Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the Government's report.

1. The Committee previously noted that by the Proclamation of 26 January 1986 all legislative powers referred to in the Constitution were vested in the National Resistance Council and several chapters of the Constitution were suspended, or considered void if inconsistent with the Proclamation; that the operation of the Constitution and the existing laws are construed with such modifications, qualifications and adaptations as necessary to bring them into conformity with the Proclamation. The Committee notes that under Legal Notice No. 1 of 1986 (Amendments) (No. 2) Statute, 1989, the National Resistance Council shall continue in existence for a period of five years from 25 January 1990.

The Committee hopes that the Government will provide information on any measures adopted in relation to Chapter III of the Constitution (protection of fundamental rights and freedoms of the individual), in particular as regards articles 17 and 18 (protection of freedom of expression, of assembly and association), as well as in relation to the suspension of activities of political parties and on any penalties involved.

2. In previous comments the Committee noted that the Public Order and Security Act, empowering the executive to restrict, independently of the commission of any offence, an individual's association or communication with others, subject to penalties involving compulsory labour appeared to have been repealed. The Committee again requests the Government to indicate whether this Act has actually been repealed and to supply a copy of any text adopted to this effect. The Committee had also referred to measures to be taken to repeal or amend section 21A of the Newspaper and Publications Act (inserted by Decree No. 35 of 1972) under which the publication of any newspaper may be prohibited if the competent minister considers it to be in the public interest to do so and which is enforceable with imprisonment (involving an obligation to perform labour). The Committee hopes that the necessary measures will soon be taken and, pending their adoption, it again requests the Government to supply details on all cases in which prohibitions are made or maintained in application of these provisions.

3. In its previous comments, the Committee noted that sections 54(2)(c), 55, 56 and 56A of the Penal Code empower the competent minister to declare any combination of two or more persons to be an unlawful society (a power exercised in respect of various political, religious and student organisations by Statutory Instruments Nos. 12 of 1968, 153 of 1972 and 63 of 1973) and thus render any speech, publication or activity on behalf of or in support of any such association illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee also noted that a number of orders made under these provisions between 1975 and 1977 were revoked by the Penal Code (Unlawful Society) (Revocation) Order, 1979, but that sections 54(2)(c), 55, 56 and 56A of the Penal Code appeared to remain in force.

The Committee notes that by Statutory Instrument No. 15 of 1991 a society was declared unlawful under section 54(2) of the Penal Code. The Committee requests the Government to provide details on this case and any other cases of prohibition as well as on the measures adopted regarding the above provisions to ensure the observance of the Convention on this point.

4. Article 1(c) and (d). In previous comments the Committee noted that, under section 16(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice, that, by virtue of sections 16, 17 and 20A of the same Act, strikes may be prohibited in various services which, while including those generally recognised as essential ones, also extend to other services, interruption of which would not necessarily endanger the life, personal safety or health of the whole or part of the population and that contravention of these prohibitions may be punished with imprisonment (involving, as previously noted, an obligation to perform work). The Committee notes that the process to review the law is still under way. The Committee hopes that the Government will soon be able to indicate measures taken to bring sections 16, 17 and 20A of the Trade Disputes (Arbitration and Settlement) Act, 1964, into conformity with the Convention.