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Abolition of Forced Labour Convention, 1957 (No. 105) - Mauritania (Ratification: 1997)

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

Article 1(a) of the Convention. Imposition of a sentence of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes the following new provisions, which may fall under the scope of application of the Convention:
  • -Section 21 of Act No. 2016-007 of 20 January 2016 concerning cybercrime, which provides for imprisonment of one to four years for any person who deliberately creates, records, makes available, transmits or diffuses through a computer system, a text message, image, sound or any other form of audio or visual representation that undermines Islamic values.
  • -Sections 10 and 13 of the Act of 18 January 2018 concerning the criminalization of discrimination. Section 10 stipulates that anyone who encourages incitement to hatred against the official doctrine of the Islamic Republic of Mauritania shall be punished by imprisonment of one to five years. Section 13 provides for imprisonment (except for journalists who are only subject to a fine) for anyone who publishes, diffuses, supports or communicates terms which may reveal an intent to hurt morally, or promote or incite hatred.
The Committee requests the Government to indicate the manner in which the above provisions of the 2016 Act concerning cybercrime and the 2018 Act concerning the criminalization of discrimination are applied in practice, including by indicating the number of convictions handed down under these provisions, the acts that led to the convictions and the types of penalties imposed.

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2019.
Article 1(a) of the Convention. Imposition of sentences of imprisonment involving compulsory labour as 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 Decree No. 70-153 of 23 May 1970 establishing the prison regulations, persons sentenced to imprisonment were under an obligation to work, and that the exception established for persons convicted of political offences did not apply to the offences referred to by the Government. The Committee requested the Government to provide information on the application in practice of certain provisions of the Criminal Code, the Ordinance of 1991 concerning political parties, the Act of 1973 concerning public meetings and the Ordinance of 2006 concerning freedom of the press, under which certain activities may fall under freedom of expression of political or ideological views which may be punishable by prison sentences, including the obligation to work. The provisions in question are:
  • -Sections 101, 102 and 104 of the Criminal Code, which provide for prison sentences for armed or unarmed gatherings, the refusal by an unarmed person to leave an armed or unarmed gathering after one warning, and direct provocation to an unarmed gathering, either by speeches made in public or by the posting or distribution of written or printed matter.
  • -Section 27 of Ordinance No. 91-024 of 25 July 1991 concerning political parties, which provides for imprisonment ranging from six months to three years for any person who founds, manages or administers a political party in breach of the provisions of the Ordinance.
  • -Section 8 of Act No. 64-098 of 9 June 1964 concerning associations, which provides for imprisonment of one to three years for any person who takes up or continues to hold responsibility for the administration of an association without authorization.
  • -Section 9 of Act No. 73-008 of 23 January 1973 concerning public meetings, which provides for imprisonment ranging from two to six months for any breach of the Act.
  • -Ordinance No. 2006-17 of 12 July 2006 concerning freedom of the press, which provides for imprisonment for offences involving the distribution, sale, exhibition and possession of pamphlets and flyers liable to be harmful to the general interest and public order (section 30); the publication of false information (section 36); defamation of private individuals (section 40); and insults (section 41).
The Government indicates in its report that Mauritania is a country that does not prohibit the organization of public meetings or even the constitution of an association or political formation, as long as the prescribed procedures are followed. The Government adds that there are currently more than 4,000 associations. It specifies, with regard to public meetings, that the requirement to report any demonstration in advance is justified for security reasons and to prevent situations from spiralling out of control. It also states that the press is free, provided that journalists respect the ethical standards of their profession, and specifies that any victim of defamation may initiate legal proceedings.
The Committee welcomes the adoption of Act No. 2011-054 of 24 November 2011 amending certain provisions of Ordinance No. 2006-17 of 12 July 2006 on freedom of the press, which withdraws the penalty of imprisonment for the publication of false news (article 36), and for defamation against individuals (article 40) and insults (article 41), except when defamation or insults are committed on grounds of belonging or non-belonging to an ethnic group, nation, race, region or religion.
Regarding Act No. 64-098 of 9 June 1964 concerning associations, the Government indicates, in its report of July 2019 to the United Nations Committee on the Elimination of Racial Discrimination, that the Government has developed a bill, in consultation with civil society, to repeal and replace Act No 64.098, which is in the process of being adopted (CERD/C/MRT/CO/8-14/Add.1, paragraph 27). The Committee also notes that, in their concluding observations, the United Nations Human Rights Committee and Committee on the Elimination of Racial Discrimination expressed concern that non-governmental organizations and associations for the defence of human rights are required to obtain prior authorization and that some face administrative obstacles in doing so (CCPR/C/MRT/CO/2, paragraph 46 and CERD/C/MRT/CO/8-14, paragraph 29). They also expressed concern about reports of the detention of certain members of associations and organizations for the defence of human rights (paragraph 42 and paragraph 29, respectively).
The Committee notes ITUC’s observations under the Forced Labour Convention, 1930 (No. 29), that restrictions on freedom of expression and association persist, including the arrest and imprisonment of human rights defence groups, in particular anti-slavery activists.
The Committee recalls that Article 1(a) prohibits the punishment of persons who, without resorting to violence, hold or express certain political views or views ideologically opposed to the established political, social or economic system through the imposition of labour, including compulsory prison labour. It underscores that the range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, and freedom from arbitrary arrest (see the 2012 General Survey on the fundamental Conventions, paragraph 302). The Committee therefore requests the Government to ensure that no penalty involving compulsory labour is imposed, in law or in practice, against persons who peacefully express views ideologically opposed to the established political, social or economic system. In this regard, the Committee requests the Government to amend the above sections of the Criminal Code, the Ordinance of 1991 concerning political parties, the Act of 1964 concerning associations and the Act of 1973 concerning public meetings by clearly restricting the scope of these provisions to the situations connected with the use of violence or incitement to violence, or by suppressing sanctions involving the obligation to work. In the meantime, the Committee requests the Government to provide information on the application in practice of these sections. It also requests the Government to indicate whether the convictions involving prison sentences have already been handed down under the above provisions of the Ordinance of 2006 concerning freedom of the press.

