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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 1(a), (c) and (d) of the Convention. In the comments it has been making for a number of years, the Committee has referred to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population. In its earlier comments the Committee noted the information supplied by the Government to the effect that Act No. 5 of 1991 on the application of the principles of the Green Book on Human Rights, and Act No. 20 of 1991 on the promotion of freedom, proclaim the right of each citizen to express his opinion, that part 2 of the Green Book prohibits penalties such as forced labour, and that the provisions of the Publications Act No. 76 of 1972 and of the Penal Code would be amended. It also noted that under section 2 of Act No. 5 of 1991, amendments must be drawn up within a period of one year. In its latest report, received in 1995, the Government reaffirms its intention to amend the provisions of the Publications Act No. 76 of 1972, and the penal Code, referred to above, within the period of time prescribed in section 2 of Act No. 5, so as to ensure compliance with the Convention. The Committee hopes that the amendments will now be made and that they will ensure that no penalties involving compulsory labour may be imposed as a punishment on persons who have expressed certain political or ideological opinions or who have committed breaches of labour disciplines or participated in strikes. The Committee hopes that the Government will soon be in a position to supply a copy of the provisions adopted to this end. 2. In its earlier comments the Committee noted the information provided by the Government in 1992 in reply to its comments, to the effect that the Orders of the Higher Council of the Revolution of 1969, the texts of which it had been requesting, became null and void following the promulgation of Acts Nos. 5 and 20 of 1991. The Committee noted that the text of Act No. 5 of 1991 had not been included in the list of texts transmitted by the Government and that section 35 of Act No. 20 of 1991 provides in general terms that all conflicting legislation is amended. It also noted that the Orders in question on the defence of the revolution (of 11 December 1969) and on trials for political and administration corruption (of 26 October 1969) are explicitly referred to in section 5(A)(8) of the Publications Act No. 76 of 1972. The Committee requested the Government to indicate the measures taken to formally repeal the texts in question and to transmit copies of the provisions adopted to this effect. In the absence of a reply, the Committee again expresses the hope that the Government will supply copies of the Orders of 1969 or of any provisions repealing them, as well as copies of Act No. 5 of 1991 of the Green Book on Human Rights and the legislative texts governing the establishment, functioning and dissolution of associations and political parties.