Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Article 1(c) and (d) of the Convention. In its previous comments, the Committee referred to section 251 of the draft Penal Code, under which:

"Any person who, without creating a public danger, prevents, obstructs or hinders the normal operation of transport or of the public services of communications or of the supply of water, electricity or energy-producing materials or similar activities shall be punished with imprisonment for a period not exceeding five years." Sentences of imprisonment involve compulsory labour by virtue of sections 71 of the Code of Criminal Procedure (Legislative Decree No. 330 of 1985) and 116 of the Regulations issued under the Code (Presidential Decree No. 012-85-JUS of 12 June 1985).

The Committee noted that the list of services contained in section 251, in so far as it refers to transport services and services for the provision of energy-producing and similar materials, includes services whose interruption would not necessarily endanger the life, personal safety or the health of the whole or part of the population and which therefore lie within the scope of Article 1(c) and (d) of the Convention. Nor does the application of the Convention to such services vary as a function of the public or private nature of the entity providing them. Furthermore, the expression "or similar" contained in section 251, could, due to the breadth of its scope, give rise to an application that is contrary to the provisions of Article 1(c) and (d) of the Convention.

The Committee also noted the indications contained in the last but one report of the Government concerning possible amendments to section 251 of the draft, which could be introduced in respect of the sanction, by establishing a fine, disqualification or a prison sentence of up to three years, thereby giving the judge the opportunity to avail himself of section 72 of the draft which provides for conditional sentences. In this connection, the Committee noted that the reduction of the sentence to three years with the aim of being able to impose a conditional sentence does not overcome the incompatibility between the provision and the Convention in the case of the sentence being enforced, for example, in the event of a recurrence of the offence. In such cases, the imposition of compulsory labour for participation in strikes is incompatible with the Convention.

The Committee noted that its comments would be brought to the attention of the Advisory Committee of the Ministry of Justice, responsible for the draft. The Committee notes that the new Penal Code will be adopted in April 1990. The Committee requests the Government to supply a copy of the new Penal Code once it has been adopted.