Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes that the Government refers in its latest report to article 84(3) of the Constitution, according to which all compulsory labour is prohibited except for work performed pursuant to penal legislation. It explains that, inasmuch as the Constitution is supreme, any legislation of a lower rank which clashed with it would be tacitly repealed. The Committee considers that, in order to avoid any risk of legal uncertainty, the legislative provisions which it has identified as being contrary to the Convention should be formally repealed. The Committee therefore requests the Government to take the necessary measures towards this end, taking into account its comments formulated below.

Article 1(a) of the Convention. Imposition of prison sentences involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Under the terms of Act No. 19/91 on the security of the State, illegal activities intended to modify institutions of the State (section 15) and the offences of defaming, slandering and insulting the President of the Republic, members of the Government, High Court judges or members of the Constitutional Council (section 22) are punishable by prison sentences. Referring to these provisions, the Committee recalled that the Convention prohibits any recourse to forced or compulsory labour, including compulsory prison labour, as a punishment for persons who, without resorting to violence, hold or express certain political views or views ideologically opposed to the established political, social or economic system.

In so far as, firstly, under sections 15 and 22 of the Act, activities likely to fall within the scope of the Convention could be punishable by a prison sentence and, secondly, persons sentenced to imprisonment are compelled to work, the Committee requests the Government to continue indicating in its reports whether individuals have been sentenced under the provisions of the Act. Please provide, where appropriate, a copy of the court rulings handed down which, by illustrating the type of activities which may be punished, will allow the Committee to evaluate the scope of these provisions in practice and their conformity with the Convention.

Article 1(a) and (b). While noting that the Government already indicated previously that it had become obsolete, the Committee reiterates the need to repeal formally the Ministerial Directive of 15 June 1985 on the evacuation of towns, under which persons identified as “unproductive” or “anti-social” may be arrested and sent to re-education centres or assigned to productive sectors.

Article 1(b) and (c). Imposition of prison sentences involving an obligation to work for the purposes of economic development and as a means of labour discipline. For many years the Committee has been emphasizing the need to amend or repeal the provisions of Act No. 5/82 of 9 June 1989 concerning the defence of the economy. This Act provides for the punishment of behaviour which, directly or indirectly, jeopardizes economic development, prevents the implementation of the Plan or is detrimental to the material or spiritual well-being of the population. Sections 10, 12, 13 and 14 of the Act prescribe prison sentences involving compulsory labour in repeated cases of failure to fulfil the economic obligations set forth in instructions, directives, procedures, etc., governing the preparation or implementation of the National Plan. Section 7 of the Act penalizes unintentional behaviour (such as negligence, the lack of a sense of responsibility, etc.) resulting in the infringement of managerial or disciplinary standards.

The Government previously indicated that Act No. 5/82 concerning the defence of the economy and Act No. 9/87 amending it were repealed by the Assembly of the Republic on 21 March 2007. The Committee noted, however, that on 20 June 2007 the Constitutional Council declared the law adopted by the Assembly repealing Acts Nos 5/82 and 9/87 to be unconstitutional, considering that the blanket repeal of these Acts would have the effect of no longer criminalizing or punishing certain behaviour that jeopardizes economic development which are not punishable by other legislative texts, thereby leaving a legal vacuum. The Committee hopes that the Government will take all the necessary steps to repeal the provisions of Act No. 5/82 concerning the defence of the economy, as amended by Act No. 9/87, which are contrary to the Convention.

Article 1(d). Penalties imposed for participation in strikes. The Committee notes that, under section 268(3) of the new Labour Act (Act No. 23/2007), striking workers who violate the provisions of section 202(1) and section 209(1) (obligation to ensure a minimum service) face disciplinary penalties and may incur criminal liability, in accordance with the general legislation. The Committee requests the Government to indicate the nature of the penalties imposed on striking workers in cases where they incur criminal liability and the provisions of the general legislation applicable in this regard.

Process of reforming the penal legislation. Noting that a draft Penal Code dating from 2006 is available on the Government’s website, the Committee requests the Government to indicate the progress made regarding the adoption of the new Penal Code and to provide a copy of the text when it has been adopted. It also requests the Government to send a copy of the legislation regulating prison labour and to indicate whether this legislation is also due to be revised.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraph a, of the Convention. Imposition of prison sentences involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that, under Act No. 19/91 on State Security, illegal activities intended to modify institutions of the State (section 15) and the offences of defaming, slandering and insulting the President of the Republic, members of the Government, High Court judges or members of the Constitutional Council (section 22), are punishable by prison sentences which involve compulsory labour. The Committee recalled that the Convention prohibits any recourse to forced or compulsory labour, including compulsory prison labour, as a punishment for persons who, without resorting to violence, hold or express political views or views ideologically opposed to the established political, social or economic system.

In this regard, the Government has indicated that no rulings have been handed down or sentences imposed in accordance with the State Security Act. The Committee notes this information. In so far as, firstly, under sections 15 and 22 of the Act, activities likely to fall within the scope of the Convention could be punishable by a prison sentence and, secondly, persons sentenced to imprisonment are compelled to work, the Committee requests the Government to continue to indicate in its future reports whether individuals have been sentenced in accordance with these provisions of the Act. Please provide, where appropriate, a copy of the court rulings handed down which, by illustrating the type of activities which may be punished, will allow the Committee to examine in practice the scope of these provisions, in the light of the Convention.

Article 1, subparagraphs a and b. While noting that the Government already indicated previously that it had become obsolete, the Committee recalls the need to repeal formally the Ministerial Directive of 15 June 1985 on the evacuation of towns under which persons identified as “unproductive” or “anti-social” may be arrested and sent to re-education centres or assigned to productive sectors.

Article 1, subparagraphs b and c. Imposition of prison sentences involving an obligation to work for purposes of economic development and as a means of labour discipline. For many years, the Committee has been emphasizing the need to amend or repeal the provisions of Act No. 5/82 of 9 June 1989 relating to the defence of the economy. This Act provides for the punishment of behaviour which, directly or indirectly, jeopardizes economic development, prevents the implementation of the plan or is detrimental to the material or spiritual wellbeing of the population. Sections 10, 12, 13 and 14 of the Act prescribe sentences of imprisonment involving compulsory labour in several cases of failure to fulfil the economic obligations set forth in instructions, directives, procedures, etc., governing the preparation or implementation of the national plan. Section 7 of the Act punishes unintentional behaviour (such as negligence, the lack of a sense of responsibility, etc.) resulting in the infringement of managerial and disciplinary standards.

