Convention Concerning Forced Labor in United States

Convention Concerning Forced Labor

The General Conference of the International Labour Organisation,

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

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

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

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

Article 1

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

2. With a view to 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 hereinafter provided.

3. At the expiration of a period of five years after the coming into force
of this Convention, and when the Governing Body of the International Labour
Office prepares the report provided for in Article 31 below, the said
Governing Body 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.

Article 2

1. For the purposes of this Convention 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.

2. Nevertheless, for the purposes of this Convention, the term “forced or
compulsory labour” shall not include–

(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.

Article 3

For the purposes of this Convention the term “competent authority” shall
mean either an authority of the metropolitan country or the highest central
authority in the territory concerned.

Article 4

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

2. Where such forced or compulsory labour for the benefit of private
individuals, companies or associations exists at the date on which a
Member’s ratification of this Convention is registered by the Director-
General of the International Labour Office, the Member shall completely
suppress such forced or compulsory labour from the date on which this
Convention comes into force for that Member.

Article 5

1. 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.

2. Where concessions exist containing provisions involving such forced or
compulsory labour, such provisions shall be rescinded as soon as possible,
in order to comply with Article 1 of this Convention.

Article 6

Officials of the administration, even when they have the duty of encouraging
the populations under their charge to engage in some form of labour, shall
not put constraint upon the said populations or upon any individual members
thereof to work for private individuals, companies or associations.

Article 7

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

2. Chiefs who exercise administrative functions may, with the express
permission of the competent authority, have recourse to forced or compulsory
labour, subject to the provisions of Article 10 of this Convention.

3. Chiefs who are duly recognised and who do not receive adequate
remuneration in other forms may have the enjoyment of personal services,
subject to due regulation and provided that all necessary measures are taken
to prevent abuses.

Article 8

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

2. Nevertheless, that authority may delegate powers to the highest local
authorities to exact forced or compulsory labour which does not involve the
removal of the workers from their place of habitual residence. That
authority may also delegate, for such periods and subject to such conditions
as may be laid down in the regulations provided for in Article 23 of this
Convention, powers to the highest local authorities to exact forced or
compulsory labour which involves the removal of the workers from their place
of habitual residence for the purpose of facilitating the movement of
officials of the administration, when on duty, and for the transport of
Government stores.

Article 9

Except as otherwise provided for in Article 10 of this Convention, any
authority competent to exact forced or compulsory labour shall, before
deciding to have recourse to such labour, 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

(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 10

1. Forced or compulsory labour exacted as a tax and forced or compulsory
labour to which recourse is had for the execution of public works by chiefs
who exercise administrative functions shall be progressively abolished.

2. Meanwhile, where forced or compulsory labour is exacted as a tax, and
where recourse is had to forced or compulsory labour for the execution of
public works by chiefs who exercise administrative functions, the authority
concerned shall first satisfy itself–

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

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

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

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

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

Article 11

1. Only adult able-bodied males who are of an apparent age of not less than
18 and not more than 45 years may be called upon for forced or compulsory
labour. Except in respect of the kinds of labour provided for in Article 10
of this Convention, the following limitations and conditions shall apply:

(a) whenever possible prior determination by a medical officer appointed
by the administration that the persons concerned are not suffering
from any infectious or contagious disease and that they are
physically fit for the work required and for the conditions under
which it is to be carried out;

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

(c) the maintenance in each community of the number of adult able-bodied
men indispensable for family and social life;

(d) respect for conjugal and family ties.

2. For the purposes of sub-paragraph (c) of the preceding paragraph, the
regulations provided for in Article 23 of this Convention shall fix the
proportion of the resident adult able-bodied males who may be taken at any
one time for forced or compulsory labour, provided always that this
proportion shall in no case exceed 25 per cent. In fixing this proportion
the competent authority shall take account of the density of the population,
of its social and physical development, of the seasons, and of the work
which must be done by the persons concerned on their own behalf in their
locality, and, generally, shall have regard to the economic and social
necessities of the normal life of the community concerned.

Article 12

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

2. Every person from whom forced or compulsory labour is exacted shall be
furnished with a certificate indicating the periods of such labour which he
has completed.

Article 13

1. The normal working hours of any person from whom forced or compulsory
labour is exacted shall be the same as those prevailing in the case of
voluntary labour, and the hours worked in excess of the normal working hours
shall be remunerated at the rates prevailing in the case of overtime for
voluntary labour.

2. A weekly day of rest shall be granted to all persons from whom forced or
compulsory labour of any kind is exacted and this day shall coincide as far
as possible with the day fixed by tradition or custom in the territories or
regions concerned.

