Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee has noted the Government’s reply to its earlier comments, and in particular, the Government’s indications concerning the application in practice of section 283 (disclosure of state secrets) and section 293(1) (non-performance or improper performance by an official of his duties as the result of a negligent attitude, causing large-scale damage) of the Criminal Code, as well as copies of the relevant court decisions.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views. The Committee has noted the adoption of the Law of 24 July 2007 to amend certain legal acts with a view to increasing liability for the “extremist activities”, which include acts based on political, ideological, racial, national or religious hatred or enmity. It has noted that under sections 280, 282.1 and 282.2 of the Criminal Code, the following acts are punishable with sanctions of imprisonment (which involves compulsory prison labour): public appeal to performing extremist activities, establishment of an extremist group or organization and participation in such a group or organization prohibited by a court decision.

The Committee draws the Government’s attention to the explanations contained in paragraph 154 of its 2007 General Survey on the eradication of forced labour, where it pointed out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, but if sanctions involving compulsory labour enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, such sanctions fall within the scope of the Convention.

The Committee therefore requests the Government to provide, in its next report, information on the application in practice of the abovementioned sections 280, 282.1 and 282.2 of the Criminal Code, including copies of any court decisions defining or illustrating their scope, and clarifying in particular the notion of “extremist activities”, so as to enable the Committee to ascertain their conformity with Article 1(a) of the Convention.