The Committee notes that the Government has indicated that Act No. 5/82 on the defence of the economy and Act No. 9/87 amending it were repealed by the Assembly of the Republic on 21 March 2007. However, on 20 June 2007, the Constitutional Council declared as unconstitutional the Act adopted by the Assembly which repealed Acts Nos 5/82 and 9/87. The Committee notes that, in its decision, the Constitutional Council considered that the repeal of these Acts in their entirety would have the effect of no longer criminalizing nor punishing certain behaviours which jeopardize economic development which are not punishable by other texts, therefore leaving a gap in the legal systems. The Committee hopes that the Government will take all the necessary steps to repeal the provisions of Act No. 5/82 on the defence of the economy, amended by Act No. 9/87, which are contrary to the Convention.

Article 1, subparagraph (d). Sanctions imposed for participation in a strike. The Committee notes the adoption in 2007 of a new Labour Act (Act No. 23/2007). It notes that, under section 268(3), striking workers who violate the provisions of sections 202(1) and 209(1) (obligation to ensure a minimum service) are liable to disciplinary sanctions and may incur criminal liability in accordance with the general legislation. The Committee requests the Government to indicate the nature of the penalties incurred by these striking workers where they incur criminal liability and the provisions of the general legislation applicable in this regard.

Process of reforming the criminal legislation. The Committee requests the Government to indicate the progress made in revising the Penal Code. It also requests it to provide a copy of the legislation regulating prison labour and indicate whether this legislation is also to be revised.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 (a) of the Convention. Imposition of prison sentences involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that, under Act No. 19/91 on State Security, illegal activities intended to modify institutions of the State (section 15) and the offences of defaming, slandering and insulting the President of the Republic, members of the Government, High Court judges or members of the Constitutional Council (section 22), are punishable by prison sentences which involve compulsory labour. The Committee recalled that the Convention prohibits any recourse to forced or compulsory labour, including compulsory prison labour, as a punishment for persons who, without resorting to violence, hold or express political views or views ideologically opposed to the established political, social or economic system.

In its report, the Government indicates that no rulings have been handed down or sentences imposed in accordance with the State Security Act. The Committee notes this information. In so far as, firstly, under sections 15 and 22 of the Act, activities likely to fall within the scope of the Convention could be punishable by a prison sentence and, secondly, persons sentenced to imprisonment are compelled to work, the Committee requests the Government to continue to indicate in its future reports whether individuals have been sentenced in accordance with these provisions of the Act. Please provide, where appropriate, a copy of the court rulings handed down which, by illustrating the type of activities which may be punished, will allow the Committee to examine in practice the scope of these provisions, in the light of the Convention.

Article 1(a) and (b). While noting that the Government already indicated previously that it had become obsolete, the Committee recalls the need to repeal formally the Ministerial Directive of 15 June 1985 on the evacuation of towns under which persons identified as “unproductive” or “anti-social” may be arrested and sent to re-education centres or assigned to productive sectors.

Article 1(b) and (c). Imposition of prison sentences involving an obligation to work for purposes of economic development and as a means of labour discipline. For many years, the Committee has been emphasizing the need to amend or repeal the provisions of Act No. 5/82 of 9 June 1989 relating to the defence of the economy. This Act provides for the punishment of behaviour which, directly or indirectly, jeopardizes economic development, prevents the implementation of the plan or is detrimental to the material or spiritual wellbeing of the population. Sections 10, 12, 13 and 14 of the Act prescribe sentences of imprisonment involving compulsory labour in several cases of failure to fulfil the economic obligations set forth in instructions, directives, procedures, etc., governing the preparation or implementation of the national plan. Section 7 of the Act punishes unintentional behaviour (such as negligence, the lack of a sense of responsibility, etc.) resulting in the infringement of managerial and disciplinary standards.

The Committee notes that the Government indicates in its latest report that Act No. 5/82 on the defence of the economy and Act No. 9/87 amending it were repealed by the Assembly of the Republic on 21 March 2007. However, on 20 June 2007, the Constitutional Council declared as unconstitutional the Act adopted by the Assembly which repealed Acts Nos 5/82 and 9/87. The Committee notes that, in its decision, the Constitutional Council considered that the repeal of these Acts in their entirety would have the effect of no longer criminalizing nor punishing certain behaviours which jeopardize economic development which are not punishable by other texts, therefore leaving a gap in the legal systems. The Committee hopes that the Government will take all the necessary steps to repeal the provisions of Act No. 5/82 on the defence of the economy, amended by Act No. 9/87, which are contrary to the Convention.

Article 1(d). Sanctions imposed for participation in a strike. The Committee notes the adoption in 2007 of a new Labour Act (Act No. 23/2007). It notes that, under section 268(3), striking workers who violate the provisions of sections 202(1) and 209(1) (obligation to ensure a minimum service) are liable to disciplinary sanctions and may incur criminal liability in accordance with the general legislation. The Committee requests the Government to indicate the nature of the penalties incurred by these striking workers where they incur criminal liability and the provisions of the general legislation applicable in this regard.

Process of reforming the criminal legislation. The Committee requests the Government to indicate the progress made in revising the Penal Code. It also requests it to provide a copy of the legislation regulating prison labour and indicate whether this legislation is also to be revised.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1(a) and (b) of the Convention. In its previous comments, the Committee drew the Government’s attention to the Ministerial Directive of 15 June 1985 on the evacuation of towns which contains a certain number of measures concerning persons considered to be “unproductive” or “anti-social”. Such persons may be arrested and sent to re-education centres or assigned to productive sectors, with, if necessary, the use of appropriate coercive means.

In its last report, the Government confirms that re-education centres no longer exist. It states that the abovementioned directive was established under a certain political regime, but that, in the light of political developments, it is now obsolete. The Committee notes this information and hopes that the Government will take the legislative revision process as an opportunity to repeal this directive formally.

2. Article 1(a). In its previous comments, the Committee asked the Government to provide information on the application in practice of sections 15 and 22 of Act No. 19/91 on state security. Pursuant to these provisions, illegal activities intended to modify institutions of the State (section 15) and the offences of defaming, slandering and insulting the President of the Republic, members of the Government, High Court judges or members of the Constitutional Council (section 22), are punishable by prison sentences which may involve compulsory labour. The Committee recalled that the Convention prohibits any form of forced or compulsory labour as a means of political coercion or education, or as a punishment for holding or expressing certain political opinions or demonstrating ideological opposition to the established political, social or economic system. The Committee also emphasized that the protection afforded by the Convention extends to activities that aim to bring about fundamental changes in the institutions of the State, provided that they do not involve the use of, or incitement to, violent methods as a means of achieving the ends sought.

In its last report, the Government indicates that there have been no cases in which individuals have committed slander or similar acts and that, as a result, this provision of Act No. 19/91 has not been used. The Committee notes this information and would like the Government to continue providing information on the application in practice of sections 15 and 22 of Act No. 19/9, and to communicate, if appropriate, copies of the relevant court decisions. The Committee requires this information in order to assess the scope of these provisions.

