Repetition

Article 1(d) of the Convention. Imprisonment involving an obligation to work imposed as a punishment for participation in strikes. The Committee previously referred to section 326 of the Labour Code, which allows a fine and/or penal servitude of up to six months to be imposed on anyone offending against section 315, which sets forth the conditions for exercising the right to stop work on a collective basis in the event of a labour dispute. In this regard, the Committee recalled that the Convention expressly prohibits the imposition of compulsory labour, including compulsory prison labour, as a punishment for participation in strikes. The Committee noted the Government’s indication in its report on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that it agreed to the principle of amending section 326 of the Labour Code, which would be done when the Code is next revised, and that the new provision would specify that the penalties imposed on strikers shall be proportionate to the offence committed and no penalty of imprisonment shall be imposed unless a criminal or violent act has been committed.

The Committee notes that there is no information on this matter in the Government’s report. The Committee expresses the hope once again that the Government will take the necessary steps to amend section 326 of the Labour Code as indicated above in order to align it with Article 1(d) of the Convention.

Repetition

Article 1(a) of the Convention. Prison sentences involving an obligation to work imposed as a penalty for the expression of political views. Since 2005, the Committee has been drawing the Government’s attention to certain provisions of the Penal Code and other legal provisions regulating freedom of expression under which criminal penalties (penal servitude) entailing compulsory labour (section 8 of the Penal Code) may be imposed in the situations covered by Article 1(a) of the Convention, namely:

– Penal Code, sections 74–76: injurious allegations and insults; sections 136–137: contempt towards members of the National Assembly, the Government and depositaries of the public authority or law enforcement officers; section 199bis and ter: dissemination of false rumours liable to alarm the population; section 209: dissemination of tracts, bulletins or leaflets of foreign origin or inspiration liable to harm national interests; section 211(3): display in public places of drawings, posters, engravings, paintings, photographs and all objects or images liable to cause a breach of the peace.

– Sections 73–76 of Act No. 96-002 of 22 June 1996 establishing arrangements for the exercise of freedom of the press, which refer to the Penal Code for the definition and punishment of press-related offences.

– Legislative Ordinance No. 25-557 of 6 November 1959 on penalties to be applied for infringements of general measures.

– Legislative Ordinances Nos 300 and 301 of 16 December 1963 on the punishment of offences against the head of State and foreign heads of State.

The Committee asked the Government to provide information on the application in practice of the abovementioned provisions so that it could examine their scope.

The Committee notes the Government’s indication in its report that section 5 of the Penal Code provides for compulsory labour among applicable penalties and section 5bis provides that the period of compulsory labour may range from one to 20 years. The Government also indicates that the penalty of penal servitude cannot be deemed equivalent to the penalty of forced labour. However, the Committee notes that, under section 8 of the Penal Code, any person sentenced to penal servitude shall be employed either inside the prison or outside the prison in one of the types of work authorized by the prison regulations or determined by the President of the Republic. It stresses once again that the Convention protects persons against the imposition of any kind of compulsory labour, including the compulsory labour imposed within the sanction of penal servitude and not only against the imposition of forced labour, in the five instances covered by Article 1.

Moreover, the Committee notes that the United Nations (UN) Human Rights Council, at its 35th session (June 2017), expressed deep concern at reports of: restrictions on the freedoms of peaceful assembly, opinion and expression; violations of the right to liberty and security of person; threats against and intimidation of members of political parties, civil society representatives and journalists; and arbitrary detention (A/HRC/35/L.37).

The Committee also notes UN Security Council resolution 2360 (2017), in which the Security Council called for the immediate implementation of the measures specified in the 31 December 2016 agreement to support the legitimacy of the transitional institutions, including by putting an end to restrictions of the political space in the country, in particular arbitrary arrests and detention of members of the political opposition and of civil society, as well as restrictions of fundamental freedoms such as the freedom of opinion and expression, including freedom of the press (S/RES/2360 (2017)).

