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Individual Case (CAS) - Discussion: 2024, Publication: 112nd ILC session (2024)

Written information provided by the Government

The Government communicated the following written information and a copy of Decree No. 2016/309/PRG/SGG of 31 October 2016 establishing the prison regulations, Act No. 2015/009/AN on preserving the public order and Act No. 2005/013/AN of 4 July 2005 issuing regulations for associations in Guinea.
The Guinean legal framework provides a solid basis for the protection of persons against labour exploitation and strictly prohibits forced or compulsory labour in all its forms. This prohibition is contained in the provisions of the Transitional Charter, the Criminal Code and the Labour Code. In this connection, the Government notes the recommendations of the Committee of Experts to continue providing information on any criminal penalty handed down for violations of the provisions of Act No. L/2005/013/AN establishing the system of associations (under section 37 of the Act), and, where possible, on the acts giving rise to these convictions. It undertakes to send a copy of any new legislation amending the Act establishing the system of associations to the Committee of Experts as soon as it is adopted.
The Government notes the recommendations of the Committee of Experts to take the necessary measures to ensure that no punishments involving compulsory labour, including as part of a prison sentence, may be imposed on persons who express certain political opinions or who peacefully express views ideologically opposed to the established system, including in the context of peaceful public demonstrations. The Government indicates that with regard to the abolition of punishments involving compulsory prison work, section 38 of the Criminal Code provides for three types of alternative punishment for such offences, namely a fine paid daily, community service and reparations. Community service, which involves performing work for the benefit of the community as a whole, is explicitly set out in the draft to ensure that such work is not akin to punishment by forced labour as prohibited by Guinean law and the Constitution.
Section 44 of the Criminal Code provides that a sentence of community service may not be applied to a person who refuses to serve it or who does not attend the hearing. The person involved is reminded of their right to refuse, after being declared guilty and the determination of the sentence. However, the Government insists that the Committee’s recommendations will be taken into account within the framework of the reform undertaken by the Government. The reform processes started by the transitional authorities provide for the adoption of a new Constitution and an overhaul of the political system, which will undoubtedly lead to a revision of the Charter of Political Parties. The Government informs the Committee that the sentences issued in accordance with the above-mentioned provisions very often concern the organization of or participation in unnotified or banned demonstrations. Prison sentences of 4 to 18 months are often handed down. There have been no court proceedings based on the provisions of the Criminal Code referred to by the Committee of Experts and, as a result, no sentences have been issued by invoking these provisions. The Government will keep the Committee informed of any future developments in this regard.
With regard to press offences, no such offence has been sentenced with compulsory prison labour. It should be noted that compulsory prison labour is no longer authorized in accordance with the provisions of the 2016 Criminal Code. Lastly, with regard to section 660 of the Criminal Code and sections 30 and 31 of Act No. 91/02/CTRN establishing a Charter of Political Parties, to date there have been no court proceedings on the basis of these provisions and therefore no sentence has been handed down in this area. The Government will keep the Committee of Experts informed of any future developments in this regard.

