Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Prison labour. 1. In earlier comments, the Committee has noted the statement by the Government that the legal basis of prison labour that existed under the previous regime is no longer in force, prison labour being governed by the Penal Code, and that certain prisoners are exempted from the obligation to perform prison labour. The Committee had asked the Government to supply copies of the Penal Code and the Code of Criminal Procedure in force, of Act No. 4-D/80 of 21 November 1980, respecting detention pending trial and any text dealing with the organisation of prisons and production camps, since in the absence of these texts the Committee is unable to ascertain the conformity of the legislation with the Convention.

The Committee notes from the Government's report that several draft texts on prisons are being prepared, including a preliminary draft Act on the general principles of the prisons system. The Committee requests the Government to supply information on the developments regarding these drafts and to supply copies once they have been adopted.

The Committee notes that the copy of the Penal Code previously asked for has not been appended to the Government report. It again requests the Government to send a copy with its next report.

The Committee has noted Act No. 4-D/80 (Act on detention pending trial) supplied by the Government.

Article 1(a) of the Convention. 2. The Committee has noted that sentences of imprisonment may be inflicted under the following provisions of Act No. 7/78 of 10 June 1978 and, with a view to ascertain whether the scope of these provisions is compatible with Article 1(a) of the Convention, it has asked the Government to furnish full information concerning their application in practice, including the number of sentences pronounced and copies of the judgements handed out:

(a) section 8, under which a sentence of imprisonment can be inflicted on any person who makes, reproduces in public, divulges or attempts to divulge in any form whatever assertions that he knows to be false or seriously distorted and damaging to the reputation of the State or its prestige abroad;

(b) section 24(1) and (2), under which, in particular, a sentence of imprisonment can be inflicted for any attempt to disturb public order or the peace by any means whatsoever, particularly by disseminating false or tendentious news or malicious predictions likely to cause alarm, anxiety, discontent or public disorder and for drafting , using, distributing, attempting to distribute or holding written texts or other means of communication leading to the same result.

The Committee notes from the Government 's report that a draft Act on Societies, governing their functioning, is being examined, as well as a draft on the creation of an Information Ministry.

The Committee hopes that in the preparation of the new Acts on societies and on information, due regard will be held to the provisions of the Convention so as to ensure that no penalties involving compulsory labour may be imposed as a punishment for holding or expressing political views or views opposed to the established political, social or economic system, in particular as regards the expression of views by the press, political activities and the freedoms of association and of assembly.

Pending the adoption of the texts referred to by the Government, the Committee requests the Government to supply the information asked for concerning the practical application of sections 8 and 24(1) and (2) of Act No. 7/78 of 10 June 1978.

Article 1(d). 3. In earlier direct requests, the Committee had referred to restrictions on the right to strike provided for under sections 8(4), 11 and 18 of Legislative Decree No. 3/75 of 8 January 1975, which are enforceable with sentences of imprisonment involving the obligation to work by virtue of sections 22(b) and 28 of the same Decree. The Committee had noted that new legislation was being drafted on the exercise of trade union rights.

The Committee had noted that, by virtue of section 23(1) and (2) of Act No. 7/78 of 10 June 1978, a sentence of imprisonment can be inflicted on those who encourage, prepare or organise the closing or paralysis of a work centre by the workers or who attempt to do so.

The Committee notes the Government's indication that this issue will be discussed at the third Congress of the Labour Party (MPLA).

The Committee hopes that measures will soon be taken to bring the legislation into conformity with the Convention on this point and that the Government will indicate the provisions adopted to this end.

4. The Committee again requests the Government to send a copy of the the Merchant Shipping Penal and Disciplinary Code at present in force, which was not appended to the Government's report.

5. The Committee notes the information supplied by the Government on the application of Sections 10 and 11(1)(c) of Decree No. 83-A-81 of 7 November 1981.