The Committee expresses its concern at the current human rights situation in the country and recalls that restrictions on fundamental rights and freedoms, including the freedom of expression, may affect the application of the Convention if such restrictions can result in the imposition of penalties that involve compulsory labour. In this regard, the Committee recalls that the Convention prohibits the use of compulsory prison labour as a punishment for the expression of certain political views or for opposition to the established political, social or economic system. The Committee urges the Government to take the necessary measures to bring the abovementioned provisions of the Penal Code, of Act No. 96-002 of 22 June 1996, of Legislative Ordinance No. 25-557 of 6 November 1959, and of Legislative Ordinances Nos 300 and 301 of 16 December 1963 into conformity with the Convention in order to ensure that no penalty entailing compulsory labour (including compulsory prison labour) can be imposed for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to provide information on progress made in this respect.

Repetition

Preliminary remark on the effect of compulsory prison labour on the application of the Convention. In its previous comments, the Committee noted that persons sentenced to penal servitude are employed either in or outside the prison in work authorized by the regulations of the establishment or determined by the President of the Republic (section 8 of the Penal Code). Reminding the Government that the Convention prohibits the imposition of compulsory labour, including compulsory prison labour, on persons expressing political opinions or opposition to the established political, social or economic system, or participating in a strike, the Committee pointed out that observance of the Convention may be affected by the imposition of penal servitude as a result of charges relating to the expression of political opinions or participation in strikes. The Committee notes that in its report the Government states that penal servitude cannot be treated as forced labour. The Committee emphasizes in this connection that the Convention protects persons against the imposition of all compulsory labour, not only forced labour, in the five instances set out in Article 1.

Article 1(a) of the Convention. Prison sentences involving an obligation to work imposed as a penalty for the expression of political opinions. The Committee notes that non compliance with the following provisions of the Penal Code and other provisions regulating freedom of expression is punishable by penal servitude in the course of which convicted persons are subject to compulsory labour:

• – Penal Code sections 74, 75 and 76: injurious allegations and insults; sections 136–137: contempt towards members of the National Assembly, the Government and depositaries of the public authority or law enforcement officers; section 199bis and ter: dissemination of false rumours liable to alarm the population; section 209: dissemination of tracts, bulletins or leaflets of foreign origin or inspiration liable to harm the national interests; section 211(3): exposure in public places of drawings, posters, engravings, paintings, photographs and all objects or images liable to breach the peace.
• – Act No. 96-002 of 22 June 1996 setting forth arrangements for the exercise of freedom of the press: sections 73–76, referring to the Penal Code for the definition and punishment of press-related offences.
• – Legislative Ordinance No. 25-557 of 6 November 1959 on penalties to be applied for breach of measures of a general nature.
• – Legislative Ordinances Nos 300 and 301 of 16 December 1963 on the punishment of offences against the Head of State and foreign heads of State.

So that it may examine the scope of the abovementioned provisions and the manner in which the courts apply them, the Committee again asks the Government to provide information on the effect given to them in practice, providing details of court decisions handed down, sentences applied and the grounds for prosecution. The Committee requests the Government to ensure that no one who expresses political opinions or opposes the established political, economic and social system peacefully may be sentenced to penal servitude involving an obligation to work.

Article 1(d). Penalties of imprisonment involving the obligation to work as a punishment for participation in strikes. The Committee referred previously to section 326 of the Labour Code allowing a fine and/or a penalty of penal servitude of up to six months to be imposed on anyone offending against section 315, which sets forth the conditions for exercising the right to collective work stoppage in the event of a collective labour dispute. The Committee pointed out in this connection that the Convention expressly prohibits the imposition of compulsory labour, including compulsory prison labour, as a punishment for participation in strikes. The Committee notes that, in its report under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates that it agrees to the principle of amending section 326 of the Labour Code, which will be done when the Code is next revised, and that the new provision will specify that “the penalties imposed on strikers shall be proportionate to the offence committed and no penalty of imprisonment shall be imposed other than for a criminal or violent act”. The Committee takes due note of this information and trusts that the Government will make every effort to have section 326 of the Penal Code amended as indicated above, in order to align it both with Article 1(d) of this Convention and with Article 3 of Convention No. 87.

The Committee also asks the Government to provide the texts regulating the right of assembly and association.

