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

Article 1(a) of the Convention. Punishment for expressing political views. For a number of years, the Committee has been referring to Legislative Decree No. 65 of 1979 concerning public meetings and gatherings, which establishes a system of prior authorization (which may be refused without giving reasons, under section 6 of the above Decree) and, in the event of violations, provides for a penalty of imprisonment involving, by virtue of the Penal Code, an obligation to work. The Committee stressed the importance for the effective observance of the Convention of legal guarantees respecting the right of assembly and the direct bearing that a restriction of this right can have on the application of the Convention. Indeed, it is often through the exercise of this right that political opposition to the established order can be expressed, and in ratifying the Convention the State has undertaken to guarantee persons who manifest this opposition in a peaceful manner the protection that the Convention affords them.

The Committee has noted the Government’s indication in its report received in August 2007 that consultations will be held with the competent authorities to discuss the feasibility of amending section 2 of the above Legislative Decree, which provides for the exemption of certain kinds of meetings from its scope. However, the Committee has become aware that Legislative Decree No. 65 of 1979 was declared unconstitutional by the Constitutional Court in 2006. It has also noted that a new law concerning public meetings and gatherings was promulgated in 2008. The Committee would appreciate it if the Government would communicate a copy of the new law with its next report, so that the Committee can examine it at its next session.

Article 2(c) and (d). Disciplinary measures applicable to seafarers. For many years, the Committee has been referring to certain provisions of Legislative Decree No. 31 of 1980 regarding security, order and discipline on board ship, under which various breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment involving an obligation to work. The Committee recalled that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention only where such acts endanger the safety of the vessel or the life or health of persons, but that sections 11, 12 and 13 of the above Legislative Decree do not limit the application of the penalties to such acts.

The Committee has noted the Government’s repeated statement that it gives utmost priority to the adoption of the necessary measures to remove any conflict with the provisions of the Convention. The Government also states that Legislative Decree No. 31 of 1980 is intended to address dangerous acts which endanger the safety of the vessel or the life or health of persons on board, and the imposition of penalties is restricted in all cases to such acts.

While noting these indications, the Committee reiterates its hope that the necessary measures to amend Legislative Decree No. 31 of 1980 will be taken, e.g. by clearly indicating that the imposition of penalties involving compulsory labour is strictly limited to acts endangering the vessel or the life or health of persons. Pending the adoption of such measures, the Committee requests the Government to supply information on the application of the above Legislative Decree in practice, supplying copies of court decisions and indicating the penalties imposed.