Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has noted the information provided by the Government in reply to its earlier comments.

Compulsory prison labour

1. In its earlier comments, the Committee referred to certain provisions of the national legislation, under which penalties of imprisonment (involving compulsory prison labour) may be imposed in circumstances falling under Article 1(a), (c) and (d) of the Convention. In its latest report, the Government indicates that all the provisions in question refer only to sanctions of imprisonment, without mentioning forced labour as a penalty. While having taken due note of these indications, as well as of the Government’s reference to the definition of forced labour contained in section 2(1) of the Forced Labour Convention, 1930 (No. 29), the Committee wishes to draw the Government’s attention to the explanations provided in paragraphs 102-109 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the definition of forced or compulsory labour in Convention No. 29 makes no distinction between different forms of work and that Convention No. 105 prohibits the use "of any form" of forced or compulsory labour as a sanction, as a means of coercion, education, or discipline or as a punishment in respect of the persons within the ambit of Article 1(a), (c) and (d). The Committee has therefore considered that any sanctions involving compulsory labour, including prison sentences involving compulsory prison labour, are covered by Convention No. 105 in so far as they are imposed in the five cases specified by the Convention.

2. In the light of the above considerations, the Committee has noted that, under section 70 of the Penal Code, a convicted person serving a sentence of deprivation of liberty is under obligation to perform works as prescribed in the penitentiary institution. It also noted previously that, under section 24 of the Federal Act on the organization of prison establishments (No. 43 of 1992), prisoners of category "c" (those imprisoned for a specified term or for life) are to be employed in tasks specified by the prison’s by-laws and are entitled to receive remuneration (the tasks in which prisoners may be employed being specified in Chapter 3 of Ministerial Decree No. 471 of 1995).

Article 1(a) of the Convention. Political coercion and punishment for holding or expressing political views or views ideologically opposed to the established system

3. In its earlier comments, the Committee noted the Penal Code provisions prohibiting the establishment of an organization or convening a meeting or conference for the purpose of fighting or mistreating the foundations or teachings of the Islamic religion or calling for the observance of another religion, these offences being punishable with imprisonment for a term of up to ten years (sections 317 and 320). The Committee also noted the provisions of sections 318 and 319 of the Penal Code, which make punishable with imprisonment any person who is a member of association specified in section 317 or who fights the foundations or teachings of the Islamic religion or proselytizes other religion, or calls for an idea or ideology which includes any of the above. As indicated above, sanctions of imprisonment involve an obligation to perform labour.

4. The Committee recalled that Article 1(a) prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It also referred to the explanations contained in paragraphs 133-140 of its General Survey of 1979 on the abolition of forced labour, in which it had observed that the Convention prohibits neither punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, nor judicial imposition of certain restrictions on persons convicted of crimes of that kind; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The freedom of expression of political or ideological views may be equally restricted by way of prohibition of various kinds of meetings or associations, which is also contrary to the Convention, if such prohibition is enforced by sanctions involving compulsory labour.

5. The Committee therefore reiterates its hope that appropriate measures will be taken or envisaged in order to bring sections 317-320 of the Penal Code into conformity with the Convention, and that, pending the adoption of such measures, the Government will provide information on the application of sections 317-320 in practice, including copies of any court decisions and indicating the penalties imposed.

6. The Committee previously noted that, under Federal Law No. 15 of 1980 governing publications and publishing, penal sanctions of imprisonment (which involves compulsory labour, as indicated above) can be imposed, in accordance with sections 86 and 89 of the Law, for the violation of the following provisions of the Law:

-  section 70 (prohibition to criticize the President of the Republic or the rulers of the Emirates);

-  section 71 (prohibition to publish any material harmful to Islam, or to the Government, or to the country’s interests or the basic systems on which the society is founded);

-  section 76 (prohibition to publish material containing shameful information on the President of an Arab, Muslim country or a country with friendly ties, as well as material which may threaten the ties of the country with Arab, Muslim or friendly countries);

-  section 77 (prohibition to publish material which causes an injustice to Arabs or constitutes a misrepresentation of Arab civilization or heritage);

-  section 81 (prohibition to publish material which harms the national currency or causes a confusion over the economic situation in a country).