3. Article 1(b) and (c). For many years the Committee has emphasized the need to amend or repeal the provisions of Act No. 5/82 of 9 June 1989 relating to the defence of the economy. This Act provides for the punishment of behaviour which directly or indirectly jeopardizes economic development, prevents the implementation of the plan or is detrimental to the material or spiritual well-being of the population. Sections 10, 12, 13 and 14 of the Act prescribe sentences of imprisonment involving compulsory labour in several cases of failure to fulfil the economic obligations set forth in instructions, directives, procedures, etc., governing the preparation or implementation of the national plan. Section 7 of the Act punishes unintentional behaviour (such as negligence, the lack of a sense of responsibility, etc.) resulting in the infringement of managerial and disciplinary standards. These provisions appear to be generally applicable to any breach of the obligations or economic and technical standards concerned. However, in accordance with the Convention, each State shall undertake to eliminate forced or compulsory labour and not to make use of any form of forced or compulsory labour (including compulsory prison work) as a method of mobilizing and using labour for purposes of economic development or as a means of labour discipline.

With regard to the amendment of Act No. 5/82, the Government indicates in its last report that the revision of the Labour Act is currently under way. After this revision, it will undoubtedly be necessary to amend certain supplementary provisions that are inconsistent with the General Labour Act or the Convention. The Government will provide the Office with any relevant information on the amendments made. The Committee hopes that in its next report the Government will be able to indicate the progress made in respect of the amendment or repeal of Act No. 5/82 relating to the defence of the economy.

4. The Committee requests the Government to provide copies of the Penal Code and Decrees Nos. 58 and 59 of 1974 on prison labour and, where appropriate, a copy of any other legislation in force in this respect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the reports provided by the Government including the information that the Government has recently ratified a number of core Conventions including the Forced Labour Convention, 1930 (No. 29).

In its previous comments, the Committee expressed concern on the following points.

Article 1(a) and (b). The Committee previously noted that the Ministerial Directive of 15 June 1985 on the evacuation of towns contained a certain number of measures concerning persons considered to be "unproductive" or "anti-social". Such persons may be sent to re-education centres or placed in productive sectors and, if necessary, "appropriate coercive means" may be used to oblige those who resist the Directive to comply. In its report, the Government confirmed that the re-education centres had been closed and indicated that steps have been taken to call on the Ministries of Justice and of the Interior to repeal the Ministerial Directive. No further information on this is given by the Government in its most recent report. The Committee hopes that these steps will lead in the very near future to the repeal of the above Directive with a view to bringing the national legislation into conformity with the Convention. Please provide information on any progress made in this respect.

Article 1(a). The Committee previously noted that by virtue of sections 15 and 22, of Act No. 19/91, illegal activities intended to modify institutions of the State (section 15) and the offences of defaming, slandering and insulting the President of the Republic, members of the Government, High Court judges or members of the Constitutional Council (section 22), are punishable by prison sentences which may involve compulsory labour. The Convention, however, prohibits the use of forced or compulsory labour as a means of political coercion or education, or as a punishment for holding or expressing certain political opinions of demonstrating ideological opposition to the established political, social or economic system. In this respect, the Committee recalls that the protection afforded by the Convention extends to activities that aim to bring about fundamental changes in the institutions of the State, provided that they do not involve the use of, or incitement to, violent methods as a means of achieving the ends sought. Taking into account the above, the Committee once again requests the Government to provide information on the sentences handed down under the above provisions of Act No. 19/91 and to transmit copies of the corresponding rulings.

Article 1(b) and (c). The Committee notes the Government’s indication in its report that every effort will be made to amend the provisions of Act No. 5/82 of 9 June 1989 with respect to the defence of the economy which are not in conformity with the Convention. Act No. 5/82 provided for the punishment of behaviour which directly or indirectly jeopardizes economic development, prevents the implementation of the plan or is detrimental to the material or spiritual well-being of the population. Sections 10, 12, 13 and 14 of the Act prescribed sentences of imprisonment involving compulsory labour in several cases of failure to fulfil the economic obligations set forth in instructions, directives, procedures, etc., governing the preparation or implementation of the national plan. Section 7 of the Act punished unintentional behaviour (such as negligence, the lack of a sense of responsibility, etc.) resulting in the infringement of managerial and disciplinary standards. These provisions appear to be generally applicable to any breach of the obligations or economic and technical standards concerned. However, in accordance with the Convention, each Member undertakes to eliminate forced or compulsory labour and not to make use of any form of forced or compulsory labour (such as compulsory labour imposed by a court decision) as a method of mobilizing and using labour for purposes of economic development or as a means of labour discipline. The Committee hopes that the Government will be able to report progress in amending these provisions in its next report.

The Committee once again requests the Government to provide copies of Decrees Nos. 58 and 59 of 1974 with respect to prison labour and of any other relevant legislation that is in force.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the Government's report and of the complete text of Labour Act No. 8/98.

1. The Committee notes that paragraph 3 of article 215 (Special sanctions) of Labour Act No. 8/98 prescribes that striking workers who violate paragraph 1 of article 130 (Maintenance of equipment) and article 139 (Access to facilities by non-striking workers) are subject to civil and penal prosecution. The Committee asks the Government to indicate the sanctions which may be imposed upon workers and to supply copies of the relevant legal provisions.

The Committee notes, furthermore, that the Government's report contains no reply to previous comments on the following points:

Article 1(a) and (b) of the Convention. 2. In its previous comments, the Committee referred to the Ministerial Directive of 15 June 1985 on the evacuation of towns, which provided for a number of measures directed at the "unproductive" population. The Committee noted that the re-education centres had been closed, and asked the Government to take the necessary measures to repeal the Ministerial Directive of 15 June 1985 in order to bring its national legislation into conformity with the Convention. The Committee notes that the Government has not replied on this point, and asks it to provide information on this matter in its next report.

3. The Committee noted that, under the terms of sections 15 and 22 of Act No. 19/91, prison sentences involving compulsory labour could be imposed for illegal activities aimed at changing the institutions of the State (section 15) and for the offences of defaming, slandering and insulting the President of the Republic, members of the Government, High Court judges and members of the Constitutional Council (section 22). The Committee recalls that the Convention prohibits any recourse to forced or compulsory labour as a means of political coercion or education, or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee also recalls that the protection afforded by the Convention extends to activities that aim to bring about fundamental changes in the institutions of the State, provided that they do not involve the use of, or incitement to, violent methods as a means of achieving the ends sought. The Committee again requests the Government to supply information on the effect given in practice to the above provisions of Act No. 19/91 with regard to sentences that have been imposed, and to supply copies of the appropriate judgement

4. The Committee notes the Government's statement to the effect that work done under the terms of penal legislation is not subject to the constitutional prohibition of forced labour. This type of work comes under the existing legal framework and arises from contracts that may be concluded between the penal establishment concerned and other institutions and with the authorization of the prison director. It should not be regarded as forced labour since it is done as part of the sentence and constitutes the prisoner's everyday activity. The Committee wishes to recall in this regard that labour imposed as a consequence of conviction in a court of law normally has no relevance to the application of the Convention, but if a person is obliged in one way or another to work for having expressed certain political opinions or because of breaches of labour discipline or participation in a strike, that situation is covered by the Convention (see the Committee's 1979 General Survey on the abolition of forced labour, paragraph 105). The Committee notes that the Government has indicated that it is working actively towards ratification of Convention No. 29, which restricts work done in prison for the benefit of private individuals.

