated singly.
(3) When internees are being assigned, due care shall be taken to ensure that
members of a common household are accommodated near the head of the family.
(4) Essential articles which internees have been allowed to keep must be registered
and the register countersigned by the commander of the camp.
(5) The buildings or parts of buildings in which internees, or persons temporarily
placed in the internment camp, are housed, shall be kept locked at least a t night.
Article 13: (1) The internment shall be carried out with such forbearance as is
indicated by the circumstances. Care shall be taken t h a t no person without a criminal
record is kept in the same room with persons having such a record. As far as possible,
the cultural and social standard of the internees shall be considered in assigning them
to their accommodation.
(2) No restriction or force shall be exercised against the internees, except such
as is necessary in order to prevent escape or a conspiracy, jeopardising of the objects
of the internment, and for maintaining order and discipline in the camp.
(3) As far as is compatible with good order in the place of internment, the internees
may, a t their own expense, enjoy the comforts corresponding to their social standards
1
Local banishment is one of the penalties laid down in the Penal Code, being listed in Article 30
after the various other penalties applicable in Hungary. Details of the penalty are given in Articles 45
and 46, where local banishment is described as follows :
"Article 45 : (1) In cases expressly provided for by law, an offender may, whatever his previous
place of domicile, be subjected to local banishment from one or more specified rural localities (or cities)
or from any specified part of the territory, the penalty carrying with it a prohibition against staying in
such places even temporarily.
" (2) Local banishment may be pronounced for a period of six months to five years ; in computing
this period, the provisions governing the deprivation of civic rights shall be applicable by analogy."

APPENDIX i n : HTOGABY

287

and financial circumstances. They shall be entitled, more particularly, to use their
own clothing and linen.
The Decree also makes provision for the maintenance of internees.
45. The Decree does not appear to set specific limits on the length of time for
which persons may be held in custody. Article 18 (1) stipulates, however, that
" the competent authorities shall review all cases of internment after six months "
and that " if the grounds for internment have ceased to exist or if, considering the
circumstances, the internment is no longer necessary ", they are to cancel it. In
addition, the Decree provides for certain cases to be brought up for review even
before the six months have expired, provided the review is called for " on the basis
of evidence not used during the original proceedings " (Article 18 (3)).
46. Persons taken into custody (internment) are required to work, as is
evident from Article 16 of the Decree, which states that " internees shall do work
corresponding to their abilities, but not physically harmful ".
47. The post-war legal texts referred to above x were submitted to the Committee to show that Article 150 of Act No. I I of 1939, as well as Decrees No. 8130
of 1939 M.E. and No. 760 of 1939 B.M., are still in force.
Labour Imposed for Economic Purposes.
48. A number of documents submitted to the Committee mention labour
imposed by the administrative authorities either with the object of executing
economic plans or projects or in connection with the reconstruction work undertaken after the war ended.
49. Compulsory labour of this kind was introduced immediately after the
Liberation of the country. A document published by the International Labour
Affairs Section of the Hungarian Ministry of Foreign Affairs 2 states that, in the
first months after the Liberation, labour was so scarce that the local authorities
did not hesitate to use conscription. In a section entitled " The Organisation of
Employment " (pp. 33-36), it explains that " to make such measures orderly and
systematic, the Government published Ordinance No. 4000/1945 M.E., dated
28 June 1945, which imposed a limit of four days a month for the amount of
compulsory labour for public works which could be required of any man between 18
and 60 years of age and any woman between 19 and 42 ". I t is explained, however,
that exemption from such labour could always be obtained on payment of a tax.
The document goes on to mention Ordinance No. 7000/1945 M.E., dated 18 August
1945, which developed and extended the compulsory labour system.
50. Under this latter Ordinance, compulsory labour could be required of the
same groups of citizens as those mentioned in the previous paragraph. Persons
liable under the Ordinance could be : (1) ordered to continue working in the position they already occupied ; (2) drafted, after being requisitioned, into different
employment ; (3) given vocational training to prepare them for another trade ;
(4) required for occasional jobs as members of a gang of workers.
51. A system of temporary labour service has been instituted by the new
Labour Code introduced in Hungary in 1951 3 (Chapter XVI). Such service may
be required in the event of a natural disaster or to circumvent some other danger
1

See paragraph 7.
Politique Sociale de la Hongrie démocratique (Budapest, 1946), 66 pp.
Decree Law No. 7 of 1951, issued by the Presidium of the People's Republic to introduce the
Labour Code [Magyar Ködöny, 31 Jan. 1951, Nos. 17-18, p. 55).
2
a

288

BEPOBT OF THE AD HOC COMMITTBB ON FOBOED LABOTJB

threatening the economy or the country (Article 139). Under Article 140, exceptions
are granted to children under 14, women over 50, expectant women, nursing
mothers, or women with children under six years of age, where there is no one
else available to care for them, men over 60 and the sick and the disabled.
Execution of Economic Plans and Restrictions
on Freedom of Employment
Execution of Economic Plans.
52. I n several allegations attention was drawn to a relation between the
country's various economic plans and projects on the one hand and the practice
of compulsory labour on the other. A number of allegations were also made in
connection with the various restrictions placed upon the freedom of employment.
53. Under the Five-Year Plan of the Hungarian People's Republic l Hungarian
industry is to absorb 480,000 new workers and employees over the period covered
by the Plan ; this figure includes 250,000 skilled workers, 92,000 semi-skilled
workers, 85,000 unskilled workers and 53,000 intellectual workers of different
professions (Article 5 (2)). The Plan provides for the training of apprentices to
be expanded, and for semi-skilled and unskilled workers to be turned into skilled
workers, so as to ensure the replacement of skilled labour. I t is further stated in
Article 5 (3) that—
In all branches of the people's economy, the number and proportion of women
workers have to be increased, and equal working conditions and pay have to be assured
to them.
Part of the seasonal agricultural working population will have to be drawn into
industry, where they will receive constant employment and pay.
54. The Plan also stipulates, in a chapter headed " Knal Measures" that
" it is absolutely necessary . . . that the broadest masses of toilers, workers, peasants,
intellectuals and the working people should work self-sacrificingly, conscientiously
and with discipline for the implementation of the P l a n , . . . that every patriotic and
creative force of the nation should unite, and that the alliance of the working class
and the working peasantry should be indissoluble, in the common work of building
the country, against reaction, exploiting elements and imperialist agents ".
55. Decree No. 4 of 1950 on the penal defence of the planned economy 2 lists
the various offences possible in connection with the implementation of the economic
plan and lays down the penalties to be imposed upon offenders. Articles 1 and 2
of the Decree read—
Article 1 : I t shall be an offence punishable by up to five years' rigorous imprisonment for any person to jeopardise the implementation of the national economic plan
or any part thereof by wilfully damaging any property, by rendering it unfit for its
appointed use, or by destroying it.
Article 2 : I t shall be an offence punishable by up to five years' rigorous imprisonment if any person, with intent to harm and, more particularly, with intent to compromise
1
Introduced by the First Five-Year Plan Act of the Hungarian People's Kepublic, 1 Jan. 195031 Deo. 1954 (see " The Five-Year Plan of the Hungarian People's Republic ", published in the Hungarian Bulletin,
Budapest, 1950, 53 pp.).
2
Tônènyek es Rendeletek Hivatalos Gyüjteménye. I. Torvények, Tôrvènyerejû Rendeletek es Minisztertanácsi Rendeletek, 1950 (Budapest, 1951), p. 46.

A P P E N D I X DOC : H U N Q A B Y

289

the implementation of the national economic plan or any part thereof or otherwise
to jeopardise the interests of the national economy—
1. causes a stoppage or reduction in the activities of an undertaking (or factory), does
a job, or has it done, in or for an undertaking (or factory) in an inadequate, dilatory
or defective manner ;
2. carries on production in such a manner that undue waste of material, energy or
manpower is incurred or in such a manner that the said production fails to meet
existing or expected needs, is not available when such needs arise or generally fails
to comply with the requirements of sound management ;
3. fails to make use of the capital available to the undertaking (or factory) for its
needs, whether that capital is its own or has been loaned to it.
56.

Article 1 of Cabinet Council Decree No. 3 7 / 1 9 5 2 1 lays down t h a t —

Any person who, in violation of an agricultural labour contract with a State farm,
experimental farm, model farm or machine station, neglects to report for or abandons
his work for no good reason—in so far as his act is not subject to severer penalties, in
particular those prescribed by Decree 1950 /4 on the penal defence of the planned economy
—commits a misdemeanour and is liable to a fine of up to 3,000 forints.
Article 2 of t h e Decree s t a t e s —
Proceedings against the misdemeanours defined in Article 1 shall be conducted
by the police acting as a criminal court.
Restrictions

on Freedom of

Employment.

57. The new Labour Code places certain restrictions on freedom of
employment. Under Articles 30 a n d 32, workers are entitled t o t e r m i n a t e contracts
of employment concluded for a n indefinite period only subject t o certain specified
conditions. The t e x t of these two Articles reads as follows—
Article 30 : (1) A worker may give notice of the termination of an employment
relationship entered into for an indefinite period—
(a) if he becomes entitled to an old-age pension under the social insurance scheme ;
( b) if he is admitted to a secondary or higher educational establishment ;
fcj if, by reason of his family circumstances, state of health, or other personal considerations or for any other serious reason, it is essential for him to work in another
area or undertaking.
(2) To ensure the continuity of production, an employment relationship may not
be terminated as envisaged under (o) unless the director of the undertaking has given
his consent. Should this be refused, the worker may place the matter before the conciliation board.
Article 32: (1) A worker may break a contract without notice if the maintenance
of his employment relationship jeopardises his life, health or bodily integrity.
(2) I n the case envisaged in the preceding paragraph, the undertaking shall be
informed of the termination of an employment relationship in writing. The reason
for the termination shall be indicated in the notice. The existence of the reason shall
be substantiated by an official certificate.
58. According to Article 36 (1), a worker terminating his employment relationship for n o reason recognised in law, or i n circumstances n o t conforming with
1

Magyar

Kôzlôny,

Xo. 42, 4 May 1952.

290

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

the law, is considered to have left his work without permission. Under Article 17
of Ordinance No. 30 of 1951 issued by the Council of Ministers on 31 January 1951
to apply the Labour Code, civil action can be taken against workers leaving in
this way. On starting a new job, they have their sickness insurance benefits reduced
and their leave entitlement curtailed ; furthermore, in finding a new job, they have
to use the placement service.
59. Under Article 133, a worker may be moved, either at his own request or
in the interests of the national economy, from one workplace to another within
a given undertaking, and also from one undertaking to another, one area to another
or one type of employment to another. In the event of workers being moved from
one undertaking to another in the interests of the national economy, the order for
their transfer must be issued by the joint authority responsible for the immediate
supervision of the two concerns involved or, where no such authority exists, by
the two Ministers responsible. Article 135 lays down the time limits within which
such transfers must be made. I n principle, a worker is allowed eight days in which
to appeal to the conciliation board against his transfer. His appeal has the effect
of suspending the order for his transfer only where it involves his moving from one
area to another or taking up a lower post, or where he is continuing his studies at a
university or other educational establishment specifically mentioned in the Code.
In any event, the decision of the conciliation board is final and, if it confirms the
transfer, the worker is obliged to abide by its decision, any refusal on his part being
regarded as unauthorised departure without notice (Article 136 (4)).
60. The Labour Code has also introduced a compulsory system of work books,
and no undertaking may employ a worker who does not hold such a book
(Article 131).
61. According to paragraph 1 of Article 132, " persons leaving trade schools or
finishing up-grading courses shall be required to join the undertaking which the
competent Minister appoints and shall remain there for a period of compulsory
practical experience with the object of acquiring or increasing their practical
knowledge of the trade. In the selection of the undertaking, the wishes of the
person concerned shall be taken into account as far as possible ". The length of
this further training period ranges from six months to two years according to the
type of training which the worker has received. Under paragraph 4 of the same
Article, " the contract of a worker undergoing a period of compulsory practical
experience may not be broken (see Articles 28-36) unless the competent Minister
has given his consent. The Minister may delegate this authority."
62. According to Article 1, paragraph 2, of Cabinet Council Order
No. 2000/1950 1 " Workers who leave State-owned factories without good reason
and the permission of the management shall for two years receive only six days'
annual holidays with pay at their new workplace and for one year shall have their
sickness insurance benefit reduced to 50 per cent., on the principle that he who
shows no concern for the interests of production and the people's economy shall
not share in the social benefits extended to workers active in socialist construction".

1
Tôrvinyek es Rendéletek Hivatalos Qyüjteménye. I. Torvények, Tórvényerejü Bendeletek és Minisztertanáesi Rendeletek, 1950 (Budapest, 1931), p. 451.

APPENDIX n i : HOTTGAKY

291

63. Decree No. 28/1952 l M.T. s t a t e s It shall be an offence prejudicial to sound manpower management and punishable
by up to five years' imprisonment, for any person—
(a) to employ workers systematically and extensively if they have no work book, or
(b) to recruit workers wittingly, without passing through a placement office, if they
have left their previous employment without good reason or have been dismissed
as a disciplinary measure, since, under existing regulations, such workers may
be recruited only through a placement office.
The Situation in Practice
64. In addition to a number of written testimonies, the material on the de facto
situation submitted to the Committee includes photostat copies of administrative
decisions, extracts from the Hungarian press and documents reporting statements
made by Hungarian authorities. The main items which constitute this material
are dealt with in the paragraphs which follow.
65. According to an article published in the Budapest newspaper Népszava
on 3 January 1952, reporting a sentence passed by the Hungarian Supreme Court,
two tractor drivers were sentenced to two years' imprisonment for absenteeism and
repeated cases of unauthorised departure from their workplaces. The sentence
points out that such a breach of labour discipline constitutes an offence tinder
Decree No. 4 of 1950 on the penal protection of the planned economy. It further
states that " those who commit breaches of labour discipline without intent to
commit sabotage are, as a general ride, to be sentenced to corrective and educative
labour ". It also explains that under Act I I of 1950 (the Penal Code) such labour
may be ordered for periods ranging from one month to two years, the convicted
person serving the sentence at his workplace.
66. Another newspaper article published in Népszava on 10 January 1952
tells how four workers were sentenced by the Budapest Central Court to corrective
and educational labour "for grave violation of labour discipline" (five to 13 days'
absenteeism). The court passed sentences of corrective labour ranging from four
to five months, coupled with 20 to 25 per cent, stoppages of pay. The sentences
make no explicit reference to the Penal Code, but add that, if the convicted persons
continue to commit breaches of labour discipline, the court can substitute a prison
sentence for the remainder of the sentence of corrective and educative labour, if the
Public Prosecutor so advises. Two other articles published in Népszava on 10 and
13 July 1952 quote the penalties imposed on "harvest-sabotaging ' k u l a k s ' " (imprisonment up to 15 months, coupled with fines and the confiscation of property), without mentioning whether these penalties may be replaced by corrective
and educative labour.
67. A police warrant dated 17 July 1948 submitted to the Committee in
photostat orders the joint proprietor of a threshing machine to be taken into
police custody (internment) on a charge of conduct highly prejudicial to the
economic order of the country. The order was issued by a police colonel under
Decrees Nos. 8130/1939 M.E. (paragraph 1) and 760/1939 B.M.
68. The photostat copy of a police warrant issued in August 1949, in which
reference is made to Decrees Nos. 8130/1939 M.E. and 760/1939 B.M., orders a
1

Magyar Közlöny, No. 34, 8 Apr. 1952.

292

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

person to be taken into police custody (internment) on the grounds that he
" behaves like a 'kulak', exploits his employees, failed to conclude the compulsory
collective agreement and refused to pay his farm-hand the wages fixed by collective
agreement. He engages locally in right-wing politics, does not work and stirs
up the people against democracy. Since it may be assumed from the above that
he will attempt to obstruct the delivery of the harvest, it has proved necessary to
take him into custody. There is good reason to believe that, if left at large, he would
engage in activities both prejudicial to public order and security from the standpoint
of important State interests and harmful to the economy. "
69. The Black Book concerning Mass-deportations in Hungary1 reproduces
a local banishment order form based on legal and administrative texts dating
from 1939 and 1948 (pages 7-8). This form, which is not dated, reads as follows :
Ministry of the Interior
No.
Decree
I.
Effective immediately . . . , resident of Budapest,... s t r e e t . . . , number . . . , as well
as all individuals living in the same household, are banished from the territory of Budapest in accordance with Decrees Nos. 8 /1939 M.E. and 760 /1939 B.M. Future residence
shall be . . . county, . . . town, commune. Should above person wish to be transferred
to another commune (where relatives or acquaintances are living), an appeal may be
submitted to the respective county council after being moved to the commune mentioned
above. This appeal must be supported by written declaration from the person who
accepts to provide accommodation for the person transferred. This declaration must
be seen and approved by the authorities of the local council.
H.
In accordance with the provisions of Decree No. 6000 /1948, the apartment evacuated due to the present Decree shall be requisitioned and must be handed over within
24 hours.
Budapest, — Date —
70. An article published on 17 June 1951 in the Budapest newspaper Szabad
Nép reproduces a statement issued by the Ministry of the Interior to the effect that
a number of " undesirable characters " had been expelled from Budapest.
71. A report published in Szabad Nép on 14 July 1950 speaks of " forced
resettlements from the southern border district " and states that " i t is not the
southern Slav population but notorious fascists, Arrow-Cross Party members,
' kulaks ' and previously convicted bandits who have been expelled from the border
district, where until now they had been supporting Titoist provocations and
co-operating with Tito's spies " .
72. The Committee has received an extract from the periodical " Public
Education. " 2, which maintains that 36,000 high-school students have been recruited
to participate in large-scale agricultural and construction projects. The extract
discusses the constructive work to be undertaken by these students, its educative
nature, and so on, but does not appear to regard it as a form of compulsory labour,
particularly since it speaks of " work teams formed at the time of signing a
contract ".
1
2

Op. Ht.
Kóznevelés, 1 June 1952.

