Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

1. Article 1(a) of the Convention. In its previous comments, the Committee referred to certain provisions of the Penal Code promulgated by Legislative Decree No. 1/6 of 4 April 1981, under which, by virtue of section 40 of Ministerial Order No. 100/325 of 15 November 1963 to organise prison labour, it is possible to impose forced or compulsory labour in circumstances which come within the scope of Article 1(a) of the Convention:

(a) under section 412 of the Penal Code, any person may be sentenced to penal servitude for life who is convicted of a criminal attempt with the aim, inter alia, of changing the constitutional order; under section 430, this offence is deemed to have been committed as soon as a punishable attempt in this respect has been made, even in the absence of acts of violence;

(b) section 413, punishing conspiracy with the same intention, provides for sentences of from five to 15 years of penal servitude for the conspirators. Section 431 provides that conspiracy exists where the intention to act has been formed by two or more persons. An unaccepted proposal to conspire is punished by penal servitude of from one to five years;

(c) section 426 forbids the distribution, circulation or exhibition, for propaganda purposes, of printed matter of foreign origin or inspiration that is damaging to the national interest, and provides that any person found guilty shall be punished by penal servitude of from two months to three years with or without a fine.

Referring also to its observation on the Convention, the Committee notes the indication in the Government's report that consultations are being pursued with the department concerned with a view to amending the provisions of Ministerial Order No. 100/325 of 15 November 1963 to organise prison labour, in order to exempt political prisoners from prison labour. The Committee trusts that the necessary measures will be adopted rapidly to ensure observance of the Convention and that the Government will be able to indicate the provisions adopted.

2. Article 1(d). In its previous comments, the Committee referred to section 231 of the Labour Code which provides that restrictions enforceable by sentences of penal servitude (as laid down in sections 313 and 320 of the same Code) may be imposed on the right to strike in order to ensure the functioning of vital sectors of the economy. The Government indicated that orders had been issued under the above provisions in important sectors such as hospitals and other medical services (Ordinance No. 222/344 of 8 December 1960), production and water distribution enterprises (Ordinance No. 22/308 of 2 November 1960) where labour stoppages would seriously disturb the economic and social development of the country. The Committee noted that the above Ordinances were adopted before the entry into force of the Labour Code, and requested the Government to provide information on any other provisions issued under section 231 of the Labour Code and on any provision adopted to define the term "vital sectors of the economy".

The Committee notes the Government's indications to the effect that it plans, in the near future, to review all the provisions of the Labour Code and that, during the review, it will examine the question of whether it is appropriate to make a specific definition under section 231, subsection 2. The Committee asks the Government to provide information on any measures taken or under consideration to this end.