Repetition

Preliminary remark on the effect of compulsory prison labour on the application of the Convention. In its previous comments, the Committee noted that persons sentenced to penal servitude are employed either in or outside the prison in work authorized by the regulations of the establishment or determined by the President of the Republic (section 8 of the Penal Code). Reminding the Government that the Convention prohibits the imposition of compulsory labour, including compulsory prison labour, on persons expressing political opinions or opposition to the established political, social or economic system, or participating in a strike, the Committee pointed out that observance of the Convention may be affected by the imposition of penal servitude as a result of charges relating to the expression of political opinions or participation in strikes. The Committee notes that in its report the Government states that penal servitude cannot be treated as forced labour. The Committee emphasizes in this connection that the Convention protects persons against the imposition of all compulsory labour, not only forced labour, in the five instances set out in Article 1.

Article 1(a) of the Convention. Prison sentences involving an obligation to work imposed as a penalty for the expression of political opinions. The Committee notes that non compliance with the following provisions of the Penal Code and other provisions regulating freedom of expression is punishable by penal servitude in the course of which convicted persons are subject to compulsory labour:

• – Penal Code sections 74, 75 and 76: injurious allegations and insults; sections 136–137: contempt towards members of the National Assembly, the Government and depositaries of the public authority or law enforcement officers; section 199bis and ter: dissemination of false rumours liable to alarm the population; section 209: dissemination of tracts, bulletins or leaflets of foreign origin or inspiration liable to harm the national interests; section 211(3): exposure in public places of drawings, posters, engravings, paintings, photographs and all objects or images liable to breach the peace.
• – Act No. 96-002 of 22 June 1996 setting forth arrangements for the exercise of freedom of the press: sections 73–76, referring to the Penal Code for the definition and punishment of press-related offences.
• – Legislative Ordinance No. 25-557 of 6 November 1959 on penalties to be applied for breach of measures of a general nature.
• – Legislative Ordinances Nos 300 and 301 of 16 December 1963 on the punishment of offences against the Head of State and foreign heads of State.

So that it may examine the scope of the abovementioned provisions and the manner in which the courts apply them, the Committee again asks the Government to provide information on the effect given to them in practice, providing details of court decisions handed down, sentences applied and the grounds for prosecution. The Committee requests the Government to ensure that no one who expresses political opinions or opposes the established political, economic and social system peacefully may be sentenced to penal servitude involving an obligation to work.

Article 1(d). Penalties of imprisonment involving the obligation to work as a punishment for participation in strikes. The Committee referred previously to section 326 of the Labour Code allowing a fine and/or a penalty of penal servitude of up to six months to be imposed on anyone offending against section 315, which sets forth the conditions for exercising the right to collective work stoppage in the event of a collective labour dispute. The Committee pointed out in this connection that the Convention expressly prohibits the imposition of compulsory labour, including compulsory prison labour, as a punishment for participation in strikes. The Committee notes that, in its report under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates that it agrees to the principle of amending section 326 of the Labour Code, which will be done when the Code is next revised, and that the new provision will specify that “the penalties imposed on strikers shall be proportionate to the offence committed and no penalty of imprisonment shall be imposed other than for a criminal or violent act”. The Committee takes due note of this information and trusts that the Government will make every effort to have section 326 of the Penal Code amended as indicated above, in order to align it both with Article 1(d) of this Convention and with Article 3 of Convention No. 87.

The Committee also asks the Government to provide the texts regulating the right of assembly and association.

Repetition

Preliminary remark on the effect of compulsory prison labour on the application of the Convention. In its previous comments, the Committee noted that persons sentenced to penal servitude are employed either in or outside the prison in work authorized by the regulations of the establishment or determined by the President of the Republic (section 8 of the Penal Code). Reminding the Government that the Convention prohibits the imposition of compulsory labour, including compulsory prison labour, on persons expressing political opinions or opposition to the established political, social or economic system, or participating in a strike, the Committee pointed out that observance of the Convention may be affected by the imposition of penal servitude as a result of charges relating to the expression of political opinions or participation in strikes. The Committee notes that in its report the Government states that penal servitude cannot be treated as forced labour. The Committee emphasizes in this connection that the Convention protects persons against the imposition of all compulsory labour, not only forced labour, in the five instances set out in Article 1.