A P P E N D I X H I : LATIN AMERICAN C O U N T R I E S

293

LATIN AMERICAN COUNTRIES

Snmmary of Allegations, of Replies to Allegations, and of the Material Available
to the Committee
Introductory note : This memorandum contains a summary of the allegations
relating to several countries of Latin America. They are phrased in such a way that
it has not been possible, to prepare an individual summary for each of the countries
concerned. A common memorandum has, therefore, been prepared for all the countries
of Latin America mentioned in these allegations.

ALLEGATIONS

1. I n t h e course of t h e debates in the Economic a n d Social Council (Eighth t o
Twelfth Sessions) allegations were made concerning Latin America in general, as well
as regards the following Latin American countries : Argentina, Bolivia, Brazil,
Chile, Colombia, Ecuador, Paraguay, Peru, Venezuela.
2. At the Eighth Session of t h e Economic a n d Social Council, t h e representative of the U.S.S.B. stated—
I n Peru, Paraguay and Bolivia there were laws permitting the conscription of the
population to repair roads and public monuments. I n Colombia and Venezuela the
authorities resorted to force to obtain the labour necessary to harvest rubber and sugar
cane. The working conditions of Bolivian miners recalled those of Mexican workers of
40 years back. I n some mines, the workers were lodged in camps so remote from the
towns t h a t they were forced to buy their food in the stores of the company which
employed them ; as a result they became indebted to the company ; that was particularly true of United States companies operating in Latin America.
According to articles which had appeared in the Chilean press in 1947, there existed
in Chile what were virtually concentration camps in which workers were interned. The
camps were surrounded by barbed wire and had only one exit, guarded by the police... . 1
3.

The representative of Poland—

He quoted statements from Chile : Land and Society by George McCutehen McBride
to the effect that great numbers of Chilean farm tenants were not allowed to seek
employment outside their farms or to engage in money-making enterprises. 2
4.

The representative of Poland—

He understood t h a t 40 per cent, of the population of Bolivia lived in a state of
peonage, and the same was no doubt true of other Latin American countries. 3
1
U N I T E D N A T I O N S , Economic a n d Social Council, 8th Session, 238th meeting : Official
p . 109.
2
I b i d . , 244th m e e t i n g : Official Records, p . 172.
3
Ibid., 262nd meeting : Official Records, p . 456.

Records,

294

BEPOKT O í THE AD HOC COMMITTEE ON FOKCED LABOUR

The representative of

Poland—

Peonage was also rifo in Latin America as the result of foreign oppression. For
example, 40 per cent, of all the miners in Bolivia were the slaves of United States capitalists, as were many other workers in Latin America. 1
6. The representative of t h e World Federation

of Trade

Unions—

Numerous forms of forced labour, which were relics of the semi-colonial and
semi-feudal era, persisted in Latin America, although slavery and servitude were
expressly or tacitly prohibited by the Constitutions of the Latin American Republics.
The situation had been aggravated in countries such as Chile and Brazil by the influx
of foreign capital, which took advantage of the economic and social backwardness of
those countries for purposes of imperialist expansion. Forced labour varied from
practices which were typical servitude or slavery to practices which were sanctioned by
law or local customs, b u t which were in fact violations of the principles of the United
Nations Charter.
Forced labour in Latin America was to be found in agriculture, mining, domestic
work and the construction of public buildings and roads and chiefly affected the Indian
and Negro populations. One type of forced labour had its origin in the traditional rights
exercised by the landowners over agricultural workers throughout Latin America ; the
existing system of pongaje, colato [colonato], huasicamia and others forms of agricultural and domestic servitude were examples of that type ; a second type of forced labour
had its origin in the ownership of the land or of the means of production. The system of
peonaje, which dated from the colonial régime, appeared in modern capitalistic agriculture and mining, which were thus provided with a source of cheap manpower and
hence of profits.
The forms of forced labour in Latin. America included pongaje [pongueaje], which
existed in Peru and Bolivia and which consisted of compulsory unpaid labour on the
landowner's land for five days a week ; huasicamia, which existed in Bolivia, Ecuador,
and Peru and consisted of compulsory unpaid work for the landowner ; personal services
of various kinds, which were tantamount to servitude ; aparcería under which the
peasant was obliged to deliver to the landowner part of his harvest in return for the use
of his land, a system known as conuco in Venezuela and porambia in Colombia ; yanaconazgo, under which Indians were taken from their communities to work in groups on
large country estates ; siriguaje [siringuaje], which was practised in Bolivia, Peru,
Colombia, Venezuela and Brazil. Conditions tantamount to slavery existed in the
coffee, sugar, tobacco and banana plantations of Central America, the West Indies,
Colombia, Venezuela, Argentina and Paraguay, which affected not only the Indian
population, but the Negro, mixed and even the white population.
Another form of forced labour was acasillage, or payment in kind, which was
practised in the forest areas of Argentina and Paraguay and in the yerba mate plantations
of Paraguay. Various forms of forced labour involving the compulsory execution of
public works for certain periods without pay existed under titles which varied from
country to country. According to an I.L.O. report on the living and working conditions
of the Native populations, those populations had become the most important reserve
of unpaid manpower for the execution of public works in the majority of Latin American
countries.
Throughout Latin America agricultural work was not governed b y legislation,
or where such legislation existed, it was not carried into effect. Social services were
non-existent and in some countries trade union legislation existed, which prevented
agricultural workers from organising in the defence of their rights.
Impartial scholars such as Professor Moisés Poblete Troncoso had recognised that
such practices represented a violation of fundamental human rights. I t was clear that
a considerable proportion of the national production of the Latin American countries
was based on various forms of forced labour. While some legislative measures had been
1

p. 553.

UNITED NATIONS, Economic and Sooial Council, 9th Session, 321st meeting : Official Becords,

A P P E N D I X H I : LATIN AMERICAN C O U N T R I E S

taken with a view to its abolition, they had rarely been carried into effect.
for effective measures to eliminate forced labour was thus evident. 1

295
The need

7. I n t h e course of a hearing before t h e Ad Hoc Committee on Forced Labour
the representative of t h e Anti-Slavery Society, stating t h a t his information was
based on t h e report of the International Labour Office submitted to t h e Conference
a t Montevideo in 1949 on Latin American countries 2 , alleged t h a t i n some u r b a n
South American centres or localities Indians were required to clean t h e square s a n d
streets free of charge. H e claimed t h a t articles of their clothing were t a k e n away
from t h e m b y the police to be redeemed only on t h e performance of their task. H e
also alleged t h a t in some Latin American countries conscription was imposed for
the purpose of road building, compelling t h e inhabitants to do two or three days'
personal work free of charge in building or repairing roads. H e affirmed t h a t the
indigenous population was providing the principal source for this unpaid manpower.

II.

R E P L I E S TO ALLEGATIONS AND M A T E E I A L
TO THE

AVAILABLE

COMMITTEE

8. At t h e 471st meeting of the Council the representative of Peru replied as
follows to the allegations :
. . . he would not have replied to the slanderous accusations made against his country
by the representative of the World Federation of Trade Unions a t the previous meeting
if the latter had not also cast aspersions upon the other countries of Latin America.
Since his country represented the interests of Latin America in the Council, however
by virtue of the principle of geographical distribution, it felt in duty bound to defend
its neighbours against those accusations.
He had already had occasion, both in plenary meetings and in the Council
Committee on Non-Governmental Organizations, to unmask the true character of the
World Federation of Trade Unions. That organisation was abusing the consultative
status granted to it ; instead of collaborating constructively with the Council on
economic and social matters, it took advantage of its seat at the Council table to spread
tendentious political propaganda in accordance with its own political bias.
The report submitted by the W.F.T.U. furnished a striking example of the tactics
employed by that organisation. The accusations made in the report were a tissue of
lies. I n point of fact, none of the practices denounced by the W.F.T.U. existed anywhere
in Latin America.
He recognised that the countries of Latin America had undoubtedly inherited from
the colonial régime, which had preceded the era of their independence and which men of
all the races on the Continent had fought to overthrow, some vestiges of the feudal
system. By the middle of the nineteenth century, however, the last traces of feudal
servitude had been abolished by law. The progress made during the twentieth century,
both in communications—in destroying the isolation of the outlying regions from the
great centres of population—and in education, had ensured the uniform application of
legislative provisions safeguarding the freedom of the citizens.
Contrary to the accusations made by the W.F.T.U., peonage did not exist in Peru,
nor did any other practice contrary to human rights. Moreover, access to his country
was entirely free, so that anyone who so wished could easily visit the country and
observe the conditions prevailing there. Peru had highly progressive social legislation,
which included provision for social insurance, paid vacations, and many hospitals for
workers. As for the métayage system, which was the traditional method of cultivating the
1
U N I T E D NATIONS, Economic a n d Social Council, 12th Session, 470th meeting : Official Recordé,
p a r a g r a p h s 33-38.
8
B'ourth Conference of American States Members of t h e I n t e r n a t i o n a l L a b o u r Organisation,
Montevideo, April 1949, R e p o r t I I : Conditions of IAfe and Work of Indigenous Populations of Latin
American Countries (Geneva, I.L.O., 1949), p p . 95-96.

296

REFOET OF THE AD HOC COMMITTEE ON FORCED LABOUR

lands of the Peruvian coastal plain, that system represented a perfectly legitimate and
fair labour contract. Similar systems existed on their Continents. The métayers were in
no way enslaved by the proprietors, but were free men conscious of their rights and
interests.
Equally absurd accusations had been made against other Latin American countries,
such as Venezuela. Some of those accusations were pure inventions, while others
referred to practices long since abolished and forgotten. The French Government might
equally well be accused of maintaining the practice of the corvée, abolished on the night
of 4 August 1789.
In conclusion, he pointed out that it was not by chance that his country had been
singled out for attack by the representative of the W.F.T.U. The violence of his
attacks was undoubtedly due mainly to the energetic opposition shown by the delegation of Peru to the tactics employed by the W.F.T.U. in the Council Committee on
Non-Governmental Organizations.1
9. The following Latin American countries have replied to the Committee's
questionnaire: Brazil 2 , Chile 3 , El Salvador 4 , Guatemala 5 , Peru. 6
10. The Committee examined the above-mentioned replies, as well as the
laws quoted therein. The Committee also examined a number of documents
relating to working conditions in Latin America, which included, inter alia—
(1) Constitutional texts, laws and regulations enacted in some of the countries
of Latin America to protect indigenous workers.
(2) Extracts from Report I I submitted by the I.L.O. to the Fourth Conference of American States Members of the International Labour Organisation,
Montevideo, April 1949 -.Conditions of Life and Work of Indigenous Populations
of Latin American Countries (Geneva, I.L.O., 1949).
(3) Extracts from the General Report submitted by the I.L.O. to the
Committee of Experts on Indigenous Labour, first session, La Paz, January 1951 :
Indigenous Workers in Independent Countries (Geneva, I.L.O., 1950).
(4) Extracts from documents of the Economic and Social Council.
(5) Extracts from América Indígena by the Inter-American Indian Institute 7 ,
Vol. VIII (Mexico, D.P., 1948).
(6) Extracts from the Boletín Indigenista of the Inter-American Indian Institute, Vol. X, No. 3 : The Problems of Slavery and Servile Work Studied in the
united Nations (Mexico, D.F., Sept. 1950).
(7) Extracts from Indians of the High Andes, report of the Commission
appointed by the Committee on Co-operation in Latin America 8 (New York, 1946).
(8) Extracts from the following books and publications by individual authors :
J . CASTRO.: Cómo viven "los de abajo " en los países de América Latina (Montevideo,' 1949).
J . COMAS : Realidad del trato dado a los indígenas (Mexico, D.P., Oct. 1951).
A. CoMETTA MANZONI : El problema del Indio en América (Buenos Aires, 1949).
1
UNITED NATIONS, Economic and Social Council, 12th Session, 471st meeting : Official Records,
paragraphs
30-36.
2
United Nations document E/AC.36/11, Add. 7.
»United Nations document E/AC.36/11, p. 27.
•United Nations document E/AC.36/11, Add. 17.
'United Nations document E/AC.36/11, p. 53.
"United
Nations document E/AC.36/11, Add. 23.
7
The Inter-American Indian Institute is the co-ordinating body oí all the Indian Institutes of
Central and South America, the principal object of which is to proteot the aborigines.
8
The Committee on Co-operation in Latin America is an organ of the National Council of Churches,
set up to co-ordinate the Council's activities in Latin America.

APPENDIX HE : LATIN AMERICAN COUNTRIES

297

L. A. DESPONTIN : El derecho del trabajo—Su evolución en America (Buenos
Aires, 1947).
A. GABCÍA: Regímenes indígenas de salariado, America Indígena, Vol. VIII
(Mexico, 1948).
R. R. CAPBILES and C. ABDUZ EGUÎA : El problema social en Bolivia—Condiciones
de vida y de trabajo (La Paz, 1941).
R. REYEBOS : Caquiaviri (La Paz, 1946).
R. REYEBOS : El pongueaje—La servidumbre personal de los indios bolivianos
(La Paz, Bolivia, 1949).
W. L A BABEE : The Aymara Indians of the Lake, Titicaca Plateau, Bolivia (New
York, 1948).
A. AEGTTEDAS : Pueblo enfermo (Santiago de Chile, 1937).
G. MCCUTCHEN MCBBIDE : Chile : Land and Society, with a foreword hy Don Carlos
Davila. (New York, American Geographical Society, 1936).
J. FRIEDE : El indio en lucha por la tierra (Bogotá, 1944).
M. SÁENZ : Sobre el indio ecuatoriano y su incorporación al medio nacional (Mexico,
1933).
G. RUBIO OBBE : Nuestros indios (Quito, 1947).
G. RUBIO OBBE : El indio en él Ecuador, Vol. IX, No. 3, América Indígena
(Mexico, D.F., June 1949).
A. BUITEÓN and Bárbara BUITBÓN : El campesino de la provincia de Pichincha
(Quito, 1947).
A. SrvrBiCHi : Derecho indígena peruano (Lima, 1946).
F. PONCE DE LEÓN : Situación jurídico-penal de los aborígenes peruanos (Cuzco,
1948).
M. POBLETE TEONCOSO : Condiciones de vida y de trabajo de la población indígena
del Perú (Geneva, I.L.O., 1938).
H. CASTRO Pozo : Del Ayllú al cooperativismo socialista (Lima, 1936).
J. COMAS : La realidad del trato dado a los indígenas de América entre los siglos
XV y XX, Vol. XI (Mexico, 1951).
M. SÁENZ : Sobre el indio peruano y su incorporación al medio nacional (Mexico,
1933).
H. CASTRO Pozo : Nuestra comunidad indígena (Lima, 1924).
M. H. KUCZYNSKI GODARD : La condición social del indio y su insalubridad—•
Miradas sociográficas del Cuzco (Southern Institute of Public Health and
Social Welfare) (Lima, 1945).
F. PONCE DE LEÓN : Al servicio de los aborígenes peruanos (Cuzco, 1946).
11. The Committee noted that the International Labour Organisation has
for many years studied the working conditions of indigenous populations in Latin
American countries, and has set up a Committee of Experts on Indigenous
Labour, which held its first session in La Paz in January 1951.
12. In consideration of the work undertaken in this field by the International Labour Organisation, the Committee has not examined in detail, at this
stage, each one of the forms and/or practices of labour mentioned in the allegations. The Committee understands that many of the Latin American Governments
concerned are supplying information in that respect to the I.L.O. I t will consider
any further information which may become available in this connection or otherwise.
13. The Committee will finally assess the relevance of the above-mentioned
allegations to its terms of reference, and their value, in the light of any further
information which the Governments concerned may wish to submit and of a more
detailed study of the above-mentioned material.

