Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as punishment for expressing political views or views that are ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that, under section 9(1) and (2) of Act No. 33/91 of 5 August 1991 respecting demonstrations on public thoroughfares and public meetings, any person who organizes an unauthorized demonstration or meeting shall be liable to a sentence of imprisonment. Furthermore, under section 39 of the Penal Code and section 40 of Ordinance No. 111/127 of 20 May 1961 on the organization of the prison system, work is compulsory for all convicted prisoners. The Committee recalled that Article 1(a) of the Convention prohibits recourse to any form of forced or compulsory labour, including compulsory labour in prison, 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. It requested the Government to ensure that persons who hold or express, by means of methods that neither use violence nor incite to violence, an opinion opposed to the established political, social or economic system do not incur prison sentences involving the obligation to work.

In its last report, the Government indicates that the amendment of these legal texts was recommended at the seminar on international labour standards held in December 2003. The drafting of texts for their amendment is at an advanced stage, particularly the Bill to amend Ordinance No. 111/127 on the organization of the prison system, which is being examined by the National Assembly. The Committee notes this information. The Committee hopes that, in the context of the process of the amendment of the legislation, the Government will take the necessary measures to bring the legislation into conformity with the Convention and to amend section 9 of Act No. 33/91 so as to ensure that persons who express certain political views or who express their ideological opposition to the political, social or economic system by organizing meetings or demonstrations, without recourse to violence, cannot incur sentences of imprisonment involving the obligation to work. The Committee requests the Government to provide information on the measures adopted for this purpose and to supply a copy of any text that is adopted.

The Committee also is addressing a request directly to the Government on certain matters.