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

The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM) received on 31 August 2018 and requests the Government to provide its comments in this respect.
The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.
Article 1(a) of the Convention. Imposition of a sentence of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee asked the Government to supply information on the manner in which the national courts interpret and make use of certain provisions of the national legislation under which prison sentences can be imposed for activities relating to the freedom to express political or ideological views. It recalled that persons sentenced to imprisonment are under the obligation to work (sections 23 and 117 in conjunction with section 9 of Decree No. 70-153 of 23 May 1970 establishing the prison regulations) and that the exception established for persons convicted of political offences does not apply to the offences referred to below:
  • – Penal Code: section 101 (prohibition of unarmed gatherings on public thoroughfares or in other public places which might breach the peace); section 102 (refusal by an unarmed person to leave an armed or unarmed gathering after one warning); section 104 (direct provocation to an unarmed gathering either by speeches made in public or by the posting or distribution of written or printed matter);
  • – Ordinance No. 91-024 of 25 July 1991 concerning political parties: section 27 (imprisonment ranging from six months to three years for any person who founds, manages or administers a political party in breach of the provisions of the Ordinance);
  • – Act No. 64-098 of 9 June 1964 concerning associations: section 8 (imprisonment ranging from one to three years for any person who takes up or continues to hold responsibility for the administration of an association without authorization);
  • – Act No. 73-008 of 23 January 1973 concerning public meetings: section 9 (imprisonment ranging from two to six months for any breach of the Act);
  • – Ordinance No. 2006-17 of 12 July 2006 concerning freedom of the press: imprisonment for offences involving: the distribution, sale, exhibition and possession of pamphlets and flyers liable to be harmful to the general interest and public order (section 30); the publication of false information (section 36); defamation of private individuals (section 40); and insults (section 41).
The Committee notes the Government’s indication in its report that the penalties established by these provisions do not obstruct freedom of expression and have nothing to do with it; they are concerned with safeguarding public order, which must not be disrupted by illegal activities. The Government adds that there have been no court decisions convicting persons for freely expressing their views concerning the political, social, economic or ideological system. The Committee recalls that Article 1(a) of the Convention protects persons who, without recourse or incitement to violence, have expressed certain political views or views ideologically opposed to the established political, social or economic system by prohibiting their punishment through penalties that would require them to work, particularly prison sentences involving compulsory labour. Freedom of expression takes the form of the exercise of various rights, such as the right of association, the right of assembly and freedom of the press. While recognizing that these rights may undergo certain restrictions that are necessary in the interests of public order to protect society, such restrictions must be strictly defined by law. The Committee notes that the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association expressed his concern, in the press release of 10 August 2015, at the bill concerning associations which was being discussed in Parliament. He referred in particular to the prior authorization procedure and the “strict punishments for vaguely worded provisions” that run the risk of hindering the work of civil society in Mauritania.