298

BEPORT OF THE AD HOC COMMUTEE ON FORCED LABOUR

Comments and Observations of the Peruvian and Bolivian Governments
PERU

The Chairman of the Ad Hoc Committee on Forced Labour has received the
following letter, dated 9 April 1953, from the Minister of External Relations of
Peru :
Sir,
I have the honour to refer to your letter of 2 April, in which you draw attention
to your previous communication of 22 November last and request an early reply.
I t should first be stated that this Ministry has no record of your letter of 22
November last. Now that a copy of the circular in question is available, this department is in a position to make a reply refuting the charges that have been levelled
against Peru in the Economic and Social Council of which you are Chairman,
and subsequently circulated to Governments for their information and comments.
I must strongly emphasise that, as indicated-in the communication to which
this constitutes a reply, the Committee on Forced Labour, at its Second Session,
" expressed the opinion that governments should be informed of allegations regarding
the existence of forced labour and that letters transmitting these allegations should
indicate the supporting evidence and documentation, particularly the laws and
regulations involved ". The allegations received by the Committee, however, are
not supported by any documents, nor are they accompanied by any evidence or
any references to, or quotations from, laws or regulations.
The rule which the Committee has set for itself in considering allegations is
a guarantee that its proceedings will be reliably conducted. In no case should allegations be received and transmitted when they have no grounds other than in their
authors' imagination.
The allegations transmitted in your communication of 22 November and formulated against the Governments of Peru, Argentina, Bolivia, Brazil, Chile, Colombia,
Ecuador, Paraguay and Venezuela by the representatives of communist governments such as those of the Union of Soviet Socialist Republics and Poland and
by representatives of the World Federation of Trade Unions (W.F.T.U.), the creed
and activities of which are known to be communistic, do not fulfil the conditions
prescribed for such allegations. Unsupported as they are by any evidence, these
allegations could well have been ignored.
I feel bound to draw attention to the strange form in which they were submitted.
Not one of those pertaining to Peru states that forced labour conditions exist in
our country at the present time. All the allegations are in the past tense. That
made by the representative of the U.S.S.R., for example, states : " In Peru, Paraguay
and Bolivia, there were laws permitting the conscription of the population to repair
roads and public monuments ". The representative of Poland states : " Peonage
was also rife in Latin A m e r i c a . . . " and the representative of the World Federation
of Trade Unions asserts that : " The forms of forced labour in Latin America included
peonage, which existed in Peru and Bolivia and which consisted... ".
Since the allegations are in the past, and not in the present tense, no further
comment or reply should be necessary.
In order, however, to remove any suspicion that full freedom of employment
may not exist in Peru, I should like to refer to the reply which was duly sent to the
questionnaire prepared on this subject by the Secretary-General of the United Nations at the request of the Director-General of the I.L.O., a copy of which is appended

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A P P E N D I X H I : L A T I N AMEEICAN C O U N T R I E S

hereto. 1 I should also like to refer to the reply given by the representative of Peru
at the 471st Session of the Economic and Social Council, whom the record will show
to have stated and proved that the allegations of the World Federation of Trade
Unions were nothing more than a tissue of falsehood and that none of the alleged
practices actually existed in Latin America.
Peru has signed and ratified many of the Conventions dealing with labour relations which have been discussed and framed by the I.L.O.
Under its Constitution and laws, human rights are respected, including the
freedom of labour. Its laws and practices regarding freedom of association and the
defence and protection of workers and labourers through social security and the
provision of other benefits and safeguards, are among the most advanced in the
world. It is precisely because of the fact that such freedom and progressive social
and labour legislation exist and are actually implemented, that we are not in the
least surprised or perturbed by the communist allegations.
I have pleasure in enclosing a copy of our draft Labour Code which embodies
our laws and practices governing relations between capital and labour as well as
the safeguards and freedoms which protect the latter in accordance with our constitutional standards.
This Labour Code reflects the progress achieved by Peru in little over a century
of independence, during which it has, not without effort, successfully discarded
the vestiges of its colonial past when slavery and other forms of servitude were
prevalent, and established complete liberty and justice in its labour relations.
I have the honour to be, etc.,
(Signed)

Ricardo RTVEKA SCHBETBER,

Minister of External Relations.

BOLIVIA

The Chairman of the Ad Hoc Committee on Forced Labour has received the
following letter, dated 28 April 1953, from the Bolivian Under-Secretary for External Relations :
I have the honour to give below the text of the letter sent to you by this office
on 26 March last, which, to judge by your cable of the 24th inst., did not reach its
destination :
Sir,
With reference to your letters of 22 November and the 2nd inst., regarding forced
labour, I reproduce below the text of the reply of the Ministry of Labour and Social
Welfare :
. . . I shall be obliged if you will inform the Committee that our national legislation
contains no provision for the imposition of forced labour on persons convicted of
criminal or political offences, and t h a t the present Government has the utmost
respect for human rights. I t would therefore be inappropriate for me to submit
my comments and observations upon this request.. . .
I have the honour to be, etc.
(Signed)

Renan Castrillo JUSTINIANO,

Under-Secretary
1

Published as United Nations document E/AC.36/ll/Add.23.

for External

Relations.

300

REPOET OF THE AD HOC COMMITTEE ON FOBCED LABOUR

POLAND
Summary of Allegations and of the Material Available to the Committee
I.

ALLEGATIONS

1. Allegations with regard to Poland have been made by the following nongovernmental organisations :
(1) The International Confederation of Free Trade Unions, in a letter dated
30 April 1952, and in a statement by its representative at the Second Session of
the Committee.
(2) The International League for the Rights of Man, in memoranda dated
15 April, 18 June and 5 November 1952, and in statements by its representatives
at the Second and Third Sessions of the Committee.
(3) The Christian Democratic Union of Central Europe, in a memorandum
dated 28 May 1952.
(4) The International Federation of Free Journalists, in memoranda dated
4 October 1951, 24 March 1952 and 5 October 1952, and in statements by its representatives at the Third Session of the Committee.
(5) The Polish Association of Former Soviet Political Prisoners, in a memorandum dated 21 October 1952 and in statements by its representatives at the Third
Session of the Committee.
(6) The Polish National Democratic Committee, in a memorandum dated
29 May 1952.
2.
(a)
combat
plans ;
(b)
(c)
number
(d)

These allegations relate to—
the existence, both de facto and de jure, of forced labour designed to
those who are opposed to the régime, or to fulfil the country's economic
the procedure
the existence
and population
the numerous

whereby forced labour is imposed ;
and location of concentration and labour camps, their
;
restrictions imposed on Polish workers.

The main allegations are summarised below.
Existence of Forced Labour
3. In its letter, the International Confederation of Free Trade Unions enclosed
three documents entitled Slave Labour and Slave Labour Camps in Poland, Digest
—Index of East European Lato—Poland Digest, and Forced Labour—Poland ; these
all refer to the existence of forced labour in the country.
4. In addition to its memoranda dated 4 October 1951 and 24 March 1952,
the International Federation of Free Journalists submitted a memorandum on
5 October 1952, in which it states—
The first law instituting the penalty of forced labour " for an indefinite time "
was the Decree of the Polish Committee of National Liberation of 4 November 1944

A P P E N D I X EEC : P O L A N D

301

on protective measures in regard to traitors of the nation. (Dziennik Ustaw, No. 11,
item 54).
This Decree provided, on order from the prosecutor of a special criminal court,
for immediate " arrest, confinement for an indefinite time in a place of detention (camp)
and subjection to forced labour " of all Polish citizens who, during t h e German occupation, had enjoyed the rights and privileges restricted at the time to Germans.
The order of the prosecutor was subject to confirmation by " a special criminal
court " sitting in closed session. There was no legal redress on the decision of the court.
I n accordance with the executive order made under the above-mentioned Decree
of 30 November 1944 (Dziennik Ustaw, No. 14, item 75), " places of confinement "
(camps) were administered by the director of the public security department (paragraph 8), while the general supervision was exercised by the prosecutor of the special
criminal court (paragraph 9). Although the Decree of 4 November 1944 applied to
special and limited categories of persons and was originally an extraordinary and
temporary measure, the system of forced labour camps (" places of confinement " ) ,
once set up and administered by the public security department and supervised by
the prosecutor's office, was kept in operation and even considerably d e v e l o p e d . . . .
Under the Decree of 16 November 1945 (Dziennik Ustaw, No. 53, item 302), a
special commission to combat abuses and economic destructiveness was appointed to
" detect and institute proceedings for offences injurious to the interests of the economic
and social life of the State, and partieularly, appropriation and looting of public property,
or property under public administration, corruption, bribery, speculation and black
market " . . . .
The Decree of 14 May 1946 (Dziennik Ustaw, No. 23, item 149) amended the Decree
of 16 November 1945, defining that the direction to forced labour camps signifies " detention of the offender in a labour camp " and laying down additionally that the proceedings
relating to the direction of the offender to the labour camp must be conducted without
the participation of the counsel for the defence.
The Decree of 20 July 1950 (Dziennik Ustaw, No. 38, item 350) once more amended
the above-mentioned Decree of 16 November 1945. I t extends the powers of the Special
Commission by bringing under its jurisdiction the offences defined in the Decree as
" causing panic in order to injure the interests of the working masses " . . . .
The Decree of the Council of State of 12 October 1950 (Dziennik Ustaw, No. 47,
item 429) extended further the powers of the Special Commission, authorising it to
determine (with an augmented complement of five members, the normal complement
being three persons, the Soviet troiká) " all other cases which the prosecutor in view
of special circumstances will direct to the Commission ". I n this way, the powers of
the Special Commission became in practice unlimited....
The Order issued by the Minister of Labour and Social Welfare on 30 May 1950
(Dziennik Ustaw, No. 26, item 238) provided for the compulsory confinement of vagabonds and beggars in forced labour homes. The Order claims to be an extension of the
Decree of the President of the Polish Republic of 14 October 1927 on combating vagabondism and begging. But it must be pointed out that the latter applied to beggars
and vagabonds in the strict sense of the word, while in " People's Poland " everyone
is considered a beggar or a vagabond who has no permanent employment or is not registered with the police. I n these conditions, the Order is of a particular significance.
The refusal by the police to register an applicant, and this is done n o t infrequently,
may turn him into a " vagabond " liable to be directed administratively to a forced
labour home for an indefinite period.
The court may also order the confinement of a convicted person in a forced labour
home as an educational and preventive measure (Article 342, paragraph 1, subparagraph G, of the modified Code of Penal Procedure—see Dziennik Ustaw, 1950, No. 40,
item 364)
. . . the Penal Code provides two kinds of penalty of deprivation of liberty : arrest
and imprisonment....
The periods under arrest may range from one week to five years, and those of
imprisonment from six months to 15 years or for life. I n either case, the prisoner is compelled to work. When under arrest, he is in principle entitled to choose work " unless
the chosen work is detrimental to the good order of the institution " , in which case

302

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

he is directed to " suitable work ". With regard to the inmates of prisons, the administration selects work for t h e m which may be done not only within the prison walls, but
also outside.
I t should be stressed t h a t Article 14 of the Law of 20 July 1950 modifying the Code
of Penal Procedure (Dziennik Ustaw, No. 38, item 348) provides for the punishment
of detention in a forced labour camp for an indefinite time to be imposed by ordinary
courts of justice. I n such a case, the forced labour camp is treated on an equal footing
with a forced labour home.
I t would seem t h a t i n the present state of affairs the difference between arrest,
confinement in a forced labour home and confinement in a forced labour camp is purely
formal and that, in accordance with the " basic trend of legislation in People's Poland ",
forced labour camps become the dominant form of deprivation of liberty.
I t should be pointed o u t that the Law of 20 July 1950 on the powers of the General
Public Prosecutor of the Polish Republic, in Point 6, Article 3, instructs the General
Public Prosecutor to exercise supervision over the execution of punishments in penitentiary institutions. . . .
The Law of 4 February 1950 on the general obligation of military service (Dziennik Ustaw, No. 6, item 46) provides for so-called " substitute military service " which
so far was not known in Poland. According to Article 49, " substitute military service
consists of performing work necessary for the defence of the State and for the realisation
of national economic plans". The regional recruiting commissions are empowered to
direct to substitute military service lasting two years any called-up young man of the
age of 20 years and also m e n p u t on the reserve list not before they complete 28 years
of age.
I n practice those called up for substitute military service are the so-called " politically unreliable elements ", which gives the service a preventive and repressive flavour.
Out of those called u p for the service, workers' brigades are formed, organised on the
lines of forced labour camps, the only difference being t h a t the former are more mobile.
Of the same character are penal units to which are directed members of the armed
forces under disciplinary proceedings (see Article 6, Law of 18 January 1951. Dziennik
Ustaw, No. 6).
Irrespective of forced labour in labour camps, penal units, etc., the present legislation
of People's Poland provides for forced labour without depriving the person concerned
of his liberty.
The Law of 19 April 1950 on the promotion of socialist discipline a t work {Dziennik
Ustaw, No. 10, item 168) provides that when—
(1) a person despite disciplinary punishment stays away from his work for a total
of four or more days in a year without justification, or
(2) stays away from his work for four or more consecutive days without justification
a court may order him to stay in his employment for three months with remuneration
reduced by 10 to 25 per cent.
5. I n one of its memoranda, t h e International
lists alleged that—-

Federation

of Free

Journa-

People are directed to forced labour camps following decisions of the Special Commission for fighting economic sabotage and abuses, or following a verdict of a court
of law. The Special Commission was formed by the Decree of 16 November 1945 which
was later modified on 14 May 1946 and, most recently, b y the Law of 20 July 1950. . . .
The Code of Penal Procedure, after its modification under the Bill passed on 20
July 1950, provides for sentences of forced labour to be passed by ordinary courts of
justice. . . .
Unpublished prison regulations as well as instructions of the Ministry of Internal
Security (to which all prisons are subordinate) introduced forced labour for prisoners,
not only within prison walls, but also outside.
The law on penal-administrative jurisdiction which came into force on 1 April

303

APPENDIX m : POLAND

1952 provides for administrative punishment of up to three months' corrective labour.
This punishment can be inflicted with reduced wages for work, or without any pay.
Military units also can be used for forced labour. The law on general conscription
provides for the so-called " substitute military service " (Zastepcza sluzba wojskowa)
which means that some recruits, after formal enrolment in the army and a short period
of military training, are directed to factories or mines to work there under a régime of
strict military discipline. Penal military units are also used for such work. The existence
of these units was confirmed by the Law of 18 January 1951 on the responsibility of
soldiers for disciplinary offences.
6. When heard b y t h e Committee, the representative of t h e
stated—

Federation

Poland. . . had a slightly different situation in all these matters. The régime in
Poland tried to hide in the very beginning, during the first few years, the real character
of forced labour. I t was first introduced against people who committed economic sabotage or so-called " abuses " against Decree No. 302 of 16 November 1945. According
to this legislation, peasants were accused as kulaks, workers as black-marketeers or
wasteful workers, white-collar workers for buying additional meat on the free market ;
everybody could be condemned and sent to forced labour camps. . . .
. . . a Decree of the Minister of Labour and Social Welfare provided for the compulsory
confinement of vagabonds and beggars in forced labour camps. This is a very delicate
problem, because, from the other point of view, the police legislation prescribes that
people must have the addresses given to the police institution. Everybody is obliged
to be registered with the police ; but supposing, for instance, a worker is changing his
place of work, going to another place (which is now a big crime against the efficiency
of work), the police in other localities, for instance, cannot accept his registration for
this reason. He is considered as a vagabond and a beggar and can be put in a concentration camp. . . .
Another form of forced labour in Poland is the organisation Service to Poland,
introduced on 25 February 1948.. . . All young men and all young girls must pass through
the cadre of this organisation—young men till they reach the age of military service.
The work in the Service to Poland involves six hours a day, plus political education.
The organisation Service to Poland is now connected with the economic plan ; the period
of two months which was obligatory for the members of this organisation has now been
extended to five months.
7. I n its memorandum, the International League for the Eights of lían states
t h a t a t least one million people are " slaving under t h e forced labour systems
legally established in t h e countries of Bulgaria, Czechoslovakia, Hungary, Poland
and Rumania " . I t refers to " millions condemned to forced labour " a n d also
mentions forced labour which, disguised as " correctional work " is imposed to
rectify " the political opinions or ideological deviations of those who differ from the
government of the State a t a particular time " . I t further states t h a t forced labour
has been introduced to meet " t h e insatiable demands of the State economy " .
Procedure whereby Forced Labour