The Committee again requests the Government to provide copies of Decrees Nos. 58 and 59 of 1974 respecting prison labour. It also requests the Government to indicate whether political prisoners are exempt from the obligation to work.

Article 1(b) and (c). 5. The Committee previously noted that Act No. 5/82 of 9 June 1982 respecting the defence of the economy prescribed penalties for behaviour that jeopardized economic development, prevented the carrying out of the plan or interfered with the material or spiritual welfare of the people. The Committee noted that sections 10, 12, 13 and 14 of the Act provided for terms of imprisonment involving compulsory labour in several cases of failure to fulfil economic obligations resulting from instructions, directives, procedures, etc., governing the preparation or carrying out of the national state plan. Section 7 of the Act provides penalties for unintentional behaviour (such as carelessness, lack of a sense of responsibility, etc.) resulting in infringement of the standards of management and discipline. These provisions appear to be generally applicable to any breach of the obligations or economic or technical standards in question. The Committee again invites the Government to take the necessary measures to repeal or modify the provisions in question of Act No. 5/82 to ensure compliance with the Convention, according to which Members are obliged to suppress and not to make any use of any form of forced or compulsory labour (including compulsory work imposed as part of a court sentence) as a method of mobilizing and using labour for purposes of economic development or as a means of labour discipline. The Committee asks the Government to provide information on any progress made in this matter.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the Government's report.

1. Article 1(a) and (b) of the Convention. In its previous comments, the Committee referred to the Ministerial Directive of 15 June 1985 on the evacuation of towns, which provided for a number of measures directed at the "unproductive" population. The Committee noted that the re-education centres had been closed, and asked the Government to take the necessary measures to repeal the Ministerial Directive of 15 June 1985 in order to bring its national legislation into conformity with the Convention. The Committee notes that the Government has not replied on this point, and asks it to provide information on this matter in its next report.

2. The Committee noted that, under the terms of sections 15 and 22 of Act No. 19/91, prison sentences involving compulsory labour could be imposed for illegal activities aimed at changing the institutions of the State (section 15) and for the offences of defaming, slandering and insulting the President of the Republic, members of the Government, High Court judges and members of the Constitutional Council (section 22). The Committee recalls that the Convention prohibits any recourse to forced or compulsory labour as a means of political coercion or education, or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee also recalls that the protection afforded by the Convention extends to activities that aim to bring about fundamental changes in the institutions of the State, provided that they do not involve the use of, or incitement to, violent methods as a means of achieving the ends sought. The Committee again requests the Government to supply information on the effect given in practice to the above provisions of Act No. 19/91 with regard to sentences that have been imposed, and to supply copies of the appropriate judgements.

3. The Committee notes the Government's statement to the effect that work done under the terms of penal legislation is not subject to the constitutional prohibition of forced labour. This type of work comes under the existing legal framework and arises from contracts that may be concluded between the penal establishment concerned and other institutions and with the authorization of the prison director. It should not be regarded as forced labour since it is done as part of the sentence and constitutes the prisoner's everyday activity. The Committee wishes to recall in this regard that labour imposed as a consequence of conviction in a court of law normally has no relevance to the application of the Convention, but if a person is obliged in one way or another to work for having expressed certain political opinions or because of breaches of labour discipline or participation in a strike, that situation is covered by the Convention (see the Committee's 1979 General Survey on the abolition of forced labour, paragraph 105). The Committee notes that the Government has indicated that it is working actively towards ratification of Convention No. 29, which restricts work done in prison for the benefit of private individuals.

The Committee again requests the Government to provide copies of Decrees Nos. 58 and 59 of 1974 respecting prison labour. It also requests the Government to indicate whether political prisoners are exempt from the obligation to work.

4. Article 1(b) and (c). The Committee previously noted that Act No. 5/82 of 9 June 1982 respecting the defence of the economy prescribed penalties for behaviour that jeopardized economic development, prevented the carrying out of the plan or interfered with the material or spiritual welfare of the people. The Committee noted that sections 10, 12, 13 and 14 of the Act provided for terms of imprisonment involving compulsory labour in several cases of failure to fulfil economic obligations resulting from instructions, directives, procedures, etc., governing the preparation or carrying out of the national state plan. Section 7 of the Act provides penalties for unintentional behaviour (such as carelessness, lack of a sense of responsibility, etc.) resulting in infringement of the standards of management and discipline. These provisions appear to be generally applicable to any breach of the obligations or economic or technical standards in question. The Committee again invites the Government to take the necessary measures to repeal or modify the provisions in question of Act No. 5/82 to ensure compliance with the Convention, according to which Members are obliged to suppress and not to make any use of any form of forced or compulsory labour (including compulsory work imposed as part of a court sentence) as a method of mobilizing and using labour for purposes of economic development or as a means of labour discipline. The Committee asks the Government to provide information on any progress made in this matter.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous direct request which read as follows:

1. Article 1(a) and (b) of the Convention. In previous comments, the Committee has referred to the Ministerial Directive of 15 June 1985 on the evacuation of towns, issued under the decisions of the Fourth Congress of the Frelimo Party, the aim of which is to combat hunger, underdevelopment and various forms of marginality and criminality. The Directive provides for the "unproductive" population to be moved from the towns to rural areas; "sorting posts" are responsible for checking persons suspected of being unemployed, vagrants, prostitutes or of belonging to other marginal groups (circular on the structure of "operation production"). Persons arrested and identified as "unproductive or anti-social" are sent to re-education centres or assigned to sectors of production (guide for mobilization brigades). Section 2 of the Directive provides for the use of "appropriate coercive means to oblige those who resist to observe the decisions of the Fourth Congress of the Frelimo Party". The Committee requested the Government to provide information on the measures adopted to ensure the observance of the Convention in this regard.

The Committee notes the Government's indication in its report that the re-education centres have been closed and that the persons sent to the centres have been freed.

The Committee requests the Government to take the necessary measures to repeal the Ministerial Directive of 15 June 1985, thereby bringing national legislation into conformity with the Convention. It also requests the Government to supply information on any progress achieved in this respect.