Article 14

1. With the exception of the forced or compulsory labour provided for in
Article 10 of this Convention, forced or compulsory labour of all kinds
shall be remunerated in cash at rates not less than those prevailing for
similar kinds of work either in the district in which the labour is employed
or in the district from which the labour is recruited, whichever may be the
higher.

2. In the case of labour to which recourse is had by chiefs in the exercise
of their administrative functions, payment of wages in accordance with the
provisions of the preceding paragraph shall be introduced as soon as
possible.

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

4. For the purpose of payment of wages the days spent in travelling to and
from the place of work shall be counted as working days.

5. Nothing in this Article shall prevent ordinary rations being given as a
part of wages, such rations to be at least equivalent in value to the money
payment they are taken to represent, but deductions form wages shall not be
made either for the payment of taxes or for special food, clothing or
accommodation supplied to a worker for the purpose of maintaining him in a
fit condition to carry on his work under the special conditions of any
employment, or for the supply of tools.

Article 15

1. Any laws or regulations relating to workmen’s compensation for accidents
or sickness arising out of the employment of the worker and any laws or
regulations providing compensation for the dependants of deceased or
incapacitated workers which are or shall be in force in the territory
concerned shall be equally applicable to persons from whom forced or
compulsory labour is exacted and to voluntary workers.

2. In any case it shall be an obligation on any authority employing any
worker on forced or compulsory labour to ensure the subsistence of any such
worker who, by accident or sickness arising out of his employment, is
rendered wholly or partially incapable of providing for himself, and to take
measures to ensure the maintenance of any persons actually dependent upon
such a worker in the event of his incapacity or decease arising out of his
employment.

Article 16

1. Except in cases of special necessity, persons from whom forced or
compulsory labour is exacted shall not be transferred to districts where the
food and climate differ so considerably from those to which they have been
accustomed as to endanger their health.

2. In no case shall the transfer of such workers be permitted unless all
measures relating to hygiene and accommodation which are necessary to adapt
such workers to the conditions and to safeguard their health can be strictly
applied.

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

4. In cases where such workers are required to perform regular work to which
they are not accustomed, measures shall be taken to ensure their habituation
to it, especially as regards progressive training, the hours of work and the
provision of rest intervals, and any increase or amelioration of diet which
may be necessary.

Article 17

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

(1) that all necessary measures are taken to safeguard the health of the
workers and to guarantee the necessary medical care, and, in particular, (a)
that the workers are medically examined before commencing the work and at
fixed intervals during the period of service, (b) that there is an adequate
medical staff, provided with the dispensaries, infirmaries, hospitals and
equipment necessary to meet all requirements, and (c) that the sanitary
conditions of the workplaces, the supply of drinking water, food, fuel, and
cooking utensils, and, where necessary, of housing and clothing, are
satisfactory;

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

(3) that the journeys of the workers to and from the workplaces are made
at the expense and under the responsibility of the administration, which
shall facilitate such journeys by making the fullest use of all available
means of transport;

(4) that, in case of illness or accident causing incapacity to work of
a certain duration, the worker is repatriated at the expense of the
administration;

(5) that any worker who may wish to remain as a voluntary worker at the
end of his period of forced or compulsory labour is permitted to do so
without, for a period of two years, losing his right to repatriation free
of expense to himself.

Article 18

1. Forced or compulsory labour for the transport of persons or goods, such
as the labour of porters or boatmen, shall be abolished within the shortest
possible period. Meanwhile the competent authority shall promulgate
regulations determining, inter alia, (a) that such labour shall only be
employed for the purpose of facilitating the movement of officials of the
administration, when on duty, or for the transport of Government stores, or,
in cases of very urgent necessity, the transport of persons other than
officials, (b) that the workers so employed shall be medically certified to
be physically fit, where medical examination is possible, and that where
such medical examination is not practicable the person employing such
workers shall be held responsible for ensuring that they are physically fit
and not suffering from any infectious or contagious disease, (c) the maximum
load which these workers may carry, (d) the maximum distance from their
homes to which they may be taken, (e) the maximum number of days per month
or other period for which they may be taken, including the days spent in
returning to their homes, and (f) the persons entitled to demand this form
of forced or compulsory labour and the extent to which they are entitled to
demand it.

2. In fixing the maxima referred to under (c), (d) and (e) in the foregoing
paragraph, the competent authority shall have regard to all relevant
factors, including the physical development of the population from which the
workers are recruited, the nature of the country through which they must
travel and the climatic conditions.

3. The competent authority shall further provide that the normal daily
journey of such workers shall not exceed a distance corresponding to an
average working day of eight hours, it being understood that account shall
be taken not only of the weight to be carried and the distance to be
covered, but also of the nature of the road, the season and all other
relevant factors, and that, where hours of journey in excess of the normal
daily journey are exacted, they shall be remunerated at rates higher than
the normal rates.