Imposed

8. I n the document Slave Labour and Slave Labour Camps in Poland,
enclosed by the International Confederation of Free Trade Unions in its letter dated
30 April 1952, reference is made t o a " Special Commission to fight abuses and
economic sabotage ", organised in accordance with a Decree dated 16 J u l y
1945, as supplemented by an announcement from t h e President of t h e Council of
Ministers on 31 August 1950 {Dziennik Ustaw, No. 4 1 , item 374) and an Order by
the Council of State dated 12 October 1950. The document gives a description of
this legislation a n d points out t h a t the purpose of t h e Special Commission in

304

BEPORT Ol" THE AD HOC COMMITTEE ON EOBCED LABOTTB

Poland, as in the Soviet Union, is to speed up nationalisation, ensure the " speedy
liquidation " of persons and groups that are inconvenient to the régime and to
create " a ' labour reserve ' in compulsory labour camps ". It is further stated
that there is no appeal against the decisions of this Commission which, it is asserted,
is exclusively composed of persons who are loyal to the régime, and " a person
arrested this noon may find himself, tomorrow morning, ' already judged ', sentenced
and confined in a forced labour camp ", all simply on the strength of an anonymous
denunciation.
9. The Preliminary Report on Forced Labour Camps in Poland, submitted
by the International League for the Rights of Man, alleges that persons can be sent
into forced labour camps either on the strength of a decision by a Special Commission
set up to fight " economic misuse " and " economic harm " or as a result of court
proceedings. The document explains that " a worker can be placed in a camp for
disobeying the rules of the socialist discipline of labour " and that " economic
misuse " does not necessarily imply an act, but " merely a passive attitude towards
the régime ", though such an attitude is not regarded as an offence according to
the Penal Code. The document goes on to state that " a sentence passed by the
Commission, according to the Criminal Code, is usually for two years' work in a
forced labour camp. But it often happens that a prisoner, having completed this
sentence, is re-arrested on a different charge and sentenced for two more years. "
10. In its memorandum dated 5 October 1952, the International Federation of
Free Journalists also mentioned a Law of 15 December 1951 on penal administrative
jurisdiction (Dziennik Ustaw, No. 66). The memorandum states—
This law decrees that, in penal administrative procedure, sentences to " corrective
labour " from one day to three months, or to a fine from three to 3,000 zloty may be
issued either by collective bodies appointed by national councils or by administrative
orders. Forced labour, in this case " corrective ", may be performed either in the enterprises of nationalised economy, if the persons concerned work there, or in the place
indicated by the presidium of the national council which is executing the sentence. The
person punished may be directed either to paid work at reduced rates of remuneration
or, instead of to paid work, to work without wages and, in the latter case, one day of
work without wages is accepted as an equivalent to three or five days of paid work.
Existence and Location of Concentration and Labour Camps
11. At the Third Session of the Committee, the representative of the International Federation of Free Journalists produced a map purporting to show the location of labour camps, as well as " the great significance of these labour camps in
Poland ". He stated that all these camps were located in industrial areas, i.e., in
Silesia, in the coal-mining areas, in the district of Warsaw, and near the Baltic.
The Federation also produced two lists containing the names of 74 and 165
camps respectively. Detailed information on the alleged living conditions in these
camps was also given. Referring to the number of camps and their inmates, the
representative stated—
In 1948 the official publication of the Polish Government mentioned only the
existence of two forced labour camps with 5,000 people ; now, on the information received
by the Union of Polish Journalists in London, one can judge that there are about
175 forced labour camps in Poland, with a population of from 150,000 to 170,000 people.
12. The Preliminary Report on Forced Labour Camps in Poland, submitted
by the International League for the Rights of Man refers to the existence of

APPENDIX irr : POLAKD

305

forced labour camps and points out that " the geographical locations of the camps
coincido with the varions industrial projects under way in present-day Poland".
It is asserted that " the workers of camps are employed in heavy industry or in
building communication systems. There is also a close correlation between the
location of the camps and the construction of strategic communications that fit
Soviet military plans. " According to the document, these camps can be divided
into two main groups, viz. " movable " and " stable ". It goes on to list 21 places
where forced labour camps allegedly exist and gives the names of five other areas
in which " according to unconfirmed reports, there are also forced labour camps ".
It adds that, in Warsaw, apart from the one camp already mentioned in the list,
there are four others, " the prisoners of which are employed in clearing away
destruction and in rebuilding Warsaw ". I t points out that it is difficult to determine the exact number and location of such camps but adds that " it has been
estimated that there are approximately 20 to 30 camps, with an average of 1,200
to 3,000 prisoners in each".
The League also submitted an " incomplete list of forced labour camps "
when its representative was heard at the Second Session of the Committee.
13. In its memorandum dated 28 May 1952, the Christian Democratic Union
provided an " incomplete list of forced labour camps in Poland ", giving the names
of 12, together with the number of prisoners in seven of them. The figures
quoted for these seven camps represent a total of 24,500 prisoners.
14. In his statement at the Third Session of the Committee, the representative
of the Polish Association of Former Soviet Political Prisoners referred to an alphabetical list of corrective and compulsory labour camps in Poland, numbering 226
in all, of which 151 were for men, 64 for women, and 11 were special camps.
The representative of the Association added that this list was " far from
complete ". He also produced a map of the camps.
Restrictions Imposed on Polish Workers
15. In its letter dated 30 April 1952, the International Confédération of Free
Trade Unions enclosed documents prepared by the Law Library of the Library of
Congress. These are headed Digest—Index of East European Law—Poland Digest
and Forced Labour—Poland, and contain numerous references to legal texts restricting the freedom of employment, and especially to Laws of 7 March and 19 April
1950. The Polish National Democratic Committee also referred to these laws, as
well as to other texts restricting the freedom of employment.
16. The memorandum dated 28 May 1952 submitted by the Christian Democratic Union alleges that the new régime " had already begun in 1944 to deprive the
working class systematically of all social rights. First, strikes were banned in
1945 and, later on, methods of so-called competitive work (Stakhanovism), piecework pay, etc., were gradually imposed. These steps were preliminary to the introduction of a system of slave labour, fully realised only in 1950. " The memorandum
states that two laws, one to prevent the dissolution of workers' cadres and another
on socialist labour discipline, " form the legal basis of this system ".
According to the memorandum, " the workers are deprived of the right to
choose their place of work and are bound to a workshop chosen by the State by the
Law of 7 March 1950 which transforms factories and production plants into compulsory labour camps ". The memorandum further maintains that the Law of 19 April
1950 is directed " against individuals who, by impairing the discipline of work,
lower the efficiency of the self-denying labours of their co-workers ". I t alleges
20

306

BEPOBT OF THE AD HOC COMMITTEE ON EOBCED LABOUB

that a long list of penalties has been prepared " for the least infringement of labour
discipline, running from admonitions to a reduction of pay of up to 25 per cent.,
together with a prison sentence ". I t adds that " on 1 April 1952, a nnw law was
promulgated permitting the police courts to impose forced labour camp sentences
of up to three months, mostly for cases of violations of socialist labour discipline".

II.

MATERIAL AVAILABLE TO THE COMMITTEE

17. The Polish Government has not replied to the Committee's questionnaire. 1
18. No material with a bearing on forced labour has been submitted to the
Committee by the Polish or any other Government.
19. On the other hand, documents have been presented by the non-governmental organisations listed in paragraph 1 above. The Committee itself has also
collected a certain amount of information relating to the allegations summarised
above.
20. This material is dealt with in the paragraphs which follow.
Labour Imposed by a Court of Law
21. The material available to the Committee contains information on three
different forms of labour, which may either be imposed by the sentence of a court
of law or result from the execution of a sentence.
Labour Accompanying a Penalty.
22. The Polish Penal Code of 11 July 1932 makes no provision for forced
labour as an independent penalty, and no reference is made to it in Article 37,
which lists the various punishments which can be ordered. According to this
Article, the main penalties are : (a) death ; (b) imprisonment ; (c) detention
(areszt) ; (d) fine.
23. Under Articles 39 and 40 however, persons undergoing detention or
imprisonment are required to engage in work of various kinds. The Articles in
question read as follows :
Article 39 : (1) The minimum duration of a sentence of imprisonment shall be six
months, and the maximum 15 years, save where a life sentence is provided for by law.
(2) A prisoner shall be required to perform labour in accordance with the instructions
of the adrninistration of the penal institution. He may be used for work outside the
institution.
Article 40 : (1) The ininimuin sentence of detention shall be one week and the
maximum five years.
(2) A person under detention shall be required to engage in work of his own choice ;
if the work chosen interferes with the internal order of the institution, or if the person
under detention does not wish to engage in any work, the administration of the institution shall assign him suitable work.
1

United Nations document E/AC.36/13, paragraph 13.

A P P E N D I X ICI : POLAND

307

24. A Decree dated 4 November 1 9 4 4 1 issued b y t h e Polish Committee of
National Liberation on t h e protective measures t o be taken against traitors t o t h e
nation states—
Article 1 : Any Polish citizen who, during the German occupation of the territory
of the so-called General-Government and of the Bialystok voievodeship, either declared
himself to be of German nationality (Deutsche Volkszugehörige) or German origin
(Deutschstämmige), or actually enjoyed the benefits of the rights and privileges deriving
from his German nationality or German origin, shall be liable, apart from any criminal
responsibility, to be detained, placed in an isolation centre (camp) for an indefinite
period and subjected to compulsory labour.
Article 2 : (I) Detention and direction to an isolation centre (camp) shall be
ordered by the prosecuting officer of a special criminal court.
25. Regulations 2 issued under this Decree on 30 November 1944 b y t h e Chiefs
of t h e Departments of Justice, Public Security a n d National E c o n o m y a n d Finance
supply some information on t h e isolation centres. P a r a g r a p h s 8 a n d 9 read—
Paragraph 8 : Isolation centres (camps) shall be the responsibility of the Chief
of the Public Security Department.
Paragraph 9 : Supervision of isolation centres (camps) shall be carried out by
the prosecuting officer of the special criminal court.
26. An Act dated 20 J u l y 1950 t o a m e n d t h e provisions of t h e Code -of Penal
Procedure 3 deals w i t h t h e procedure followed in placing criminals in forced labour
camps or institutions for incorrigibles. Article 14, paragraph 3, of t h i s t e x t reads—
Where the court, in the light of the results of proceedings held in the absence of
a defendant who has been heard on the basis of having been granted legal assistance
(pomoc sadowa), finds t h a t he should be given a heavier sentence than t h a t indicated
in paragraph 1 or directs t h a t the accused be placed in a forced labour camp or an institution for incorrigibles, the proceedings shall thereupon be suspended or adjourned and
an order given for the defendant to be produced.
On the other hand, according t o Article 347, paragraph 3 of t h e
t e x t of t h e Code of Penal Procedure * " a sentence in absentia m a y
for ordering placement in a forced labour home, or in a n institution for
or for t h e application of reformatory or educational measures " .
paragraph 1, of the same t e x t reads—

consolidated
n o t be used
incorrigibles
Article 342,

Decisions concerning—
(b) the application of educational measures in lieu of placing the juvenile person in
an institution of correction ;
(g) the placing of a criminal in a forced labour home or in a n institution for incorrigibles ;
shall be embodied by the court in a verdict (Article 330).
Labour in Substitution

for a

Fine.

27. Apart from t h e work which is required of all persons sentenced to be
deprived of liberty, labour can also be ordered b y a court under Article 43 of t h e
x

Dziennik
Ustaw, No. 11, 13 Nov. 1944, item 54.
Ibid., No. 14, 11 Deo. 1944, item 75.
Ibid., N o . 38, 1 Sept. 1950, item 348.
'Ibid., No. 40, 13 Sept. 1950, item 364.
2

308

EEPOBT OF THE AD HOC COMMITTEE ON FORCED LABOUR

Penal Code of 1932. This Article provides t h a t , if an offender cannot p a y a fine or
it would r u i n him financially t o do so, t h e court m a y order him t o work, either in
a compulsory labour institution or outside. Should he refuse, or should it be impossible for him to work, t h e court m a y order his detention in substitution for the
fine. The offender m a y a t any time e x e m p t himself from further labour or detention b y paying t h e remainder of the fine. Should he p a y some fraction of the
fine, the labour or detention is proportionately reduced.
Labour Imposed for a Breach of Labour

Discipline.

28. An Act of 19 April 1950 to ensure socialist labour discipline 1 introduced
compulsory labour as a p e n a l t y for breaches of labour discipline and, more particularly, absenteeism. T h e penalty can t a k e two forms : (a) t h a t of a disciplinary
measure t a k e n b y t h e director of t h e undertaking, a n d (b) t h a t of a punishment
inflicted b y the courts.
29. When punished b y a court of law, a worker is obliged to remain in his
employment for a stipulated t i m e ; a percentage of his p a y is also stopped.
30. The Act of 19 April 1950 stipulates t h a t this penalty is to be ordered
" in cases of malicious or obstinate breaches of labour discipline " . I t opens in
Article 1 b y stating t h a t —
Every manual or intellectual worker, irrespective of the post he occupies and of
the nature of the work he does, if employed in a socialised undertaking or institution
or public department, shall be held responsible under the present Act for any breach
of labour discipline or unsubstantiated absence.
The following are considered to be malicious or obstinate breaches of labour
discipline : (a) four or more instances of unsubstantiated absence in a single year,
despite the disciplinary punishments inflicted ; (b) four or more consecutive days'
unsubstantiated absence (Article 7).
31. The punishments the courts impose for malicious or obstinate breaches of
labour discipline involve " an obligation [for t h e worker] to remain for a maximum
of three months in t h e job h e has hitherto been doing, combined with a 10 to
25 per cent, reduction in his wage " (Article 8, p a r a g r a p h 1).
32. This penalty is ordered b y t h e courts. U n d e r Article 8, paragraph 2, the municipal courts are also competent in this respect. Their sentences are passed after
a n appropriate recommendation has been placed before t h e m b y the director of
the undertaking, institution or official d e p a r t m e n t involved. Under Article 10,
paragraph 1, " the director shall come t o his decision [to submit the m a t t e r to the
courts] after having h e a r d t h e worker's explanations and consulted the works
committee (or its representative) or t h e representative of t h e works t r a d e union
body " .
33. All traces of a sentence of this kind can be obliterated if t h e conditions
laid down in paragraphs 2 a n d 3 of Article 11 are fulfilled. These clauses read—
(2) The record of a worker's being sentenced by a court of law (Article 8) shall
be deleted from the register of convicted offenders, if the worker so requests, after a
year of irreproachable work.
(3) The fact that he has worked irreproachably shall be certified by the director of
the undertaking, institution or public department by agreement with the works committee (or its representative) or with the works trade union body.
1

Dziennik Vstaw, No. 20, 5 May 1950, item 168.

APPENDIX m

309

: POLAND

34. A worker who fails to carry out t h e work imposed upon him by a court is
liable to punishment. Article 13 stipulates that--Any person who in any other way offends against the provisions of the present
Act or fails to serve the court sentence pronounced under Article 8 above shall be liable
to detention for a maximum of six months.
35. Article 12 also lays down penalties for the directors of undertakings a n d
other persons disregarding certain of their obligations in connection with the
enforcement of the Act.
Labour Imposed

by the Administrative

Authorities

36. Under Polish law, three forms of labour can be imposed b y the administrative authorities : (a) corrective labour without deprivation of liberty, imposed
b y a special administrative collegium ; (b) labour in a camp, imposed as a penalty
b y a special administrative body (the " Special Commission " ) ; a n d (c) general
or special compulsory labour service in the interests of national reconstruction, t o
which all Polish citizens are liable, particularly certain types of specialists. These
three forms of labour are analysed below.
Corrective Labour without Deprivation
Collegium.

of Liberty

Imposed

by a Special

37. Apart from t h e work which m a y be imposed on prisoners sentenced t o
imprisonment or detention b y a n ordinary court of justice, a new Act on penal
administrative jurisdiction 1 recognises the punishment of corrective labour without
deprivation of liberty. This penalty is imposed b y a special collegium appointed
b y national councils, or by administrative orders. The period of this p e n a l t y m a y
v a r y between a day and three m o n t h s . According t o Article 10 of this A c t —
(1) The sentence of corrective labour shall be carried out without the convicted
person losing his liberty ; from the wages due to him for the work he is doing as corrective
labour, 20 per cent, shall be deducted for the State.
(2) The persons employed in socialised undertakings, government or public departments, and State or public establishments, shall perform their corrective labour a t the
place of their employment.
(3) Other persons shall perform their corrective labour at the place indicated
by the presidium of the national council which is executing the sentence. The presidium
of the National Council may, for the purpose of carrying out a sentence of corrective
labour, direct the convicted person, instead of doing paid work, to work without payment,
one day of unpaid work being taken as the equivalent of three t o five days of paid
corrective labour.
(4) An Order of the Council of Ministers shall determine the principles and procedure
governing corrective labour.
38. Under this new law, corrective labour m a y not only be a n independent
penalty, but m a y also be imposed for a failure to p a y fines. The relevant Articles
are quoted below—
Article 14: (1) If a fine cannot be collected, the chairman of the collegium shall
substitute punishment by corrective labour for the fine, one day of corrective labour
being taken as the equivalent of a 10 to 40 zloty fine.
1

Dziennik

Ustaw, No. 66, 29 Deo. 1951, item 454.

