Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Article 1(a) of the Convention.  In its previous comments, the Committee noted that Act No. 60-12 of 30 June 1962 on the freedom of the press contains provisions envisaging sentences of imprisonment involving compulsory labour for certain acts or activities related to the exercise of the right of expression. The Committee referred in this respect to the following provisions: section 8 (deposit of a publication with the authorities before its circulation to the public); section 12 (permitting a ban on publications of foreign origin in French or in the vernacular printed within or outside the national territory); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publishing false reports); and sections 26 and 27 (slander and insults).

The Committee had expressed the hope that the new Act on freedom of information, to which the Government had referred in its report, would be adopted rapidly and would guarantee that no term of imprisonment involving compulsory labour could be imposed as a penalty for activities related to the exercise of the right of expression.

The Committee notes the adoption of Act No. 97-010 of 20 August 1997, liberalizing audiovisual communications and the special penal provisions relating to offences in the field of the press and audiovisual communication, provided by the Government.

The Committee notes the Government’s statement that the new Act does not repeal Act No. 60-12, but that in the event of conflicting provisions, those of Act No. 97-010 prevail.

The Committee notes that the provisions of the new Act do not eliminate the divergencies between the national legislation and the Convention, since the scope of the new Act covers audiovisual communications, but not "printing, book sales and periodicals", which constituted the scope of Act No. 60-12 of 30 June 1960. Furthermore, the Committee regrets that certain of the provisions of the new Act are similar to provisions in Act No. 60-12. The Committee notes that, under section 79 of Act No. 97-010, "any seditious cries or chants against the legally established authorities in public places or meetings" shall be punishable by a sentence of imprisonment of from six months to two years, and that insulting the person of the President of the Republic shall be punished by imprisonment of from one to five years, under section 81; moreover, under section 80, provocation of the public security forces aimed at distracting them from their duty of defending security and obeying the orders given by their chiefs for the enforcement of military laws and regulations, shall be punishable with two to five years’ imprisonment. Under the terms of the new section 67 of Decree No. 73-293 of 15 September 1973, issuing the prison regulations, convicted prisoners may be assigned to social rehabilitation work.

The Committee requests the Government to take the necessary measures to ensure compliance with the Convention and to provide information on the application in practice of the above provisions of Acts Nos. 60-12 and 97-010, including copies of any court decisions which clarify the scope of the above provisions.