The Committee requests the Government to provide information on any court decision handed down on the basis of the abovementioned provisions of the Penal Code, the Ordinance of 1991 concerning political parties, the Act of 1973 concerning public meetings and the Ordinance of 2006 concerning freedom of the press, so that it can examine the manner in which the national courts interpret and make use of these provisions, and can then evaluate their scope in the light of the protection afforded by Article 1(a) of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(a) of the Convention. Imposition of a sentence of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee asked the Government to supply information on the manner in which the national courts interpret and make use of certain provisions of the national legislation under which prison sentences can be imposed for activities relating to the freedom to express political or ideological views. It recalled that persons sentenced to imprisonment are under the obligation to work (sections 23 and 117 in conjunction with section 9 of Decree No. 70-153 of 23 May 1970 establishing the prison regulations) and that the exception established for persons convicted of political offences does not apply to the offences referred to below:
  • -Penal Code: section 101 (prohibition of unarmed gatherings on public thoroughfares or in other public places which might breach the peace); section 102 (refusal by an unarmed person to leave an armed or unarmed gathering after one warning); section 104 (direct provocation to an unarmed gathering either by speeches made in public or by the posting or distribution of written or printed matter);
  • -Ordinance No. 91-024 of 25 July 1991 concerning political parties: section 27 (imprisonment ranging from six months to three years for any person who founds, manages or administers a political party in breach of the provisions of the Ordinance);
  • -Act No. 64-098 of 9 June 1964 concerning associations: section 8 (imprisonment ranging from one to three years for any person who takes up or continues to hold responsibility for the administration of an association without authorization);
  • -Act No. 73-008 of 23 January 1973 concerning public meetings: section 9 (imprisonment ranging from two to six months for any breach of the Act);
  • -Ordinance No. 2006-17 of 12 July 2006 concerning freedom of the press: imprisonment for offences involving: the distribution, sale, exhibition and possession of pamphlets and flyers liable to be harmful to the general interest and public order (section 30); the publication of false information (section 36); defamation of private individuals (section 40); and insults (section 41).
The Committee notes the Government’s indication in its report that the penalties established by these provisions do not obstruct freedom of expression and have nothing to do with it; they are concerned with safeguarding public order, which must not be disrupted by illegal activities. The Government adds that there have been no court decisions convicting persons for freely expressing their views concerning the political, social, economic or ideological system. The Committee recalls that Article 1(a) of the Convention protects persons who, without recourse or incitement to violence, have expressed certain political views or views ideologically opposed to the established political, social or economic system by prohibiting their punishment through penalties that would require them to work, particularly prison sentences involving compulsory labour. Freedom of expression takes the form of the exercise of various rights, such as the right of association, the right of assembly and freedom of the press. While recognizing that these rights may undergo certain restrictions that are necessary in the interests of public order to protect society, such restrictions must be strictly defined by law. The Committee notes that the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association expressed his concern, in the press release of 10 August 2015, at the bill concerning associations which was being discussed in Parliament. He referred in particular to the prior authorization procedure and the “strict punishments for vaguely worded provisions” that run the risk of hindering the work of civil society in Mauritania.
The Committee requests the Government to provide information on any court decision handed down on the basis of the abovementioned provisions of the Penal Code, the Ordinance of 1991 concerning political parties, the Act of 1973 concerning public meetings and the Ordinance of 2006 concerning freedom of the press, so that it can examine the manner in which the national courts interpret and make use of these provisions, and can then evaluate their scope in the light of the protection afforded by Article 1(a) of the Convention.