310

REPOBT O Ï THE AD HOC COMMITTEE ON TOKOED LABOTJB,

(2) Where a fine is replaced by corrective labour, the term of punishment by
corrective labour may not exceed three months, or, if the fine has been imposed by
an administrative order, three days.
Article 17 : The grounds for starting proceedings shall be constituted by a report
from a government or public department, a State or public institution, a socialised
undertaking, the injured party or any other person.
Article 29: (1) Incases where, in view of the trivial social harmfulness of the offence,
there is no need to impose a heavier punishment than a reprimand, a fine of 150 zloty
or three days' corrective labour, the chairman of the collegium or his deputy may pronounce sentence within the above-mentioned limits by penal order without holding a
hearing on the case ; this may be done exclusively on the basis of information supplied by
government or public departments and State or public institutions.
(2) In village communities and towns having up to ten thousand inhabitants,
such a penal order can only be issued by a collegium.
39. A Special Order of the Council of Ministers of 15 December 1951,
concerning the principles and procedure governing the serving of corrective labour
sentences 1 , was issued on the basis of Article 10, paragraph 4, of the Act quoted
above. According to Article 2 of the Order, " persons employed in socialised
enterprises, State or public offices, institutions and establishments shall serve their
corrective labour sentence at their place of employment " (paragraph 1). The same is
true of persons employed in private undertakings, though " the presidium of the
People's Council may designate another place unless the undertaking itself or the
work performed by the offender therein are of greater economic importance"
(paragraph 2). Unemployed persons serve their sentences as directed by the presidium (paragraph 3). The place appointed must normally he within five kilometres
of the offender's place of residence (Article 3) ; otherwise, the undertaking must
provide for his accommodation (Article 4). Under Article 5, the choice of workplace
must as far as possible be guided by the offender's qualifications. The enterprise in
which the offender serves his sentence is responsible for assigning him his tasks
(Article 8), for seeing that his sentence is correctly served and for reporting any
irregularities of attendance to the presidium of the People's Council (Article 9).
Under Article 10, paragraph 1, the presidium may " assign the offender to unpaid
work instead of work with pay, one day of unpaid work being counted as three to five
days of paid work " ; under paragraph 2, " the equivalent of the remuneration to
which the offender would have been entitled... shall be paid to the State ".
Labour in a Camp, Imposed by a Special Administrative
Commission ").

Body (the " Special

40. On 31 August 1950 a Notice 2 was issued by the Prime Minister to promulgate a consolidated text of a Decree of 16 November 1945 " concerning the
creation and jurisdiction of a special commission for combating abuses and economic
sabotage ". Under this Decree, as annexed to the Notice, a special system of
administrative procedure was instituted to combat certain offences endangering
the country's social and economic life. One of the punishments which the administrative authorities may inflict on persons committing such offences is detention
in a labour camp. The Decree 3 is summarised below.
i-Dzivimik Ustaw, No. 66, 29 Dec. 1951, item 457.
2
Ibid., No. 41, 19 Sept. 1950, item 374.
3
See also the Order issued by the Council of State on 12 Oct. 1950 " on the internal organisation,
method of functioning and procedure of the Special Commission for combating abuses and economic sabotage " (Dziennik Ustaw, No. 47, 21 Oct. 1950, item 429).

APPENDIX H I : POIâîTD

311

Grounds for the Imposition of Labour.
41. The Decree of 16 November 1945 institutes various penalties, including
detention in a labour camp, for persons committing " offences detrimental to the
economic or social life of the country, in particular the misappropriation of public
property, corruption, bribery, speculation, and the creation of panic designed to
harm the interests of the working masses" (Article 1).
42. The Decree also covers " cases where the offender's actions are prompted
by an aversion to work or may lead to abuses or economic sabotage".
43. Under Article 2 of the Order of 12 October 1950, the Decree does not
apply to " cases against minors who, at the time -when the offence was committed,
were not 17 years of age".
Nature and Duration of Labour.
44. Article 7 of the Decree provides for the following penalties to be imposed :
(a) detention of the offender in a labour camp for a maximum of two years or a
fine not exceeding 5 million zloty or both ; (b) confiscation of the goods involved
in an offence committed by a business establishment owned by the offender, of
objects derived directly or indirectly from the offence and owned by the offender,
or of tools which were used or were intended to be used for committing the offence ;
(c) closure of the offender's business and withdrawal of his licence to engage in
trade or manufacture, as well as to occupy the business premises ; (d) a prohibition, imposed for a maximum of five years on the offender, from residing in the
province in which he had his domicile.
45. According to Article 7, paragraphs 2 and 3, detention in a labour camp is
not only a direct and independent penalty ; it may, in certain circumstances, be
substituted for an unpaid fine or even for a prohibition imposed on an offender,
from residing in a given province, in the event of his failing to observe it. The
following is the text of these two paragraphs :
(2) Where a fine has been imposed and cannot be collected, the Special Commission
or its agencies may, a t their discretion, in lieu of the fine imposed, send the offender
to a labour camp for a term not exceeding two years, irrespective of the decision already
taken to send the offender to a labour camp.
(3) Any person infringing the ban of residence laid down in paragraph 1 (d), of
this Article, may be directed by the Special Commission or its agencies to a labour camp
for a term not exceeding two years.

46. Article 8 of the Decree makes detention in a labour camp to some extent
dependent on the length of time for which the person has been held in custody, in
that it provides for the period of temporary custody to be taken into account when
the period of confinement in a labour camp is fixed. The Article is worded in the
following terms :
I n instances where a sentence has been passed ordering confinement in a labour
camp, the Special Commission or its agencies may credit all or part of the period of temporary custody against the term of confinement.

47. Provision is made for certain relaxations under paragraph 4 of Article 11 ;
this states that detainees may : (a) be released before completion of sentence ;
(b) have their sentences suspended ; or (c) have the enforcement of their sentences
postponed. Decisions in such matters are taken, by the Prosecutor-General of the
Republic, acting " in accordance with the Code of Criminal Procedure concerning
the enforcement of sentences ". Release before completion of sentence is only

312

BEPOET OF THE AD HOC COMMITTEE ON FOBCED LABOTJB

granted, however, when " the person confined to a labour camp has served a t least
one-third of the t e r m imposed in t h e sentence " . I n addition, a sentence m a y be
postponed only with t h e consent of t h e chairman of the Special Commission.
48. Under Article 25 of t h e Order, t h e length of the penalty m a y be shortened
as a measure of clemency.
Organisation

of the Special

Commission.

49. The penalties laid down in t h e Decree are ordered b y a " Special Commission for combating abuses a n d economic sabotage ", normally referred t o quite
simply as the " Special Commission " (Article 1). I t s organisation is outlined in
Articles 2 t o 4, which r e a d —
Article 2: (1) The Special Commission shall consist of a chairman, his deputy,
and members.
(2) The Council of State shall appoint and dismiss the chairman of the Special
Commission, his deputy, and the members.
Article 3: Provincial agencies of the Special Commission shall function under
the offices of the presidia of the provincial people's councils and of the people's councils
of the cities of Warsaw a n d Lodz.
Article 4 : Provincial agencies of the Special Commission shall consist of a chairman
and members appointed a n d dismissed, with the approval of the chairman of the Special
Commission, by the presidia of the provincial people's councils and, in the cities of
Warsaw and Lodz, the presidia of the people's councils in those cities.
F u r t h e r details of t h e organisation a n d operation of the Special Commission and
its agencies are given in Articles 4 et seq. of t h e Order.
50. The members of t h e Special Commission "give a pledge in the same
manner as judges a n d public prosecutors " before assuming their official duties
(Article 24). I n addition, the Code of Criminal Procedure is applied b y t h e Commission a n d its agencies in m a t t e r s of clemency a n d when a case is reconsidered (see
paragraph 57 below). Under Article 5, p a r a g r a p h 2, of the Decree " the Special Commission a n d its provincial agencies shall function in a forum consisting of three
members " 1 , while u n d e r Article 10, p a r a g r a p h 3, of t h e Order " t h e decisions of the
Special Commission shall be t a k e n b y a simple majority".
5 1 . T h e competence of t h e Special Commission a n d its agencies is defined in
Articles 11 and 16, which read—
Article 11: The Special Commission shall decide—
eases of corruption, bribery, and the creation of panic designed to harm the interests
of the working masses ;
(b) cases in which the public prosecutor introduces a motion to ban the offender from
taking up residence in the province where he has hitherto been domiciled ;
(c) other cases which the public prosecutor refers to the Special Commission on account
of particular circumstances.
Article 16 ; (1) Provincial agencies shall decide on cases as specified in Article 1
and Article 6 of the Decree with the exception of cases reserved for the decision of the
Special Commission.
(2) I t shall be the particular function of provincial agencies to take decisions
in cases of misappropriation of public property, speculation, clandestine slaughtering,
illegal tanning of hides a n d clandestine distilling.
(a)

1
Kxcept in tho case covered in Article 11, paragraph 3, of the Decree (i.e., where a sentence passed
by the Special Commission is amended on the recommendation of the Prosecutor-General of the Republie) ;
the members are then five in number.

A P P E N D I X i n : POLAND

313

Procedure of the Special Commission.
52. The Decree of 16 November 1945 and the Order of 12 October itíoü lay
down the procedure to be followed by the Special Commission in punishing offences,
but Article 12, paragraph 2 of the Decree provides that " the Council of State shall
determine the internal organisation, the method of functioning and the procedure
of the Special Commission, more particularly with reference to the provisions
governing the adoption of the decisions of the Special Commission".
53. Article 9 of the Decree states that " Proceedings regarding the direction
of an offender to a labour camp shall be conducted without a defence counsel being
present".
54. Under Article 11, paragraph 1, " n o legal recourse shall lie from the
sentences of the Special Commission and its provincial agencies". The sentences
may be suspended or postponed in certain cases ; it is also possible for release on
probation to be granted.
55. Certain types of cases may also be reviewed, Article 11, paragraph 2 stating
that " by way of supervisory control, the Special Commission may amend a sentence
passed by a provincial agency of the Commission and may reserve exclusively for
consideration by itself certain types of cases or the decision to direct an offender to
a labour camp ".
56. In addition, under Article 11, paragraph 3, " the Special Commission, sitting
in extended forum, may, on the motion of the Prosecutor-General of the Republic,
amend a sentence passed by the Special Commission under Article 5, paragraph 2 ",
i.e., when it has acted with a membership of three.
57. The Special Commission may, in certain specified cases, follow the Code
of Criminal Procedure. These cases are fa) the granting of clemency to persons
sentenced under the Decree (see Article 25 of the Order) and (b) the reopening of a
case (see Article 26 of the Order). The decision to review a case is taken by the
Special Commission " sitting in a forum consisting of three members " when it is
called upon to dispose of an application to reopen a case decided by the provincial
agencies and " sitting in a forum consisting of five members " when it is required
to review cases decided by the Special Commission.
General or Special Compulsory Labour Service.
58. A number of texts have been issued in connection with the reconstruction
of the country ; some have instituted a general system of compulsory labour service
for which all Polish citizens are hable, while others have imposed specific obligations
on young persons or certain groups of specialists. These texts, which are enforced
by the administrative authorities, are summarised below.
General Compulsory Labour Service.
59. Under a Decree dated 8 January 1946 respecting registration and compulsory labour service 1 all Polish citizens and persons domiciled in Poland who are
unable to show that they are of non-Polish nationality, aged between 18 and
55 years in the case of men and 18 and 45 years in the case of women, are required
to register with their local employment offices. Certain exceptions to this rule are
made in Article 2 of the Decree, which reads—
Article 2 : (I) The following persons shall not be required to register :
(a) members of the Polish National Council ;
1

1 . L . Ü . : Législative

Series,

1946—Pol. 3.

314

BEPOBT OF THE AD HOC COMMITTEE ON EOECED LABOUE

(b) persona in full-time military service ;
(c) judges, public prosecutors, assistant judges, and barristers serving their qualifying
period for assistant judgeships (aplikanci sadowi) ;
(d) Government and local authority officials, and employees of undertakings and
establishments owned by the State or managed by the State or local authorities ;
(e) professors, lecturers and the auxiliary teaching staff of Polish universities and
academies, whether public or privately-owned ;
(f) members of the liberal professions, provided that they are registered as practising
such profession with the appropriate professional chamber or, in default thereof,
have obtained the consent of the general administrative authority of second instance
to their practice of the profession ;
(g) persons earning their living by agriculture, forestry, stockbreeding or market
gardening, together with members of their families employed in the undertaking
concerned ;
(h) the clergy and pastors of all legally recognised confessions ;
(i) persons registered under other Decrees concerning compulsory labour service.
(2) The Minister of Labour and Social Welfare shall make an Order, in agreement
with the Minister of Public Administration, prescribing the documents to be produced
to authorities and courts for the purpose of proving exemption from the obligation to
register.
60. The lists of persons registered under the Decree have to be kept up to
date and any person who is registered must " give notice of any change of domicile
to the employment office which effected the registration . . . " . Failure to do so is
punishable under Article 8, paragraph 2. Article 9 also institutes penalties for the provision of inaccurate information. Other offences are punishable under Article 10.
61. This system of registration has been instituted in order to facilitate the
work of the authorities in directing those who register into employment. Under
Article 4—
An employment office may direct registered persons, according to their qualifications, to employment in any branch or type of employment for a period not exceeding
two years, without regard to the persons' domicile or place of residence.
I n principle, everyone is liable for labour service of this kind. Certain groups
of citizens, however, are exempt ; these are set down in Article 5 as follows : persons
not liable to registration (see paragraph 59 above), teachers in private schools,
owners and employees of industrial, handicraft and commercial establishments,
where the establishment or type of work has been recognised as of national or
local economic utility, pupils in secondary schools and students in higher educational establishments, persons unfit for work as a result of chronic illness or physical
infirmity, pregnant women, women who are nursing a child or who have the care
of one or more children under 14 years of age, and married women keeping house
for a family of three or more persons, at least one of whom is not liable for registration or compulsory labour service.
62. Those called upon for labour service are allowed a certain amount of
latitude in choosing both their type of work and also, where the service has to be
performed elsewhere than at their domiciles, their workplace (which may be in one
of a number of localities). Under Article 6, paragraph 2, of the Decree " the
remuneration and allowances payable to persons directed to employment shall not
be less than the remuneration and allowances paid to other persons employed in
the same posts and in the same branch of employment ".

APPENDIX i n : POLAND

315

63. Any person failing to comply with a direction order is liable to detention for a maximum of five years. Article II stipulates—
Article 11 : If any person fails to report in pursuance of a direction order (Section 4) within the prescribed time limit, he shall be liable to a term of detention not
exceeding five years and to a fine, or to one of the said penalties alone ; and the court
may in addition condemn the offender to loss of public rights and honorary civil rights.
(2) Proceedings in respect of an offence under paragraph 1 shall be instituted
on application being made therefor by an employment office.
64. Under Article 12, persons guilty of offences under the Decree may be called
upon to work without being entitled to the advantages mentioned in paragraph 62
above.
Special Compulsory Labour Service.
(1) Training of Young Persons.
65. The training of young persons was instituted under an Act of 25
February 1948 " on the universal compulsory vocational, physical and military
training of youth, and the organisation of physical culture and sports activities "1,
in order " to channel the creative enthusiasm of the younger generation into work
for the expansion of the might and wealth of the nation, and extend national educat i o n . . . beyond the years of compulsory school attendance" (Article 1, paragraph 2). The Act announces that its purpose is " to organise the participation
of youth in the realisation of plans for the reconstruction and the building up
of the democratic People's Poland " (Article 1, paragraph 2). I t explains that
vocational training is co-ordinated with physical and military training (Article
2, paragraph 1), and it makes provision for a special organisation called " Service
to Poland " to be set up for the vocational, physical and military training of
young persons (Article 3, paragraph 2).
66. The Act further states that the obligation to undergo vocational, physical
and military training is incumbent upon young persons of both sexes between
16 and 21 years of age and also upon persons under 30 years of age who have not
been called up for military service (Article 32).
67. In addition to the courses given, the vocational training includes work
to be done for a specified period as well as work to be done occasionally (Article 47,
paragraph 1).
68. The fixed-term work lasts for a maximum of six months for young persons
under age for military service ; for those of age or over age, the maximum period
is equivalent to that of mihtary service (Article 47, paragraph 2). Such work is
done in special units (Article 48, paragraph 1).
69. The amount of occasional work required may not exceed three days a
month (Article 47, paragraph 3).
(2) Compulsory Placement of Young Specialists.
70. An Act of 7 March 1950 " on the planned employment of graduates of
vocational secondary schools and higher schools" 2 orders that " t h e People's
S t a t e . . . shall on planned lines direct the stream of graduates from these institutions
[i.e., vocational and higher schools] to socialised enterprises and afford young
1

Dziennik Ustaw No. 12, 12 Mar. 1948, item 90.
"Ibid., No. 10, 30 Mar. 1950, item 106.

