Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Communication of texts. The Committee again requests the Government to provide copies of laws and regulations governing the execution of penal sentences.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. The Committee previously noted that the Criminal Code provides for sanctions involving compulsory labour (imprisonment for a term of up to four years or correctional labour for a term of up to two years) for “inciting national, racial or religious hatred” (section 226(1)).

The Committee recalls 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. It refers in this connection to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed 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.

The Committee notes the Government’s indications in the report concerning the number of convictions under section 226(1) of the Criminal Code during the period between 2004 and June 2009. Noting that the Government’s report contains no other information on this issue, the Committee again requests the Government to provide sample copies of the court decisions, which could define or illustrate the scope of section 226(1), so as to enable the Committee to ascertain whether it is applied in a manner compatible with the Convention.

The Committee previously noted that under section 15(2) of the Law on Conducting Meetings, Assemblies, Rallies and Demonstrations, 2004, organizers of a public event conducted in violation of the provisions of the Law, or organizers and participants failing to comply with the requirements for termination thereof, shall be liable by law. The Committee again requests the Government to clarify the scope of such liability, indicating the penalties which might be imposed, and to supply copies of the relevant provisions.

Article 1(c). Penal sanctions applicable to public officials. The Committee notes that, under section 315(1) of the Criminal Code (“Official negligence”), the non-performance or improper performance of one’s duties by a public servant as the result of a negligent attitude, causing substantial harm to persons or organizations, or to state interests, is punishable by correctional labour or arrest (which involves an obligation to perform labour).

The Committee notes the Government’s indications in the report concerning the number of convictions under section 315(1) during the period between 2004 and June 2009. It requests the Government to provide, in its next report, more detailed information on the court decisions passed under section 315(1) of the Criminal Code, which could define or illustrate its scope, including sample copies of such decisions, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.