Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1(a), (c) and (d) of the Convention. Sanctions for expressing political views, for breaches of labour discipline or participation in strikes. Since many years, the Committee has been referring 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.

The Committee notes the Government’s indication in its report that the abovementioned Publications Act No. 76 of 1972 will be amended and the Committee’s comments have been taken into account in the draft new Act under consideration. The Government also indicates that the draft amended Act has been submitted to the 2008 session of the Basic People’s Congresses. The Committee notes, however, that no new information has been supplied as regards the amendment of sections 237 and 238 of the Penal Code referred to above, though the Government has repeatedly expressed its intention to amend them in its earlier reports.

The Committee trusts that Publications Act No. 76 of 1972, as well as the provisions of the Penal Code referred to above, will be amended in the near future, in order to bring legislation into conformity with the Convention, so as to 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 discipline or participated in strikes. The Committee asks the Government to supply copies of the amended texts, as soon as they are adopted.

Supply of legislation. The Committee asks the Government once again to provide copies of the legislative texts governing the establishment, functioning and dissolution of associations and political parties and hopes that the Government will not fail to supply such copies with its next report.