316

BEPORT OF THE AD HOC COMMITTEE ON TORCED LABOUR

people the opportunity of immediate participation in socialist construction". The
Act also states in Article 1—
Graduates of vocational secondary schools and higher schools may be bound to do
work falling within their special qualifications in a specified State or local government
institution or in another specified socialised enterprise. The duration of the above
obligation shall not exceed three years.
And in Article 4 —
The Chairman of the State Economic Planning Commission shall prepare yearly,
by 1 Aprñ, a general plan for the employment of graduates, compiled on the basis of
proposals made by the Ministers concerned.
(3) Obligation to Remain

in Certain Trades or

Occupations.

71. As a result of legislation passed to strengthen the economy of Poland,
workers have become liable t o certain obligations and m a y be punished for failing
t o comply with them.
72. Under t h e Act of 7 March 1950 t o counteract the fluidity of labour in
professions a n d trades particularly important for t h e socialised economy a persons
qualified in professions a n d trades particularly important for t h e socialised economy
m a y be obliged to r e m a i n in their jobs or t o accept others corresponding t o their
aptitudes (Article 1).
73. N o worker m a y b e compelled to remain in his employment in this way for
longer t h a n two years (Article 3, paragraph 2).
74. The Council of Ministers is empowered to issue Orders specifying the
occupations, professions a n d t y p e s of persons covered b y t h e Act (Article 2). I t
can also prohibit all workers in certain particularly important occupations from
leaving their employment for a m a x i m u m of two years (Article 5).
75. An Order requiring a worker to remain in his employment or to take
u p similar employment suspends his right t o terminate his contract. I t does not,
however, change t h e contract t o t h e worker's disadvantage (Article 4, paragraph 1).
76. Failure t o obey a n order is punishable with detention for a period of u p
t o six months or a fine of up t o 250,000 zloty, or both (Article 6).
77. Two Orders t o enforce t h e Act were issued b y t h e Council of Ministers
on 17 April a n d 13 September 1950 respectively. 2
Substitute Military

Service.

78. Another t y p e of compulsory labour was introduced b y a n Act dated
4 F e b r u a r y 1950 on compulsory military service. 3 Article 48, paragraph 1, provides
for " substitute military service " , to last two years. Article 49 reads—
Substitute military service shall consist of military training and of the performance
of work necessary for the defence of the State and for the realisation of national economic
plans.
Labour Imposed on Beggars and

Vagabonds.

79. Under an Order of t h e President of t h e Republic dated 14 October 1927 *,
beggars and vagabonds a r e liable to be ordered into forced labour homes. This
1

Dziennik Vslaw, N o . 10. 3 0 Mar. 1950, item 107.
*Ibid., N o . 18, 26 Apr. 1950, i t e m 153, a n d No. 43, 30 Sept. 1950, item 388.
'Ibid., N o . 6, 28 F e b . 1950, i t e m 46.
4
Ibid., N o . 92, 25 Oct. 1927, i t e m 823.

A P P E N D I X i n : PORTUGAL

317

Order would still appear t o be in force, since it is mentioned in a n Order of t h e
Minister of Labour and Social Welfare dated 30 May 1950 on t h e compulsory placement of beggars a n d vagabonds in forced labour homes. 1 P a r a g r a p h 1 of t h e
Order reads—
The provisions of the Order of the President of the Kepublic dated 14 October
1927 concerning the combating of beggary and vagabondage (Dziennik Ustaw, No. 92,
item 823), relating to the compulsory placement of vagabonds and beggars in forced
labour homes, shall be put into execution over the whole area of the Republic.
Restrictions

on Freedom of

Residence

80. The Decree of 16 November 1945, as reproduced in an annex t o the Notice
b y the Prime Minister dated 31 August 1950 2 places certain restrictions on t h e
freedom of residence of t h e persons whom it covers, a n d it prohibits a n offender
from residing in a given province for a m a x i m u m of five years.
81. The procedure followed in imposing such restrictions is t h e same as t h a t
for detaining persons in a labour camp. 3

Comments and Observations of the Polish Government
The Ad Hoc Committee on Forced Labour has received the following communication, dated 27 March 1953, from the Polish Delegation to t h e U n i t e d Nations :
The Delegation of t h e Polish People's Republic t o t h e United N a t i o n s herewith
returns a report containing the slanderous accusations against Poland of t h e
so-called Ad Hoc Committee on Forced Labour.

TERRITORIES ADMINISTERED BY PORTUGAL

Summary of Allegations, and of the Material Available to the Committee

ALLEGATIONS

1. Allegations concerning the non-metropolitan territories administered b y
Portugal were submitted b y —
(1) the representative of the Byelorussian 8.S.R. a n d the representative of
the World Federation of Trade Unions (W.F.T.U.)
during t h e discussions in t h e
Economic and Social Council ;
'Dziennik
Ustaw, No. 26, 3 J u l y 19S0, item 238.
1
See above, paragraph 40.
3
See above, paragraphs 52 et seq.

318

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

(2) t h e Anti-Slavery Society, London, i n a memorandum of 22 February 1952
as well a s a t a hearing of t h e Society's representative a t t h e 29th meeting of the
Committee, on 16 October 1952.
2. The allegations referred t o —
(a) compulsory labour in t h e non-metropolitan territories administered by
Portugal ;
(b) recruitment of labour i n Angola, particularly for t h e sugar plantations ;
(c) labour conditions in the Island of San Tomé ;
(d) recruitment of labour i n t h e territory of Mozambique for t h e mines in t h e
Union of South Africa.
3.

The allegations appeared in t h e following statements :
Compulsory

Labour in the Non-Metropolitan
Administered
by Portugal

Territories

I n its m e m o r a n d u m of 22 F e b r u a r y 1952 t h e Anti-Slavery
following s t a t e m e n t :

Society makes the

The I.L.O. publication entitled The Recruiting of Labour in the Colonies and in
other Territories with Analogous Labour Conditions, Report IV, published in 1935, says
(page 99) : " The 1928 Code abandoned the principles of the moral and legal obligation
to work which had formerly been the underlying principle of Portuguese Native labour
law and substituted for it t h a t of the moral obligation, to procure the means of subsistence
by labour and thereby t o promote the general interests of mankind ". This appears
to be a distinction without a difference, and is, in fact, so interpreted by the Portuguese
Administration in Africa. The writer is informed... t h a t " an African (in a Portuguese
African colony) must offer his services for one whole year in every three to the Governm e n t " . An I.L.O. publication of 1929 entitled Forced Labour, Report and Draft Questionnaire stated (paragraph 142, page 118) : " There are in the Portuguese colonies two types
of labour exacted under compulsion. Type 1 is forced labour for general or local public
purposes imposed generally on all Natives. Type 2 is the compulsory labour for general
or local public purposes or for private employers imposed solely on Natives who fail
to perform their obligations to labour and who lead a life of idleness. " And in paragraph
271 (page 206) of the same publication it is stated : " Compulsory labour for private employers may be imposed on Natives who do not conform to their ' moral and legal obligations to labour ', the principle of which, it will be remembered, was laid down in the
General Native Labour Regulations... " . I t thus appears that in the Portuguese colonies
there is in existence compulsory labour for private employers of type 2.
Recruitment

of Labour

in Angola,

The representative of the W.F.T.U.
nomic and Social Council :

particularly

for Sugar

Plantations

made t h e following s t a t e m e n t t o the Eco-

I t [forced labour] similarly existed in the Portuguese colonies. As the Anti-Slavery
Reporter for April 1949 indicated, tens of thousands of Africans were forcibly recruited
each year for work in the sugar plantations of Angola. 1
I n its m e m o r a n d u m of 22 F e b r u a r y 1952, t h e Anti-Slavery

Society s t a t e s —

. . . some information has leaked out, which is both reliable and extremely disquieting,
but for the security of the informants, its source must be anonymous. I t shows that
1
UNITED NATIONS Economic and Social Council, 12th Session, 470th meeting : Official Records,
paragraph 31.

319

APPENDIX HC : POBTTJGAL

tens of thousands of Africans from the highlands of Angola are compulsorily recruited
annually to work on the sugar plantations on the low coastal belt, and that very few
of these unfortunates survive to return to their families in their Native villages.
The memorandum, in a n Addendum, refers t o t h e conditions a t the beginning
of 1952 as follows :
. . . almost every day one sees groups of Africans waiting outside the Government
offices in Angola, Portuguese West Africa, each with a bag containing his effects. Then
Europeans come out and call the Africans, and bind the bargain b y presenting to each
African a shirt and a pair of shorts. This is contract labour, a system of compulsory
labour imposed on the Africans of Angola. I t is preceded by a request, addressed to
each chief, to furnish a specified number of contract labourers. The chief presses men
into this service by persuasion, threats or trickery, and they set out for a year in some
place remote from their h o m e s . . . . There has been great industrial development in Angola
in recent years, both in the mines and in agriculture, and it makes exacting demands
on the available manpower.
I n one district... this form of forced labour has been extended for the past three
years to boys from the age of eight years. Formerly, they were made to work for six
months. Now they have to work for a y e a r . . . . Even little girls are dragged into the
system and made to work for six m o n t h s . . . . The scarcity of labour is resulting in nearly
continuous forced labour, since men are allowed to return to their homes only for six
months or even a few weeks, and are then required t o enter on a new period of
forced labour.
Labour Conditions

in the Island

of San

Tomé

The representative of the Byelorussian S.S.B. t o t h e Economic a n d Social
Council " quoted a n article from the New York Herald Tribune dated 15 F e b r u a r y
1948 concerning forced labour in t h e Island of San Tomé which h a d been called
' The island from which there was no r e t u r n ' ". 1
I n its memorandum, the Anti-Slavery Society makes t h e following comments
on this question :
I t [the information which has leaked out, see above] also shows t h a t for several
years past there has been a reversion to the compulsory export of Natives of Angola
to the islands of San Tomé and Principe to work under a so-called " contract " system
on the cocoa plantations there—a return to the very abuse which William Cadbury,
Joseph Burtt and Henry Nevinson exposed 43 years ago. The latest information is
t h a t this export of people has recently been suspended, but that is no guarantee t h a t
it will not be resumed.
The I.L.O. publication of 1935, cited above, shows (page 102) t h a t of the total population of San Tomó of 53,969, only 19,751 were Natives of the island, and 32,817 were
immigrant workers from Angola, Mozambique and the Cape Verde Islands and 1,401
Europeans. I n 1907 Senhor Jerónimo Paiva de Carvalho, a former Portuguese curator
on the island of Principe, resigned his position and published his revelations of labour
conditions in that island. He wrote : " Owing to my position as curator in Principe,
where I saw and came into personal contact with the labourers, I understood the life
of the colony. The existence of slavery in the islands is an actual fact, although it appears
to the public to be a system of free labour. The very nature of it involves a compulsion
t h a t makes the Negro renew the contract again and again, till it constitutes forced labour
for life. The lack of a law making repatriation compulsoiy leads to slavery ; such a
law has been systematically averted by the Government [and the] planters. The method
of obtaining Negroes is a grave offence and constitutes an attack on liberty. I ana not
1

p. 119.

UNITED NATIONS, Economic and Social Council, 8th Session, 238th meeting : Official Records,

320

HEPOBT OF THE AD HOC COMMITTEE ON TOKCED LABOTJE

referring to labourers from Cape Verde or Mozambique, as in their case the law is
faithfully kept. I speak of the labourers born in Angola. They are actual slaves. Caught
in the interior or sold to Europeans by their chiefs, they come down to the coast like
any other sort of merchandise."
That was written in 1907, but the following, written in 1950, shows that there
has been no change. A traveller wrote in December 1950 : " When we went out to
Angola on a Portuguese steamer, we stopped a t San Tomé. I witnessed a scene of the
most depressing kind. The ship anchored a mile from the shore. About 250 men were
being repatriated to Mozambique. They were brought out in lighters. Each carried
a bag full of his personal belongings. The lighters went down and up with the sea,
perhaps a swing of ten feet. These old men were unaccustomed to the sea and were
terrified. A sturdy sailor stood on the ladder, and as the lighter rose would grab a
man with his bag and p u t him on the ladder, up which he climbed. After we sailed
I talked with some of t h e m who spoke Portuguese. They said that they had been in
San Tomé 25 years. Two men said, ' We came here as boys. Now we go back as old
men. Our relatives have forgotten us. We are as dead men. Our lives have been used
up '. The African man's loyalty is to his family. His condition is much worse than
t h a t of a man without property. These men from Mozambique had been robbed of
everything that makes life worth while. I n their idiom, they had been eaten
"
Recruitment

of Labour in the Territory of Mozambique
in the union of South Africa

for

Mines

Giving evidence before t h e Committee, the representative of the
Society made this s t a t e m e n t —

Anti-Slavery

The Government of Mozambique, Portuguese East Africa, has a contract with
the Rand mines of South Africa, to supply a number not exceeding 100,000 labourers
a year for the South African mines, and the Government of that colony receives a capitation fee, and I was informed t h a t the inhabitants of that colony have to give one year's
service in three to the Portuguese Government. They then are directed to go into the
Union of South Africa in performance of this agreement. A similar agreement that
existed in Liberia was attacked by the League of Nations Commission which examined
Liberian labour, and the agreement between Mozambique and the Union of South
Africa might be attacked on similar grounds.

II.

M A T E R I A L AVAILABLE TO THE COMMITTEE

4. No documents h a v e been received b y the Committee from governments,
non-governmental organisations or private individuals.
5.
naire.

The Portuguese Government did n o t reply t o t h e Committee's question-

6. The following information h a d t h u s been compiled from material collected
b y t h e Committee itself.
ComyyiÂsory

Labour

7. The N a t i v e L a b o u r Code of 6 December 1 9 2 8 1 contains a number of provisions concerning compulsory labour. T h e t e x t s are as follows :
3. The Government of the Republic shall neither impose upon the Natives of
its colonies nor allow others to exact from them any kind of compulsory or forced labour
1

1.L.O. : Legislative Series, 1928—Por. 3.

APPENDIX m : POBTUGAL

321

for private purposes, without prejudice to the discharge by the said Natives of the moral
obligation incumbent upon them to procure the means of subsistence by labour and
thereby to promote the general interests of mankind.
4. The Government of the Republic shall ensure the Natives of its colonies full
liberty to choose the work which suits them best, whether on their own account on their
own land or on the land which the Government assigns to them for this purpose on a
large scale in all the colonies, or under a contract to serve another if they prefer this,
provided that the Government shall reserve to itself the right to encourage them to
work on their own account to a reasonable extent in order to improve their means of
subsistence and conditions of life, and to exercise benevolent supervision and tutelage
in respect of their work under contracts of employment.

CHAPTER X .

FORCED A3SD PENAL LABOTJB

Division I.