The Committee notes that under the terms of sections 15 and 22 of Act No. 19/91, prison sentences involving the obligation to work can be imposed for illegal activities aimed at changing the institutions of the State (section 15) and for the offences of defaming, slandering and insulting the President of the Republic, the members of the Government, the judges of the High Court and the members of the Constitutional Council (section 22).

The Committee recalls that the Convention prohibits any recourse to forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee also recalls that the protection afforded by the Convention is not restricted to activities that express or demonstrate differing opinions within the framework of established principles. Consequently, if certain activities aim to bring about fundamental changes in the institutions of the State, there is no reason for considering that they are not covered by the protection afforded by the Convention, as long as they do not involve the use of or incitement to violent methods as a means of achieving the ends sought.

The Committee requests the Government to supply information on the effect given in practice to the above provisions of Act No. 19/91, particularly with regard to sentences that have been imposed, and to supply copies of the appropriate judgements.

2. Article 1(c). The Committee referred to Act No. 5/82 of 9 June 1982 respecting the defence of the economy, the main purpose of which is to define and describe acts or omissions which conflict with the plan and are harmful to the economy. This Act prescribes penalties for behaviour that, directly or indirectly, jeopardizes economic development, prevents the carrying out of the plan or interferes with the material or spiritual welfare of the people. The Committee noted that:

(a) under section 10 of the above Act, a fine and imprisonment of up to 12 years may be imposed in the event of serious harm to the national economy on all who do not observe the procedures, orders or instructions governing the preparation or carrying out of the national state plan, territorial plans or plans for production units, with the intention of preventing the implementation of the established plans and standards;

(b) under section 12, any person who is directly responsible for disorganizing sectors of production or for the provision of services, or for the absence of management or auditing or for the disorganization of accounts with harmful consequences shall be sentenced to a fine and to imprisonment of up to two years;

(c) under section 13, imprisonment of up to two years is to be imposed on any person when harmful consequences result from his failure to observe the standards or instructions that must be observed in the performance of his duties to ensure that raw materials, manufactured products or other goods do not become deteriorated, vitiated, contaminated, unusable or lost;

(d) under section 14, any person who does not respect the obligations placed on him by his position or by the rules and instructions for technological discipline, or for the care and maintenance of machinery and equipment, may be sentenced to imprisonment for up to eight years where the infringement has harmful consequences.

The Committee also noted that under section 7, which defines negligence as including carelessness, lack of a sense of responsibility, lack of discipline and inexcusable ignorance, Act No. 5/82 also punishes unintentional acts resulting in an infringement of the standards of management and discipline. The above provisions seem to be applicable in a general way to any breach of the obligations or economic or technical standards in question.

The Committee notes that the Government has not provided any information on this matter.

The Committee once again requests the Government to take the necessary measures regarding the provisions of Act No. 5/82 to ensure compliance with Article 1(c) of the Convention, which provides that any form of forced or compulsory labour must be suppressed and not made use of (including compulsory labour imposed by judicial sentence) as a means of labour discipline.

The Committee requests the Government to indicate any progress achieved in this respect.

3. The Committee once again requests the Government to provide a copy of Decrees Nos. 58 and 59 of 1974 respecting prison labour and to indicate whether political prisoners are exempt from the obligation to work and, if so, to provide the texts which give statutory effect to this exemption.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Article 1(a) and (b) of the Convention. In previous comments, the Committee has referred to the Ministerial Directive of 15 June 1985 on the evacuation of towns, issued under the decisions of the Fourth Congress of the Frelimo Party, the aim of which is to combat hunger, underdevelopment and various forms of marginality and criminality. The Directive provides for the "unproductive" population to be moved from the towns to rural areas; "sorting posts" are responsible for checking persons suspected of being unemployed, vagrants, prostitutes or of belonging to other marginal groups (circular on the structure of "operation production"). Persons arrested and identified as "unproductive or anti-social" are sent to re-education centres or assigned to sectors of production (guide for mobilization brigades). Section 2 of the Directive provides for the use of "appropriate coercive means to oblige those who resist to observe the decisions of the Fourth Congress of the Frelimo Party". The Committee requested the Government to provide information on the measures adopted to ensure the observance of the Convention in this regard.

The Committee notes the Government's indication in its report that the re-education centres have been closed and that the persons sent to the centres have been freed.

The Committee requests the Government to take the necessary measures to repeal the Ministerial Directive of 15 June 1985, thereby bringing national legislation into conformity with the Convention. It also requests the Government to supply information on any progress achieved in this respect.

The Committee notes that under the terms of sections 15 and 22 of Act No. 19/91, prison sentences involving the obligation to work can be imposed for illegal activities aimed at changing the institutions of the State (section 15) and for the offences of defaming, slandering and insulting the President of the Republic, the members of the Government, the judges of the High Court and the members of the Constitutional Council (section 22).

The Committee recalls that the Convention prohibits any recourse to forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee also recalls that the protection afforded by the Convention is not restricted to activities that express or demonstrate differing opinions within the framework of established principles. Consequently, if certain activities aim to bring about fundamental changes in the institutions of the State, there is no reason for considering that they are not covered by the protection afforded by the Convention, as long as they do not involve the use of or incitement to violent methods as a means of achieving the ends sought.

The Committee requests the Government to supply information on the effect given in practice to the above provisions of Act No. 19/91, particularly with regard to sentences that have been imposed, and to supply copies of the appropriate judgements.

3. Article 1(c). The Committee referred to Act No. 5/82 of 9 June 1982 respecting the defence of the economy, the main purpose of which is to define and describe acts or omissions which conflict with the plan and are harmful to the economy. This Act prescribes penalties for behaviour that, directly or indirectly, jeopardizes economic development, prevents the carrying out of the plan or interferes with the material or spiritual welfare of the people. The Committee noted that:

(a) under section 10 of the above Act, a fine and imprisonment of up to 12 years may be imposed in the event of serious harm to the national economy on all who do not observe the procedures, orders or instructions governing the preparation or carrying out of the national state plan, territorial plans or plans for production units, with the intention of preventing the implementation of the established plans and standards;

(b) under section 12, any person who is directly responsible for disorganizing sectors of production or for the provision of services, or for the absence of management or auditing or for the disorganization of accounts with harmful consequences shall be sentenced to a fine and to imprisonment of up to two years;

(c) under section 13, imprisonment of up to two years is to be imposed on any person when harmful consequences result from his failure to observe the standards or instructions that must be observed in the performance of his duties to ensure that raw materials, manufactured products or other goods do not become deteriorated, vitiated, contaminated, unusable or lost;

(d) under section 14, any person who does not respect the obligations placed on him by his position or by the rules and instructions for technological discipline, or for the care and maintenance of machinery and equipment, may be sentenced to imprisonment for up to eight years where the infringement has harmful consequences.

