Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Suriname (Ratification: 1976)

Other comments on C105

Direct Request

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The Committee takes note of Government’s indication regarding the revised Penal Code amended in 2015. Thus, the provisions relating to sanctions imposing compulsory labour have been repealed and community service has been introduced within limits in the new sections 9, 39, 39a, 39b, 39c, 105, 105f and 105h. The Committee notes the adoption and implementation of the Decent Work Country Programme 2014–16.

Article 1(a) of the Convention. Sanctions involving compulsory labour as punishment for the expression of political or ideological views. For many years, the Committee has been referring to the National Decree of 20 July 1956 which requires prior authorization of meetings open to the public and other meetings in the district of Paramaribo under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly); sections 8 and 9 of the 1933 Decree provides for penalties involving compulsory labour. The Committee has also been referring to section 1 of the Decree No. B-10 of 29 June 1983, which prohibits the importation, carrying, sale, distribution, possession, storage, production and reproduction of proscribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the decree provides for penalties of imprisonment. The Committee previously noted that persons sentenced to imprisonment and detention could be subjected to compulsory labour according to sections 14, 16, 35 and 37 of the Penal Code. The Committee pointed out that they may lead to the imposition of compulsory labour as a punishment for expressing political or ideological views. The Committee also noted the Government’s indication that the Royal decree of 1933 was no longer in force. Thus, the Committee requested the Government to supply a copy of the repealing text. It also requested the Government to take the necessary measures to formally repeal Decree No. B-10 of 29 June 1983, in order to bring the legislation in conformity with the Convention and indicated practice.

The Committee notes the Government’s indication that in recent correspondence (August 2016) the Ministry of Justice and Police states that Decree No. B-10 of 29 June 1983 is still formally intact and that the Ministry of Labour will keep on asking the Ministry of Justice to bring the legislation in conformity with the Convention. The Committee also notes that sections 14, 16, 35 and 37 of the Penal Code providing compulsory labour to persons sentenced to imprisonment and detention, were repealed. The Committee notes the introduction of community service in new sections 9, 39, 39a, 39b, 39c, 105f and 105h. The Committee notes that the community service is not an alternative sanction but a principle one which is compulsory (section 9). The Committee recalls the Government that “sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the 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” (General Survey on the Eradication of forced labour, 2007, paragraph 154,). The Committee therefore urges the Government to take all the necessary measures to ensure that the Decree No. B-10 of 29 June 1983 and the National Decree of 20 July 1956 will be formally repealed and it requests the Government to provide information on the progress made in this regard. The Committee also requests the Government to ensure that, in both law and practice, penalties involving compulsory labour cannot be imposed for the expression of political and ideological views.

Article 1(c). Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. In its previous comments, the Committee has been referring to provisions applicable to seafarers which permit penalties of imprisonment (involving compulsory labour) to be imposed for certain breaches of labour discipline by seafarers, even in situation where the ships or the life or health of persons are not endangered (sections 455, 462, 463, 464 and 468). The Committee recalled the Government that it had been raising this issue for many years and it requested the Government to supply a copy of the revised Penal Code and information on how the revised Code had been brought into conformity with the Convention on this point.

The Committee notes the Government’s indication that sections 456–458, 462–463 and 468 of the Penal Code as amended in 2015 have been repealed and that sections 455 and 464 of the Penal Code as amended in 2015 applying to seafarers have been amended. The Committee notes that section 455 and 464 have been amended such as penalties of imprisonment (involving compulsory prison labour) can be imposed for certain breaches of labour discipline by seafarers only in situations of danger. The Committee also notes, as mentioned above, that sections 14, 16, 35 and 37 of the Penal Code were repealed that new sections 9, 39, 39a, 39b, 39c, 105, 105f and 105 of the Penal Code as amended in 2015 establishes community service. The Committee also notes that community service is not an alternative sanction but a general one which is compulsory (section 9).

While taking due note of the amendments of sections 455 and 462 of the Penal Code as amended in 2015 which narrow the scope of certain breaches of labour discipline to situations of danger, the Committee recalls, referring to the explanations provided in paragraphs 309–312 of its 2012 General Survey, that the Convention prohibits the use of any form of forced or compulsory labour “as a means of labour discipline” and it should be limited in scope to circumstances endangering the safety of the ship or the life or health of persons. The Committee requests the Government to ensure that compulsory labour, through community service, cannot be a sanction as a means of labour discipline by seafarers and can only concern situations where the ship, or the life or health of persons are endangered.

Communication of texts. The Committee requests the Government to provide a copy of the English text of the Penal Code as amended in 2015.