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

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. The Committee notes that sentences of imprisonment (involving the obligation to work under section 60 of the Correctional Services Act of 2007) may be imposed under various provisions of the Penal Code in circumstances covered by Article 1(a) of the Convention, namely:

• (a) section 63 (spreading, publishing false news or false report tending to create or foster public alarm, public anxiety or disaffection or to produce public detriment);
• (b) section 74 (taking part in an unlawful assembly).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In this regard, it refers to paragraphs 302–304 of the 2012 General Survey on the fundamental Conventions, in which it emphasizes that the Convention does not prohibit punishment by penalties involving the compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, 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. In order to ascertain that no sentences involving the obligation to work are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system, the Committee requests the Government to provide information on the application of the abovementioned provisions in practice supplying copies of the court decisions defining or illustrating their scope.

2. The Committee requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations.

Article 1(c). Punishment for breaches of labour discipline. 1. Disciplinary measures applicable to civil servants. The Committee requests the Government to provide a copy of the legislation governing the conditions of employment of public servants, so that it could examine the nature of disciplinary measures that may be imposed on them.

2. Disciplinary measures applicable to seafarers. The Committee notes that, under section 131(e) of the Shipping Act, the failure to obey any lawful command is punishable by a term of imprisonment of two years. Moreover, section 132(a) and (b) provides that a seafarer who individually or with other seafarers wilfully and persistently neglects his duty, or disobeys any lawful command, shall be liable upon conviction, to imprisonment of two years (involving the imposition of compulsory labour). In this regard, the Committee recalls that provisions imposing penalties of imprisonment on seafarers for breaches of labour discipline should be restricted to actions that endanger the safety of the ship, or the life or health of persons on board. The Committee requests the Government to provide information on the application in practice of sections 131(e) and 132(a) and (b) of the Shipping Act, in order to ascertain that no sentences involving compulsory prison labour are imposed on seafarers for breaches of labour discipline, and that sentences of imprisonment are only limited to acts tending to endanger the ship or the life, or health of persons.