Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

The Committee notes the Government's report.

Article 1(a) of the Convention. 1. The Committee had asked the Government to supply information on the practical application -- including judicial decisions -- of certain provisions of the Penal Code under which any person who makes use of the spoken, written or printed word to incite or attempt to incite the population against the public authorities or to alarm the population (section 166) and any person who impugns the binding force of the law (section 167) shall be punished by imprisonment. The Committee had noted the earlier statement by the Government that decisions had been handed down under section 166. It notes that the Government did not supply a copy of the said judgements with its latest report.

So as to be able to appreciate the scope of the abovementioned provisions in respect of the Convention, the Committee again requests the Government to supply the information requested on the practical application of sections 166 and 167 of the Penal Code.

Article 1(b). 2. In its earlier comments, the Committee had asked the Government to supply practical information on the functioning and organization of the community development work known as "umuganda", in particular on the participation of the populations concerned, firstly, in the elaboration of work programmes and, secondly, in decisions concerning occasions for and the characteristics of such work. The Committee had noted the earlier statements of the Government that "umuganda" was conceived and carried out locally and voluntarily in the interest of a given local community.

The Committee notes with interest the information supplied by the Government on Presidential Order No. 37/01 of 23 December 1998 regulating community development work. It takes note of the new details supplied by the Government on the length of the work -- once a month, for between two and four hours -- and on its nature; clearance work, construction or repair of primary schools, or other work of local interest. On the participation of populations, the Government explains that the work is organized on the basis of Cells, that is to say the smallest territorial unit of the country. The administrative methods and division of authority between the directing bodies of the Cell bear witness to the populations' close involvement in the elaboration of the work, and in decisions on the occasions for and characteristics of the work. In fact, the Cell Council (composed of all inhabitants aged over 18) is obliged to meet once a month to define the broad outline of the programme of activities, which are implemented by the Executive Committee (composed of ten elected members). The Committee requests the Government to supply a copy of Presidential Order No. 37/01 of 23 December 1998.

3. In its previous comments, the Committee had referred to Presidential Order No. 234/06 of 21 October 1975 establishing re-education and production centres, and to the Government's indication, that firstly, the inmates of these centres are people without "papers", who have no work and who are picked up by law enforcement services in the towns, and secondly, that the centres are places where these persons may be trained, to facilitate their reintegration in society. It had requested the Government to specify under what legislation the persons concerned are arrested by the police and sent to the centres in question, and to supply copies of the relevant texts.

The Committee takes due note of the Government's statement in its report that the text currently in force on vagrancy and begging under which the re-education and production centres were established by Presidential Decree No. 234/06 of 21 October 1975, is the Decree of 23 May 1896, as amended by the Decrees of 11 July 1923 and 6 June 1958. It notes however that no copy of the Decree or of the text amending it have been transmitted. The Committee expresses the hope that the Government will supply copies of the abovementioned texts with its next report.

Article 1(c). 4. The Committee has referred for a number of years to the Decree of 1 April 1983 to regulate contracts of engagement to work in river navigation and the Decree of 11 May 1921 establishing the disciplinary and Penal Code for river navigation which allow the imposition of prison sentences on seafarers for breaches of discipline, and asked for information on the measures taken to ensure respect of the Convention on this point.

In its last report, the Government indicated that as yet there were no cases of imprisonment of seafarers in breach of discipline in view of the near insignificant traffic on lake Kivu, and that it was not an opportune moment to envisage any measures in respect of a situation which did not in fact merit consideration.

The Committee notes this information. However it hopes, to ensure respect for the Convention on this point, that the Government will incorporate the practice into the legislation, by amending the Decrees of 1 April 1983 and 11 May 1921 so that no sentences involving the obligation to work may be imposed on seafarers in breach of discipline at work.