Discussion by the Committee

Chairperson – I invite the representative of the Government, the Minister of Labour and the Civil Service, to take the floor.
Government representative – It is an honour for me, on behalf of the Government of Guinea, to take the floor before the Committee that you have the important responsibility of guiding. I thank you for giving me the opportunity to present and defend Guinea’s position in the face of the allegations that provisions of the Convention are violated in the execution of prison sentences imposed on persons who express certain political opinions or who peacefully express views ideologically opposed to the established system, including in the context of peaceful public demonstrations. These accusations, which tarnish the image of my country, are entirely baseless. By way of background, since gaining independence Guinea has participated in all United Nations human rights bodies. As such, as a member of the ILO since 1959, it has ratified all the Conventions linked to fundamental principles and rights at work, including the Forced Labour Convention, 1930 (No. 29); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); the Equal Remuneration Convention, 1951 (No. 100); the Discrimination (Employment and Occupation) Convention, 1958 (No. 111); the Minimum Age Convention, 1973 (No. 138); the Worst Forms of Child Labour Convention, 1999 (No. 182); the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187); and the Domestic Workers Convention, 2011 (No. 189). These ratifications demonstrate my country’s respect for human rights.
Guinea has made efforts to adopt measures to align its national legislation with international labour standards. To that end, it has revised its Criminal Code to remove sentences involving hard labour and has included in the draft labour code, which is under review, provisions that prohibit labour exploitation. The observations of the Committee of Experts that are the reason for our appearance before this Committee relate to non-respect for the provisions of Article 1 of the Convention. It should be noted that my country ratified the Convention on 11 July 1961, four years after the Convention’s adoption by the ILO, three years after gaining independence and two years after joining the Organization, thereby demonstrating its will to adhere to the principles and regulations established to protect individual well-being and to apply them, whatever their category.
In its observations, the Committee of Experts refers to several provisions of national legislation providing for prison sentences involving compulsory labour under Decree No. 247 of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624 of 13 November 1981 supplementing Decree No. 247 of 1972. Firstly, I would like to inform the Committee that the Decrees to which the Committee of Experts refers, and which form the basis for these allegations, were abrogated in 2016 by means of Decree No. 309 establishing a legal regime for prisons. I note that a copy of that Decree was submitted to the Committee of Experts on 20 May 2024. It is important to highlight that the adoption of Decree No. 309 led to significant improvements in conditions of imprisonment for convicted persons in Guinea. Contrary to Decree No. 247 of 1972, the new legislation removed any possibility of compulsory labour in prisons. For all prisoners, from remand prisoners to those who have been convicted, the regulations set out the manner in which sentences must be executed and the related conditions. Firstly, article 14 of Decree No. 309 provides that remand prisoners are not required to undertake prison work in Guinea, but they may, if they wish, request to work. Secondly, article 22 of the Decree indicates clearly that convicted persons must be encouraged to participate in devising their own sentence plan as part of ongoing dialogue. Procedures are also established to regularly revise prisoners’ individual plans, with their participation. This is a process of co-construction with detainees, according to their wishes.
Furthermore, it should be highlighted that sentence plans drawn up with the participation of convicted persons must involve, where possible, work, education, preparation for release and other activities, as is done in so-called great democracies. In other words, prison regulations in Guinea provide for the devising of a sentence plan with each detainee. Plans should focus in particular on the assistance to be offered to convicted persons, the possibility of working, access to training or advanced training and preparation for release.
Article 112 of the Decree provides that the work to which convicted persons are assigned may not be considered a sanction or punishment, but a means to allow them to prepare for reintegration into society. Moreover, it provides that, to the extent possible, detainees must be able to choose the type of work that they wish to undertake. Article 113 provides that the working day must not exceed eight hours. Detainees do not work on Sundays or public holidays. This means that, in Guinea, not only do convicted persons have the freedom to choose whether to work or not during their sentences, the work that they undertake is also regulated.
This demonstrates how no element of law or fact can justify the allegations that the Convention’s provisions are violated in Guinea. With regard to the request of the Committee of Experts to ensure that no sanctions involving compulsory labour may be imposed, under the application of certain criminal provisions, on persons who express certain political opinions or who express views ideologically opposed to the established political, social or economic system, I am pleased to inform the Committee that, as indicated in our last report on the application of the Convention, no prison sentence involving compulsory labour has been imposed on any individual. I am comfortable saying that: I have been involved in political struggles in my country for ten years.
Firstly, no aspect of the provisions of the Criminal Code to which the Committee of Experts refers imposes compulsory labour on persons convicted of crimes concerning insults or defamation against public administration bodies or public employees, unlawful assemblies or prohibited gatherings. The sentences handed down for such violations are either prison sentences or fines that do not involve compulsory or prison labour. Next, it should be stressed that forced or compulsory labour is prohibited by our laws and the Transitional Charter, and by article 4 of the Labour Code, which provides that forced or compulsory labour is banned in Guinea. I reiterate once more that no prosecutions have been brought and, therefore, no sentences handed down on the basis of the provisions of the Criminal Code mentioned by the Committee of Experts. Clearly, the violation of an established regulation by any individual is sanctioned, but it should be noted that the Guinean legislative framework provides a solid foundation for protecting the fundamental rights of all individuals against labour exploitation and strongly prohibits all forms of forced or compulsory labour. This principle is embodied in the Transitional Charter, article 8 of which provides that fundamental rights and freedoms are recognized and their exercise by citizens guaranteed in the conditions and forms set out in law.
With regard to the application of sentences, the Criminal Code provides for ancillary and complementary penalties, which are added ipso jure to main sentences. A list of such penalties has been drawn up and does not include, in any form, penalties involving forced or compulsory labour for prisoners. The authorities ensure that detention conditions and the treatment of persons deprived of liberty adhere to national law and international standards.
To conclude, I would like to note that no sentence involving forced labour is applied to detainees in Guinea in general, including persons convicted for expressing opposition to the established system. I therefore respectfully request that the members of the Committee reconsider Guinea’s summons.
Employer members – The Employer members thank the Government for their oral and written information on this case. The Employer members emphasize the importance of governments’ compliance with the Convention which, as a fundamental Convention, requires special attention.
From the outset, the Employer members wish to stress their deep commitment towards the eradication of forced labour and the great importance attached to the Convention. We are firmly convinced that no relevant stakeholder should turn a blind eye to any such practices, especially if they are planned, conducted or tolerated by central authorities.
We would like to start off by providing some background information and context. The Republic of Guinea joined the ILO in 1959. It has ratified a total of 62 Conventions, including nine fundamental Conventions, three governance Conventions, and 50 technical Conventions. Of the 62 Conventions that have been ratified, 52 remain in force. The Republic of Guinea ratified the Convention in 1961. The Committee of Experts has provided observations before on the Government’s’ compliance with the Convention, most recently in 2018 and 2023.
We also note that the Committee of Experts has made direct requests from 2005 to 2023 to the Government regarding the Convention. The Employer members understand that the ILO is not currently providing technical assistance to the Republic of Guinea in relation to forced labour issues. We note, however, that a mission to the Republic of Guinea was undertaken in May 2024 to draw up a new Decent Work Country Programme, which includes a standards component. The mission also included training for members of the National Council for Social Dialogue (CNDS).
This year is the first time that the Committee has examined the Government’s application of the Convention.
The Committee of Experts’ comments specifically relate to issues regarding the Republic of Guinea’s compliance with Article 1(a) of the Convention. Countries who have ratified the Convention commit, under Article 1(a), to protecting those who engage in peaceful activities related to freedom of political expression and freedom of the press from punishment by way of compulsory labour, including through prison sentences.
The comments of the Committee of Experts highlight two specific issues regarding the Government’s’ compliance with Article 1(a) of the Convention.
Firstly, the Committee of Experts refers to several provisions of the Republic of Guinea’s national legislation imposing punishments involving compulsory labour for the commission of certain protected activities that fall within the scope of Article 1(a) of the Convention. Secondly, the Committee of Experts takes note of a recent order by the transitional Government that prohibits demonstrations that likely compromise social peace and public order, specifying that any breach of this order would result in legal consequences.
The Employer members will now address these two issues in further detail.
With respect to the first issue, the Employer members note the observations of the Committee of Experts on the national legislative provisions imposing punishment involving compulsory labour on persons who peacefully hold or express political views or otherwise hold or express views that are ideologically opposed to the established political, social or economic system.
The Committee of Experts refer to a list of these acts or behaviours outlined in national legislation. Examples of these acts or behaviours include defamation; organizing an unauthorized demonstration; participating in an unauthorized demonstration; organizing a meeting on a public thoroughfare; insulting the Head of State, officers of the law, the national anthem or the national flag; founding, directing or administering a political party in violation of the law; and directing, administering, or reconstituting a dissolved political party.
The Employer members also note the information provided by the Government which indicates that no prosecutions have been brought on the basis of any of the provisions in the national legislation noted in the Committee of Experts’ observation and that no press-related offences have been punishable by compulsory prison labour.
The Employer members recall that compliance with ILO fundamental Conventions must be both in law and in practice. Therefore, while the Government appears not to have enforced these laws in practice, the national legislative provisions noted by the Committee of Experts, by law, are not compliant with Article 1(a) of the Convention. As such, they do not protect against punishment, by way of compulsory labour, those who peacefully hold or express political views or those who hold or express views ideologically opposed to the established political, social or economic system.
The Employer members strongly encourage the Government to provide the Committee of Experts with the requested information relating to any convictions for the offences outlined in the national legislative provisions noted in the Committee of Experts’ comments, including the alleged acts or behaviours underlying those convictions.
With respect to the second issue, the Employer members note the comments of the Committee of Experts regarding the decision of the transitional Government of 13 May 2022 prohibiting any demonstrations that are likely to compromise social peace and the proper development of Government activities. The decision specified that any breach would result in legal consequences.
The Employer members also note the comments of the Committee of Experts recalling a letter from the United Nations High Commissioner for Human Rights to the President of the Republic of Guinea expressing deep concern about the large number of demonstrators arrested, as well as an August 2022 decision dissolving the National Front for the Defence of the Constitution, a coalition including political parties and civil society organizations.
The Employer members note the commitment provided by the Government to undertaking a substantive reform of national legislation to potentially limit the scope of the application of the legislative provisions noted earlier. This undertaking was first noted by the Committee of Experts in its 2023 observation on the Republic of Guinea’s compliance with the Convention, and no additional information with respect to this review has been noted in the Committee of Expert’s observation this year. The Employer members strongly encourage the Government to commit to its undertaking to review the legislative provisions noted by the Committee of Experts in its report.
Worker members – Our Committee has been led to examine for the first time the Government’s application of the Convention, which is a fundamental Convention that enjoys one of the highest ratification rates, with 178 ratifications, and that Guinea ratified in 1961, as confirmed by the Minister. The Convention forms part of the ILO Declaration on Fundamental Principles and Rights at Work and states that employment relationships should be freely chosen and free from threats, as well as requiring Member States to eradicate forced labour.