Forced Labour

293. Compulsory, forced or obligatory labour shall mean all work which any
Native is compelled to perform either by means of threats or violence on the part of
the person imposing it upon him or merely by an order from the public authorities.
294. Forced labour for private purposes shall be absolutely prohibited, and persons
imposing it on others shall be punished as provided in Sections 328 and 344.
Sole subsection. Forced labour for public purposes shall be allowed by way of
exception in certain urgent and special cases, but only under the conditions laid down
in this chapter.
295. The power to decree the use of forced labour for public purposes and to issue
regulations for its use shall be vested exclusively in the Government of the mother
country, and it shall be absolutely prohibited for the Governors of the colonies to adopt
any legislative measures or issue any ordinary notices, whether oral or in writing, which
in any way direct or authorise this, except in the special cases enumerated in the next
section and subject to strict observance of the principles laid down in this chapter.
296. Recourse to forced labour for public purposes shall be allowed only in the
following cases :
1. when owing to urgency or for some other sufficient reason it is impossible to secure
the requisite number of voluntary Native workers for the carrying out of Government
or municipal public works ;
2. when help must be rendered in cases of emergency or public calamity, such as fire,
floods, damage done by storms or convulsions of the elements, plagues of locusts
or other pests and epidemics ;
3. for work as follows :
(a) the cleaning and sanitation of Native villages or quarters and the vicinity thereof, and of the accommodation for cattle or open spaces connected with the said
villages or suburbs ;
( b) the cleaning and maintenance of springs, wells, ponds and other reservoirs of
water intended for the use of the Native population or their cattle ;
(c) the clearing of paths between Native villages in cases where the said paths are
not used mainly for vehicles driven by motors or drawn by animals and used
by settlers or the Government ;
(d) the hunting and extermination of creatures dangerous to the health and existence of the Natives or their cattle, or to their crops and the preservation
of their harvests ;
(e) the cultivation of certain lands reserved for Natives in the vicinity of their
villages, the produce of which accrues exclusively to the persons who cultivate
them or in accordance with Native custom to a specified Native community.
21

322

REPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

297. Forced labour for public purposes shall always be remunerated or subsidised
as follows :
1. in the cases mentioned under No. 1 above, the Natives called u p for employment
on public works shall receive the same wages as voluntary workers, or larger wages
if they are worth more owing to their qualifications, and shall be entitled to the
same rations, housing, clothing, transport, medical attendance and other advantages
granted to persons who have voluntarily entered into contracts, and shall be deemed
to be on the same footing as these persons in respect of the enjoyment of all these
advantages, and also t o be under special benevolent supervision which allows them
to make the best use thereof ;
2. in the cases mentioned under No. 2 above they shall be supplied with rations and
housing if the duration of the employment necessitates this, and in any case shall
be granted a reward on the completion of the work ;
3. in the cases mentioned under No. 3 above, the Government through the local authorities and public departments shall grant the workers subsidies in the form of materials,
tools or seed which the natives cannot obtain on their own account and which it is
reasonable to supply t o them in order to ensure a better result from their labour
for their direct advantage.
298. I t shall always b e borne in mind in having recourse to forced labour that
the sole interest of the Government is in the carrymg out of the work for which the said
labour is permitted, and n o t in any case in the carrying out of the said work free of
charge or b y cheaper methods a t the cost of sacrificing the Native population thereto.
299. The administrative authorities for the areas of residence of Natives shall be
the only authorities competent to impose labour upon them for the public purposes
enumerated in Section 296, and even these authorities shall not have recourse to coercive
measures unless the persuasive methods adopted by them to levy the Natives for the
performance of the work in question prove insufficient.
Sole subsection. I n employing both the persuasive methods and coercive measures
which they consider necessary, they shall act in every case through the tribal chiefs,
and shall allocate work a n d select workers in agreement with them, giving preference
in the selection to the Natives whose idleness is most excessive and who can be employed
on public works without prejudice to their own economic activities or with comparatively
little prejudice thereto.
300. Action taken b y the authorities or public servants to compel Natives to
take u p or resume work for which they have voluntarily entered into a contract, in
cases where without any cause approved by the curator or his agent as sufficient they
refuse to take u p the said work or leave it before the expiry of the contract, shall not
be deemed to be the imposition of forced labour.
301. A public authority shall not in any case impose the forced labour permitted'
by Section 296 on the following persons :
1. Natives above the age of sixty years or under the age of fourteen years ;
2. sick and disabled persons ;
3. policemen employed by the State or by private persons authorised to keep them,
and persons who have enlisted in any regular force responsible for public or police
duties ;
4. Natives under contract who are working for private persons or the Government;
5. tribal chiefs recognised as such b y public • authority ;
6. Natives repatriated from Portuguese or foreign colonies, within the six months
following the date of their return home ;
7. women, for the work mentioned under No. 1 of Section 296, or for any other work
outside the area where they reside.

APPENDIX m : PORTUGAL

CHAPTEÄ X I I .

323

MjSTAI/JOaS

328. If any official or employee of the State imposes upon Natives forced labour
in the service of any private persons, or directs his subordinates to act in a way which
obviously constitutes such imposition, he shall be sentenced to the disciplinary penalty
of temporary retirement for more than one year or dismissal.
Sole subsection. I n addition to the disciplinary penalty imposed upon him for
the offence consisting in the action itself, he shall be punished in accordance with the
Penal Code for any violence of which he has been guilty towards Natives if the imposition
of forced labour was accompanied b y violence.
329. The following actions shall constitute the imposition of forced labour :
1. any order coupled with threats of punishment which is given to Natives for the
purpose of calling them up to enter into contracts of employment with a particular
private person ;
2. any physical violence towards Natives to compel them to work in the employment
of any private person ;
3. any order coupled with threats of punishment or with physical violence which is
given to tribal chiefs requiring them to compel Natives under their authority to
work for any private person.
Sole subsection. The actions mentioned in Sections 36, 37 and 300 \ and mere
advice and other benevolent persuasive measures employed with Natives to induce
them voluntarily to find work either on their own account or in the employment of
a private person, and orders and other measures necessary for the purpose of forcing
Natives to carry out any lawful contract into which they have voluntarily entered with
a private person, shall not be deemed to be the imposition of forced labour.
8. The Organic Charter of the Portuguese Colonial E m p i r e of 19 April 1947 a
contains t h e following provisions :
240. The State will not impose or permit the imposition upon the Natives in its
colonies of any form of forced or compulsory labour for private purposes, and a t the
same time will not neglect their need t o earn their living by their labour.
241. The State shall only have the right to compel Natives to work if they are
employed upon public works of general interest to the community, in occupations where
they themselves enjoy the results of their work, in pursuance of judicial decisions of
a penal character or for the purpose of discharging liability in respect of taxes.
242. All work performed by Natives in the service of the State or aólministrative
bodies shall be paid for.
243. No system—
1. whereby the State undertakes to supply any undertaking conducted for profit with
Native workers ;
2. whereby the Natives in a given territorial division are compelled t o work for any
such undertaking in any capacity ;
shall be permitted.
244. The system of contracts for the employment of Natives shall be based upon
individual liberty and the right to fair wages and assistance, the public authorities
intervening solely for the purpose of supervision.
1
2

Section 300 is quoted above, and Sections 38 and 37 are quoted below, in paragraph 12.
I.L.O. : Legislative Series, Z947—Por. 2.

324

BEPORT OF THE AD HOC COMMITTEE OK FORCED LABOUR

Sole subsection. The freedom of the Natives of the Portuguese colonies to choose
whatever work they think best, whether on their own account or on account of another,
on their own land or on land set aside for the purpooo in the territories of tho Empire,
shall be guaranteed. The State reserves the right to act as their guardian by attempting
to guide them towards methods of work on their own account which will improve their
individual and social condition.
9. I n a report t o the International L a b o u r Office received on 20 February
1950, the Portuguese Government m a d e t h e following comments on these provisions :
Among the various legislative provisions governing indigenous labour, we would point
first t o the Colonies Charter (Sections 15 et seq.), the provisions of which are considered
to be part of the political Constitution of the Portuguese Republic under the terms of
Article 133 of the Constitution. Secondly we would mention the Organic Charter of
the Portuguese Colonial Empire (Sections 240 et seq.) and, lastly, the Native Labour
Code approved by Decree No. 16199 of 6 December 1928.
These three legislative texts constitute the essential basis of the legislation in force.
Under their provisions forced or compulsory labour or labour under constraint is strictly
forbidden for private purposes. For public purposes, compulsory labour is permitted
as a n exceptional measure in certain special and urgent cases, b u t then only subject
to the conditions laid down in Chapter X (Sections 293 et seq.) of the Native Labour
Code. The Metropolitan Government is alone competent to decree and regulate the
use of compulsory labour for public purposes. I t is strictly forbidden for Governors
of colonies, whether b y means of legislation or simple administrative decisions,
whether orally or in writing, t o take measures imposing or authorising such use of compulsory labour in any manner whatsoever apart from the special cases expressly mentioned or unless they abide strictly by the provisions of the above-mentioned chapter.
Five years later, t h e administrative reform of the oversea possessions, approved
by Section 617 of Decree No. 23229 of 5 November 1933—a unique case in the annals
of Portuguese legislation—authorised the provincial and local administrative authorities
to require that every adult and able-bodied member of the indigenous population should
provide up t o five days' labour a year for public works directly benefiting the indigenous
population, such labour being redeemable.
I n general, it may b e said t h a t the legislation in force in the Portuguese colonies
on this subject has not been surpassed by Convention No. 29 and that, in certain respects,
it may even be considered more favourable to the indigenous population. Thus, the
use of the indigenous population for the transport of official or private persons is absolutely
forbidden and can be tolerated only in the event of illness or in similar cases. The indigenous population is not liable for the compulsory transport of goods or merchandise
not belonging to it, except for short distances.
Becruitment

of Labour

Angola

10. I n Sections 24 t o 86, t h e Native Labour Code of 6 December 1928, quoted
a b o v e 1 , contains detailed regulations for the recruitment of Native labour. According
t o Section 25, no one m a y recruit Native workers without official authorisation.
Nevertheless, this Section allows a certain number of exceptions t o t h e rule.
Section 26, s t a t e s —
Licences to recruit workers may be issued as follows :
1. for recruiting for the recruiter's own service ;
2. for agents of companies recruiting workers for employment within the colony ;
3. for general agents recruiting workers for employment by others in their own colony ;
1

See above, paragraph 7.

APPENDIX m : POBTUGAL

325

4. for agents of companies authorised to recruit workers for employment outside the
colony ;
5. for assistant recruiting agents or private recruiting agents.
11.

Certain recruiting methods are prohibited under Section 30, as follows :

30. A holder of a licence shall not—
1. undertake recruiting operations in the area of any agency of the curator other than
that through which the licence was issued, without attending before the agent of
the curator concerned for visa and registration ;
2. take recruited Natives to the place of employment without having previously brought
them before the competent authority t h a t it may co-operate in the drawing up of
the contracts if the Natives in question are to be employed outside the area where
they were recruited ;
3. recruit for persons for whom he is not authorised by his licence to do so, or transfer
to another the workers whom he has recruited, without their consent and the approval
of the authorities of the recruiting area ;
4. divert Natives in any way which is not permitted by law or justifiable from the
purpose for which they were recruited or for which they entered into contracts ;
5. lead Natives or their Native chiefs to believe t h a t he represents public authority
in any way or that he is recruiting by order of public authority or for any Government
employment ;
6. wear clothes or insignia identical or liable to be confused with military uniform or
with the uniform of any civil authority or official ;
7. make any sales on credit or any advances to Natives which entail on them the obligation to pay for the value received b y means of work which can only be done under
a contract compulsorily subject to the co-operation or ratification of the authorities,
except as regards the advances specified in the contract and made in the presence
of the authorities which are permitted by this Code ;
8. trade with the Natives whom he has recruited or with whom he has entered into
contracts ;
9. resort to any fraud, threats or violence to compel Natives to enter into contracts
of employment ;
10. maliciously hinder in the exercise of their calling any other recruiting agents whom
he encounters during recruiting operations in the same area.
12. The role of public authorities in recruiting operations is defined in t h e
following provisions :
36. All authorities which exercise jurisdiction over the Native population or in
the exercise of their functions come into direct contact with the said population shall
be bound to facilitate the operations of all persons wishing to recruit workers, provided
that the persons engaged in this calling procure Natives to enter into contracts of employment by lawful means and in an honest manner.
37. The facilities to be granted to recruiting agents shall be limited to the following :
1. pointing out to them the places where owing to greater density of population, less
need for the Natives to attend to their agricultural work or other incidental reasons,
recruiting can be carried on more easily ;
2. not hindering them in any way in the exercise of their calling, except by strict obedience to tho provisions of the law or justifiable correction of a tendency to commit
abuses ;
3. advising tribal chiefs and Natives either in the presence of recruiting agents or otherwise to obtain employment, but explaining to them in all cases t h a t they are not
in any way under an obligation to enter into a contract of employment with the
recruiting agents in question ;

326

REPORT OF THE AD HOC COMMITTEE OF FORCED LABOUR

4. checking rumours and propaganda which in any way instil into the minds of the
Natives false statements tending to prejudice the honest work of the recruiting
agents and employers, and taking proceedings in accordance with the law against
the persons who set on foot or propagate such false statements ;
5. in any emergency affording them all the moral and material assistance which it is
right and customary to give to persons travelling in the interior of the colony, provided that such assistance shall not be embodied in actions which may be interpreted
by the Natives as coercion by the authorities to compel them to enter into contracts
of employment with the recruiting agents in question.
38. The following action shall be absolutely prohibited for the authorities mentioned
in Section 36 :
1. to recruit Native workers for the employment of private persons, either directly
or through any officials or public employees who are subordinate to them ;
2. to accompany recruiting agents or delegate their subordinates to accompany them
on the journeys made b y the said agents through the Native villages and districts
in search of workers, provided t h a t this prohibition shall not apply to cases in which
the authorities or their subordinates travel by chance in the company of recruiting
agents, so long as they do so without any intention to coerce the Natives by their
presence to enter into contracts or for the purpose of watching and supervising
their activities ;
3. to supply recruiting agents with Native police or other public employees to accompany
them during their recruiting operations or to watch over Natives during the journey
from the place where they are recruited to the place of employment ;
4. to require a recruiting agent to pay any duty, fee, deposit or charge the levying of
which is not authorised by law, or any gift or bonus either for themselves or their
subordinates or for the tribal chiefs and Natives ;
5. to prevent recruiting agents from offering any gifts to Natives whom they are
endeavouring to recruit or t o their tribal chiefs, unless the said offers are made on
condition of repayment of the value received if the contracts are not accepted, or on
condition t h a t the tribal chiefs compel the Natives to enter into contracts ;
6. to act in any other way not specified above which manifestly constitutes coercion
of the Natives or may be deemed to be an intentional infringement of the liberty
of action granted to recruiting agents to engage lawfully and honestly in their calling.
Sole subsection. Persons guilty of failure to observe the provisions of this section
shall be sentenced to the disciplinary penalties applying to them under this Code of
the disciplinary regulations in force, provided t h a t in cases where the said penalties
are not imposed by the curator or his agents on their subordinates they shall not be
imposed otherwise than as laid down explicitly in Section 366 and the subsections thereof.
13. I n Sections 95 t o 163 the Code defines t h e system of contracts of
employment. According t o Section 9 5 —
95. The Government shall not co-operate in the conclusion of contracts of employment for any other purpose than t h a t of ensuring the Natives freedom to contract for
employment with the person with whom they wish to do so and of supervising the carrying
out of the contracts, while extending to the Natives the protection which they need.

Section 96 provides that—
96. Contracts may b e entered into either with or without the co-operation of
the authorities.
Under Section 120—
120. Contracts concluded with the co-operation of the authorities shall be drawn
u p in the presence of the curator or his agents and countersigned by them after they

APPENDIX m : POBTUGAL

327

have ascertained that the contracting parties mutually and without any coercion accede
to each and all of the clauses of the contract and that none of the said clauses is contrary
to the provisions of this Code.
Section 127 provides that—•
127. Contracts concluded without the co-operation of the authorities may be
entered into in writing or orally. Whichever method is adopted the employer shall in
all cases be bound to perform the duties incumbent upon him under this Code and the
terms (whether express or implied) of the contract entered into, but the right to compel
the worker to carry out the terms of the contract shall not be conferred upon the employer
unless the contract has been duly ratified by the competent authority.
14. The Code includes special provisions for contracts for employment outside
the colony (Sections 137 to 155), contracts with workers belonging to a foreign
country or colony (Sections 156 to 158), renewal of contracts and extensions of the
period of employment (Sections 159 to 163).
15. Other chapters of the Code deal with the transport of workers, wages,
rations, housing and clothing, relief for workers, industrial accidents and social
welfare.
Labour Conditions in the Island of San Tomé
16. In 1926 and 1927 modi vivendi were concluded between the colonies of
San Tomé and Principe on the one hand, and the colonies of Mozambique, Angola
and Cape Verde on the other, with a view to supplying labour to the first of those
territories.
17. The modus vivendi with the colony of Mozambique (Decree of 9 March
1926) x provides for the recruitment of 3,600 workers a year through the San Tomé
and Principe Emigration Company or its representatives (Sections 1 and 2). For
each worker engaged the Company must pay the Government of the province of
Mozambique a fee of 50 escudos, and for the renewal of contracts a fee of 25 escudos
per worker (Section 14). The Company is responsible for the repatriation of
workers on the expiry of their contract (Section 27).
In addition, the agreement contains provisions relating to the families of
recruited workers (Sections 4 to 6), to the normal working hours (9 to 10 hours a
day) (Section 7), Sunday rest (Section 8), accommodation (Section 9), compensation
due for industrial accidents (Section 19), and other specific questions concerning
the status of recruited workers.
Section 10 provides for a 50 per cent, deduction from the wages of every worker
to be paid by the authorities of the province of Mozambique on the occasion of the
return of the worker to his country of origin.
18. This modus vivendi, as was the case with similar agreements with the
colonies of Angola and Cape Verde, was modified and supplemented by a Decree of
2 October 1936 2, which provides that the length of the contract shall be four years
without prolongation (Section 1). On the expiry of the contract, the worker must
be repatriated at the expense of the employer (Section 3).
Section 2 provides that " a worker shall not be entitled to remain in the Islands
of San Tomé and Principe for a period exceeding four consecutive years in all, even
if he clearly and explicity states his wish to do so, unless he settles there ".
1
1.L.O.
2

: Legislative Series, 1926—Por. 1.
1.L.O. : Legislative Series, 1936—Por. 4.

