Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the information provided by the Government in reply to its earlier comments.

1. Article 1(a), (c) and (d) of the Convention. Over a number of years, the Committee has been referring to various provisions of 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 previously noted that Act No. 20 of 1991 on the promotion of freedom proclaims the right of citizens to express their opinion, and that point 2 of the Green Book on Human Rights prohibits punishments such as forced labour or long-term imprisonment. It also noted the Government’s indications to the effect that the abovementioned provisions of Publications Act No. 76 of 1972 and of the Penal Code would be amended, and that under section 2 of Act No. 5 of 1991 on the application of the principles of the Green Book on Human Rights, amendments must be drawn up within a period of one year.

In its reports received in 2000 and 2001, the Government reaffirms its intention to amend the provisions of Publications Act No. 76 of 1972 and the Penal Code referred to above, so as to ensure compliance with the Convention.

The Committee trusts that the necessary amendments will be made in the near future 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 disciplines or participated in strikes, and that copies of the amendments will be forwarded to the ILO, as soon as they are adopted.

2. The Committee previously noted from the Government’s report that the Orders of the Higher Council of the Revolution of 1969, the texts of which it had been requesting, became null and void following the promulgation of Acts Nos. 5 and 20 of 1991. It also noted that section 35 of Act No. 20 of 1991 provides that all conflicting legislation has to be amended.

The Government reaffirms in its latest report that the Orders in question are no longer valid. The Committee reiterates its hope that the necessary measures will be taken to formally repeal these texts and that copies of the repealing texts will be communicated, as soon as they are adopted. It also once more expresses the hope that the legislative texts governing the establishment, functioning and dissolution of associations and political parties will be sent to the ILO.