The Worker members note the comments of the Committee of Experts that identify several provisions in Guinean legislation that allow prison sentences involving compulsory labour to be handed down for acts or behaviour through which persons express views opposed to the established political, social or economic system. Participation in an undeclared or unauthorized demonstration also falls under these provisions.
The Committee of Experts highlights that these activities fall within the scope of application of Article 1(a) of the Convention, which provides that “[e]ach Member of the International Labour Organisation which ratifies this Convention undertakes to suppress and not to make 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 criminal provisions in question constitute, quite simply, the criminalization of language, of mere words and of acts expressing dissident political views, in violation of the Convention.
We recall that, by decision of 13 May 2022, the transitional government prohibited any demonstration on public thoroughfares likely to compromise the social peace – and we note the generalized nature of that concept – and the proper development of the activities in its calendar, specifying that any breach of this order would entail legal consequences against the perpetrator(s). Moreover, the freedom of the press has been under attack since 2022, leading to the closure of some media outlets, with others forced to put workers on indefinite leave owing to the ongoing restrictions.
Against a backdrop of highly restricted civil liberties, there are concerns that these provisions are being implemented with the aim of silencing the opposition, particularly trade unions. Restricting trade unions’ scope of action means dangling the sword of Damocles over them by criminalizing strike action, which is covered in Article 1(d) of the Convention which prohibits the adoption of such measures as a punishment for having participated in strikes.
The international community has already stated its concerns at the deterioration in civil liberties in Guinea. In a letter addressed to the President of the Republic on 15 August 2022, the United Nations High Commissioner for Human Rights expressed her deep concern at recent developments in the human rights situation in the country, referring to a large number of arrests of demonstrators, including members of the political opposition and civil society. The High Commissioner also referred to a decision of the Government of 9 August 2022 aimed at dissolving the National Front for the Defence of the Constitution (FNDC), a collective of opposition political parties, trade unions and civil society organizations, which had initiated demonstrations.
The deterioration in the human and trade union rights situation in Guinea is obvious and has only worsened since 2022.
We recall that on 19 January 2024 Sékou Jamal Pendessa, Secretary-General of the Guinean Press Professionals’ Union (SPPG), was arrested and sentenced to six months’ imprisonment, three of which were suspended, and a fine of 500,000 Guinean francs.
His arrest came after his union, on 18 January 2024, called for protests against the media restrictions imposed by the Government since May 2023. Demonstrators who gathered at the Press House on 18 January 2024 were physically assaulted and arrested for participating in an “unauthorized assembly”, before being released.
We note with concern that, during his six weeks in prison, Sékou Jamal Pendessa was subject to hard labour. He was finally released on 28 February 2024 by the Conakry Court of Appeal after three days of strikes and street protests.
The freedoms of peaceful assembly, association and expression are fundamental pillars of democracy that must be defended and protected at all times. Workers must be allowed to express their views on the country’s economic situation without fear, intimidation or imprisonment.
We call on the Government to adopt the necessary measures to ensure that no sentence, including prison sentences, that may involve compulsory labour can be imposed on persons who express certain political opinions or who peacefully express views ideologically opposed to the established system, including in the context of peaceful public demonstrations.
We note the process of legislative reform initiated by the Government. We call on it to review its legislation according to the guidance of the Committee of Experts in order to ensure that the provisions of the Criminal Code and of the Act of 23 December 1991 establishing a charter of political parties are in compliance with the Convention.
Worker member, Guinea – Since its accession to the ILO in 1959, the Republic of Guinea has ratified several ILO Conventions, including Convention No. 105 in 1961. This commitment has resulted in the adaptation of national legislation in general, and labour legislation in particular, through the Labour Code of 1960 and the Labour Codes of 1988 and 2010. However, these historic achievements by the First Republic, which have been respected to a large extent by the successive governments in power, are currently under threat from administrative and judicial practices that seriously undermine the rights of workers, particularly in the press sector.
In this context, several media outlets have been suspended by the High Authority for Communication, which wrote to the General Director of television company Canal + Guinée on 6 and 9 December 2023 to request him to stop broadcasting by Djoma FM and TV, Espace FM and TV, and Évasion FM and TV, channels available with the Canal + Guinée package, for “national security reasons”. On 12 December 2023, another distributor, StarTimes, announced the cancellation of Djoma TV, Espace TV and Évasion TV on the same grounds.
These repressive measures were denounced by the trade union movement through various statements that have failed to shake the administrative authorities from their determination to silence all dissonant voices, despite the multiple calls for the fundamental rights of citizens to be respected, in particular freedom of expression and demonstration, which are all recognized by the Transitional Charter drafted by the National Committee for Reconciliation and Development.
The Guinean trade union movement takes this opportunity to reaffirm its concerns and fears regarding the direction that the decisions of the transitional Government are taking with respect to the exercise of the profession of journalism in the private sector.
Today, there are hundreds of Guinean families who have been hit hard by the closure of private radio stations and television channels, despite the fact that these stations and channels have enabled the recruitment of many young jobless graduates, affected by unemployment and underemployment, while contributing to the education of citizens on democratic values, social peace and harmonious coexistence.
The trade union movement denounces the conviction of our comrade the Secretary-General of the SPPG, who, in addition to being arrested and detained for over one month, received a suspended sentence of three months’ imprisonment.
The trade union movement takes this opportunity to express its profound gratitude to all trade union organizations around the world for their full support with a view to upholding the rights of the press in Guinea.
It particularly wishes to thank the International Trade Union Confederation (ITUC) and its African regional branch, the Organization of African Trade Union Unity (OATUU) and the ILO for the various efforts made to further the aspirations of the Guinean trade union movement in its quest for social justice, freedom and democracy.
In the face of the numerous challenges that threaten to undermine the social achievements made at such a high price, often through bloodshed, during Guinea’s years of upheaval, the trade union movement appeals strongly to the ILO to provide sustained support to ensure the fulfilment of the Republic of Guinea’s commitments, freely undertaken through the ratification of ILO Conventions, in particular Conventions Nos 87, 98 and 105, and all other Conventions concerning human rights.
Lastly, the Guinean trade union movement reaffirms its long-standing commitment to a framework of constructive and sustainable social dialogue, the foundations and instruments for which now exist in Guinea thanks to the establishment of the CNDS with a multi-dimensional remit, particularly with regard to prevention, advice and management in the case of collective labour disputes for all sectors of activity nationwide.
Government member, Belgium – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries, Albania, Montenegro, North Macedonia, the Republic of Moldova and Ukraine, and the European Free Trade Association country Norway, member of the European Economic Area, align themselves with this statement.
The EU and its Member States are committed to the respect, protection and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.
The EU and its Member States have been committed development partners of Guinea, including through the “Everything But Arms” (EBA) arrangement under the EU’s General Scheme of Preferences, granting duty-free and quota-free access to the EU market, resulting in sustained growth and job creation in the past decades. The trade benefits granted under the EBA arrangement are subject to the condition that Guinea respects core international principles, enshrined in core UN and ILO Conventions.
We note with concern the Committee of Experts’ indication that several provisions of national legislation provide for prison sentences involving compulsory labour for activities within the scope of application of the Convention.
We also take note that in August 2022, the United Nations High Commissioner for Human Rights expressed deep concern at recent developments in the human rights situation in the country, referring to a large number of arrests of demonstrators, including members of the political opposition and civil society. The Committee of Experts also referred to the Government’s decision aiming at the dissolution of a collective of opposition political parties, trade unions and civil society organizations, which had held demonstrations.
We note that the Government states in its report that no convictions have been handed down on the basis of the provisions referred to by the Committee of Experts. Moreover, the Government indicates that although no measures have been envisaged to limit the scope of these provisions, it will undertake a substantive reform to this end. We also take note of the written information recently submitted by the Government, in particular the affirmation that the Guinean legislative framework provides a solid basis for the protection of human beings against labour exploitation and strictly prohibits forced or compulsory labour in all its forms.
In line with the Committee of Experts, we request the Government to take the necessary measures to ensure that no punishments involving compulsory labour, including as part of a prison sentence, may be imposed on persons who express certain political opinions or who peacefully express views ideologically opposed to the established system, including in the context of peaceful public demonstrations.
In this regard, we echo the hope of the Committee of Experts that the provisions of the Criminal Code and of the Act of 23 December 1991 establishing a charter of political parties will be reviewed in accordance with the Convention. We therefore expect that in the framework of the reform undertaken, the Government will either clearly restrict the scope of the mentioned provisions to situations connected with the use of violence or incitement to violence, or repeal penalties involving compulsory labour to ensure that their application in practice does not lead to the violation of the Convention.
Finally, we request the Government to provide information to the ILO on any conviction handed down under the above-mentioned provisions, on the acts giving rise to the convictions, as well as on the penalties imposed for participating in demonstrations on public thoroughfares.
The EU and its Member States remain committed to a joint constructive engagement with Guinea to address the issues raised in order to comply with the Convention.
Government member, Switzerland – Switzerland expresses its deep concern regarding the provisions of Guinean legislation that establish prison sentences involving compulsory labour. Against a backdrop of deteriorating human rights marked, inter alia, by a high number of arrests of demonstrators, political opponents and members of civil society, these provisions can be applied to punish persons who have expressed their opposition to the established political, social or economic order.
In this regard, Switzerland would like to recall that freedom of opinion and expression, and freedom of assembly and association, are fundamental rights that must not be trampled. Furthermore, in accordance with Article 1 of the Convention, the exercise of these freedoms – for example, during peaceful protests – must not result in prison sentences involving compulsory labour.
While expressing its deep concern, with regard to both the legislative framework in force and the repression of Guinean demonstrators and opponents, Switzerland hopes that the broad reform undertaken by the Government will lead to significant legislative amendments. The Government must ensure that, in close consultation with the social partners, future legislative provisions will be in full compliance with the standards guaranteed by the Convention. Lastly, Switzerland also calls on the Government to communicate actively with regard to any measure taken or progress made in this respect.
Worker member, Senegal – I am speaking on behalf of the workers of Senegal in order to offer our support and solidarity to the workers of the Republic of Guinea with regard to the application of the Convention in their country. We wish to welcome the remarkable work carried out by the Committee of Experts on the matter.
We note the information provided by the Government, in particular on the proposed reform of the legal framework. It is important to underscore, however, that despite the commitments undertaken, the situation regarding freedom of expression and association continues to deteriorate, which could lead to prison sentences involving compulsory labour in accordance with Decrees No. 247/72/PREG of 20 September 1972 concerning the establishment and structure of the prison administration and No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PREG, and the Criminal Code of 2016. Our concern is all the more justified given that the Government is restricting civic space and stepping up the number of arrests of trade union leaders who may be subjected to compulsory labour if the current legal framework is not amended.
Recently we witnessed the arbitrary arrests of journalists, including the Secretary-General of the SPPG, Sékou Jamal Pendessa, for having called for demonstrations against the restrictions affecting the internet and the media in Guinea. An endless list of violations of the right to freedom of expression and peaceful assembly demonstrates the willingness of the authorities to bring the opposition to heel. Those who protest against such violations are arrested and detained arbitrarily. The Government is threatening to withdraw the accreditation of trade union organizations involved in unauthorized protests, even though all protests have been prohibited since May 2022 in Guinea. Trade union leaders are accused, through smear campaigns, of acting on behalf of political actors or civil society.
