Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would provide further information on the following points in its next report:

Communication of texts

–      Please provide a copy of the legislation in force in the following fields: the laws governing the press and other media; the laws governing assemblies, meetings and demonstrations; and the laws governing political parties.

–      Please provide a copy of a complete version of the Shipping Act and the regulations concerning the penalties imposed on seafarers for breaches of order and discipline.

–      Please provide a copy of the provisions regulating the exercise of the right to strike by public servants.

Article 1(a) of the Convention. Imposition of labour as punishment for expressing political views or views ideologically opposed to the political, social or economic system. The Committee notes section 35 of Act No. 12 of 2004 concerning associations which prohibits the creation of political associations and provides that the Minister of Civil Affairs and Housing may issue a decree dissolving any association of that nature. Under section 43 of the same Act, any person who carries out an activity contrary to the purpose for which an association was created shall be liable to a prison sentence of between one month and one year which includes compulsory labour under section 62 of the Penal Code.

The Committee also notes that, under certain provisions of the Penal Code, prison sentences involving compulsory labour may be imposed in the following cases:

–      dissemination of information or false statements on the country’s domestic situation which damage the economy, the prestige of the State or national interests (section 115);

–      open criticism or defamation of the Prince or his heir (section 134).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In this regard, it refers to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, in which it emphasizes that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, 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, whether such prohibition is imposed by law or by a discretionary administrative decision.

Taking into account the above comments, the Committee requests the Government to re-examine the provisions of the Penal Code and the Act on associations, in order to ensure that persons who hold or express certain political views or views ideologically opposed to the established political, social or economic system, through political associations or through other means of communication, cannot be liable to prison sentences involving compulsory labour. It also requests the Government to provide information on the application of the above provisions in practice, supplying copies of the court decisions defining or illustrating their scope.

Article 1(d). Imposition of labour as punishment for participation in a strike. The Committee notes the provisions of Chapter XII of the Labour Code which guarantee the right to strike, provided that the strike does not affect the State’s essential services, such as oil, gas and related industries; electricity and water; ports and airports; as well as hospitals and transport (section 120(4)). The Committee requests the Government to indicate the penalties applicable to persons who participate in a strike in the essential services listed in section 120(4) of the Labour Code.