Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 1(a) and (d) of the Convention. The Committee has been referring for many years to Act No. 15 of 13 November 1959 which represses acts of resistance, disobedience and failings towards members of the Government, members of Parliament and the administrative and judicial authorities, and under which participation in a strike is punishable by imprisonment involving forced labour. In addition, the Committee has also referred to Act No. 35 of 8 January 1960 respecting subversive texts, under the terms of which persons who have expressed political ideas may be punished in a manner which is not compatible with the Convention. The Committee has previously requested the Government to take the necessary measures to amend these texts so as to ensure that forced labour is not exacted in a manner that is incompatible with the Convention and being used 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, or as a punishment for having participated in strikes.

The Committee notes that the Constitution of 31 March 1996 includes provisions on the freedoms of opinion and expression, communication, conscience, religion, the press, association, assembly, movement, demonstration and procession (article 27), trade union freedom (article 28) and the right to strike (article 29). It notes that sections 456 to 461 of Act No. 38/PR/96 of 11 December 1996, issuing the Labour Code, regulates the exercise of the right to strike: section 456 provides that the exercise of the right to strike is recognized for all employees; section 459 provides for the freedom of employees not to participate in a strike; and section 460(2) provides that employees may not be penalized for participation in a strike.

The Committee recalls that in its previous report the Government reaffirmed its determination to conduct inter-ministerial negotiations so that the texts referred to in the first paragraph above are repealed in the future. It therefore once again urges the Government to provide information in the near future on the measures taken in this respect.