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

Article 1(a) of the Convention. In the comments it has been making for many years, the Committee has referred to the provisions concerning the right of association, under which sentences of imprisonment involving compulsory labour may be imposed in circumstances covered by the Convention.

The Committee noted that by virtue of section 4 of Act No. 87-15 of 21 July 1987, any association whose objectives are contrary to the "established institutional system" or are "of such a nature as to threaten the fundamental options and choices of the country" is forbidden and shall be legally non-existent, and that by virtue of section 7 of the Act, any person who directs, administers or is a member of an association that has been dissolved, or any person who facilitates the meetings of members of an association that has been banned or dissolved is liable to a sentence of imprisonment of from one to five years involving, under the Penal Administration and Re-education Code, the obligation to work.

In this connection, the Committee observed that sections 2 and 3 of the Inter-Ministerial Order of 26 June 1983, prescribing the procedure for the utilisation of prison labour by the National Agency for Educational Work, provide that, unless exempted on medical grounds, convicted prisoners (without distinction as to the nature of the conviction) shall be required to perform useful work as part of their re-education, training and social development.

The Committee asked the Government to indicate the measures taken in order to ensure compliance with the Convention either by removing the restrictions on the right of association or the penalties laid down in the Act of 21 July 1987, or by exempting from prison labour persons who are convicted of offences under the Act, or more generally, for offences of a political nature provided that they have not committed acts of violence.

The Committee notes the indications communicated in the Government's report, to the effect that the development and strengthening of democracy have led to the adoption of a new Constitution which, with regard to collective freedoms, guarantees freedom of expression, association and assembly. The Government specifies that the Constitution recognises the right to establish associations of a political nature (article 40). The Government states that, in view of these provisions, there can be no political prisoners.

The Committee notes the promulgation of Act No. 89-11 of 5 July 1989 respecting associations of a political nature. Section 3 of the Act stipulates that all associations of a political nature must, in pursuance of their aims, contribute "... to the protection of the republican form of the State and of the fundamental freedoms of citizens (subsection 3); to the protection and consolidation of the social and cultural development of the nation in the framework of national Arab and Islamic values (subsection 4); to ensuring respect for the democratic form of organisation (subsection 5)". Section 5 provides that the establishment and activities of associations of a political nature may not be founded on a basis and/or objectives involving "... conduct which is contrary to Islamic morals and to the values of the revolution of 1 November 1954". Under section 6 "the establishment, action and activities of all associations of a political nature must be fully in keeping with the Constitution and the laws in force." Under section 36, any person who, in violation of the provisions of the law, funds, directs or administers an association of a political nature, whatever its form or denomination, is liable to a sentence of imprisonment of from one to five years involving, by virtue of the above-mentioned provisions, the obligation to work.

The Committee recalls once again 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 also recalls that the protection afforded by the Convention is not confined to activities expressing or manifesting divergent opinions in the framework of established principles. Consequently, if certain activities are aimed at making fundamental changes in the institutions of the State, this does not constitute a reason for considering that such activities are outside the protection afforded by the Convention, provided that they do not involve the use of, or incitement to, violent methods to bring about that result.

The Committee asks the Government to indicate the measures taken or envisaged to ensure that the persons protected by the Convention may not be punished by penalties involving, by virtue of sections 2 and 3 of the Inter-Ministerial Order of 26 June 1983, the obligation to work. Furthermore, the Committee asks the Government to provide information on the practical application of the above provisions of Acts Nos. 87-15 of 21 July 1987 and 89-11 of 5 July 1989, particularly with regard to convictions under these provisions, and to provide copies of the relevant judgements.