The Committee also noted that under section 7, which defines negligence as including carelessness, lack of a sense of responsibility, lack of discipline and inexcusable ignorance, Act No. 5/82 also punishes unintentional acts resulting in an infringement of the standards of management and discipline. The above provisions seem to be applicable in a general way to any breach of the obligations or economic or technical standards in question.

The Committee notes that the Government has not provided any information on this matter.

The Committee once again requests the Government to take the necessary measures regarding the provisions of Act No. 5/82 to ensure compliance with Article 1(c) of the Convention, which provides that any form of forced or compulsory labour must be suppressed and not made use of (including compulsory labour imposed by judicial sentence) as a means of labour discipline.

The Committee requests the Government to indicate any progress achieved in this respect.

4. The Committee once again requests the Government to provide a copy of Decrees Nos. 58 and 59 of 1974 respecting prison labour and to indicate whether political prisoners are exempt from the obligation to work and, if so, to provide the texts which give statutory effect to this exemption.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that no report has been received form the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 1(a) and (b) of the Convention. In its previous direct request, the Committee referred to the Ministerial Directive of 15 June 1985 on the evacuation of towns, issued under the decisions of the Fourth Congress of the Frelimo Party, whose aim is to combat hunger, underdevelopment and various forms of marginality and criminality. The Directive provides for the "unproductive" population to be moved from the towns to rural areas; "sorting posts" are responsible for checking persons suspected of being unemployed, vagrance, prostitutes or of belonging to other marginal groups (circular on the structure of operation "production"). Persons arrested and identified as "unproductive or anti-social" are sent to re-education centres or assigned to sectors of production (guide for mobilization brigades). Section 2 of the Directive provides for the use of "appropriate coercive means to oblige those who resist to observe the decisions of the Fourth Congress of the Frelimo Party".

The Committee recalled that, under Article 1(a) and (b), States which have ratified the Convention undertake not to make use of forced or compulsory labour either as a means of political coercion or education or as a method of mobilising and using labour for purposes of economic development. The Committee had asked the Government to provide information on the measures taken or under consideration to ensure compliance with the Convention in this respect and to provide full information on the operation of the re-education and production centres, particularly on the categories and numbers of persons placed at the disposal of the Government in these centres, and on the nature and extent of the work which they are called upon to perform. The Committee noted that the Government's report contains no information on this point. It again requests the Government to take the necessary steps to ensure the observance of the Convention and to provide information on progress made in this regard.

2. In earlier comments, the Committee referred to Act No. 2/79 of 1 March 1979 and noted that under the provisions of this Act prison sentences involving compulsory labour may be imposed by virtue of sections 58 and 59 of the Penal Code, in circumstances falling within the scope of the Convention. (Section 1 stipulates that all acts that endanger, harm or disrupt the organization of the Frelimo Party, the State and its agencies, the political, economic and social stability of the nation and the programmes of the Frelimo Party are offences against the security of the State. Under sections 9 et seq. prison sentences of up to 30 years may be imposed on persons who establish, direct, organize, support or participate in associations whose activities are declared to be offences against the security of the State. Under sections 35 et seq., the use of verbal or written propaganda against the Frelimo Party, the State or the objectives defined in the Constitution may be punished by prison sentences of from two to eight years. Tendentious interpretation of the directives and laws of the Frelimo Party and the State, and instigation to and participation in the disruption of the public order may also be punished by prison sentences.)

The Committee once more recalls that the Convention prohibits the use of any form of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee also recalls that the protection provided for in the Convention is not restricted to activities that express or demonstrate differing opinions within the framework of established principles. Consequently, if certain activities aim to bring about fundamental changes in the institutions of the State, there is no reason for considering that they are not covered by the protection afforded by the Convention as long as they do not involve the use of or incitement to violent methods as a means to achieving the ends sought.

The Committee asks the Government to indicate the measures taken or envisaged to ensure that the persons protected by the Convention cannot be subjected to sanctions involving, under the above-mentioned provisions of Act No. 2/79, the obligation to work. Furthermore, the Committee asks the Government to provide information on the practical application of the above provisions of Act No. 2/79, particularly regarding the sentences handed down, and to supply a copy of the relevant judgments.

3. Article 1(c). The Committee referred to Act No. 5/82 of 9 June 1982 respecting the defence of the economy, whose main purpose is to define and describe acts or omissions which conflict with the plan and are harmful to the economy. This Act prescribes penalties for behaviour that, directly or indirectly, jeopardizes economic development, prevents the carrying out of the plan or interferes with the material or spiritual welfare of the people. The Committee noted that:

(a) under section 10 of the above-mentioned Act, a fine and imprisonment of up to 12 years may be imposed in the event of serious harm done to the national economy on all who do not observe the procedures, the orders or the instructions governing the preparation or carrying out of the national state plan, territorial plans or plans for production units, with the intention of preventing the implementation of the established plans and standards;

(b) under section 12, any person who is directly responsible for disorganising sectors of production or for the provision of services, or for the absence of management or auditing or for the disorganization of accounts with harmful consequences shall be sentenced to a fine and to imprisonment of up to two years;

(c) under section 13, imprisonment of up to two years is to be imposed on any person when harmful consequences result from his failure to observe the standards or instructions that must be observed in the performance of his duties to ensure that raw materials, manufactured products and other goods do not become deteriorated, vitiated, contaminated, unusable or lost;

(d) under section 14, any person who does not respect the obligations placed on him by his position or by the rules and instructions for technological discipline, or for the care and maintenance of machinery and equipment, may be sentenced to imprisonment of up to eight years where the infringement has harmful consequences.

The Committee also noted that under the provisions of section 7, which defines negligence as including carelessness, lack of a sense of responsibility, lack of discipline and inexcusable ignorance, Act No. 5/82 also punishes unintentional acts resulting in an infringement of the standards of management and discipline. The above-mentioned provisions seem to be applicable in a general way to any breach of the obligations or economic or technical standards in question.

The Committee noted that copies of judicial decisions made under the above-mentioned sections of Act No. 5/82, to which the Government had referred, were not included with the report.

The Committee again requests the Government to take the necessary measures regarding the provisions of Act No. 5/82 to ensure compliance with Article 1(c) of the Convention, which provides that any form of forced or compulsory labour must be suppressed and not made use of (including compulsory labour imposed by judicial sentence) as a means of labour discipline.

The Committee asks the Government to indicate any progress made in this respect.

4. The Committee has noted sections 157 et seq. of the Civil Code concerning the right of association.

5. The Committee again requests the Government to provide a copy of Decrees Nos. 58 and 59 of 1974 respecting prison labour and to indicate whether political prisoners are exempt from the obligation to work and, if so, to provide the texts which give statutory effect to this exemption.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with satisfaction that Act No. 2/79 respecting the security of the State, under which prison sentences involving compulsory labour could be imposed in the circumstances covered by Article 1(a) of the Convention, has been repealed by Act No. 19/91.