328

BEPORT OF THE AD HOC COMMITTEE ON FORCED LABOUR

Section 5 provides for a minimum wage a n d specifies t h a t one-quarter of the
wage is to be placed on deposit for t h e purposes of repatriation, t h e remaining threequarters being p a i d t o t h e worker. Section 6 exempts recruited workers from the
p a y m e n t of the Native t a x from t h e d a t e of t h e conclusion of t h e contract until their
r e t u r n to t h e place of departure. Section 8 provides for t h e p a y m e n t of debts to
t h e repatriation fund for expenses incurred b y t h e fund for t h e repatriation of
workers. R e p a y m e n t m a y be m a d e in five equal annual instalments bearing
interest at 5 per cent, p e r a n n u m .
19. A Decree d a t e d 8 M a y 1 9 4 6 1 modifies t h e regulations governing the
emigration of Native workers from Angola t o San Tomé a n d Principe. The main
provisions of this Decree are a s follows :
Considering t h a t the problem of Native labour is of capital importance for the
colony, of San Tomé and Principe since it is closely linked with the agricultural prosperity
of the islands,
Considering the necessity of having regard for the legitimate interests of both
colonies while maintaining the inviolable rights of the Natives and exercising towards
them the humanitarian guardianship of the State :
The Colonial Minister decrees and promulgates the following :
Article 3 : Normally the maximum annual number of male Native workers
over 18 years of age recruited in Angola for work in the agricultural estates of the islands
of San Tomé and Principe will be 5,000.
Article S : The Native will work in San Tomé and Principe on the estates
for which he was recruited, transfer to another employer being prohibited unless with
official authorisation, or in the case of the estate changing hands, in which event the
new employer assumes all the responsibilities of the existing contract.
1. As far as possible the Natives will be recruited to work in regions where the
climate is similar to t h a t of their homes, avoiding the employment in cold and high
regions of Natives from hot and low-lying areas.
Article 7 : Contract workers from outside the colony of San Tomé and Principe
whose contract in the colony has expired, but who have not been repatriated owing
to the world situation, are considered as being re-engaged by the same employers as
from the date of termination of the first contract, though remaining in the position
of awaiting transport for repatriation.
Sole paragraph. The prolongation of the period of contract referred to in this
Article is on an annual basis, b u t without prejudice to the right of repatriation depending
solely on the availability of transport.
Article 8: Each contract worker re-engaged under the terms of the preceding
Article will be registered a t the trusteeship offices in San Tomé and Principe and employers
will pay a tax of 5 escudos and a fee of 1 escudo which will be collected as revenue in
execution of the Native Labour Code.
Sole paragraph. The registration will be made b y affidavit of the employer which
the trusteeship office will legalise as and when convenient.
Article 9: Contract workers re-engaged under the provisions of this Decree
will continue to contribute to the F u n d that proportion of their wage corresponding
to the repatriation bonus, and will enjoy all rights and privileges under legislation in
force or which m a y be promulgated concerning Native labour.
1

Diario do governo, 1946, p p . 355-356.

329

A P P E N D I X H I : POBTTJGAL

Article 10 : The Government of San Tomé and Principe will take the necessary
steps progressively to increase the repatriation of Natives from Angola at present working
in San Tomé.
Sole 'paragraph. The initial figure will be 50 per cent, of the number of workers
re-engaged. This percentage will be progressively increased until the repatriation is
concluded of all those whose contracts have expired.
Article 11 : At the same time as the deposit referred to in Article 6 of this Decree,
employers of Native workers recruited in Angola will make a further deposit amounting
to 10 per cent, of the total amount of monthly wages as a guarantee against the expenses
of repatriation to the place of residence of the workers in t h a t colony.
Sole paragraph. The deposit of 10 per cent, referred to in this Article does not
exempt the employer from paying a higher sum if necessary for the total payment of
the repatriation expenses for which he is responsible.
Article 12: The deposit of SO per cent, of the wages of the Native workers
will be made only when they are settled on the islands of San Tomó and Principe.
1. The administrative conditions of settlement are t h a t the Native should occupy
a State holding of at least 200 square metres or that he should be considered satisfactorily
settled by the general trusteeship office of Angola.
20. I n connection with t h e question of repatriation of these contract labourers
t h e Committee h a d before it t h e following i n f o r m a t i o n 1 :
Thanks to the facilities given by the Ministry of the Navy to the Ministry of Colonial
Affairs an intensive repatriation has taken place in recent months for contract labourers
from San Tomé who have completed their contracts. As a result, the return of 1,124
Natives from Mozambique has been effected lately.
The total number repatriated during the last months was 2,612, of which 1,337
returned to Angola and 1,231 to Mozambique. Since the total Native population of
San Tomé is scarcely 28,000, whereas a labour force of some 30,000 adults is needed
in the plantations of the colony alone, it was necessary to provide for the replacement
of the Angolans and Mozambicans who returned to their country.
Hence, entry has been provided for 2,636 persons from both colonies, many of
whom are accompanied by their families. I n addition, 3,894 persons from Cape Verde
are being sent to the same destination, 2,160 of whom are women.
Thus it is anticipated t h a t the problem of repatriation of all contract labourers
will be solved shortly.
Recruitment

of Labour in the Territory of Mozambique
in the Union of South Africa

for

Mines

21. A Convention concluded on 11 September 1928 between t h e Government
of t h e Union of South Africa and t h e Government of t h e Portuguese Republic 2
regulates, inter alia, t h e emigration of Native workers from Mozambique t o t h e
Union of South Africa with a view t o their recruitment in t h e gold a n d coal mines
of the province of the Transvaal. Article I I I provides for the number of workers t h u s
recruited to be reduced from 100,000 t o 80,000 between 1929 a n d 1933. Article I V
entrusts the recruitment, allotment and repatriation of such workers t o a n organisation (or organisations) duly approved b y b o t h Governments. U n d e r Article V,
recruitment can be carried o u t only b y employees of such organisations, a n d t h e
latter must obtain a licence which is subject t o various conditions, among t h e m the
p a y m e n t of a t a x of 100 pounds sterling a n d t h e deposit of a like sum as a guarantee.
1
a

Boletim geral das Colonias (Lisbon), 3?et>. 1948, p p . 58-59.
Union of South Africa Government Gazette, 17 Sept. 1928, p p . 539 et seq.

330

REPORT OS" THE AD HOC COMMITTEE OST FORCED LABOUR

In Article VI, the Government of Mozambique reserves the right to prohibit
recruiting for any mine the responsible staff of which has been guilty of breaches of
the Convention. Under the terms of Articles VIII and IX, Portuguese Natives may
not be recruited unless they are in possession of an identification card and a Portuguese passport, the fee for which is 10 shillings. The employers, for their part, have
also to pay various fees (Article X). If the total fees received by the Government
of the Portuguese Republic amount to an average of less than 35 shillings 1 per year
per Native recruited, the deficiency shall be paid by the mines. Employment
contracts are for a period of not more than one year and may be extended for a
further period of six months (Article XII). After the first nine months, about half
the earnings of the workers is to be retained by the mines and paid to them on
their return to Mozambique (Articles X I I I and XIV). All deductions from wages
in respect of advances made to the workers by the mines must be made during the
first nine months of their employment (Article XVIII). According to Article XXII—
No pass shall be issued by the Union Government to Portuguese Natives resident
within its territories enabling them to travel to any country except Mozambique unless
they produce a written authority from the curator, and all travelling passes enabling
the Portuguese Natives to leave the Union shall be visaed by the curator. No passes
shall be granted to Portuguese Natives enabling them to travel from one province of
the Union to another without the authority of the curator.
Article XXVII provides for a Portuguese official to undertake at Johannesburg
the duties of curator for all Portuguese Natives resident in the Union. His duties
include the collection of the fees and taxes provided for under the Convention, the
issue or refusal of passports to Portuguese Natives, supervision of the allotment of
workers to the different mines, attending enquiries in case of dispute, looking after
the interest and welfare of the Portuguese Natives, arranging their repatriation
and granting or refusing leave to visit Mozambique.
22. According to the Yearbook and Guide to Southern Africa,2 this Convention,
with some amendments, is still in force. I t appears that, in 1940, the Portuguese
Government agreed to raise the number of Native workers recruited for the mines
of the Union of South Africa to 100,000, and that, on 31 December 1948, there
were 116,423 workers from Portuguese territories in the mines of the Union of
South Africa out of a total of 308,377.
23. Lord Hailey wrote as follows regarding such recruitment of labour :
Natal, where the shortage of labour in the sugar fields constituted a special case,
had resorted as far back as 1860 to the use of indentured Indian labour ; in 1896 the
Portuguese Government authorised recruiting for the gold mines, and an agreement
of 1901 between the two governments regularised the organisation of the recruiting
agencies. The acute labour crisis in the mines after the South African War led in 1903
to the short-lived experiment of the importation of Chinese labour ; increased importance
was attached to recruiting from Portuguese areas, and beginning with 1909 a series
of conventions on the subject was concluded with the Portuguese Government. Though,
of course, the Union cannot be held directly responsible for the fact, it is generally
agreed that recruitment in Portuguese areas has involved some element of compulsion,
though its exact degree is not easy to determine.3
1
This sum was raised to 44 shillings by a Supplementary Agreement dated 17 Nov. 1934 (Union
of South Africa Government Gazette, 21 Nov. 1934, p. 361).
2
Edited by A. Gordon-Brown for the Union Castle Mail Steamship Co., Ltd., 1950 edition (London),
pp. 292-293.
3
Lord HAILEY : An African Survey, 2nd edition (London, Royal Institute of International Affairs,
1945), pp. 638-639.

APPENDIX m : POBTTOAL

331

Comments and Observations of the Portuguese Government
The Chairman of the Ad Hoc Committee on Forced Labour has received the
following letter from the Portuguese Ministry of Foreign Affairsl :
I
On 22 November 1952 the Ad Hoc Committee on Forced Labour of the International Labour Organisation forwarded to the Ministry of Foreign Affairs a confidential document summarising a number of allegations against the Portuguese
Government with regard to forced labour. In the letter, to which the said document
was attached, the Chairman of the Ad Hoc Committee emphasised that it had come
to no conclusions either on the relevancy of the allegations or on the evidential
value of the information summarised, and invited the Portuguese Government to
transmit any comments or observations it might wish to make.
II
The Portuguese Government has no objection to providing the Ad Hoc Committee, in this regard, with a brief statement consisting of factual information, since
the subject is one on which it wishes that a clear understanding should prevail :
but the action of the Government in so doing does not imply its consent to the passing
of a judgment on these matters by any outside party. It will readily be recognised
that no sovereign Government could accept such a judgment. In this spirit, the
allegations contained in the above-mentioned confidential document are examined
below and brief comments appended which, in the opinion of the Portuguese Government, entirely clear up the points raised.
Ill
(a) Compulsory Labour in the Portuguese Overseas Territories : Reference to the
Memorandum of the Anti-Slavery Society dated 22 February 1952, in Which
it is Concluded that there Appears to Exist in the Portuguese Colonies Compulsory Labour for General of Local Public Purposes or for Private Employers
Which is Imposed Solely on Natives who Fail to Perform their Obligations to
Labour and Who Lead a Life of Idleness.
This allegation is entirely unfounded. The general terms in which it is couched
themselves deprive it of any evidential character ; and the very vagueness of the
statements renders it difficult to prove the contrary, whereas such proof would
be easy had the allegations been definite and therefore demonstrably false. Furthermore, the source quoted—statements of a high British official (unspecified) in
a British colony (unspecified)—is inadmissible. Neither in the laws and regulations
nor in the administrative practice of any Portuguese overseas province can there
be found the least foundation for what is alleged in the above-mentioned memorandum of 22 February 1952. The passage, quoted in the said memorandum, from
the I.L.O. publication of 1929 entitled Forced Labour, Report and Draft Questionnaire, is out of date : it is based on the Portuguese regulations of 1914, and
can only be applied to the labour system established thereunder. I t relates in no
1

Transmitted by the Portuguese Legation at Berne together with a note dated 30 Apr. 1953.

332

BEPOKT OF THE AD HOC COMMITTEE OK TORCED LABOUR

way and proves nothing with regard to the present system, which was introduced
under the Code of 1928 and is defined also in Article 145 of the Constitution.
The following are prohibited :
(1) any system under which the State were to assume the obligation to provide indigenous workers for any undertakings of an economic character ;
(2) any system under which the indigenous persons in any area were to be obliged to
serve such undertakings on any basis.
This is the truth regarding the law and the truth regarding the administrative
practice.
The inadmissibility, irrelevance and impropriety of the quotations made by
the Anti-Slavery Society are obvious.
(b) Recruitment of Workers in Angola, Especially for the Sugar Plantations.
Neither in Angola nor in any other Portuguese overseas territory can there
be any compulsion to work for private undertakings. The principles which apply
in this regard are sufficiently well known to the I.L.O. ; but it should be borne in
mind that the essence of the system is clearly expressed in Article 147 of the Constitution :
The system of contracts of employment of indigenous persons shall be based on
individual freedom and on the right to a fair wage and to assistance, the public authorities intervening only for purposes of supervision.
Infringement or abuse of this rule is rare, and both are by their nature sporadic
and exceptional. The general rule is laid down in the above-mentioned Article
147, and it is neither legitimate nor reasonable to deny that the law is applied merely
because there may perhaps have been an occasional violation, which would be immediately repressed by the authorities.
I t is equally untrue that there is a shortage of labour in Angola. Apart from
such elements of the population as have a permanent occupation and are remunerated accordingly, the number of workers available for employment by other
persons was 477,540 in 1951 (it is'certainly greater at present owing to the decrease
in clandestine emigration and the increase in the volume of former emigrants returning to the country). In 1951 the number of applications for recruitment permits
related to only 247,956 workers, leaving a balance of 229,584. The provincial Government, wishing to encourage and stimulate the mechanisation of various undertakings, accorded permits in respect of only 155,422 workers. However, full advantage was not taken of these permits, the number of workers actually recruited being
only 92,196. The balance effectively available was thus 385,344.
As regards the labour employed in the sugar undertakings, of which there are three
in Angola, it should be made clear that such undertakings enjoy no exceptional
status regarding the recruitment of workers. They are subject to the above-mentioned constitutional disposition which prohibits the supply of indigenous workers
to any undertakings operating for economic purposes. The total number of Native
workers recruited annually for the above-mentioned three sugar undertakings in
Angola is about 8,000. I t is therefore not true that such recruitment amounts to
tens of thousands annually ; nor is it true to state that few such workers survive
to retire to their villages. The workers receive regular abundant food, appropriate
health facilities, housing, etc., which compensate for the hypothetical disadvantages of a temporary change of climate. To prove this it is suf&cient to state that
the death rate does not exceed 1.1 per cent.

APPENDIX m : PORTUGAL

333

Reference is also made to an alleged recruitment of children of both sexes aged
eight years or •ander. In this regard, attention, is drawn to the fact that Articles
99 and 100 of the Indigenous Labour Code prohibit the engagement of indigenous
persons who are inapt for employment owing to old age or sickness or because they
are under 14 years. Contravention of this rule is severely punished. Furthermore
it is regrettable that the allegations in question are submitted without any indication of source and that no definite local or other particulars are indicated such
as would enable the Portuguese Government to proceed to a strict investigation in
addition to the stringent supervision normally exercised by the authorities.
Consequently, not even a remote justification can be found for such an allegation, unless the Anti-Slavery Society's anonymous informant took for recruited
persons the children who, in accordance with custom, sometimes accompany their
fathers or uncles without being given any kind of work.
(c) Conditions of Work in the Island of San Tomé.
Criticisms made half a century ago cannot be taken as evidence of the present
situation. It is most astonishing that the Anti-Slavery Society, lacking other material, should have thought fit to have recourse to a testimony dating from 1907 ;
and this astonishment is increased by the fact that such a testimony should be supported only by the statement of an anonymous traveller who, in 1950, is said to
have observed the conditions of embarkation of indigenous persons in the port of
San Tomé. These conditions are in fact difficult and disturbed : but this is entirely
due to the state of the sea and to the weather in that equatorial region. In any
case it must be stressed that the embarkation of indigenous persons, whatever the
circumstances in which this may occur, is at least proof of their repatriation.
On this point, which appears to constitute the principal feature of the present
allegation, the following should be made clear.
In the past the repatriation of labourers (serviçais) was occasion