Article 1(a) of the Convention. Prison sentences involving an obligation to work imposed as a penalty for the expression of political opinions. The Committee notes that non compliance with the following provisions of the Penal Code and other provisions regulating freedom of expression is punishable by penal servitude in the course of which convicted persons are subject to compulsory labour:

• – Penal Code sections 74, 75 and 76: injurious allegations and insults; sections 136–137: contempt towards members of the National Assembly, the Government and depositaries of the public authority or law enforcement officers; section 199bis and ter: dissemination of false rumours liable to alarm the population; section 209: dissemination of tracts, bulletins or leaflets of foreign origin or inspiration liable to harm the national interests; section 211(3): exposure in public places of drawings, posters, engravings, paintings, photographs and all objects or images liable to breach the peace.
• – Act No. 96-002 of 22 June 1996 setting forth arrangements for the exercise of freedom of the press: sections 73–76, referring to the Penal Code for the definition and punishment of press-related offences.
• – Legislative Ordinance No. 25-557 of 6 November 1959 on penalties to be applied for breach of measures of a general nature.
• – Legislative Ordinances Nos 300 and 301 of 16 December 1963 on the punishment of offences against the Head of State and foreign heads of State.

So that it may examine the scope of the abovementioned provisions and the manner in which the courts apply them, the Committee again asks the Government to provide information on the effect given to them in practice, providing details of court decisions handed down, sentences applied and the grounds for prosecution. The Committee requests the Government to ensure that no one who expresses political opinions or opposes the established political, economic and social system peacefully may be sentenced to penal servitude involving an obligation to work.

Article 1(d). Penalties of imprisonment involving the obligation to work as a punishment for participation in strikes. The Committee referred previously to section 326 of the Labour Code allowing a fine and/or a penalty of penal servitude of up to six months to be imposed on anyone offending against section 315, which sets forth the conditions for exercising the right to collective work stoppage in the event of a collective labour dispute. The Committee pointed out in this connection that the Convention expressly prohibits the imposition of compulsory labour, including compulsory prison labour, as a punishment for participation in strikes. The Committee notes that, in its report under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates that it agrees to the principle of amending section 326 of the Labour Code, which will be done when the Code is next revised, and that the new provision will specify that “the penalties imposed on strikers shall be proportionate to the offence committed and no penalty of imprisonment shall be imposed other than for a criminal or violent act”. The Committee takes due note of this information and trusts that the Government will make every effort to have section 326 of the Penal Code amended as indicated above, in order to align it both with Article 1(d) of this Convention and with Article 3 of Convention No. 87.

The Committee also asks the Government to provide the texts regulating the right of assembly and association.

Repetition

The Committee requests the Government to indicate the exceptions from the prohibition of forced labour provided for in the national legislation.

Article 1(a) of the Convention. Penal servitude as a penalty for expressing political opinions. The Committee notes that, under article 27 of the Constitution, everyone has the right to freedom of expression and that this right implies freedom to express one’s opinions and feelings, inter alia, in speech, writing and images, subject to observance of the public order, the rights of others and morality.

The Committee takes notes of the following provisions of the Penal Code, the application of which could affect compliance with the Convention:

• – sections 136 and 137: insulting members of the National Assembly, the Government and depositories of authority conferred for the purpose of law enforcement;
• – section 155bis: the wearing in public of the uniform, insignia or emblem of an association or de facto group dissolved by the competent public authority;
• – section 209: the circulation of tracts, bulletins or flyers of foreign origin or inspiration of a nature such as to harm the national interest, and section 211(3): the displaying in public places of drawings, posters, engravings, paintings, photographs or any object or image of a nature likely to cause a breach of the peace.

The Committee also notes Legislative Ordinance No. 25-557 on penalties for contravention of measures of a general nature, Legislative Ordinances Nos 300 and 301 on the punishment of offences against the Head of State and foreign Heads of State, and the Legislative Decree of 14 January 1961 on subversive propaganda.

The Committee notes that breach of the abovementioned provisions is punishable by penal servitude and that persons sentenced to penal servitude are employed either in or outside the prison in work authorized by the regulations of the establishment or determined by the President of the Republic (section 8 of the Penal Code).

The Committee points out that observance of the Convention may be affected by the imposition of penal servitude on persons expressing certain political opinions. It requests the Government to provide information on the application of the abovementioned provisions in practice, particularly the number of sentences passed, and to provide copies of the relevant judicial decisions.

