Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the Government’s report.

Article 1(a) of the Convention. In its earlier comments the Committee noted that, under section 142 of the revised Penal Code, a penalty of imprisonment may be imposed upon persons who, by means of speeches, proclamations, writings or emblems, incite others to acts constituting sedition, utter seditious words or speeches, or write, publish, or circulate scurrilous libels against the Government. Under section 154(1) a penalty of imprisonment may be imposed on any person who, by means of printing, lithography or any other means of publication, maliciously publishes as news any false news which may endanger the public order or cause damage to the interests or credit of the State.

The Committee recalled that the Convention prohibits the use of 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. It requested the Government to indicate the measures taken or envisaged to ensure that no penalties of imprisonment (involving, under section 1727 of the Revised Administrative Code, an obligation to work) may be imposed in the situations covered by the Convention.

The Committee noted the Government’s indication in its report of 1999 that a proposal to amend section 1727 of the Revised Administrative Code has been submitted. However, the Government states in its latest report that this section governs the administration of prisons and ensures that the prisoners maintain hygiene and sanitation and keeps them productively occupied while serving their term of imprisonment.

While noting this statement, the Committee wishes to draw the attention of the Government to paragraphs 102-109 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that labour imposed as a consequence of a conviction in a court of law will, in most cases, have no relevance to the application of the Convention; but on the other hand, if any form of compulsory labour, including prison labour, is imposed on a person because he holds or has expressed particular political views, has committed a breach of labour discipline or has participated in a strike, the situation is covered by the Convention.

The Committee reiterates its hope that measures will be adopted in the near future to ensure the observance of the Convention in this regard, and requests the Government to provide, in its next report, information on the action taken. Pending amendment of the legislation, the Government is again requested to provide information on the application in practice of sections 142 and 154(1) of the Penal Code, including statistics of convictions made thereunder and copies of any court decisions defining or illustrating their scope.

Article 1(d). In its earlier comments the Committee noted that, in the event of a planned or current strike in an industry considered indispensable to the national interest, the Secretary of Labour and Employment may assume jurisdiction over the dispute and settle it or certify it for compulsory arbitration. Furthermore, the President may determine the industries indispensable to the national interest and assume jurisdiction over a labour dispute (section 263(g) of the Labor Code, as amended by Act No. 6715). The declaration of a strike after such assumption of jurisdiction or submission to compulsory arbitration is prohibited (section 264), and participation in an illegal strike is punishable by imprisonment (section 272(a) of the Labor Code), which involves an obligation to perform labour (pursuant to section 1727 of the Revised Administrative Code). The revised Penal Code also lays down sanctions of imprisonment for participants in illegal strikes (section 146).

The Committee pointed out, with reference to paragraph 123 of its General Survey of 1979 on the abolition of forced labour, that any compulsory arbitration enforceable with penalties involving compulsory labour must be limited to services whose interruption would endanger the life, personal safety or health of the whole or part of the population. It noted from the Government’s report received in November 1994 that amendments to section 263(g) of the Labor Code had been proposed in Senate Bill No. 1757 which sought to limit the situation only to disputes affecting industries performing essential services and that the Bill had been filed with Congress.

The Committee has noted the Government’s indication in its report that the said Bill is still pending in the Senate. The Committee expresses the firm hope that the necessary measures will be taken to amend the above section 263(g) with a view to limiting its application only to disputes in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and that the Government will soon be in a position to indicate progress in bringing the legislation into conformity with the Convention.