Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(c) and (d) of the Convention. The Committee recalls that it has commented for many years on Decree No. 105 of 7 June 1967, under which penalties of imprisonment of two to five years can be imposed on anyone who foments or takes a leading part in a collective works stoppage. Prison sentences involve compulsory labour by virtue of sections 55 and 66 of the Penal Code. The Committee also noted previously that section 65 of the Maritime Police Code forbids crew members from disembarking in a port other than the port of embarkation, except with the agreement of the ship's master and provides that crew members who desert forfeit their pay and belongings to the vessel; if recaptured they must pay the cost of arrest and be punished in accordance with the naval regulations in force.

The Committee takes note in particular of the Government's information to the effect that a number of bills were transmitted by the Minister of Labour to the National Congress and submitted by a letter of 6 May 1998 to the President of the National Congress. The bills in question are: Bill No. II-90-154 concerning interpretation of Legislative Decree No. 105 of 7 June 1967 respecting collective labour stoppages; Bill No. II-98-158 to repeal section 165 of the Maritime Police Code and other texts relating to other international labour Conventions; and Bill No. II-90-160 concerning sections 54, 55 and 56 of the Penal Code. The Committee observes, however, that the same texts had already been submitted to the President of the Congress by the Ministry of Labour in April 1993. The Committee also notes that the preliminary draft bill to amend the Labour Code, which was prepared during the ILO technical assistance mission in September 1997, is being examined by the relevant tripartite consultative body.

The Committee hopes that the Government will provide detailed information in its next report on the progress made in the work of bringing its legislation into conformity with the Convention.