Observación (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

The Committee has noted the information provided by the Government in reply to its earlier comments.

Article 1(a) of the Convention. With reference to its previous observation, the Committee has noted that a transitional timetable was announced in 1995 with a view to return the country to democratically elected civilian government by 1 October 1998. It has noted that a partial lifting of the ban on political activities was announced in 1995, and that multi-party local government elections took place in March 1997. The Committee requests the Government to provide information, in its next report, concerning legislative or statutory provisions in force in relation to the expression of views, freedom of assembly and association and political activities. Please also supply information on the activities of the National Human Rights Commission which was established in 1996.

The Committee notes that the Conference Committee on the Application of Standards, in paragraph 169 of its General Report of 1997 concerning a very grave trade union situation in the country, urged the Government to ensure full respect of civil liberties, essential to the exercise of freedom of association. The Committee wishes to recall in this connection that the Convention prohibits the use of any form of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee therefore requests the Government once again to indicate the measures taken or envisaged to ensure that the persons protected by the Convention may not be punished by penalties which would involve an obligation to work.

In its earlier comments the Committee referred to the State Security (Detention of Persons) Decree No. 2 of 1984, as amended, under which persons can be detained for successive periods of six weeks. The Committee has noted the Government's indication in its report that there is no Act or Regulation governing conditions of detention under the above-mentioned Decree. The Committee requests the Government to provide, in its next report, information on any applicable provisions concerning conditions of detention under Decree No. 2 of 1984.

Article 1(c) and (d). In its earlier comments the Committee referred to the following provisions: section 81(1)(b) and (c) of the Labour Decree, 1974, under which a court may direct fulfilment of a contract of employment and posting of security for the due performance of so much of the contract as remains unperformed, and a person failing to comply with such direction may be committed to prison; section 117(b), (c) and (e) of the Merchant Shipping Act, under which seamen are liable to imprisonment involving an obligation to work for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons; section 13(1) and (2) of the Trade Disputes Decree No. 7 of 1976, under which participation in strikes may be punished with imprisonment involving an obligation to work in certain cases.

The Committee has noted the Government's indication in its report of 1994 that all these provisions are still being considered by the National Labour Advisory Council. The Committee reiterates its hope that the necessary action to ensure the observance of the Convention in this regard will be taken in the near future and asks the Government to indicate, in its next report, the measures taken to amend the legislative provisions referred to above.