Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes with interest the coming into force on 7 January 1993 of a new Constitution which prohibits forced labour and provides for the protection of fundamental human rights, including the right to freedom of speech and expression, freedom of assembly, of association and freedom to participate in political parties (Articles 16 and 21). The Committee notes that any enactment or rule of law in force before the coming into force of the Constitution continues in force as if enacted, issued or made under the authority of the Constitution in so far as it is not inconsistent with a provision of the Constitution (Transitional Provisions, Article 36).

The Committee recalls that it has been commenting for a number of years on provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. The Committee had requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention. The Committee has also repeatedly requested the Government to supply information on the practical application of a number of legislative provisions. The Government previously stated that the Committee's comments were being discussed in the Tripartite National Advisory Committee on Labour.

The Committee notes the Government's information in its latest report that the issue is still under consideration and that opinions have been sought from competent bodies. The Committee hopes that the Government will re-examine the above-mentioned provisions in the light of the new Constitution and the provisions of the Convention and that it will provide detailed information on the measures taken or envisaged to bring legislation into conformity with the Convention.

The Committee again addresses a request directly to the Government on the application in practice of a certain number of provisions to which it also referred previously.