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that persons convicted to a prison sentence are under the obligation to work, except for those convicted for a sentence of a political nature (sections 23 and 117 in conjunction with section 9 of Decree No. 70-153 of 23 May 1970 establishing the prison rules). The Government indicated in this respect that political offences are those relating to a breach of state security, namely any takeover or attempt to takeover power or to overthrow institutions in a manner contrary to the Constitution. It added that the offences referred to by the Committee in its previous comments were not political offences. In light of the indications provided by the Government on the detainees who are required to work, the Committee requested it to provide information on the application in practice of a number of the provisions of the national legislation under which prison sentences could be imposed for activities relating to the freedom to express political or ideological views, namely:
  • -Penal Code: section 101 (prohibition of unarmed gatherings on public thoroughfares or in other public places which might breach the peace); section 102 (refusal by an unarmed person to leave an armed or unarmed gathering after one warning); section 104 (direct provocation to an unarmed gathering either by speeches made in public or by the posting or distribution of written or printed matter);
  • -Ordinance No. 91-024 of 25 July 1991 on political parties: section 27 (imprisonment for a term ranging from six months to three years for founding, managing or administering a political party in breach of the provisions of the Ordinance);
  • -Act No. 64-098 of 9 June 1964 on associations: section 8 (imprisonment for a term ranging from one to three years for anyone who takes up or continues to hold responsibility for the administration of an association without authorization);
  • -Act on public meetings: section 9 (imprisonment for a term ranging from two to six months for any breach of the Act);
  • -Ordinance No. 91-023 of 27 July 191 on freedom of the press: sections 11, 17, 18, 24–28 (now repealed by Ordinance No. 2006-17 of 12 July 2006, see below).
The Committee notes that the Government has not provided information in its last report on any court rulings based on the above provisions of the national legislation. It nevertheless indicates that, for reasons of security and the protection of property and persons, demonstrators have to seek prior authorization from the competent authorities. No one can be convicted in Mauritania for having participated in an authorized demonstration. The Government adds that the press is free and publishes regularly. However, in the case of defamation, victims are entitled to go to the courts to defend their honour. To avoid this type of situation, a school of journalism has been established, as well as a High Press and Audio-Visual Authority.
The Committee recalls that the Convention protects persons who have expressed certain political views or views ideologically opposed to the established political, social or economic system by prohibiting their punishment by sanctions that would require them to work, and particularly prison sentences involving compulsory labour. While noting the information provided by the Government on the exercise of certain public freedoms, the Committee requests the Government to provide information on the manner in which the national courts interpret and make use of the above provisions of the national legislation, so that it can assess their scope and ensure that no prison sentence is imposed under these provisions on persons who, without having recourse to violence, express their political views or views opposed to the established political, social or economic system. It would therefore be grateful if the Government would provide copies of any court rulings issued under these provisions or, in the event that it is impossible to obtain copies of such rulings, if it would provide information on the acts for which such persons were convicted under these provisions.
With regard to the legislation on the freedom of the press, the Committee observes, from the information available on the website of the National Human Rights Commission (CNDH), that the Ordinance on the freedom of the press of 1991 was repealed by Ordinance No. 2006-17 of 12 July 2006. The Committee observes that the adoption of the 2006 Ordinance constitutes a step forward in so far as it abolishes prison sentences for the offence of offending the President of the Republic or foreign Heads of State, and for defamation of the courts, tribunals, armed and security forces and other institutions of the public authority. However, prison sentences are still envisaged for the offences of the distribution, sale, exhibition and possession of pamphlets and flyers liable to be harmful to the general interest and public order (section 30); the publication of false information (section 36); defamation of private individuals (section 40); and insults (section 41). The Committee further notes that, according to the website of the CNDH, the Council of Ministers adopted a Bill in June 2011 to amend certain provisions of the Ordinance on the freedom of the press of 2006. According to the CNDH, the Bill introduces substantial reductions in the obstacles to the freedom of the press by abolishing the prison sentences envisaged, among others, for insults and defamation. The Committee hopes that the Government will take all the necessary measures to ensure the adoption in the very near future of the Bill to amend the Ordinance of 2006 on the freedom of the press, so as to continue the depenalization of press-related offences, thereby guaranteeing that persons who express political views or views ideologically opposed to the established political, social or economic system cannot be convicted to prison sentences.

