Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

1. Referring also to its observation, the Committee has taken note of the Public Order Decree No. 5 of 1979, as amended, communicated by the Government with its report. The Committee notes that public assemblies, meetings and processions on the public roads or places of public resort must be previously authorised and may be subject to certain directions and conditions (sections 1 to 4); offences may be punished by imprisonment for six months (section 3(c)) or two years (section 4(5)).

The Committee requests the Government to provide information on the practical application of these provisions including information on any recent convictions under these provisions, penalties imposed and copies of relevant court decisions.

2. The Committee notes that under article 12 of the 1989 Constitution, to come into force on 1 October 1992, the National Assembly may make laws in respect to the maintenance and securing of public safety and public order and providing, maintaining and securing of such supplies and services as may be designated as essential supplies and services. The Committee requests the Government to provide a copy of any legislative provisions in pursuance of this article.

3. Noting also that, under article 38(1) of the new Constitution every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference and that under article 38(2) without prejudice to the generality of subsection (1) every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions, the Committee requests the Government to provide a copy of any legislative or statutory provisions which might be adopted in this regard.