Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Prison labour. The Committee referred previously to the provisions of Ordinance No. 72-02 of 10 February 1972 and those of sections 2 and 3 of the Interministerial Order of 26 June 1983, prescribing the procedure for the utilization of prison labour by the National Agency for Educational Work, under which convicted prisoners are required to perform useful work.

The Committee observed that the above texts did not establish any distinction as to the nature of the conviction, in connection with the obligation to perform prison labour, and asked the Government to indicate which texts establish such a distinction and/or lay down exemption from prison labour for persons sentenced for political offences.

The Committee notes the information supplied by the Government on the work currently in process to harmonize the Interministerial Order of 26 June 1983 with the principles of international Conventions. The Committee hopes that the Government will shortly be able to report on the measures that have been taken to ensure that persons sentenced for political offences are not subjected to compulsory prison labour.

2. Article 1(d) and 1(a) of the Convention. The Committee notes with interest the promulgation of Act No. 90-02 of 6 February 1990 respecting the prevention and settlement of collective labour conflicts and the exercise of the right to strike, and Act No. 90-14 of 2 June 1990 prescribing the procedure for the exercise of trade union rights which repeals Ordinance No. 71-75 of 16 November 1971 concerning collective labour relations in the private sector, on which the Committee has been commenting for several years.

The Committee notes that under section 41 of Act No. 90-02 a conscription may be ordered, in accordance with existing legislation, of striking workers who occupy, in public institutions or administrations, or in enterprises, posts essential to the safety of persons, plant and capital equipment, as well as the continuity of public services which are essential to the vital needs of the country or to undertake essential activities for supplying the public.

The Committee notes that the list of essential services in section 37 of Act No. 90-02 is very long and includes services such as banks, telecommunications and the services of clerks of courts and tribunals.

The Committee also notes that refusal to carry out a conscription order is liable to penalties provided for in the Penal Code (section 42). The Committee observes that sections 41 and 43 of Act No. 90-02 allow penalties to be imposed on workers who refuse to carry out a conscription order in services which are not essential in the strict sense of the term. In order that it may ascertain the scope of the above-mentioned provisions, the Committee asks the Government to provide information on their application in practice stating, in particular, the number of persons sentenced, and to supply a copy of the judicial decisions handed down in this respect.

The Committee notes that section 6(5) of Presidential Decree No. 92-44 of 9 February 1992 declaring a state of emergency for a period of 12 months empowers the Ministry of the Interior and Local Communities to order the conscription of workers to carry out their usual occupational activities in the event of an unauthorized or unlawful strike. This includes conscription in public or private enterprises for the purpose of obtaining the performance of services in the public interest. Under section 5 of the same Decree, any person whose activity is found to endanger the public order, public security or the proper working of the public services may be placed in a security centre by order of the Minister of the Interior and Local Communities. Section 11 of the same Decree provides that any judicial proceedings initiated shall continue when the state of emergency is over.

The Committee asks the Government to provide the Orders setting up the security centres along with information on their operation. The Committee also asks the Government to provide information on the restrictions on the constitutional rights of assembly, demonstration, association and the right to strike, deriving from the declaration of the state of emergency, and on any penalties prescribed for the non-observance of provisions suspending or modifying fundamental rights, and on any measures taken or envisaged to ensure observance of the Convention in this respect.

3. The Committee notes once again that the Government's report contains no information on the measures that have been taken or are contemplated to repeal or amend section 437 of the Penal Code, under which any worker in a self-managing enterprise or undertaking who, knowingly and despite the opposition of the manager, carries out acts or takes decisions that may reduce the initial value of the means of production may be punished by imprisonment (involving, by virtue of the prison legislation, the obligation to work), in order to ensure that breaches of labour discipline may not be punished by a penalty involving, by virtue of the prison legislation, the obligation to work.

The Committee hopes that the next report will contain the information requested.