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Article 5. 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 utilize or in which they trade. Where concessions exist containing provisions involving such forced or compulsory labour, such provisions shall be rescinded as soon as possible, in order to comply with Article 1 of this Convention.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. Chiefs who do not exercise administrative functions shall not have recourse to forced or compulsory labour. 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. Chiefs who are duly recognized 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. The responsibility for every decision to have recourse to forced or compulsory labour shall rest with the highest civil authority in the territory concerned. 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 eompetent 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 : (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. 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. 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— (а) 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 : (б) 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.
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