A request concerning certain provisions of Act No. 19/91 is being addressed directly to the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information contained in the Government's report and the promulgation of Acts Nos. 6/91 of 9 January 1991 establishing the rules to be observed during strikes; 7/91 of 23 January 1991 establishing the legal framework for the formation and activities of political parties; 8/91 of 18 July 1991 on the right of association; and 9/91 of 18 July 1991 on the freedom of assembly and opinion.

The Committee notes that the report contains no information on the following questions, which were raised in its previous direct request:

1. Article 1(a) and (b) of the Convention. In its previous direct request, the Committee referred to the Ministerial Directive of 15 June 1985 on the evacuation of towns, issued under the decisions of the Fourth Congress of the Frelimo Party, whose aim is to combat hunger, underdevelopment and various forms of marginality and criminality. The Directive provides for the "unproductive" population to be moved from the towns to rural areas; "sorting posts" are responsible for checking persons suspected of being unemployed, vagrance, prostitutes or of belonging to other marginal groups (circular on the structure of operation "production"). Persons arrested and identified as "unproductive or anti-social" are sent to re-education centres or assigned to sectors of production (guide for mobilisation brigades). Section 2 of the Directive provides for the use of "appropriate coercive means to oblige those who resist to observe the decisions of the Fourth Congress of the Frelimo Party".

The Committee recalled that, under Article 1(a) and (b), States which have ratified the Convention undertake not to make use of forced or compulsory labour either as a means of political coersion or education or as a method of mobilising and using labour for purposes of economic development. The Committee asked the Government to provide information on the measures taken or under consideration to ensure compliance with the Convention in this respect and to provide full information on the operation of the re-education and production centres, particularly on the categories and numbers of persons placed at the disposal of the Government in these centres, and on the nature and extent of the work which they are called upon to perform. The Committee notes that the Government's report contains no information on this point. It asks the Government to take the necessary steps to ensure the observance of the Convention and to provide information on progress made in this regard.

2. In earlier comments, the Committee referred to Act No. 2/79 of 1 March 1979 and noted that under the provisions of this Act prison sentences involving compulsory labour may be imposed by virtue of sections 58 and 59 of the Penal Code, in circumstances falling within the scope of the Convention. (Section 1 stipulates that all acts that endanger, harm or disrupt the organisation of the Frelimo Party, the State and its agencies, the political, economic and social stability of the nation and the programmes of the Frelimo Party are offences against the security of the State. Under sections 9 et seq prison sentences of up to 30 years may be imposed on persons who establish, direct, organise, support or participate in associations whose activities are declared to be offences against the security of the State. Under sections 35 et seq, the use of verbal or written propaganda against the Frelimo Party, the State or the objectives defined in the Constitution may be punished by prison sentences of from two to eight years. Tendentious interpretation of the directives and laws of the Frelimo Party and the State, and instigation to and participation in the disruption of the public order may also be punished by prison sentences.)

The Committee once more recalls that the Convention prohibits the use of any form of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee also recalls that the protection provided for in the Convention is not restricted to activities that express or demonstrate differing opinions within the framework of established principles. Consequently, if certain activities aim to bring about fundamental changes in the institutions of the State, there is no reason for considering that they are not covered by the protection afforded by the Convention as long as they do not involve the use of or incitement to violent methods as a means to achieving the ends sought.

The Committee asks the Government to indicate the measures taken or envisaged to ensure that the persons protected by the Convention cannot be subjected to sanctions involving, under the above-mentioned provisions of Act No. 2/79, the obligation to work. Furthermore, the Committee asks the Government to provide information on the practical application of the above provisions of Act No. 2/79, particularly regarding the sentences handed down, and to supply a copy of the relevant judgments.

3. Article 1(c). The Committee referred to Act No. 5/82 of 9 June 1982 respecting the defence of the economy, whose main purpose is to define and describe acts or omissions which conflict with the plan and are harmful to the economy. This Act prescribes penalties for behaviour that, directly or indirectly, jeopardises economic development, prevents the carrying out of the plan or interferes with the material or spiritual welfare of the people. The Committee noted that:

(a) under section 10 of the above-mentioned Act, a fine and imprisonment of up to 12 years may be imposed in the event of serious harm done to the national economy on all who do not observe the procedures, the orders or the instructions governing the preparation or carrying out of the national state plan, territorial plans or plans for production units, with the intention of preventing the implementation of the established plans and standards;

(b) under section 12, any person who is directly responsible for disorganising sectors of production or for the provision of services, or for the absence of management or auditing or for the disorganisation of accounts with harmful consequences shall be sentenced to a fine and to imprisonment of up to two years;

(c) under section 13, imprisonment of up to two years is to be imposed on any person when harmful consequences result from his failure to observe the standards or instructions that must be observed in the performance of his duties to ensure that raw materials, manufactured products and other goods do not become deteriorated, vitiated, contaminated, unusable or lost;

(d) under section 14, any person who does not respect the obligations placed on him by his position or by the rules and instructions for technological discipline, or for the care and maintenance of machinery and equipment, may be sentenced to imprisonment of up to eight years where the infringement has harmful consequences.

The Committee also noted that under the provisions of section 7, which defines negligence as including carelessness, lack of a sense of responsibility, lack of discipline and inexcusable ignorance, Act No. 5/82 also punishes unintentional acts resulting in an infringement of the standards of management and discipline. The above-mentioned provisions seem to be applicable in a general way to any breach of the obligations or economic or technical standards in question.

The Committee noted that copies of judicial decisions made under the above-mentioned sections of Act No. 5/82, to which the Government had referred, were not included with the report.

The Committee requests the Government to take the necessary measures regarding the provisions of Act No. 5/82 to ensure compliance with Article 1(c) of the Convention, which provides that any form of forced or compulsory labour must be suppressed and not made use of (including compulsory labour imposed by judicial sentence) as a means of labour discipline.

The Committee asks the Government to indicate any progress made in this respect.

4. The Committee takes note of sections 157 et seq of the Civil Code concerning the right of association.

5. The Committee again requests the Government to provide a copy of Decrees Nos. 58 and 59 of 1974 respecting prison labour and to indicate whether political prisoners are exempt from the obligation to work and, if so, to provide the texts which give statutory effect to this exemption.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Article 1(a) and (b) of the Convention. The Committee refers to the Ministerial Directive of 15 June 1985 on the evacuation of towns, issued under the Decisions of the Fourth Congress of the Frelimo Party, the text of which has been communicated by the Government.

