Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

1. The Committee noted previously that, according to the information provided by the Government in its report, all sentences of imprisonment pronounced by the courts are, by virtue of the Penal Code (and other texts promulgating penal legislation), and in accordance with the severity of the sentence, sentences of compulsory productive labour. The Committee noted sections 54(1), (3), and 68 of the Regulations of the Carache Re-education Centre under which detainees have the obligation to participate in the productive, educational and recreational work of the Centre (section 54(3)) and are obliged to perform work commensurate with their strength and aptitudes (section 68). The Committee also noted that under section 2(1)(a) and (b) of the same Regulations, political training and productive labour are the means for re-educating detainees. The Committee requests the Government to indicate the measures taken so that prison sentences which include compulsory labour may not be imposed on persons who hold or express particular political opinions or show their opposition to the established political, social or economic order. The Committee notes Act No. 8/91 on freedom of association, 9/91 on strikes, 10/91 on civil requisition and 4/91 on the press, sent by the Government with its report. The Committee observes that under section 40.2, read on conjunction with section 44.2 of Act No. 4/91 on the press, anyone found guilty of slander shall be punished with a prison sentence of up to two years except where the facts are proved to be true. Under section 41 of the same law, the burden of proving the facts may not be applied in the case of abuse or slander against the Head of State. The Committee recalls that compulsory work, including compulsory prison work, falls within the scope of the Convention when it is imposed on persons sentenced for their opinions. The Committee requests the Government to indicate the measures taken or envisaged so that persons protected by the Convention may not be subjected to penalties including compulsory work in application of sections 54(1)(3) and 68 of the Regulations of the Carache Re-education Centre. In addition, the Committee requests the Government to supply information on the application in practice of section 41 of Act No. 4/91 on the press, particularly with regard to sentences handed down under this provision, and to provide copies of the relevant rulings.

2. The Committee noted that, by virtue of section 1 of Act No. 1/79 of 8 June 1979 respecting crimes against the national economy, it is a crime against the national economy, punishable by compulsory productive labour, to infringe voluntarily the general instructions of the higher bodies of the PAIGC on the running of the economy and the economic development of the country, or laws, regulations or state decisions or the instructions of collective bodies, particularly on the conduct of affairs and the organization of labour. The Committee asked the Government to supply information on the effect given in practice to this provision, noting that there can be no remission or suspension of sentences involving compulsory productive labour imposed for crimes against the national economy. It notes that the Government's latest report contains no information on this matter and hopes that the Government will take appropriate measures to ensure that sentences of compulsory productive labour are not imposed for breaches of discipline at work, and to send with its next report the information requested on the practical application of this provision.

3. The Committee requests the Government to send a copy of the Penal Code and the Penal Procedure Code in force.