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

Article 1, subparagraph a, of the Convention. Imposition of prison sentences involving compulsory labour as a punishment for expressing political views or views opposed to the established political, social or economic system. 1. In its previous comments, the Committee noted that although section 23 of Decree No. 70-153 of 23 May 1970 establishing the prison rules lays down an obligation to work for prisoners sentenced under the ordinary law, persons serving political sentences are not required to work (section 117 read in conjunction with section 9). In its latest report, the Government states that political offences are offences relating to a breach of state security, namely any takeover or attempt to take over power or to overthrow institutions in a manner contrary to the Constitution. The Government also states that the offences referred to by the Committee in its previous direct request which are punishable by imprisonment are not political offences. These are:

–           Penal Code: section 101 (prohibiting unarmed gatherings on public thoroughfares or in other public places which might breach the peace); section 102 (imprisonment for a term ranging from two months to one year for any unarmed person who, having joined an armed or unarmed gathering, fails to leave it after one warning); section 104 (imprisonment for a term ranging from one month to one year for direct provocation to an unarmed gathering either by speeches made in public or by the posting or distribution of written or printed matter);

–           Ordinance No. 91-024 of 25 July 1991 on political parties, section 27 (imprisonment for a term ranging from six months to three years for funding, managing or administering a political party in breach of the provisions of this Ordinance);

–           Act No. 64-098 of 9 June 1964 on associations, section 8 (imprisonment for a term ranging from one to three years for anyone who takes up or continues to hold responsibility for the administration of an association without authorization);

–           Public Meetings Act: section 9 (imprisonment for a term ranging from two months to six months for any breach of the Act);

–           Ordinance No. 91-023 of 27 July 1991 on freedom of the press: sections 11, 17, 18, 24 to 28 in particular (circulation, dissolution or sale of newspapers or other written matter of foreign inspiration or origin or of such a nature as to offend against the principles of Islam or the credibility of the State, harm the general interest or jeopardize public order and safety; the distribution, sale, display or holding for the purpose of propaganda such tracts, bulletins and leaflets as may harm the national interest; libel and slander; insults).

The Committee takes note of this information. It reminds the Government that the Convention protects persons who have expressed certain political views or views ideologically opposed to the established political, social or economic system by prohibiting their punishment by sanctions that would require them to work, in this case penalties of imprisonment involving compulsory labour. Thus, activities that consist in expressing political or ideological opinions freely, whether orally or in the press or other media, or in exercising other rights such as the right of association and the right of assembly through which citizens seek to secure the dissemination and acceptance of their views and the adoption of policies and laws that reflect them, are activities which must be immune to punishment involving compulsory labour when they are carried out without violence. Insofar as the Government states that the abovementioned offences are not political offences so the offenders may be sentenced to imprisonment and hence required to work, the Committee requests the Government to provide information on the manner in which the courts use these provisions. The Committee needs to satisfy itself that no penalties of imprisonment involving compulsory labour are imposed under these provisions on persons who, without resorting to violence, express political views or views opposed to the established political, social or economic system. In order to do so, it needs to assess the scope of the abovementioned provisions and accordingly asks the Government to provide copies of any court decisions involving them.

