Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(a), (c) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views, for breaches of labour discipline and for the participation in strikes. For many years, the Committee has been referring to certain provisions of the Economic Penal Code, the Penal Code, the Agricultural Labour Code and the Press Act, under which prison sentences involving compulsory labour can be imposed as a punishment for expressing views opposed to the established political system, as a punishment for breaches of labour discipline and for participation in strikes.

The Committee previously noted the Government’s indication in its report that a draft legislative decree amending the Penal Code had been prepared by the Ministry of Justice in response to the economic and social developments witnessed by the country and to fulfil the request made by the Committee of Experts. The Government indicated that the draft legislative decree was aiming at the elimination of all obligation to perform prison labour and in particular, that the terms “imprisonment with labour”, “life imprisonment with hard labour” or “temporary hard labour” would be removed from the Penal Code. In its 2006 and 2007 reports, the Government reaffirmed its commitment to bring legislation into conformity with the ratified ILO Conventions, taking due account of the Committee’s comments and, in particular, confirmed its intention to remove the above terms from the Penal Code.

The Committee expresses the hope that, following the adoption of the draft legislative decree, persons convicted for activities coming under the purview of the Convention and, in particular, persons convicted under the provisions referred to of the Economic Penal Code, the Penal Code, the Agricultural Labour Code and the Press Act, would no longer be under an obligation to perform labour, although they might be allowed to engage in work. The Committee also hopes that the draft legislative decree referred to above will soon be adopted and that the Government’s next report will contain full information on the progress made in this regard.