Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, subparagraph a, of the Convention. Imposition of prison sentences involving compulsory labour as a punishment for expressing political views or views opposed to the established political, social or economic system. 1. In its previous comments, the Committee noted that although section 23 of Decree No. 70-153 of 23 May 1970 establishing the prison rules lays down an obligation to work for prisoners sentenced under the ordinary law, persons serving political sentences are not required to work (section 117 read in conjunction with section 9). In its latest report, the Government states that political offences are offences relating to a breach of state security, namely any takeover or attempt to take over power or to overthrow institutions in a manner contrary to the Constitution. The Government also states that the offences referred to by the Committee in its previous direct request which are punishable by imprisonment are not political offences. These are:

–           Penal Code: section 101 (prohibiting unarmed gatherings on public thoroughfares or in other public places which might breach the peace); section 102 (imprisonment for a term ranging from two months to one year for any unarmed person who, having joined an armed or unarmed gathering, fails to leave it after one warning); section 104 (imprisonment for a term ranging from one month to one year for direct provocation to an unarmed gathering either by speeches made in public or by the posting or distribution of written or printed matter);

–           Ordinance No. 91-024 of 25 July 1991 on political parties, section 27 (imprisonment for a term ranging from six months to three years for funding, managing or administering a political party in breach of the provisions of this Ordinance);

–           Act No. 64-098 of 9 June 1964 on associations, section 8 (imprisonment for a term ranging from one to three years for anyone who takes up or continues to hold responsibility for the administration of an association without authorization);

–           Public Meetings Act: section 9 (imprisonment for a term ranging from two months to six months for any breach of the Act);

–           Ordinance No. 91-023 of 27 July 1991 on freedom of the press: sections 11, 17, 18, 24 to 28 in particular (circulation, dissolution or sale of newspapers or other written matter of foreign inspiration or origin or of such a nature as to offend against the principles of Islam or the credibility of the State, harm the general interest or jeopardize public order and safety; the distribution, sale, display or holding for the purpose of propaganda such tracts, bulletins and leaflets as may harm the national interest; libel and slander; insults).

The Committee takes note of this information. It reminds the Government that the Convention protects persons who have expressed certain political views or views ideologically opposed to the established political, social or economic system by prohibiting their punishment by sanctions that would require them to work, in this case penalties of imprisonment involving compulsory labour. Thus, activities that consist in expressing political or ideological opinions freely, whether orally or in the press or other media, or in exercising other rights such as the right of association and the right of assembly through which citizens seek to secure the dissemination and acceptance of their views and the adoption of policies and laws that reflect them, are activities which must be immune to punishment involving compulsory labour when they are carried out without violence. Insofar as the Government states that the abovementioned offences are not political offences so the offenders may be sentenced to imprisonment and hence required to work, the Committee requests the Government to provide information on the manner in which the courts use these provisions. The Committee needs to satisfy itself that no penalties of imprisonment involving compulsory labour are imposed under these provisions on persons who, without resorting to violence, express political views or views opposed to the established political, social or economic system. In order to do so, it needs to assess the scope of the abovementioned provisions and accordingly asks the Government to provide copies of any court decisions involving them.

2. The Committee notes the Government’s statement that no text has been adopted to regulate the emergency powers conferred on the President of the Republic in a state of siege or of emergency. It requests the Government to send with its future reports any text adopted for this purpose.