Furthermore, articles 363 to 366 of the Criminal Code regarding defamation and insult constitute a genuine threat to the freedom of trade union leaders. Given the current situation in the Republic of Guinea, it is necessary to request, as a matter of urgency, the Government to take measures to ensure the freedom and safety of workers, while complying in law and in practice with the Convention. In our view, this will mean:
  • stopping all arrests and harassment of trade union leaders and members;
  • ceasing the smear campaigns against trade union organizations;
  • respecting trade union freedom, freedom of association and freedom of expression;
  • implementing a genuine policy of social dialogue with the social partners with regard to addressing the concerns of the world of work;
  • cooperating with the social partners to reform the legal framework, taking the necessary measures and abolishing all sentences involving compulsory prison labour.
Government member, Cameroon – Cameroon has taken note of the comments on Guinea contained in the Committee of Experts’ report. We welcome the fact that the Government has duly noted the allegations against it in relation to the application of the Convention. The Government has committed to adopting the necessary measures to ensure that no sentence involving compulsory labour, particularly in the context of a prison sentence, the expression of political opinions or a peaceful protest in ideological opposition to the established system, is actually applied.
Some provisions of the Criminal Code, in particular article 38, establish three types of alternative sentences for offences: day fines, community work and compensatory penalties. Community work, which consists of carrying out work for the benefit of the community, is applied in many countries, although it has often been abused. The Government maintains that community work is strictly supervised to prevent it from being equated with hard labour, which is prohibited by national laws and the Constitution.
Article 44 of the Criminal Code establishes that community work cannot be imposed on accused persons who refuse or are not present at the hearing. The person concerned is reminded of their right to refuse after the conviction is issued and the penalty has been set.
Guinea is committed to applying the recommendations of the Committee of Experts though a series of reforms based on the adoption of a new Constitution and the revision of the political system.
Furthermore, public protests must be carried out in compliance with the law in order to avoid any abuse or manipulation of opinion.
We also invite the Government to avail itself of ILO technical assistance for its proposed legislative reform and in order to conduct participatory, structured and constructive social dialogue among the tripartite constituents.
Worker member, Botswana – I will be speaking on behalf of the workers of Botswana under the two federations: the Botswana Federation of Trade Unions (BFTU) and the Botswana Federation of Public, Private and Parastatal Sector Unions (BOFEPUSU).
We take note that Guinea did indeed ratify the Convention in 1961. However, 63 years after ratification, there are still laws or provisions of the law that permit work to be exacted from persons under the menace of penalties in Guinea.
The Decrees of September 1972, and November 1981 and the Criminal Code of 2016 are clear examples of such laws. Our emphasis is not on the statistics on the number of cases in which these laws have been applied and created victims; rather, their existence in legislation in Guinea is the main worry.
What is even more worrying is that they are prone to abuse and subjective in nature. To give an example, one can be charged for what may be termed insulting behaviour towards the Head of State, officers of the law, the national anthem or the national or a foreign flag. The question then is: how do we arrive at agreeing on what constitutes an insult? On one extreme, the laws are, or can be, used against any demonstrations in the country. We note the response of the Government to the Committee of Experts’ report that there have been no convictions by virtue of the said laws or provisions, but we are aware of the arrest, detention and subsequent conviction of Sékou Jamal Pendessa, the Secretary-General of the SPPG, on 19 January 2024.
We take this time to implore the Government to look into repealing such laws and conform to the dictates of the Convention, as stated in the report. Further, we implore the Government to engage in social dialogue with all the social partners in this process of review.
It is only through social dialogue that this process of review can be meaningful and reflect the needs and aspirations of all. A meaningful social dialogue in line with the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) is what we desire and, most importantly what the process itself requires.
Finally, we want to offer our solidarity to the labour movement in Guinea in their quest for these law reforms which have the potential to harm their freedom to express themselves freely and associate without any fear.
Worker member, Philippines – Our solidarity to the workers of Guinea. The Worker members of the Philippines take the floor to stress the urgent need for the Government to strengthen its labour inspection regime, especially regarding its obligations under the Convention, which was ratified in 1961.
Forced labour is a severe violation of human rights and an affront to individual dignity and freedom. Article 1, paragraph (a) of the Convention explicitly prohibits prison sentences involving compulsory labour as punishment for expressing political views or views opposed to the established political, social or economic system.
Despite this, several provisions in Guinea’s national legislation still impose prison sentences involving compulsory labour for such activities. This is unacceptable and must be addressed immediately.
A country can only claim to be genuinely committed to combating forced labour if it has a robust labour inspection system. In Guinea, the current state of the labour inspection regime falls short of the standards under the Convention.
While it was reported that the Government significantly increased the budget for labour inspections in 2022 to over 15 times the 2021 budget, the labour inspectorate continued to maintain only a single vehicle and provided insufficient resources for fuel, restricting the labour inspectorate’s ability to conduct labour inspections. The number of inspectors decreased from 167 in 2021 to 159 in 2022. Despite the budget increase, it remains unclear where the additional funds were allocated.
Article 2 of the Convention requires each member that has ratified the Convention to take effective measures to secure the immediate and complete abolition of forced or compulsory labour. A robust labour inspection system in Guinea must be reinforced with sufficient human resources. The number of inspectors should be increased to ensure comprehensive coverage across all sectors.
They must be well-trained to identify and address instances of forced labour, and they should be empowered to conduct thorough investigations without fear of retribution.
In 2022, it was reported by the United States Department of Labor that the labour inspectorate conducted inspections in Conakry, Boke in Lower Guinea, and Siguiri in Upper Guinea. The sectors inspected included mining, education, health and auto garages. However, inspections were uneven and irregular. There was no evidence that the Government conducted inspections in the agricultural sector, where child labour is known to be rampant. Information is wanting on the number of child labour violations found, penalties imposed and penalties collected.
The Government’s commitment to reforming the laws within the framework of state restructuring is commendable, but words must be translated into tangible actions. The Committee of Experts expects Guinea to provide detailed information on any convictions handed down and the acts that led to such convictions. Transparency and accountability are critical in this regard.
Likewise, public awareness and education are crucial for an effective labour inspection system. The Government should amplify and broaden awareness campaigns, focusing especially on vulnerable populations and employers. These campaigns should educate citizens about their rights and the legal consequences of forced labour. Additionally, awareness efforts should reach the security sector, which often hinders people’s freedom of expression. Expanding these initiatives can empower individuals and create a more informed and vigilant society against labour exploitation.
Actions, not promises, will measure Guinea’s commitment to the Convention. A robust labour inspection system is crucial. We urge the Government to take immediate steps to reinforce its labour inspection regime, eradicate forced labour and uphold the rights and dignity of all individuals.
Chairperson – I can see no more requests for the floor, so now I invite the distinguished representative of the Government to take the floor for his concluding remarks.
Government representative – I would like to begin by recalling Article 1 of the Convention, which reads, and I quote: “Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress and not to make use of any form of forced or compulsory labour: (a) 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; (b) as a method of mobilising and using labour for purposes of economic development; (c) as a means of labour discipline; (d) as a punishment for having participated in strikes; (e) as a means of racial, social, national or religious discrimination.”
I think that this must be recalled to ensure that our discussion remains on the subject of the comments of the Committee of Experts on the use of forced labour in our country. As I recalled in my previous statement, reference is being made to certain laws that are no longer in force in Guinea. The Decree of 1972 has been abrogated, as has the Decree of 1981. The provisions of Decree No. 305 replace all the provisions of the Decrees of 1972 and 1981. We should not spend time on legislation that is no longer in force in my country. In terms of respect for fundamental rights, I would like to highlight our robust legislative framework, which forms a very solid foundation for the protection of human beings from labour exploitation. That legislation strongly prohibits all forms of forced or compulsory labour, which is no longer imposed in Guinea. To demonstrate our conviction and our compliance with all international human rights instruments, I would like to point out that Guinea has ratified the main international and regional legal human rights instruments, including the Universal Declaration of Human Rights of 1948; the International Covenant on Civil and Political Rights of 1966; the International Covenant on Economic, Social and Cultural Rights of 1966; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984; the Committee on the Elimination of Discrimination against Women of 1979; the Convention on the Rights of the Child of 1989 and the African Charter on Human and Peoples' Rights of 21 October 1986. Today, we have a Constitution, the Transitional Charter, that strengthens these international commitments of the State in the area of human rights protection.
In addition to this Transitional Charter, Guinea has an array of legal instruments that protect human rights, such as the current Criminal Code, which revokes all the provisions of the various codes that preceded it and the Code of Criminal Procedure. The Civil Code, moreover, complies fully with all international human rights instruments. The Government has established a national committee to combat trafficking in persons. I would like to acknowledge the EU, which has funded the implementation of this programme, thereby facilitating the setting up of a mechanism for operating procedures relating to the referral, identification, guidance and care of victims of trafficking in Guinea.
Forced labour is one of the practices linked to trafficking in persons. This all serves to illustrate the country’s institutional legal provisions that promote respect for human rights. With regard to the institutions responsible for promoting social dialogue, Guinea has been successful in recent years in establishing the National Social Dialogue Council to strengthen social dialogue and promote it among actors, that is, the tripartite constituents: the Government, trade unions and employers. The Council is currently operational and resourced.
Freedom of association is intertwined with the history of Guinea. It was the trade union movement that gave Guinea its independence. Guinea could never challenge the exercise of trade union rights. The first President of Guinea was a trade union leader. If you look at the table of countries that have ratified the Convention, Guinea is among the first. We joined the ILO one year after our country gained independence. I am sharing all this information to stress our political will to respect human rights and the exercise of trade union rights in our country. Today, we are one of the few countries that support trade union organizations, which are included in the annual national development budget so as to afford them State funding for the implementation of their action plans, with the aim of improving working conditions and also engaging in dialogue with the different tripartite constituents. I recall that Guinea does not impose forced labour, in any form. Reference has been made to particular events relating to journalists; it is true that the journalist Mr Pendessa was arrested.
We are a country, we are a Republic; there are laws. We cannot do whatever we want just because we have liberty, just as I cannot leave this room and start doing whatever I want. I must respect your liberties. We have regulations that monitor trade union activity, political activity, civil society activity and the activity of social actors. As our trade union colleagues in the room know, the current Government is making great effort to respect, and ensure respect for, these types of regulations. Turning to the media: there are currently more than 20 private radio stations in Guinea. We have around ten national television stations in operation. But a radio station that has been set up still has rules to follow. You are signing up to terms of reference. When you violate those terms, which are a standard requirement in all countries, you receive the relevant sanctions, and that is what is being imposed today. There are two or three media outlets that are subject to these sanctions.
