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

The Committee notes with satisfaction that the Trade Disputes (Arbitration and Settlement) Act, 1964, which contained provisions under which workers employed in “essential services” may be prohibited from terminating their contract of service, has been repealed by the Labour Disputes (Arbitration and Settlement) Act, 2006 (section 44(1)). Section 34(1) of the new Act expressly provides that an individual employee (employed in “essential services”) shall not be prohibited from giving notice of termination of employment at any time under the Employment Act, 2006.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been referring to the following legislation:

(i)    the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour;

(ii)    sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the minister to declare any combination of two or more people an unlawful society and thus render any speech, publication or activity on behalf of, or in support of, such combination illegal and punishable with imprisonment (involving an obligation to perform labour).

As the Committee repeatedly pointed out, any penal sanctions involving an obligation to perform prison labour are contrary to the Convention when imposed on persons convicted for expressing political views or views opposed to the established political system, or having contravened a widely discretionary administrative decision depriving them of the right to publish their views or suspending or dissolving certain associations (see, for example,
paragraphs 152–166 of its 2007 General Survey on the eradication of forced labour).

The Committee expresses the firm hope that the necessary measures will at last be taken to repeal or amend the abovementioned provisions of the Public Order and Security Act, No. 20 of 1967, and of the Penal Code, in order to bring the legislation into conformity with the Convention, and that the Government will provide, in its next report, information on progress made in this regard.

The Committee is also addressing a request on certain other points directly to the Government.