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

Article 1(a) of the Convention. 1. In its previous comments, the Committee noted that certain provisions impose restrictions on the freedoms of association and publication that are enforceable by imprisonment involving the obligation to work by virtue of section 40 of the Ministerial Order No. 100/325 of 15 November 1963 to organise prison labour. In this connection, the Committee referred to certain provisions of Legislative Order No. 001/34 of 23 November 1966 respecting the single national party, Act No. 1/136 of 25 June 1976 (amended by Legislative Decree No. 1/4 of 28 February 1977) respecting the press, and section 426 of Legislative Decree No. 1/6 of 4 April 1981 to reform the Penal Code.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee notes that, according to the Government, the provisions concerning the press (particularly the requirement of prior authorisation) aim to prevent disorder and abuse of all kinds and that they are commonly to be found in national legislation.

The Committee notes that under the provisions of Act No. 1/136 of 1976, the duties of journalists in the area of ideology and national political activity include that of working as patriots in belief and awareness of the party ideals.

The Committee wishes to draw attention to paragraph 138 of its General Survey of 1979 on Forced Labour in which it pointed out, amongst other things, that provisions of this kind make it possible to deprive individuals of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of any criminal offence. Insofar as the provisions in question are enforced by penalties involving the obligation to work, they may accordingly lead to the imposition of compulsory labour as a punishment for expressing political opinions or ideological views. The same possibility arises where the authorities have broad powers to ban any newspaper in the public interest or to prohibit publications if in their opinion such a measure is in the public interest or the publications might harm the edification of the nation. In such cases, observance of the Convention is in jeopardy.

The Committee notes the Government's reiterated statement that consultations are being pursued with a view to revising the legislation on prison labour to explicitly exclude political prisoners from its scope. The Committee asks the Government to report on the status of the above revision.

2. The Committee notes with interest that a constitutional committee set up in March 1991 to discuss the democratisation of institutions and political life submitted a report in September 1991 which should enable a new Constitution to be drawn up. The Committee hopes that when the new Constitution and other legal texts are prepared, due account will be taken of the requirements of the Convention and that the provisions which are contrary to the Convention will be repealed. It requests the Government to provide information on developments in this respect and to provide a copy of the Constitution as soon as it is adopted.