Article 1(d). Penal servitude as a penalty for participating in strikes. In its observation on the application of Convention No. 87, the Committee noted that article 42 of the Transitional Constitution recognized the right to strike and that section 315 of the Labour Code provides a right of collective work stoppage in the event of a collective labour dispute. The Committee also notes that section 315(4) provides that the arrangements for exercising the right to strike or lockout are those established by an Order of the Minister of Labour and Social Welfare. Lastly, the Committee notes that section 326 of the Labour Code provides for a fine and/or penal servitude for a maximum of six months where an individual contravenes section 315. The Committee refers the Government to its comments on the application of Convention No. 87 and points out that Convention No. 105 expressly prohibits the imposition of compulsory labour as a penalty for participating in a strike. It requests the Government to indicate whether a ministerial order establishing arrangements for exercise of the right to strike has been adopted and, if so, to provide a copy. The Government is also asked to indicate the measures taken or envisaged to ensure, in accordance with the Convention, that no penalty involving compulsory labour, including compulsory prison labour, can be imposed for participation in strikes.

The Committee also requests the Government to provide the texts on freedom of the press and other media, and the texts governing the right of assembly and association.

Repetition

The Committee requests the Government to indicate the exceptions from the prohibition of forced labour provided for in the national legislation.

Article 1(a) of the Convention. Penal servitude as a penalty for expressing political opinions. The Committee notes that, under article 27 of the Constitution, everyone has the right to freedom of expression and that this right implies freedom to express one’s opinions and feelings, inter alia, in speech, writing and images, subject to observance of the public order, the rights of others and morality.

The Committee takes notes of the following provisions of the Penal Code, the application of which could affect compliance with the Convention:

• – sections 136 and 137: insulting members of the National Assembly, the Government and depositories of authority conferred for the purpose of law enforcement;
• – section 155bis: the wearing in public of the uniform, insignia or emblem of an association or de facto group dissolved by the competent public authority;
• – section 209: the circulation of tracts, bulletins or flyers of foreign origin or inspiration of a nature such as to harm the national interest, and section 211(3): the displaying in public places of drawings, posters, engravings, paintings, photographs or any object or image of a nature likely to cause a breach of the peace.

The Committee also notes Legislative Ordinance No. 25-557 on penalties for contravention of measures of a general nature, Legislative Ordinances Nos 300 and 301 on the punishment of offences against the Head of State and foreign Heads of State, and the Legislative Decree of 14 January 1961 on subversive propaganda.

The Committee notes that breach of the abovementioned provisions is punishable by penal servitude and that persons sentenced to penal servitude are employed either in or outside the prison in work authorized by the regulations of the establishment or determined by the President of the Republic (section 8 of the Penal Code).

The Committee points out that observance of the Convention may be affected by the imposition of penal servitude on persons expressing certain political opinions. It requests the Government to provide information on the application of the abovementioned provisions in practice, particularly the number of sentences passed, and to provide copies of the relevant judicial decisions.

Article 1(d). Penal servitude as a penalty for participating in strikes. In its observation on the application of Convention No. 87, the Committee noted that article 42 of the Transitional Constitution recognized the right to strike and that section 315 of the Labour Code provides a right of collective work stoppage in the event of a collective labour dispute. The Committee also notes that section 315(4) provides that the arrangements for exercising the right to strike or lockout are those established by an Order of the Minister of Labour and Social Welfare. Lastly, the Committee notes that section 326 of the Labour Code provides for a fine and/or penal servitude for a maximum of six months where an individual contravenes section 315. The Committee refers the Government to its comments on the application of Convention No. 87 and points out that Convention No. 105 expressly prohibits the imposition of compulsory labour as a penalty for participating in a strike. It requests the Government to indicate whether a ministerial order establishing arrangements for exercise of the right to strike has been adopted and, if so, to provide a copy. The Government is also asked to indicate the measures taken or envisaged to ensure, in accordance with the Convention, that no penalty involving compulsory labour, including compulsory prison labour, can be imposed for participation in strikes.

The Committee also requests the Government to provide the texts on freedom of the press and other media, and the texts governing the right of assembly and association.