Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 1(a) of the Convention. For a number of years, the Committee has been drawing the Government’s attention to certain provisions of the Penal Code which provide for sentences of imprisonment involving compulsory labour:

(a)  Under section 113 of the Penal Code, any person who originates or propagates untrue information where such information is liable to prejudice the public authorities or national cohesion shall be liable to imprisonment of from three months to three years.

(b)  Under section 154(2) of the Penal Code, any person who, whether in speech or in writings intended for the public, incites a revolt against the Government and the institutions of the Republic shall be liable to imprisonment from three months to three years.

(c)  Under section 157(1)(a) of the Penal Code, any person who, by any means whatsoever, incites to obstruction of the execution of any law, regulation or lawful order of the public authority shall be liable to imprisonment of from three months to four years.

The Committee also referred to certain provisions of Act No. 90-53 concerning freedom of association:

-  Under section 12 of this Act, associations may be dissolved by judicial decision upon the proposal of the Legal Department or at the request of any interested party in case of nullity as provided for under section 4 of the Act.

-  Under section 4, associations founded in support of a cause or in view of a purpose contrary to the Constitution, and those whose purpose is to undermine the security, territorial integrity, national unity, national integration or the republican structure of the State shall be null and void.

-  Section 14 provides that the dissolution of an association shall not bar any legal proceedings which may be instituted against the officials of such association.

-  Section 33(1) provides for the imprisonment of from three months to one year of the board members or founders of an association which continues operations or which is re-established illegally after a judgement or decision has been issued for its dissolution. The same penalties apply to any persons who encourage meetings of the members of a dissolved association by allowing them the use of premises in their possession (section 33(3)).

In previous comments, the Committee noted that section 18 (new) of the Penal Code (Act No. 90-61 of 19 December 1990) no longer refers to the penalty of detention (a penalty depriving a person of her or his freedom for a political crime or lesser offence during which convicts are not required to work) and that sentences of imprisonment involving compulsory labour, under section 24 of the Penal Code, had replaced detention.

The Committee observed that, under the above provisions, sentences of imprisonment involving the obligation to work could be imposed on persons for the expression of certain political opinions or the manifestation of their ideological opposition to the established political, social or economic order.

It requested the Government to provide full particulars concerning the application in practice of these provisions, including the number of convictions for violating these provisions and copies of court decisions which define or illustrate their scope.

The Committee notes that, in its report received in October 2002, the Government indicates that in practice the persons protected by the Convention, particularly in relation to the expression of opinions, political activities and the exercise of the rights of association and assembly, cannot be subjected to penalties involving the obligation to work. Only those found guilty, inter alia, of the offences set out in sections 113 (the propagation of false information) and 157 (incitation to resist the execution of any law, regulation or lawful order of the public authority) of the Penal Code may be prosecuted.

While noting this information, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure, in conformity with Article 1(a) of the Convention, that the persons protected by the Convention, particularly with regard to the expression of opinions by the press and political activities, the right of association and assembly, may not be subjected to penalties involving compulsory labour. It also requests the Government to continue providing full particulars on the application of these provisions in practice, including the number of convictions for violations of these provisions and copies of judicial decisions which may define or illustrate their scope.

Article 1(c) and (d). In comments that it has been making for many years, the Committee has noted that under sections 226, 229, 242, 259 and 261 of the Merchant Shipping Code (Ordinance No. 62/DF/30 of 1962), certain breaches of discipline committed by seafarers may be punished by imprisonment involving the obligation to work.

The Government stated previously that studies were being conducted with a view to revising the Merchant Shipping Code and harmonizing national law and practice with the provisions of the Convention. In its last report, the Government indicates that the measures envisaged are those established in the community code of the Economic and Monetary Community of Central Africa (CEMAC), and that the revision of this code is under way.

The Committee takes note of Regulation No. 03/01-UEAC-088-CM-06 of 3 August 2001 of the Council of Ministers of the Economic and Monetary Community of Central Africa, issuing the community Merchant Shipping Code, revised. Under the new provisions of this code, breaches of discipline committed by seafarers may not be punished by imprisonment involving the obligation to work. The Committee asks the Government to provide information on the progress of the adoption process of this Code.