Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's report.

1. The Committee noted in its previous direct requests that several draft texts in respect of the prison system were under examination, particularly a Bill on the general principles of the prison system. The Committee notes that the Government merely refers in its report to its previous reports. The Committee requests the Government to communicate in its next report specific information on the state of progress of these drafts.

Article 1(c) of the Convention. 2. In its previous comments, the Committee referred to section 1(g) and (m) of Act No. 11/75 on discipline in the production process under which passive resistance to labour or any other acts which seriously hinder the production process constitute crimes against production and are punishable, under the terms of sections 4 and 6 of the same Act, by imprisonment of up to one year or more than six months respectively. The Committee notes that the Strike Act (No. 23/91) repealed any provision contrary to this Act, and specifically section 1(1) of Act No. 11/75; with regard to section 1(g) and (m) of Act No. 11/75, the Government indicated in its 1995 report that it believed that with the enactment of the Strike Act and Trade Union Act (No. 21-D/92) those two paragraphs would be implicitly revoked. The Committee notes that the Strike Act and Trade Union Act relate to collective action, whereas section 1(g) and (m) of Act No. 11/75 apply without distinction to individual offences against labour discipline; the Strike Act specifically repealed section 1(1) of Act No. 11/75 without mentioning subsections (g) and (m). The Committee again requests the Government to take the necessary measures in order to expressly repeal subsections (g) and (m) of Act No. 11/75 so that these provisions cannot be invoked in any circumstances.

3. In its previous comments, the Committee also pointed out that certain provisions of the Merchant Shipping Penal and Disciplinary Code (Legislative Decree No. 33/252, sections 132 and 137, on desertion and failure to execute certain orders) could result in prison sentences involving compulsory labour. The Committee recalled that the only sentences not covered by the Convention are those applying to acts which endanger the safety of the vessel or the life or health of persons on board. The Committee notes that revision of the Merchant Shipping Act is still in progress. It requests the Government to supply in its next report specific information on the progress of the revision work.