2. The Committee notes the Government’s statement that no text has been adopted to regulate the emergency powers conferred on the President of the Republic in a state of siege or of emergency. It requests the Government to send with its future reports any text adopted for this purpose.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. 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) of the Convention. Punishment of political offences. The Committee notes that under section 23 of Decree No. 70-153 of 23 May 1970 establishing the prison rules, persons serving a custodial sentence for acts constituting crimes or misdemeanours under ordinary law are exempted from the requirement to work only on grounds of age or infirmity or for medically certified health reasons. Section 117, however, establishes that persons serving political sentences are to be treated in the same way as convicts. Since, under section 9 of the Decree, work is not exacted from convicts, persons serving political sentences should not be required to work either. The Committee requests the Government to provide information on the offences for which political sentences may be imposed and on the method for determining in practice whether an offence is political.

The Committee recalls in this connection that persons who hold or express political views or views ideologically opposed to the established political, social or economic order and who are sentenced on that account to imprisonment involving compulsory labour are protected by the Convention. Freedom of expression of political or ideological views which is exercised orally or in the press or other media, and the exercise of other rights such as the right of association and the right of assembly through which citizens seek to secure the dissemination and acceptance of their views and the adoption of policies and laws reflecting them, constitute activities which must be protected from punishment involving compulsory labour when they are carried out without violence. In view of the foregoing, the Committee would be grateful if the Government would indicate whether breaches of the legislative provisions set out below constitute political offences:

–      Penal Code: section 101 (prohibiting unarmed gatherings on public thoroughfares or in other public places which might breach the peace); section 102 (imprisonment for a term ranging from two months to one year for anyone who, having joined an armed or unarmed gathering, fails to leave it after one warning); section 104 (imprisonment for a term ranging from one month to one year for direct provocation to an unarmed gathering either by speeches made in public or by the posting or distribution of written or printed matter);

–      Order No. 91-024 of 25 July 1991 on political parties: section 27 (imprisonment for a term ranging from six months to three years for funding, managing or administering a political party in breach of the provisions of this Order);

–      Act No. 64-098 of 9 June 1964 on associations: section 8 (imprisonment for a term ranging from one to three years for anyone who takes up or continues to hold responsibility for the administration of an association without authorization);

–      Public Meetings Act: section 9 (imprisonment for a term ranging from two months to six months for any breach of the Act);

–      Order No. 91-023 of 27 July 1991 on freedom of the press: sections 11, 17, 18, 24 to 28 in particular (circulation, dissolution or sale of newspapers or other written matter of foreign inspiration or origin or of such a nature as to offend against the principles of Islam or the credit of the State, harm the general interest or jeopardize public order and safety; the distribution, sale, display or holding for the purpose of propaganda such tracts, bulletins and leaflets as may harm the national interest; defamation; insults).

2. Legislation concerning emergency situations. The Committee notes that according to article 71 of the Constitution of 1991, the President of the Republic may declare a state of siege and a state of emergency for a period of 30 days, the exceptional powers conferred on the President during such periods being established by law. The Committee would be grateful if the Government would provide copies of any texts adopted to this end.

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

The Committee notes that the Government’s report has not been received. 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) of the Convention. The Committee notes that under section 23 of Decree No. 70-153 of 23 May 1970 establishing the prison rules, persons serving a custodial sentence for acts constituting crimes or misdemeanours under ordinary law are exempted from the requirement to work only on grounds of age or infirmity or for medically certified health reasons. Section 117, however, establishes that persons serving political sentences are to be treated in the same way as convicts. Since, under section 9 of the Decree, work is not exacted from convicts, persons serving political sentences should not be required to work either. The Committee requests the Government to provide information on the offences for which political sentences may be imposed and on the method for determining in practice whether an offence is political.

