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

Article 1, subparagraph a, of the Convention. Prison sentences involving compulsory labour imposed as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For many years, the Committee has been drawing the Government’s attention to a series of provisions in the Penal Code under which activities pertaining to freedom of expression and assembly are treated as offences and are punishable by imprisonment. They are the following:

–      section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security or to discredit the political institutions or their operations;

–      section 94: incitation to unarmed riotous assembly;

–      section 99: participation in the organization of an unannounced demonstration;

–      section 252: shouting and singing in public places or at public meetings;

–      section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news that has affected or might affect the morale of the population.

According to section 1 of Order No. 68-353 of 6 April 1968 to organize the work regime of inmates of detention and reform centres, penalties of imprisonment include compulsory work for all inmates. The Committee recalled in this context that the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

Given that the Government has previously declared its intention to repeal Order No. 68-353 and to bring sections 79, 94, 99, 252 and 254 of the Penal Code into conformity with the Convention, the Committee suggested either abolishing the prison penalties established in the abovementioned sections of the Penal Code or abolishing the requirement for prison inmates to work (section 1 of Order No. 68‑353). The Committee notes that in its latest report the Government once again indicates that the General Directorate of Labour has contacted the Ministry of Justice and the judicial authorities to examine ways to proceed rapidly to the repeal and replacement of the provisions of Order No. 68-353 which are contrary to the Convention. The review undertaken could result in the submission of a bill in the National Assembly at its session in October 2009. The Committee notes this information and trusts that steps will be taken so that a bill amending Order No. 68-353, which regulates the work regime of inmates in detention and reform centres, will be submitted to the National Assembly. The Committee hopes that this bill will ensure that persons who peacefully express political views or views ideologically opposed to the established political, social or economic system are not subjected to penalties that involve the obligation to work.