no matter how unmeritorious such claims may be,
article 2, paragraph 3, provides protection to alleged
victims if their claims are sufficiently well founded
to be arguable under the Covenant.” (internal
footnote omitted)
qualify as a normal civil obligation, the labour in
question must, at a minimum, not be an exceptional
measure; it must not possess a punitive purpose or
effect; and it must be provided for by law in order to
serve a legitimate purpose under the Covenant. In
the light of these considerations, the Committee is of
the view that the material before it, including the
absence of a degrading or dehumanizing aspect of
the specific labour performed, does not show that the
labour in question comes within the scope of the
proscriptions set out in article 8. It follows that no
independent violation of article 8 of the Covenant
has been made out.
7.3 Applying this reasoning to the present claim
that the State party did not provide an effective
remedy for the alleged breach of article 8 of the
Covenant, the Committee observes, with reference to
its admissibility considerations identified above in
the context of exhaustion of domestic remedies, that,
in the State party’s legal system, it was and remains
impossible for a person such as the author to
challenge the substantive elements of the Work for
Dole programme, that is, the obligation imposed by
law on persons such as the author, who satisfy the
preconditions for access to the programme, to
perform labour in exchange for receipt of
unemployment benefits. The Committee recalls that
the State party’s proposed remedies address the
question of whether or not an individual in fact
satisfies the requirements for access to the
programme, but no remedy is available to challenge
the substantive scheme for those who are by law
subject to it.
8.
The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol to the
International Covenant on Civil and Political Rights,
is of the view that the facts before it disclose a
violation of article 2, paragraph 3, read together with
article 8, of the Covenant.
9.
While in accordance with article 2, paragraph
3 (a), of the Covenant, the State party is under an
obligation to provide the author with an effective
remedy, the Committee is of the view that in the
present case its Views on the merits of the claim
constitutes sufficient remedy for the violation found.
The State party is under an obligation to ensure that
similar violations of the Covenant do not occur in
the future.
7.4 As the Committee’s consideration (infra) on
the merits of the substantive article 8 shows, the
question presented undoubtedly raises an issue, in
the language of the Committee’s decision in
Kazantzis, that was “sufficiently well founded to be
arguable under the Covenant”. It follows, therefore,
that the absence of a remedy available to test an
arguable claim under article 8 of the Covenant such
as the present amounts to a violation of article 2,
paragraph 3, read together with article 8, of the
Covenant.
10. Bearing in mind that, by becoming a State
party to the Optional Protocol, the State party has
recognized the competence of the Committee to
determine whether there has been a violation of the
Covenant or not and that, pursuant to article 2 of the
Covenant, the State party has undertaken to ensure to
all individuals within its territory and subject to its
jurisdiction the rights recognized in the Covenant to
provide an effective and enforceable remedy in case
a violation has been established, the Committee
wishes to receive from the State party, within 90
days, information about the measures taken to give
effect to its Views.
7.5 Concerning the principal claim under article
8, paragraph 3, of the Covenant, the Committee
observes that the Covenant does not spell out in
further detail the meaning of the terms “forced or
compulsory labour”. While the definitions of the
relevant ILO instruments may be of assistance in
elucidating the meaning of the terms, it ultimately
falls to the Committee to elaborate the indicia of
prohibited conduct. In the Committee’s view, the
term “forced or compulsory labour” covers a range
of conduct extending from, on the one hand, labour
imposed on an individual by way of criminal
sanction, notably in particularly coercive,
exploitative or otherwise egregious conditions,
through, on the other hand, to lesser forms of labour
in circumstances where punishment as a comparable
sanction is threatened if the labour directed is not
performed. The Committee notes, moreover, that
article 8, paragraph 3 (c) (iv), of the Covenant
exempts from the term “forced or compulsory
labour” such work or service forming part of normal
civil obligations. In the Committee’s view, to so
The State party’s description of the WFD
programme
The WFD programme was introduced by the 1997
legislation. Its object, according to the statute, is “to
reinforce the principle of mutual obligations
applying to [unemployment benefits] by recognizing
that it is fair and reasonable that persons in receipt of
such payments participate in approved programmes
of work in return for such payments and to set out
the means by which they may be enabled, or
required, to undertake such work”.
The State party points out that a Work for Dole
programme cannot require more than 24 or 30 hours’
work (up to and beyond 21 years of age,
respectively) per fortnight, and an individual is
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