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 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
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.
10. (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