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

The Committee has noted the information supplied by the Government in its report for the period ending 30 June 1997, as well as the Government's reply to its earlier comments.

1. In its previous observation, the Committee referred to certain provisions of the Penal Code, Act No. 156 of 1960 respecting the reorganization of the press, Act No. 430 of 31 August 1955 respecting film censorship, Act No. 32 of 12 February 1964 respecting associations and private foundations, the Public Meetings Act of 1923, the Meetings Act of 1914 and Act No. 40 of 1977 respecting political parties. It pointed out that the implementation of these provisions could affect the application of Article 1(a) of the Convention, which prohibits forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Government indicates that Act No. 148, 1980 respecting press authority, which amended Act No. 156 of 1960, has been repealed, and that Act No. 96 of 1996, on regulation of the press, has been promulgated. The Government states that the new Act provides for the independence of journalists from any intervention in the performance of their work, though they are subject to the provisions of the law, and prohibits the imposition of pre-trial detention on journalists for crimes related to publication. The Committee would be grateful if the Government would indicate, in its next report, whether Act No. 156 of 1960 has been also formally repealed, and asks the Government to supply a copy of the relevant text and also supply a copy of Act No. 96 of 1996.

The Committee reiterates its hope that the Government will re-examine the other texts referred to above concerning film censorship, associations and private foundations, public meetings and political parties, with a view to ensuring the observance of the Convention: this might be achieved by redefining the punishable offences so that no person may be punished for holding or expressing political views or views ideologically opposed to the established political, social or economic system; or by modifying the nature of the penalty, for example replacing imprisonment with fines or granting prisoners convicted of certain offences a special status under which they are exempt from prison labour imposed on common offenders, but are allowed to work on their own initiative.

2. Article 1(d). In its earlier comments, the Committee referred to sections 124, 124A, 124C and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment which may involve compulsory labour. The Government indicated previously that, under section 24 of the Act concerning the organization of prisons, prisoners who are detained temporarily or who have been convicted without obligation to perform prison labour can only work when they so wish. The Government states in its latest report that section 24 is applicable to persons convicted under section 124 of the Penal Code, since the latter provides for detention and not for imprisonment. However, the Committee previously noted that all the above-mentioned sections of the Penal Code provide for imprisonment as a punishment for having participated in strikes. Thus, section 124 refers to imprisonment for a period of up to one year, which may be doubled in certain cases, as clearly indicated in the Government's latest report; the maximum penalty is two years under section 124A; sections 124 and 124A apply in conjunction with sections 124C and 374 of the Code. The Committee also noted previously that under sections 19 and 20 of the Penal Code, imprisonment with labour is imposed in all cases where persons are sentenced to imprisonment for one year or more. The Committee therefore reiterates its hope that measures will be taken in this connection to ensure the observance of the Convention. It recalls, with referring to the explanations provided in paragraph 123 of its General Survey of 1979 on the abolition of forced labour, that the imposition of penalties for participation in strikes in essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population) fall outside the scope of the Convention. The Committee repeats its request to the Government to supply copies of any court decisions handed down under the above-mentioned provisions of the Penal Code.

3. Article 1(c) and (d). The Committee previously expressed the hope that measures would be taken to ensure the observance of the Convention with regard to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, under which penalties of imprisonment involving compulsory labour may be imposed on seafarers who together commit repeated acts of insubordination. In this connection, the Committee recalled that Article 1(c) and 1(d) of the Convention prohibit the exaction of forced or compulsory labour as a means of labour discipline or as punishment for having participated in strikes. The Committee noted that, in order to remain outside the scope of the Convention, such punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life of persons. The Committee observed that, under section 13(5) read together with section 14, breaches of discipline or participation in strikes may be punished with imprisonment even in circumstances where the safety of the vessel or the life and health of persons are not endangered.

While noting the Government's indications in its latest report that the term "insubordination" used in the above-mentioned sections has a technical meaning different from that of the term "strike", the Committee points out that Article 1 prohibits the exaction of forced or compulsory labour both as a means of labour discipline and as a punishment for having participated in strikes. The Committee therefore reiterates its hope that the Government will soon be in a position to indicate that the necessary measures have been taken to ensure the observance of the Convention on this point.

4. The Committee requests the Government to supply information on a number of other points that are again dealt with in a request addressed directly to the Government.