The Committee recalls in this connection that persons who hold or express political views or views ideologically opposed to the established political, social or economic order and who are sentenced on that account to imprisonment involving compulsory labour are protected by the Convention. Freedom of expression of political or ideological views which is exercised orally or in the press or other media, and the exercise of other rights such as the right of association and the right of assembly through which citizens seek to secure the dissemination and acceptance of their views and the adoption of policies and laws reflecting them, constitute activities which must be protected from punishment involving compulsory labour when they are carried out without violence. In view of the foregoing, the Committee would be grateful if the Government would indicate whether breaches of the legislative provisions set out below constitute political offences:

–      Penal Code: section 101 (prohibiting unarmed gatherings on public thoroughfares or in other public places which might breach the peace); section 102 (imprisonment for a term ranging from two months to one year for anyone who, having joined an armed or unarmed gathering, fails to leave it after one warning); section 104 (imprisonment for a term ranging from one month to one year for direct provocation to an unarmed gathering either by speeches made in public or by the posting or distribution of written or printed matter);

–      Order No. 91-024 of 25 July 1991 on political parties: section 27 (imprisonment for a term ranging from six months to three years for funding, managing or administering a political party in breach of the provisions of this Order);

–      Act No. 64-098 of 9 June 1964 on associations: section 8 (imprisonment for a term ranging from one to three years for anyone who takes up or continues to hold responsibility for the administration of an association without authorization);

–      Public Meetings Act: section 9 (imprisonment for a term ranging from two months to six months for any breach of the Act);

–      Order No. 91-023 of 27 July 1991 on freedom of the press: sections 11, 17, 18, 24 to 28 in particular (circulation, dissolution or sale of newspapers or other written matter of foreign inspiration or origin or of such a nature as to offend against the principles of Islam or the credit of the State, harm the general interest or jeopardize public order and safety; the distribution, sale, display or holding for the purpose of propaganda such tracts, bulletins and leaflets as may harm the national interest; defamation; insults).

2. The Committee notes that according to article 71 of the Constitution of 1991, the President of the Republic may declare a state of siege and a state of emergency for a period of 30 days, the exceptional powers conferred on the President during such periods being established by law. The Committee would be grateful if the Government would provide copies of any texts adopted to this end.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 following matters raised in its previous direct request.

1. Article 1(a) of the Convention. The Committee notes that under section 23 of Decree No. 70-153 of 23 May 1970 establishing the prison rules, persons serving a custodial sentence for acts constituting crimes or misdemeanours under ordinary law are exempted from the requirement to work only on grounds of age or infirmity or for medically certified health reasons. Section 117, however, establishes that persons serving political sentences are to be treated in the same way as convicts. Since, under section 9 of the Decree, work is not exacted from convicts, persons serving political sentences should not be required to work either. The Committee requests the Government to provide information on the offences for which political sentences may be imposed and on the method for determining in practice whether an offence is political.

The Committee recalls in this connection that persons who hold or express political views or views ideologically opposed to the established political, social or economic order and who are sentenced on that account to imprisonment involving compulsory labour are protected by the Convention. Freedom of expression of political or ideological views which is exercised orally or in the press or other media, and the exercise of other rights such as the right of association and the right of assembly through which citizens seek to secure the dissemination and acceptance of their views and the adoption of policies and laws reflecting them, constitute activities which must be protected from punishment involving compulsory labour when they are carried out without violence. In view of the foregoing, the Committee would be grateful if the Government would indicate whether breaches of the legislative provisions set out below constitute political offences:

-  Penal Code: section 101 (prohibiting unarmed gatherings on public thoroughfares or in other public places which might breach the peace); section 102 (imprisonment for a term ranging from two months to one year for anyone who, having joined an armed or unarmed gathering, fails to leave it after one warning); section 104 (imprisonment for a term ranging from one month to one year for direct provocation to an unarmed gathering either by speeches made in public or by the posting or distribution of written or printed matter);

-  Order No. 91-024 of 25 July 1991 on political parties: section 27 (imprisonment for a term ranging from six months to three years for funding, managing or administering a political party in breach of the provisions of this Order);