At the institutional level, it should be noted that we have an authority responsible for regulating the sector which applies disciplinary measures, rather than criminal measures. We have the High Authority for Communication, which questions journalists and media organizations that violate regulations. Arbitration must take place, and, in most cases, journalists recognize the error of their ways. Mechanisms are established through dialogue and consultation to ensure that order is restored. This allows mechanisms to be put in place to strengthen skills and professionalization in the media. Beyond that, I would like to recall one fact: we have spoken about the closure of radio stations. Press organizations are aware. They themselves recently decided, and you can find this on the internet, that a self-regulatory body should be established, because there is misconduct. Do not forget that Guinea is working to ensure internal stability, but also subregional stability. We border the Sahel. Subregional stability in West Africa depends on the peace and stability guaranteed in Guinea. For that reason, we must not allow a journalist, or any actor, including government actors, to commit acts that create instability in the country and instability in the subregion.
Guinea respects all the principles of fundamental rights, Guinea respects all principles in line with international human rights instruments, but we are a well-run republic, and we require all actors to respect republican principles. I will conclude my remarks by assuring you that Guinea will continue its reforms. I am sure, after all the statements made, that each speaker has noted that we have a legislative framework that abolishes forced labour, that abolishes compulsory labour. We commend all those speakers who have recognized the efforts under way at the government level. On that note, I reiterate Guinea’s call for the ILO to continue to support it in strengthening its legislative and institutional framework, strengthening social dialogue – as I stated a short while ago, we have a National Social Dialogue Council – and strengthening its capacities so that the Council can further promote social dialogue for the benefit of human rights and the improvement of working conditions. Once more, please accept that Guinea does not today impose forced labour or compulsory labour.
Worker members – The Worker members repeat their concern at the deteriorating situation of human and trade union rights in Guinea, as reflected in several reports. Demonstrations on public thoroughfares have been prohibited since 13 May 2022. Press organizations are attacked and forced to close. Civil liberties are heavily curtailed, and all acts of opposition are swiftly repressed by the authorities.
We also note with concern and worry the conviction and imprisonment of the SPPG Secretary-General, Sékou Jamal Pendessa, who was subjected to hard labour during his detention. We must take into account the comments of the Committee of Experts, in a direct request in a similar case adopted in 2019 and published at the 109th (2021) Session of the International Labour Conference, on the impact on the application of the Convention of criminal sanctions involving compulsory work. The Committee of Experts recalled that the Convention does not only protect persons who express political views from sentences of forced labour, but it also prohibits in general the imposition of compulsory labour on such persons. This is the case when persons who express political views are given prison sentences and national legislation also provides for compulsory labour in prisons.
In this context, which we consider to be repressive, we note that criminal law in Guinea contains provisions that run contrary to Article 1(a) of the Convention, which covers prison sentences involving compulsory labour; these sentences may be imposed for acts or behaviour through which persons express views or oppose the established political, social or economic system or for participating in an undeclared or unauthorized demonstration.
It is vital to ensure that no one is punished through forced labour for having expressed political views or participated in peaceful demonstrations. The State must create the material and institutional conditions required to give full effect to the prohibition of forced labour, in law and in practice, starting by updating its legislation and aligning it with the fundamental Conventions, particularly the Convention at hand, that is, Convention No. 105.
The Government has confirmed that some Decrees – at least two – have been abrogated. We call on the Government to give full effect to the comments of the Committee of Experts and to review, without delay, articles 363 to 366, 629 to 637, 658 to 660, 662 to 665 and 689 to 703 of the Criminal Code and articles 30 and 31 of Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties. We also call on the Government to accept a direct contacts mission.
Employer members – The Employer members remind the Committee that the Convention is a fundamental Convention and, therefore, requires special attention and consideration by the ILO, governments, workers, and employers. The Employer members emphasize the importance of prohibiting punishment, by way of forced labour, of persons who hold or express political opinions or who hold or express opinions that are ideologically opposed to the established political, social or economic system. The Employer members recommend that the Government:
  • take necessary measures, including through a review in consultation with employers’ and workers’ organizations, of the related legislative provisions to ensure that no person is punished, by way of compulsory labour, for holding or expressing political views or views ideologically opposed to the established political, social, or economic system;
  • provide the Committee of Experts with the requested information on any convictions for the offences outlined in the national legislative provisions noted in the comments of the Committee of Experts, including the alleged acts or behaviours underlying those convictions;
  • request to avail itself of technical assistance from the ILO to address legislative gaps through tripartite consultations and to build capacities within the Government.
We trust that the Government will provide the requested information by 1 September and adopt the measures indicated by this Committee in a timely manner.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.
The Committee deeply deplored the deterioration of trade union rights in the country.
Taking into account the discussion, the Committee urged the Government to take effective and time-bound measures, in consultation with the representative employers’ and workers’ organizations, to:
  • quash the convictions brought against Sékou Jamal Pendessa, Secretary-General of the Guinean Press Professionals’ Union (SPPG);
  • ensure that no punishments involving compulsory labour, including as part of a prison sentence, may be imposed on persons who express certain political opinions or who peacefully express views ideologically opposed to the established system, including in the context of peaceful public demonstrations;
  • take necessary measures, including through a review of the relevant provisions of the Criminal Code and of the Act of 23 December 1991 establishing a charter of political parties in order to restrict the scope of these provisions to meet the requirements of Article 1(a) of the Convention; and
  • provide information on (i) any convictions handed down under the above-mentioned provisions, including the alleged acts giving rise to the convictions and the penalties imposed; and (ii) specific penalties imposed for violating the prohibition on demonstrations on public thoroughfares.
The Committee invited the Government to avail itself of ILO technical assistance to address the issues identified and to report the requested information by 1 September 2024.
Government representative – The Government of the Republic of Guinea thanks the delegates who participated in the examination of the individual case on our country with regard to the criticisms of the Committee of Experts concerning the alleged violation of certain provisions of the Convention. The Government notes the failure to take into account certain efforts made to comply with the Convention. The Republic of Guinea, which is constantly striving to bring its national legislation into conformity with international labour standards, notes the recommendations made by members of the Committee, governments and social partners following the examination of this case. It commits to taking measures to provide all the information requested by the Committee by 1 September 2024. The Government wishes to avail itself of ILO technical assistance in order to continue to honour its commitments regarding the application of labour standards.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(a) of the Convention. Freedom of association. The Committee previously noted the Government’s information that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of Act No. L/2005/013/AN issuing regulations for associations, by assuming the administration of an association without agreement or maintaining an association after its dissolution shall be liable to imprisonment or a fine, or to one of those penalties (section 37 of the Act, which, according to the Government, refers to the provisions of section 593 of the Criminal Code). The Committee therefore noted that prison sentences involving compulsory labour (under Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG, and the 2016 Criminal Code) could be imposed for infringements of the provisions of the Act establishing the system of associations. It requested the Government to provide information on the application in practice of section 37 of the Act.
The Government indicates in its report that no conviction has been handed down under section 37 of the Act establishing the system of associations. The Committee also notes that, in its concluding observations of 30 March 2020, the United Nations Committee on Economic, Social and Cultural Rights refers to a preliminary bill intended to amend Act No. L/2005/013/AN of 4 July 2005 on the system of associations (E/C.12/GIN/CO/1). The Committee takes this opportunity to recall that, under the terms of Article 1(a) of the Convention, no penalty involving compulsory labour, including compulsory prison labour, may be imposed on persons for holding or expressing political views or for expressing their ideological opposition to the established political, social or economic system. The Committee requests the Government to continue providing information on any criminal penalty handed down for violations of the provisions of Act No. L/2005/013/AN establishing the system of associations (under section 37 of the Act), and, where possible, on the acts giving rise to these convictions. It also requests the Government to provide a copy of any new legislation amending the Act establishing the system of associations.
Communication of legislation. The Committee requests the Government to provide a copy of Decree No. 2016/309/PRG/SGG of 31 October 2016 establishing the prison regulations, and of any other text governing prison labour.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously referred to several provisions of national legislation providing for prison sentences involving compulsory labour – under Decree No. 247/72/PREG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG, and the 2016 Criminal Code – for certain activities within the scope of application of Article 1(a) of the Convention. It noted the Government’s indications that some of these provisions were applied in practice, and requested the Government to ensure that no sanctions involving compulsory labour may be imposed, under the application of the following provisions, on persons who peacefully express views ideologically opposed to the established political, social or economic system:
  • sections 363–366 of the Criminal Code, concerning defamation and abuse;
  • sections 629, 630(1) and (2), 632(1), 634, 636(1) and (2) and 637 of the Criminal Code concerning organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related peaceful activities;
  • sections 658–660, 662–665 and 739(1) of the Criminal Code, concerning insulting behaviour towards the Head of State and officers of the law, and towards the national anthem or the national or a foreign flag;
  • sections 689–703 of the Criminal Code concerning breaches of public order caused by religious ministers in the performance of their ministry;
  • sections 30 and 31 of Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties, concerning the act of founding, directing or administering a political party in violation of the law, or directing or administering a dissolved political party by maintaining or reconstituting it.
The Government indicates in its report that no prosecutions have been brought and therefore no convictions handed down on the basis of the above provisions. It states that, although no measure has been envisaged to limit the scope of application of these provisions, the Government will undertake a substantive reform to this end, within the framework of the restructuring of the State. The Government also indicates that no press-related offences have been punished by compulsory prison labour. It adds that awareness-raising campaigns are regularly organized by press associations as part of the dissemination of Organic Act No. L/2010/02/CNT of 22 June 2010 on freedom of the press, through interactive broadcasts and debates via radio and television channels. A significant number of judges and magistrates have participated in training in this regard.
The Committee also notes that, by decision of 13 May 2022, the transitional government prohibited any demonstration on public thoroughfares likely to compromise the social peace and the proper development of the activities in its calendar, specifying that any breach of this order would entail legal consequences against the perpetrator(s). In this regard, the Committee notes that in a letter addressed to the President of the Republic on 15 August 2022, the United Nations High Commissioner for Human Rights expressed his deep concern at recent developments in the human rights situation in the country, referring to a large number of arrests of demonstrators, including members of the political opposition and civil society. The High Commissioner also referred to a decision of the Government of 9 August 2022 aimed at dissolving the National Front for the Defence of the Constitution (FNDC), a collective of opposition political parties, trade unions and civil society organizations, which had initiated demonstrations.
The Committee requests the Government to take the necessary measures to ensure that no punishments involving compulsory labour, including as part of a prison sentence, may be imposed on persons who express certain political opinions or who peacefully express views ideologically opposed to the established system, including in the context of peaceful public demonstrations. The Committee hopes that, within the framework of the reform undertaken by the Government, the above provisions of the Criminal Code and of the Act of 23 December 1991 establishing a charter of political parties will be reviewed taking account of the requirements of the Convention, either by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing penalties involving compulsory labour. In the meantime, the Committee requests the Government to provide information on any convictions handed down under the above-mentioned provisions, and on the acts giving rise to the convictions. The Committee also requests the Government to specify the penalties imposed on persons who violate the prohibition on demonstrations on public thoroughfares.
The Committee is raising other matters in a request addressed directly to the Government.