The directive, whose aim is to combat hunger, underdevelopment and various forms of marginality and criminality, provides for the "unproductive" population to be moved from the towns to rural areas. "Sorting posts" are responsible for checking persons suspected of being unemployed, vagrants, prostitutes or of belonging to other marginal groups (circular on the structure of operation "production"). Persons arrested and identified as "unproductive or anti-social" are sent to re-education centres or assigned to sectors of production (Guide for mobilisation brigades). Section 2 of the Directive provides for the use of "appropriate coercive means to oblige those who resist to observe the decisions of the Fourth Congress of the Frelimo Party".

The Committee recalls that, under Article 1(a) and (b), States which have ratified the Convention undertake not to make use of forced or compulsory labour either as a means of political coercion or education or as a method of mobilising and using labour for purposes of economic development. The Committee asks the Government to provide information on the measures taken or under consideration to ensure compliance with the Convention in this respect and to provide full information on the operation of the re-education and production centres, particularly on the categories and numbers of persons placed at the disposal of the Government in these centres, and on the nature and extent of the work which they are called upon to perform.

2. The Committee notes the information provided by the Government on the current status of the legislation concerning freedom of expression, assembly and association.

The Committee notes that the following Legislative Decrees have not been formally repealed but that their application is confined to acts committed during the decolonisation period (7.12.1974-25.06.1975); Legislative Decree No. 8/74 of 28 October 1974, which lays down penalties for any person who fraudulently disseminates false or tendentious news that might disturb public order or tranquillity; Legislative Decree No. 11/74 of 2 November 1974, to adopt legislative measures to neutralise the activities of agitators and subversive elements that endeavour to oppose the process of decolonisation by any means, including violence; Legislative Decree No. 12/74 of 2 November 1974, which provides that a prisoner suspected of having committed offences against the decolonisation shall not benefit by section 315 of the Code of Criminal Procedure.

The Committee also notes that Legislative Decree No. 22.468 of 11 April 1933 governing the right to hold meetings is not applied, as it determined the attributions of authorities which no longer exist, and that the following decrees have been repealed and replaced as follows:

- Legislative Decree No. 40.550 of 12 March 1956, repealed in respect of security measures by Legislative Decree No. 450 of 14 November 1972;

- Legislative Decree No. 23.203 of 6 November 1933 respecting political offences and breaches of discipline of a political nature, repealed and replaced by Act No. 2 of 1 March 1979;

- Legislative Decree No. 39.660 of 20 May 1955 respecting the exercise of the right of association and Act No. 1.901 of 21 May 1935 respecting secret societies- repealed; the right of association is currently governed by sections 157 et seq. of the Civil Code;

- Legislative Decree No. 37.447 of 13 June 1949 respecting the prevention and repression of activities contrary to the security of the State - repealed; this matter is partly governed by Act No. 5 of 1979 respecting the people's police.

The Committee also notes that Decree No. 27.495 respecting the exercise of the freedom of the press is still in force, except for sections 64 and 55 on censorship which are held contrary to the principles of the Constitution.

The Committee asks the Government to provide copies of Legislative Decree No. 450 of 14 November 1972, Act No. 2 of 1 March 1979 and Act No. 5 of 1979 respecting the people's police, and the sections of the Civil Code (157 and following) which concern the right of association.

3. Article 1(c). The Committee previously referred to Act No. 5/82 of 9 June 1982 respecting the defence of the economy whose main purpose is to define and describe acts or omissions which conflict with the plan and are harmful to the economy. This Act prescribes penalties for behaviour that, directly or indirectly, jeopardises economic development, prevents the carrying out of the plan or interferes with the material or spiritual welfare of the people. The Committee notes that:

(a)under section 10 of the above-mentioned Act, a fine and imprisonment of up to 12 years may be imposed in the event of serious harm done to the national economy on all who do not observe the procedures, the orders or the instructions governing the preparation or carrying out of the national state plan, territorial plans or plans for production units, with the intention of preventing the implementation of the established plans and standards;

(b)under section 12, any person who is directly responsible for disorganising sectors of production or for the provision of services, or for the absence of management or auditing or for the disorganisation of accounts with harmful consequences shall be sentenced to a fine and to imprisonment of up to two years;

(c)under section 13, imprisonment of up to two years is to be imposed on any person when harmful consequences result from his failure to observe the standards or instructions that must be observed in the performance of his duties to ensure that raw materials, manufactured products and other goods do not become deteriorated, vitiated, contaminated, unusable or lost;

(d)under section 14, any person who does not respect the obligations placed on him by his position or by the rules and instructions for technological discipline or for the care and maintenance of machinery and equipment may be sentenced to imprisonment of up to eight years where his infringement has harmful consequences.

The Committee also has noted that, under the provisions of section 7, which defines negligence as including carelessness, lack of a sense of responsibility, lack of discipline and inexcusable ignorance, Act No. 5/82 also punishes unintentional acts resulting in an infringement of the standards of management and discipline. The above-mentioned provisions seem to be applicable in a general way to any breach of the obligations or economic or technical standards in question.

The Committee notes that copies of judicial decisions made under the above-mentioned sections of Act No. 5/82, to which the Government refers in its report, have not yet been made available, and it hopes that the Government will forward them shortly.

4. Prison labour. In its previous direct request, the Committee noted that the following texts remain in force: the Penal Code and the Code of Criminal Procedure, as supplemented in particular by Act No. 2/79, of 1 March 1979 which defines and establishes the penalties for offences against the safety of the people and the people's State of Mozambique, amended by Act No. 1/83 of 16 March 1983, and Act No. 3/79, which sets up a revolutionary military tribunal. The Committee noted that section 59 and section 70, subsection 2, of the Penal Code provide that persons sentenced to penalties of imprisonment and persons subjected to detention in labour establishments or agricultural settlements are compelled to perform labour.

The Committee asked the Government to indicate whether the following texts, which govern prison labour, were in force: Legislative Decree No. 26.643 of 28 May 1936, made applicable in the overseas provinces by Legislative Decree No. 39.997 of 29 December 1954; Decree No. 34.674 of the Ministry of Justice of 18 June 1945, made applicable in the overseas provinces by Resolution No. 18.872 of the Ministry of Overseas Affairs dated 11 December 1961.

The Committee notes from the Government's report that Legislative Decree No. 26.643 is still in force and is applied in so far as it is not contrary to the Constitution. The Committee also notes the Government's indication that Decree No. 34.674 has not been explicitly repealed but that it is no longer applied, as prison labour is now regulated by Decrees Nos. 58 and 59 of 1974. The Committee asks the Government to provide copies of Decrees Nos. 58 and 59 of 1974 respecting prison labour and to indicate whether political prisoners are exempt from the obligation to work and, if so, to provide the texts which give statutory effect to this exemption. [The Government is asked to report in detail for the period ending 30 June 1990.]