-  Act No. 64-098 of 9 June 1964 on associations: section 8 (imprisonment for a term ranging from one to three years for anyone who takes up or continues to hold responsibility for the administration of an association without authorization);

-  Public Meetings Act: section 9 (imprisonment for a term ranging from two months to six months for any breach of the Act);

-  Order No. 91-023 of 27 July 1991 on freedom of the press: sections 11, 17, 18, 24 to 28 in particular (circulation, dissolution or sale of newspapers or other written matter of foreign inspiration or origin or of such a nature as to offend against the principles of Islam or the credit of the State, harm the general interest or jeopardize public order and safety; the distribution, sale, display or holding for the purpose of propaganda such tracts, bulletins and leaflets as may harm the national interest; defamation; insults).

2. The Committee notes that according to article 71 of the Constitution of 1991, the President of the Republic may declare a state of siege and a state of emergency for a period of 30 days, the exceptional powers conferred on the President during such periods being established by law. The Committee would be grateful if the Government would provide copies of any texts adopted to this end.

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

The Committee notes the reports sent by the Government and would appreciate additional information on the following points.

Article 1(a) of the Convention. 1. The Committee notes that under section 23 of Decree No. 70-153 of 23 May 1970 establishing the prison rules, persons serving a custodial sentence for acts constituting crimes or misdemeanours under ordinary law are exempted from the requirement to work only on grounds of age or infirmity or for medically certified health reasons. Section 117, however, establishes that persons serving political sentences are to be treated in the same way as convicts. Since, under section 9 of the Decree, work is not exacted from convicts, persons serving political sentences should not be required to work either. The Committee requests the Government to provide information on the offences for which political sentences may be imposed and on the method for determining in practice whether an offence is political.

The Committee recalls in this connection that persons who hold or express political views or views ideologically opposed to the established political, social or economic order and who are sentenced on that account to imprisonment involving compulsory labour are protected by the Convention. Freedom of expression of political or ideological views which is exercised orally or in the press or other media, and the exercise of other rights such as the right of association and the right of assembly through which citizens seek to secure the dissemination and acceptance of their views and the adoption of policies and laws reflecting them, constitute activities which must be protected from punishment involving compulsory labour when they are carried out without violence. In view of the foregoing, the Committee would be grateful if the Government would indicate whether breaches of the legislative provisions set out below constitute political offences:

-           Penal Code: section 101 (prohibiting unarmed gatherings on public thoroughfares or in other public places which might breach the peace); section 102 (imprisonment for a term ranging from two months to one year for anyone who, having joined an armed or unarmed gathering, fails to leave it after one warning); section 104 (imprisonment for a term ranging from one month to one year for direct provocation to an unarmed gathering either by speeches made in public or by the posting or distribution of written or printed matter);

-           Order No. 91-024 of 25 July 1991 on political parties: section 27 (imprisonment for a term ranging from six months to three years for funding, managing or administering a political party in breach of the provisions of this Order);

-           Act No. 64-098 of 9 June 1964 on associations: section 8 (imprisonment for a term ranging from one to three years for anyone who takes up or continues to hold responsibility for the administration of an association without authorization);

-           Public Meetings Act: section 9 (imprisonment for a term ranging from two months to six months for any breach of the Act);

-           Order No. 91-023 of 27 July 1991 on freedom of the press: sections 11, 17, 18, 24 to 28 in particular (circulation, dissolution or sale of newspapers or other written matter of foreign inspiration or origin or of such a nature as to offend against the principles of Islam or the credit of the State, harm the general interest or jeopardize public order and safety; the distribution, sale, display or holding for the purpose of propaganda such tracts, bulletins and leaflets as may harm the national interest; defamation; insults).

2. The Committee notes that according to article 71 of the Constitution of 1991, the President of the Republic may declare a state of siege and a state of emergency for a period of 30 days, the exceptional powers conferred on the President during such periods being established by law. The Committee would be grateful if the Government would provide copies of any texts adopted to this end.

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