Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Article 1(a) of the Convention. 1. In its previous comments, the Committee noted that, according to the Government's information, Order No. 111/29 respecting demonstrations in the streets and public meetings had been repealed and a new Act adopted. The Government indicates in its last report, which was received in November 1997, that Order No. 111/29 was repealed by Act No. 33/91 of 5 August 1991 respecting demonstrations in the streets and public meetings. Since the text of the new Act was not attached to the report, the Committee once again requests the Government to provide a copy with its next report.

2. In its previous comments, the Committee also referred to sections 166 and 167 of the Penal Code under which penalties of imprisonment for up to two years can be imposed for activities against the established authorities. Penalties of imprisonment involve the obligation to work under the terms of section 39 of the Penal Code and section 40 of Ordinance No. 111/127 respecting the prison service. The Committee notes that the Government's report received in November 1997 does not contain the information, including information on any relevant court decisions, which the Committee had requested concerning the application in practice of sections 166 and 167 of the Penal Code. The Committee therefore once again requests the Government to provide the information requested with its next report to ensure that the Convention is respected.

Article 1(b). 3. In its previous comments, the Committee had referred to community development work (umuganda). It had noted that such work was not covered by the relevant texts and that, according to the Government, it was done at the people's initiative for the benefit of the community, which itself decided on the priority tasks. The Government indicates in its last report that community development work is devised and carried out locally, voluntarily and strictly in the interests of a given local community. The Committee would be grateful if the Government would provide in its next report information on the participation of the communities themselves in drawing up work programmes and in any decision-making concerning the suitability and the nature of the work to be done.

4. In its previous comments, the Committee noted the information concerning re-education and production centres set up under Presidential Order No. 234/06 of 21 October 1975. It noted the Government's information to the effect that the inmates of such centres are people without "papers" who are picked up by law-enforcement services in the towns. The Government indicates that the re-education centres should not be confused with prisons, and that the centres in question are establishments where people who have missed out on education receive a training and education which enables them to become reintegrated into society. The Committee again requests the Government to provide copies of the relevant texts. It also requests the Government to specify under what legislation the persons concerned are arrested by the police and sent to the centres in question.

Article 1(c). 5. The Committee notes that the Government has not provided the information requested by the Committee on the measures taken to ensure respect for the Convention with regard to sentences of imprisonment imposed upon sailors for breaches of discipline under the Decree of 1 April 1983 to regulate contracts of engagement to work in river navigation and the Decree of 11 May 1921 establishing the disciplinary and penal code for river navigation. The Committee trusts that such measures will be taken in the near future and that the Government will provide information on any such measures.