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

Article 1(a) of the Convention. Freedom of association. The Committee previously noted Act No. L/2005/013/AN issuing regulations for associations. It noted that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee asked the Government to indicate the provisions laying down the criminal penalties to which section 37 refers.
The Committee notes the Government’s indication that the criminal penalties to which section 37 refers are defined in section 593 of the new Penal Code. It notes that the penalties set forth in section 593 of the Penal Code establish a prison sentence from six months to three years and a fine from 500,000 to 5,000,000 Guinean francs, or one of these two penalties alone. The Committee recalls that, under Article 1(a) of the Convention, persons who hold or express political views or views ideologically opposed to the established political, social or economic system cannot be punished by means of prison sentences involving labour, such as the prison sentences established in section 593 of the Penal Code. The Committee requests the Government to provide information on the manner in which section 37 of Act No. L/2005/013/AN issuing regulations for associations is applied in practice, including by sending a copy of any judicial decision that refers to it, so that it may assess to what extent these measures are compatible with the provisions of the Convention.

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

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as a punishment for holding or 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. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged. The Committee asked the Government to provide information on the application in practice of certain provisions of Act No. 98/036 of 31 December 1998 issuing the Penal Code, Act No. 91/02/CTRN establishing a charter of political parties and Act No. 91/05/CTRN on freedom of the press, under the terms of which certain activities may be punished by prison sentences involving compulsory labour in circumstances which are covered by the Convention.
The Committee notes the Government’s indications, in its report, that a large number of provisions of the Penal Code of 1998 allowing the imposition of prison sentences involving compulsory labour have been maintained in Act No. 2016/059/AN of 26 October 2016 issuing the new Penal Code. The Government provides information on their application in practice. The provisions in question are as follows:
  • -Sections 629, 630(1) and (2), 632(1), 634, 636(1) and (2) and 637 of the Penal Code of 2016, replacing sections 111(1) and (2), 113(1), 116, 109(1) and (2) and 121 of the Penal Code of 1998, which establish prison sentences for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related peaceful activities. The Committee notes the Government’s indication that these provisions have often been applied, during criminal proceedings resulting from unauthorized public political demonstrations. It notes the Government’s indication, in its report submitted to the Human Rights Committee in October 2017, that the legal framework for the right of peaceful assembly is set out in the Penal Code and in Act No. 2015/009/AN of 4 June 2015 on maintaining public order. The Government acknowledges in this regard that certain meetings can be prohibited and dispersed on vague grounds that can easily be misused, for example, if the meeting “might disturb the public peace” (CCPR/C/GIN/3, paragraph 216).
  • -Section 704 of the Penal Code of 2016, reiterating section 214 of the Penal Code of 1998, concerning charlatanism, which provides that anyone who indulges in practices relating to sorcery, magic or charlatanism likely to disrupt public order or adversely affect persons or property shall be liable to imprisonment ranging from one to five years. The Committee notes the Government’s indication that this section has been applied on several occasions, and that the definition of this offense does not pose a particular problem.
  • -Sections 689–703 of the Penal Code of 2016, reiterating sections 215–220 of the previous Penal Code, concerning breaches of public order caused by religious ministers in the performance of their ministry, which provides that any religious minister delivering an address at a public gathering containing remarks likely to disturb the peace or disrupt public order shall be liable to imprisonment ranging from three months to two years. The Government indicates that it has no knowledge of these sections being applied, owing to the country’s religious tolerance.
  • -Sections 659, 662–665 and 739(1) of the new Penal Code, replacing sections 232 and 234–238 of the Penal Code of 1998, as well as section 658 of the new Penal Code, concerning insulting behaviour towards officials in authority and officers of the law, which provides that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to three years. The Government indicates that section 659 has been applied on several occasions, as a result of offenses committed by citizens against the Head of State.
  • -Sections 363–366 of the Penal Code of 2016, previously sections 371–374, concerning defamation and abuse. The Committee notes that, according to the Government, these provisions are often used as a result of various acts of defamation and abuse likely to put individuals at odds.
The Committee takes due note of the Government’s indication that section 517(17) of the previous Penal Code, which provided that anyone who opposed, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, should be liable to imprisonment ranging from one to 15 days, has been removed from the new Penal Code. The Committee notes that other provisions of the new Penal Code of 2016 allow the imposition of prison sentences involving compulsory labour in circumstances which are covered by the provisions of the Convention, particularly section 660, which establishes a prison sentence ranging from 16 days to six months for any public insult to the national anthem, the national flag or a foreign flag.
The Committee notes the absence of information from the Government on the application in practice of sections 30 and 31 of Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties, which state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to prison sentences involving compulsory labour.
The Committee notes with interest that Organic Act No. L/2010/02/CNT of 22 June 2010 on freedom of the press, which replaced Organic Act No. 91/05/CTRN of 23 December 1991, no longer establishes prison sentences for press-related offenses. It notes that, in its report submitted to the Human Rights Committee in October 2017, the Government indicates that the press and printing presses operate in freedom and that there are 43 independent radio stations and a large number of newspapers in the country. The Government also acknowledges that isolated cases of violations of freedom of opinion and expression have occasionally been reported, including arrests of journalists (CCPR/C/GIN/3, paragraphs 202 and 203).
With reference to its 2012 General Survey on the fundamental Conventions (paragraphs 302 and 303), the Committee recalls that the range of activities which must be protected from punishment involving compulsory labour, under Article 1(a) of the Convention, 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, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. It also emphasizes that the Convention does not prohibit the application of punishments involving compulsory labour to persons who use violence, incite violence or prepare acts of violence. The Committee therefore requests the Government to take the necessary measures to ensure that no punishments involving compulsory labour are imposed, in law or practice, on persons who peacefully express views ideologically opposed to the established political, social or economic system. In this regard, it requests the Governments to amend the aforementioned sections of the Penal Code, by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing punishments involving compulsory labour. It requests the Government to provide information on any progress made in this respect. It also requests the Government to take the necessary measures to ensure that in practice press-related offences are not punished with compulsory prison labour. Lastly, the Committee requests the Government to indicate how section 660 of the Penal Code and sections 30 and 31 of Act No. 91/02/CTRN establishing a charter of political parties are applied in practice, and to provide a copy of Act No. 2015/009/AN on maintaining public order.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2007. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.
Article 1(a) of the Convention. 1. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:
  • – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non violent activities;
  • – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
  • – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
  • – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
  • – sections 371–374, concerning defamation and abuse;
  • – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
  • – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour; and
  • – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).
The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:
  • – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
  • – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
  • – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
  • – section 63, concerning the hawking of prohibited printed material;
  • – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;
  • – section 68, concerning seditious cries or chants uttered in public places or gatherings;
  • – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
  • – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
  • – section 71, concerning insulting behaviour towards the President of the Republic;
  • – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
  • – section 73, which penalizes public decency offences by one of the means set forth in section 64; and
  • – sections 74–79, concerning defamation and abuse.
With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.
2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.
Article 1(a) of the Convention. 1. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:
  • – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non violent activities;
  • – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
  • – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
  • – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
  • – sections 371–374, concerning defamation and abuse;
  • – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
  • – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour; and
  • – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).
The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:
  • – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
  • – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
  • – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
  • – section 63, concerning the hawking of prohibited printed material;
  • – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;
  • – section 68, concerning seditious cries or chants uttered in public places or gatherings;
  • – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
  • – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
  • – section 71, concerning insulting behaviour towards the President of the Republic;
  • – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
  • – section 73, which penalizes public decency offences by one of the means set forth in section 64; and
  • – sections 74–79, concerning defamation and abuse.
With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.
2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

