Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied by the Government in its reports for 1995, 1996 and 1997 on the application of the Convention. It would be grateful if the Government would provide information on the following points in its next report:

Article 1(a) of the Convention. 1. The Committee notes section 198 of the Penal Code, under which sentences involving an obligation to work are not applied in cases where the judge recognizes the political nature of the offence, and it requests the Government to indicate the criteria on which the judge determines the political nature of an offence and to supply the texts of judicial decisions handed down in this respect. The Committee also notes that section 46 of the Penal Code provides that "persons sentenced to detention shall be employed on one of the activities organized by the prison administration" and requests the Government to indicate whether such a provision applies to political prisoners. Please also provide copies of any legislation respecting the press and publications.

Article 1(c). 2. The Committee notes the provisions of the Act of 17 September 1962 repealing sections 107 and 108 of the Labour Code of 23 September 1946. It notes that under section 2 of the above Act (as amended by the Act issued by Decree No. 9816 of 4 May 1968), any person violating the provisions of the Labour Code and the decrees and orders issued thereunder shall be liable to a fine and a sentence of imprisonment (involving the obligation to work under the provisions of the Penal Code) of from one to three months or to one of these two penalties. The Committee refers to the explanations contained in paragraphs 110 to 113 of its 1979 General Survey on the abolition of forced labour, in which it indicated that sanctions for breaches of labour discipline, with penalties involving an obligation to perform work, fall within the scope of the Convention. Only breaches of labour discipline that impair or are liable to endanger the operation of essential services, or which are committed either in the exercise of functions that are essential to safety or in circumstances where life or health are in danger, are not covered by the protection set out in the Convention. The Committee hopes that the Government will take the necessary measures to restrict the application of sentences of imprisonment envisaged under section 2 above to cases in which the operation of essential services or life or health are in danger. It requests the Government to indicate in its next report the progress achieved in this respect.

3. The Committee also notes that, under the terms of section 131 of the Maritime Commercial Code, seafarers "on board ship and on land are bound to obey the orders of their superiors concerning the operation of the vessel". It would be grateful if the Government would indicate in its report the types of sanctions which are used against seafarers in the event of breaches of labour discipline and if it would provide copies of the labour regulations on board ship.

Article 1(d). 4. The Committee would be grateful if the Government would indicate in its next report the manner in which the right to strike is regulated and the sanctions which are envisaged against persons who have participated in unlawful strikes.