Article 19

1. The competent authority shall only authorise recourse to compulsory
cultivation as a method of precaution against famine or a deficiency of food
supplies and always under the condition that the food or produce shall
remain the property of the individuals or the community producing it.

2. Nothing in this Article shall be construed as abrogating the obligation
on members of a community, where production is organised on a communal basis
by virtue of law or custom and where the produce or any profit accruing from
the sale thereof remain the property of the community, to perform the work
demanded by the community by virtue of law or custom.

Article 20

Collective punishment laws under which a community may be punished for
crimes committed by any of its members shall not contain provisions for
forced or compulsory labour by the community as one of the methods of
punishment.

Article 21

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

Article 22

The annual reports that Members which ratify this Convention agree to make
to the International Labour Office, pursuant to the provisions of Article
22 of the Constitution of the International Labour Organisation, on the
measures they have taken to give effect to the provisions of this
Convention, shall contain as full information as possible, in respect of
each territory concerned, regarding the extent to which recourse has been
had to forced or compulsory labour in that territory, the purposes for which
it has been employed, the sickness and death rates, hours of work, methods
of payment of wages and rates of wages, and any other relevant information.

Article 23

1. To give effect to the provisions of this Convention the competent
authority shall issue complete and precise regulations governing the use of
forced or compulsory labour.

2. These regulations shall contain, inter alia, rules permitting any person
from whom forced or compulsory labour is exacted to forward all complaints
relative to the conditions of labour to the authorities and ensuring that
such complaints will be examined and taken into consideration.

Article 24

Adequate measures shall in all cases be taken to ensure that the regulations
governing the employment of forced or compulsory labour are strictly
applied, either by extending the duties of any existing labour inspectorate
which has been established for the inspection of voluntary labour to cover
the inspection of forced or compulsory labour or in some other appropriate
manner. Measures shall also be taken to ensure that the regulations are
brought to the knowledge of persons from whom such labour is exacted.

Article 25

The illegal exaction of forced or compulsory labour shall be punishable as
a penal offence, and it shall be an obligation on any Member ratifying this
Convention to ensure that the penalties imposed by law are really adequate
and are strictly enforced.

Article 26

1. Each Member of the International Labour Organisation which ratifies this
Convention undertakes to apply it to the territories placed under its
sovereignty, jurisdiction, protection, suzerainty, tutelage or authority,
so far as it has the right to accept obligations affecting matters of
internal jurisdiction; provided that, if such Member may desire to take
advantage of the provisions of Article 35 of the Constitution of the
International Labour Organisation, it shall append to its ratification a
declaration stating–

(1) the territories to which it intends to apply the provisions of this
Convention without modification;

(2) the territories to which it intends to apply the provisions of this
Convention with modifications, together with details of the said
modifications:

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

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

Article 27

The formal ratifications of this Convention under the conditions set forth
in the Constitution of the International Labour Organisation shall be
communicated to the Director-General of the International Labour Office for
registration.

Article 28

1. This Convention shall be binding only upon those Members whose
ratifications have been registered with the International Labour Office.

2. It shall come into force twelve months after the date on which the
ratifications of two Members of the International Labour Organisation have
been registered with the Director-General.

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

Article 29

As soon as the ratifications of two Members of the International Labour
Organisation have been registered with the International Labour Office, the
Director-General of the International Labour Office shall so notify all the
Members of the International Labour Organisation. He shall likewise notify
them of the registration of ratifications which may be communicated
subsequently by other Members of the Organisation.

Article 30

1. A Member which has ratified this Convention may denounce it after the
expiration of ten years from the date on which the Convention first comes
into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered with the
International Labour Office.

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

Article 31

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

Article 32

1. Should the Conference adopt a new Convention revising this Convention in
whole or in part, the ratification by a Member of the new revising
Convention shall ipso jure involve denunciation of this Convention without
any requirement of delay, notwithstanding the provisions of Article 30
above, if and when the new revising Convention shall have come into force.

2. As from the date of the coming into force of the new revising Convention,
the present Convention shall cease to be open to ratification by the
Members.

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

Article 33

The French and English texts of this Convention shall both be authentic.

The foregoing is the authentic text of the Forced Labour Convention, 1930,
as modified by the Final Articles Revision Convention, 1946.

The original text of the Convention was authenticated on 25 July 1930 by the
signatures of E. Mahaim, President of the Conference, and Albert Thomas,
Director of the International Labour Office.

The Convention first came into force on 1 May 1932.

IN FAITH WHEREOF I have, in pursuance of the provisions of Article 6 of the
Final Articles Revision Convention, 1946, authenticated with my signature
this thirty-first day of August 1948 two original copies of the text of the
Convention as modified.

Edward PHELAN

Director-General
of the International Labour Office