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

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.
The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.
Article 1(a) of the Convention. 1. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:
  • – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non violent activities;
  • – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
  • – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
  • – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
  • – sections 371–374, concerning defamation and abuse;
  • – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
  • – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour; and
  • – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).
The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:
  • – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
  • – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
  • – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
  • – section 63, concerning the hawking of prohibited printed material;
  • – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audio-visual communication;
  • – section 68, concerning seditious cries or chants uttered in public places or gatherings;
  • – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
  • – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
  • – section 71, concerning insulting behaviour towards the President of the Republic;
  • – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
  • – section 73, which penalizes public decency offences by one of the means set forth in section 64; and
  • – sections 74-79, concerning defamation and abuse.
With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.
2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.
The Committee further 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 matters raised in its previous comments.
The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.
Article 1(a) of the Convention. 1. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:
  • – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non violent activities;
  • – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
  • – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
  • – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
  • – sections 371–374, concerning defamation and abuse;
  • – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
  • – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour; and
  • – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).
The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:
  • – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
  • – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
  • – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
  • – section 63, concerning the hawking of prohibited printed material;
  • – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;
  • – section 68, concerning seditious cries or chants uttered in public places or gatherings;
  • – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
  • – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
  • – section 71, concerning insulting behaviour towards the President of the Republic;
  • – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
  • – section 73, which penalizes public decency offences by one of the means set forth in section 64; and
  • – sections 74–79, concerning defamation and abuse.
With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.
2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 matters raised in its previous direct request, which read as follows:
Repetition
The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.
Article 1(a) of the Convention. 1. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:
  • – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non violent activities;
  • – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
  • – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
  • – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
  • – sections 271–374, concerning defamation and abuse;
  • – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
  • – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;
  • – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).
The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:
  • – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
  • – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
  • – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
  • – section 63, concerning the hawking of prohibited printed material;
  • – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;
  • – section 68, concerning seditious cries or chants uttered in public places or gatherings;
  • – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
  • – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
  • – section 71, concerning insulting behaviour towards the President of the Republic;
  • – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
  • – section 73, which penalizes public decency offences by one of the means set forth in section 64;
  • – sections 74–79, concerning defamation and abuse.
With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.
2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

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

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 matters raised in its previous direct request, which read as follows:
Repetition
The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.
Article 1(a) of the Convention. 1. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:
  • – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;
  • – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
  • – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
  • – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
  • – sections 271–374, concerning defamation and abuse;
  • – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
  • – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;
  • – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).
The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:
  • – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
  • – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
  • – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
  • – section 63, concerning the hawking of prohibited printed material;
  • – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;
  • – section 68, concerning seditious cries or chants uttered in public places or gatherings;
  • – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
  • – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
  • – section 71, concerning insulting behaviour towards the President of the Republic;
  • – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
  • – section 73, which penalizes public decency offences by one of the means set forth in section 64;
  • – sections 74–79, concerning defamation and abuse.
With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.
2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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 matters raised in its previous direct request, which read as follows:
Repetition
The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.
Article 1(a) of the Convention. 1. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:
  • – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;
  • – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
  • – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
  • – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
  • – sections 271–374, concerning defamation and abuse;
  • – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
  • – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;
  • – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).
The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:
  • – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
  • – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
  • – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
  • – section 63, concerning the hawking of prohibited printed material;
  • – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;
  • – section 68, concerning seditious cries or chants uttered in public places or gatherings;
  • – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
  • – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
  • – section 71, concerning insulting behaviour towards the President of the Republic;
  • – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
  • – section 73, which penalizes public decency offences by one of the means set forth in section 64;
  • – sections 74–79, concerning defamation and abuse.
With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.
2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

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

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 matters raised in its previous direct request, which read as follows:

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

–      sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;

–      section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;

–      sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;

–      sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;

–      sections 271–374, concerning defamation and abuse;

–      section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;

–      section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;

–      section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

–      sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;

–      section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);

–      section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;

–      section 63, concerning the hawking of prohibited printed material;

–      section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;

–      section 68, concerning seditious cries or chants uttered in public places or gatherings;

–      section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;

–      section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;

–      section 71, concerning insulting behaviour towards the President of the Republic;

–      section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;

–      section 73, which penalizes public decency offences by one of the means set forth in section 64;

–      sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

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

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 matters raised in its previous direct request, which read as follows:

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1, subparagraph a, of the Convention. 1. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

–      sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;

–      section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;

–      sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;

–      sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;

–      sections 271–374, concerning defamation and abuse;

–      section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;

–      section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;

–      section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

–      sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;

–      section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);

–      section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;

–      section 63, concerning the hawking of prohibited printed material;

–      section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;

–      section 68, concerning seditious cries or chants uttered in public places or gatherings;

–      section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;

–      section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;

–      section 71, concerning insulting behaviour towards the President of the Republic;

–      section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;

–      section 73, which penalizes public decency offences by one of the means set forth in section 64;

–      sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

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

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:

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. 1. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

–      sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;

–      section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;

–      sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;

–      sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;

–      sections 271–374, concerning defamation and abuse;

–      section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;

–      section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;

–      section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

–      sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;

–      section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);

–      section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;

–      section 63, concerning the hawking of prohibited printed material;

–      section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;

–      section 68, concerning seditious cries or chants uttered in public places or gatherings;

–      section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;

–      section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;

–      section 71, concerning insulting behaviour towards the President of the Republic;

–      section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;

–      section 73, which penalizes public decency offences by one of the means set forth in section 64;

–      sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

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

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. 1. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

–      sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;

–      section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;

–      sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;

–      sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;

–      sections 271–374, concerning defamation and abuse;

–      section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;

–      section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;

–      section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

–      sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;

–      section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);

–      section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;

–      section 63, concerning the hawking of prohibited printed material;

–      section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;

–      section 68, concerning seditious cries or chants uttered in public places or gatherings;

–      section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;

–      section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;

–      section 71, concerning insulting behaviour towards the President of the Republic;

–      section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;

–      section 73, which penalizes public decency offences by one of the means set forth in section 64;

–      sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

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

Article 1(a) of the Convention. Penalties of imprisonment involving compulsory work for the expression of political views. The Committee has noted on several occasions the Government’s indications that a new Penal Code has been adopted and asked the Government to supply a copy. It has also asked the Government to provide copies of all legislation regarding prison labour. The Committee regrets that these texts have not been supplied, as they are needed to enable it to ascertain the application of the Convention. Hoping that they will be communicated with the next report, the Committee refers to its previous comments concerning the penalties, involving an obligation to work, which can (or could) be imposed under provisions of the Penal Code regarding the exercise of freedom of expression.

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

The Committee notes with regret that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

In previous comments, the Committee noted that detention or imprisonment could be imposed for infringements of certain provisions of the Penal Code (sections 71(4), 110, 111, 176 and 177) respecting the exercise of the right of expression. Penalties of detention or imprisonment applicable in the event of infringements of such provisions involve the obligation to work, under the terms of sections 14 and 28 of the Penal Code.

The Committee notes the Government’s statement that a new Penal Code has been adopted. The Committee hopes that the new text will bring the national legislation into conformity with the Convention and that the Government will provide a copy of it with its next report. The Committee also requests the Government to provide copies of any legislation respecting prison work.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

In previous comments, the Committee noted that detention or imprisonment could be imposed for infringements of certain provisions of the Penal Code (sections 71(4), 110, 111, 176 and 177) respecting the exercise of the right of expression. Penalties of detention or imprisonment applicable in the event of infringements of such provisions involve the obligation to work, under the terms of sections 14 and 28 of the Penal Code.

The Committee notes the Government’s statement that a new Penal Code has been adopted. The Committee hopes that the new text will bring the national legislation into conformity with the Convention and that the Government will provide a copy of it with its next report. The Committee also requests the Government to provide copies of any legislation respecting prison work.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

        In previous comments, the Committee noted that detention or imprisonment could be imposed for infringements of certain provisions of the Penal Code (sections 71(4), 110, 111, 176 and 177) respecting the exercise of the right of expression. Penalties of detention or imprisonment applicable in the event of infringements of such provisions involve the obligation to work, under the terms of sections 14 and 28 of the Penal Code.

        The Committee notes the Government’s statement that a new Penal Code has been adopted. The Committee hopes that the new text will bring the national legislation into conformity with the Convention and that the Government will provide a copy of it with its next report. The Committee also requests the Government to provide copies of any legislation respecting prison work.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

In previous comments, the Committee noted that detention or imprisonment could be imposed for infringements of certain provisions of the Penal Code (sections 71(4), 110, 111, 176 and 177) respecting the exercise of the right of expression. Penalties of detention or imprisonment applicable in the event of infringements of such provisions involve the obligation to work, under the terms of sections 14 and 28 of the Penal Code.

The Committee notes the Government’s statement that a new Penal Code has been adopted. The Committee hopes that the new text will bring the national legislation into conformity with the Convention and that the Government will provide a copy of it with its next report. The Committee also requests the Government to provide copies of any legislation respecting prison work.

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

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee has for many years been drawing the Government's attention to legislation which raises difficulties, as it seems to imply the use of forced or compulsory labour in circumstances referred to in Article 1 of the Convention. In particular, it has referred to Act No. 45/AN/69 of 1969 respecting the disclosure of professional secrets and the unlawful communication of state and party documents (in connection with Article 1(a), regarding political coercion or the expression of certain views); and Decree No. 416/PRG of 1964, concerning compulsory service to overcome technical and economic underdevelopment in the Republic, and Ordinance No. 52 of 1959, also concerning compulsory military service (in connection with Article 1(b), regarding the use of labour for purposes of economic development). More generally, the Committee asked the Government to provide copies of legislation relating to criminal procedure (Act No. 64/AN/69) and other matters relevant to the Convention. The Committee has noted the Government's indications that early legislation has fallen into disuse during the Second Republic, and is to be reviewed. It would be grateful if the Government would include in its next report full information on any resort to the legislation mentioned above and on any progress made in the revision process (including revision of the Penal Code), together with information on practical application of the Convention requested in Part V of the report form approved by the Governing Body.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee has for many years been drawing the Government's attention to legislation which raises difficulties, as it seems to imply the use of forced or compulsory labour in circumstances referred to in Article 1 of the Convention. In particular, it has referred to Act No. 45/AN/69 of 1969 respecting the disclosure of professional secrets and the unlawful communication of state and party documents (in connection with Article 1(a), regarding political coercion or the expression of certain views); and Decree No. 416/PRG of 1964, concerning compulsory service to overcome technical and economic underdevelopment in the Republic, and Ordinance No. 52 of 1959, also concerning compulsory military service (in connection with Article 1(b), regarding the use of labour for purposes of economic development). More generally, the Committee asked the Government to provide copies of legislation relating to criminal procedure (Act No. 64/AN/69) and other matters relevant to the Convention.

