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Colonial Rule Number 29 In 1933

Original Language Title: Peraturan Kolonial Nomor 29 Tahun 1933

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

2. Whether forced or compulsory labour 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 the exercise of the execution of public works. 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 rendering the service;

(b) that the work or 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 underwork 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 apparent age of not less than 18 and not more than 45 may be called upon for forced labour. Except in respect for 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 pupils and others are physically fit for the work required. 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 subparagraph (c) of the preceding paragraph, the regulations

provided for in Article 23 in this Convention shall fix the subject of adult able-bodied males who may be taken at any one time for forced or compulsory measures labour, provided always that this information shall in no case exceed 25 per cent. In fixing this subject the competent authority shall take account of the density of the population, of it 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 own locality, and, again, 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 can 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. It's 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 if all kinds shall be remunerated in cash at rates not less than those prevailing for similar kids of work either in the district in which the labour is employed or in the district from which the labour is abbreviated, whichever may be higher.

2. In the case of labour to which the 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 traveling to and from the place of work shall be counted as working days.

5. Nothing in this article shall prevent ordinary rations as 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 from wages shall not be made either for the payment of the taxes or for special food, clothing or accommodation supplied to a worker for the purpose of treating 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 dependents of deceased or incapacitated workers which are or shall be in force in the territory concerned shall be equally renewable to persons from whom forced or compulsory labour is exacted and to voluntary workers.

2. In any case it shall be the obligation of any authority. 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 much from those to which they have been accustomed as to endanger their own. health.

2. In no case shall the transfer of such workers be permitted unless all measure 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, measure 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 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 is of present or imminent necessity; (c) that is 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. Those who are in the area are concerned for similar work or service; and

(d) that the work or the work of the living or the other. 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

<apply 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 Organization shall be ratified 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 Organization have been registered with the Director-General.

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

Article 29

As soon as the ratifications of two Members of the International Labour Organizations 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 Organization. He shall notify them of the registration of ratifications which may be made available by other Members of the Organization.

Article 30

1. A Member which has denounces 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 called upon 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 of which has been called 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, uh, 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 delay of delay, notched 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 made it but have not seen the revising convention.

Article 33

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