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

Supply of legislation. The Committee again requests the Government to supply, with its next report, copies of the legislation in force concerning the execution of criminal sentences, labour relations in the public service and the right to strike.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. In its earlier comments, the Committee referred to the following sections of the Criminal Code, which provide for various sanctions involving compulsory labour (such as deprivation of freedom, arrest and correctional tasks) in circumstances covered by the Convention:

–      section 156 (incitement of national, racial, ethnic or religious enmity); the Committee has noted from the Government’s report that, besides the “intentional actions demeaning the national honour and dignity or insulting the feelings of citizens in connection with their religious beliefs”, this section also makes punishable “manufacturing, storage or dissemination of materials propagating national, racial, ethnic or religious enmity”;

–      sections 216 and 216-1 (creation or inclining to participate in the activity of prohibited social associations and religious organizations);

–      section 216-2 (violation of legislation on religious organizations, as e.g. the performance of illegal religious activity, evasion of the registration of the charter and conversion of believers from one confession to another); and

–      section 217 (violation of the procedure for the organization and conducting of assemblies, meetings, street processions or demonstrations).

The Committee also noted previously the following provisions of the Code of Administrative Offences, which impose a sanction of “administrative arrest” for a term of up to fifteen days (involving an obligation to perform labour under section 346 of the Code) in circumstances covered by the Convention:

–      section 201 (violation of the procedure for the organization and conducting of public gatherings, meetings, street marches and demonstrations);

–      sections 202-1 (inclining to the participation in the activity of illegal social associations and religious organizations);

–      section 240 (violation of legislation on religious organizations, e.g. the performance of illegal religious activity, evasion of the registration of the charter and conversion of believers from one confession to another); and

–      section 241 (violation of the procedure of teaching of religion: teaching without prior authorization or teaching by a person who did not receive a special religious education).

The Committee recalled that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Referring also to the explanations provided in
paragraphs 152–166 of its General Survey of 2007 on the eradication of forced labour, the Committee points 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 sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. Such views may be expressed orally or through the press or other communications media or through the exercise of the right of association or participation in meetings and gatherings.

In the light of the above considerations, the Committee again requests the Government to provide, in its next report, information on the application in practice of the abovementioned sections 156, 216, 216-1, 216-2 and 217 of the Criminal Code, and sections 201, 202-1, 240 and 241 of the Code of Administrative Offences, including copies of any court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention. Please also provide information on measures taken or envisaged to ensure the observance of the Convention in this regard.

Article 1(c). Punishment for breaches of labour discipline. The Committee previously noted that, under section 207 of the Criminal Code, a failure to fulfil or improper fulfilment by an official of his duties as a result of a negligent or unscrupulous attitude towards service, which has caused large-scale damage or material harm to the rights and legitimate interests of citizens or organizations, or interests of the society or the State, is punishable by correctional tasks for a term of up to three years. The Committee asked the Government to provide information on the application of this provision in practice. Since the Government’s report contains no information on this issue, the Committee again requests the Government to supply information on the application of section 207 in practice, including copies of any court decisions defining or illustrating its scope, in order to enable the Committee to ascertain that it is not used as a means of labour discipline within the meaning of the Convention.

Article 1(d). Punishment for having participated in strikes. In its earlier comments, the Committee noted the provisions of section 218 of the Criminal Code punishing the participation in prohibited strikes under conditions of a state of emergency. The Committee again requests the Government to indicate any provisions imposing penal sanctions on participants in illegal strikes in the normal situation (outside a state of emergency), and to supply a copy, as well as information on the application of such provisions in practice, including also copies of the relevant court decisions and indicating the penalties imposed.