The Committee has noted the Government's indications that early legislation has fallen into disuse during the Second Republic, and is to be reviewed. It would be grateful if the Government would include in its next report full information on any resort to the legislation mentioned above and on any progress made in the revision process (including revision of the Penal Code), together with information on practical application of the Convention requested in point V of the report form approved by the Governing Body.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. For many years, the Committee has been commenting on certain provisions which are contrary to the Convention. In previous comments, it noted the Government's statement that the legal texts in question had fallen into abeyance and are due to be revised or repealed as part of the programme for the complete revision by stages of all laws and regulations. The Government stated that the following texts would be covered by this procedure:

- Decree No. 416/PRG of 22 October 1964, under which all persons between 16 and 25 years of age are placed in the service of the Organization for Works Centres of the Revolution, whose purpose is to overcome the technical and economic underdevelopment of the Republic;

- Act No. 45/AN/69 of 24 January 1969 respecting the disclosure of professional secrets and the unlawful communication of State and party documents;

- Act No. 64/AN/66 of 21 September 1966 to issue the Code of Criminal Procedure;

- and all legislation relating to prison labour, the maintenance of law and order, the press and publications, meetings and associations, vagrancy and idlers and the discipline of seafarers.

2. The Committee also referred previously to Ordinance No. 52 of 23 October 1959 laying down compulsory service, which may be military or non-military, for all male citizens. The Government indicated in earlier reports that there was no compulsory military service, but that students of both sexes performed one year's service devoted to military tasks; the Government also indicated that the service, which was compulsory, had become optional. The Committee noted that under sections 93 and 94 of the new Basic Act, promulgated on 31 December 1990 (Decree No. 250/90 and Act No. 2/91/001 of 1 August 1991, the Transitional National Recovery Council (CTRN) is empowered to enact legislation and take decisions with force of law. The Committee also noted the information supplied by the Government in its report in 1992 to the effect that a revision of the laws and regulations in use had begun. The Committee noted the Government's repeated affirmation of its political will to achieve the progressive harmonization of all the texts which are not in conformity with the Convention. In its last report, the Government indicates yet again that it has taken note of the Committee's comments and that all laws and regulations enacted before the adoption of the Basic Act will brought into line both with the provisions of the Act and with those of the Convention by the National Assembly which began its term on 5 October 1995. The Committee hopes that the Government will soon report progress made in bringing the texts addressed in its comments into conformity with the Convention. The Committee asks the Government to provide information on the provisions adopted for this purpose and to provide copies of the relevant texts.

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

1. The Committee has been commenting for many years on a number of provisions which are contrary to the Convention. In previous comments, it noted the Government's statement to the effect that the legal texts in question had fallen into abeyance and are due to be revised or repealed as part of the programme for the complete revision by stages of all laws and regulations. The Government stated that the following texts would be covered by this procedure:

- Decree No. 416/PRG 22 October 1964, under which all persons between 16 and 25 years of age are placed in the service of the Organization for Work Centres of the Revolution, whose purpose is to overcome the technical and economic underdevelopment of the Republic;

- Act No. 45/AN/69 of 24 January 1969 respecting the disclosure of professional secrets and the unlawful communication of State and Party documents;

- Act No. 64/AN/66 of 21 September 1966 to issue the Code of Criminal Procedure;

- and all legislation relating to prison labour, the maintenance of law and order, the press and publications, meetings and associations, vagrancy and idlers and the discipline of seafarers.

The Committee noted that under sections 93 and 94 of the new Basic Act of 31 December 1990 (Decree No. 250/90) and under Act No. 2/91/001 of 1 August 1991, the Transitional National Recovery Council (CTRN) is empowered to enact legislation and take decisions with force of law. The Committee also noted the information provided by the Government in its report in 1992 to the effect that a revision of the laws and regulations had been commenced.

The Committee notes that in its latest report the Government reaffirms its political will to achieve the progressive harmonization of all the texts which are not in conformity with the Convention.

The Committee hopes that the Government will soon report the progress achieved in bringing the texts which have been the subject of its comments into conformity with the Convention, including sections 71(4), 110, 111, 176 and 177 of the Penal Code.

2. In its previous comments, the Committee referred to Ordinance No. 52 of 23 October 1959 laying down compulsory service, which may be of a military or non-military nature, for all male citizens.

The Government stated in previous reports that there is no compulsory military service, but that students of both sexes perform one year's military service which is devoted entirely to military tasks. The Government also stated that this service, which was compulsory, has become optional.

The Committee once again requests the Government to supply information on the provisions which have been adopted to this end and to supply a copy of the relevant texts, particularly any texts amending or repealing Ordinance No. 52 of 1959.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee has been commenting for many years on a number of provisions which are contrary to the Convention. In previous comments, it noted the Government's statement to the effect that the legal texts in question had fallen into abeyance and are due to be revised or repealed as part of the programme for the complete revision by stages of all laws and regulations. The Government stated that the following texts would be covered by this procedure:

- Decree No. 416/PRG of 22 October 1964 under which all persons between 16 and 25 years of age are placed in the service of the Organization for Work Centres of the Revolution, whose purpose is to overcome the technical and economic underdevelopment of the Republic;

- Act No. 45/AN/69 of 24 January 1969 respecting the disclosure of professional secrets and the unlawful communication of State and Party documents;

- Act No. 64/AN/66 of 21 September 1966 to issue the Code of Criminal Procedure;

- all legislation relating to prison labour, the maintenance of law and order, the press and publications, meetings and associations, vagrancy and idlers and the discipline of seafarers.

The Committee notes that under sections 93 and 94 of the new Basic Act of 31 December 1990 (Decree No. 250/90) and under Act No. 2/91/001 of 1 August 1991, the Transitional National Recovery Council (CTRN) is empowered to enact legislation and take decisions with force of law. The Committee also notes the Government's statement in its report to the effect that a revision of the laws and regulations has been commenced.

The Committee hopes that the Government will soon report the progress achieved in bringing the texts which have been the subject of its comments into conformity with the Convention, including sections 71(4), 110, 111, 176 and 177 of the Penal Code.

2. In its previous comments, the Committee referred to Ordinance No. 52 of 23 October 1959 laying down compulsory service, which may be of a military or non-military nature, for all male citizens.

The Government stated in previous reports that there is no compulsory military service, but that students of both sexes perform one year's military service which is devoted entirely to military tasks. The Government also stated that this service, which was compulsory, has become optional.

The Committee once again requests the Government to supply information on the provisions which have been adopted to this end and to supply a copy of the relevant texts, particularly any texts amending or repealing Ordinance No. 52 of 1959.

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

1. In its previous comments, the Committee noted the Government's statement that certain legal texts that had been the subject of its comments for many years had fallen into abeyance because of the change of political regime in Guinea, are to be revised or repealed as part of the programme for the complete revison by stages of all laws and regulations, in accordance with Ordinance No. 009/PRG/84 of 18 April 1984 in the interests of peace and internal discipline. The Government indicated that this procedure would be applied to the following texts:

- Decree No. 416/PRG of 22 October 1964 under which all persons between 16 and 25 years of age are placed in the service of the Organisation for Work Centres of the Revolution, whose purpose is to overcome the technical and economic underdevelopment of the Republic;

- Act No. 45/AN/1969 of 24 January 1969 respecting the disclosure of professional secrets and the unlawful communication of State and Party documents;

- Act No. 64/AN/1966 of 21 September 1966 to issue the Code of Criminal Procedure;

- all legislation relating to prison labour, the maintenance of law and order, the press and publications, meetings and associations, vagrancy and idlers and the discipline of seafarers.

The Committee notes that the Government's report contains no information on the foregoing, and again expresses the hope that the Government will shortly be able to report on the progress made in bringing the texts that have been the subject of its comments, including sections 71, subsection 4, 110, 111, 176 and 177 of the Penal Code into conformity with the Convention.

2. The Committee also referred to Ordinance No. 52 of 23 October 1959 laying down compulsory service, which may be of a military or non-military nature, for all male citizens. It noted the Government's statement that there is no compulsory military service for all male citizens, but that in accordance with an established practice of the Ministry of National Education, all students of both sexes, when they leave national or foreign universities, must perform one year's military service that is devoted entirely to military tasks and not to economic purposes. The Committee also noted that the revision of Ordinance No. 52 of 23 October 1959 was under consideration.

The Committee takes note of the information supplied by the Government in its last report, to the effect that military service for university students has become optional. The Committee asks the Government to provide information on the provisions adopted to this end and to supply a copy of the relevant texts, particularly any texts amending or repealing Ordinance No. 52 of 1959.

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