7. Referring to the explanations contained in paragraphs 133-141 of the abovementioned General Survey, the Committee observed that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the just requirements of morality, public order and the general welfare in a democratic society (such as e.g. laws on defamation, sedition and subversion, public order and security). But where the restrictions of these rights and freedoms are formulated in such wide and general terms that they may lead to the imposition of penalties involving compulsory labour as punishment for the expression of political views or views ideologically opposed to the established political, social or economic system, it falls within the scope of the Convention.

8. The Committee therefore reiterates its hope that the above provisions of Federal Law No. 15 of 1980 will be reviewed in the light of these considerations, so that no sanctions involving forced or compulsory labour could be imposed for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Noting also the Government’s indications in the report that the above provisions have never been applied in practice, and that no decisions and regulations have yet been issued for the implementation of this Law, the Committee requests the Government to supply copies of any such decisions and regulations, to which reference is made in section 107, as soon as they are adopted.

9. The Committee previously noted that, under section 41 of the Federal Law on non-profit organizations (No. 6 of 1974), any violation of the provisions of this Law is punishable with imprisonment (which involves compulsory prison labour). The Committee repeats its requests for information on the application of section 41 in practice, as well as for copies of court decisions defining or illustrating its scope.

10. Article 1(c). The Committee previously noted the provisions of the Federal Law on Merchant Shipping (No. 26 of 1981), under which penalties of imprisonment (involving compulsory prison labour) may be imposed on seafarers for various breaches of labour discipline, such as violation of service related orders, neglecting to serve on vessels or in mounting guard, being absent from a vessel without an authorization, or any other act that may disrupt order or the service on board (section 200(a), (c), (g) and (j)), refusal to observe an order concerning work on board the vessel, repeated acts of disobedience (section 204 (d) and (e)), or performance of any acts mentioned in section 204 by more than three persons in agreement (section 205).

11. The Committee recalled that Article 1(c) prohibits the use of compulsory labour as a means of labour discipline. It also referred to the explanations contained in paragraphs 117-119 of its General Survey of 1979 on the abolition of forced labour, where it had pointed out that the Convention does not cover sanctions relating to acts tending to endanger the ship or the life or health of persons (such as sanctions of imprisonment provided for in section 209 of the abovementioned Federal Law on Merchant Shipping punishing acts damaging a vessel and jeopardizing the lives of persons on board); however, as regards sanctions relating more generally to breaches of labour discipline such as desertion, absence without leave or disobedience, such sanctions fall within the scope of the Convention. While noting the Government’s indication in the report that the above provisions of the Federal Law on Merchant Shipping have not been applied in practice, the Committee nevertheless reiterates its hope that these provisions will be either repealed or amended, so as to limit their scope to circumstances in which the ship or the life or health of persons are endangered, in order to bring them into conformity with the Convention and the indicated practice.

12. Article 1(d). In its earlier comments the Committee noted that section 231, paragraph 1, of the Penal Code provides for sanctions of imprisonment (which involves an obligation to perform labour) in cases where at least three public officials abandon their job or voluntarily abstain from performing any obligations related thereto, acting in agreement among them or pursuing an illegal objective. The Committee drew the Government’s attention to paragraph 123 of its General Survey of 1979 on the abolition of forced labour, where it had pointed out that it is not incompatible with the Convention to impose penalties (even involving an obligation to perform labour) for participation in strikes in the civil service or other essential services, provided that such provisions are applicable only to essential services in the strict sense of the term (that is, services who interruption would endanger the life, personal safety or health of the whole or part of the population) and that compensatory guarantees in the form of appropriate alternative procedures are provided.

13.  The Committee reiterates its request for information on the application of this provision in practice, including copies of any court decisions defining or illustrating its scope.