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

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points.

1.  Article 1(a) of the Convention.  The Committee notes the Penal Code provisions prohibiting the establishment of an organization or convening a meeting or conference for the purpose of fighting or mistreating the foundations or teachings of the Islamic religion or calling for the observance of another religion, these offences being punishable with imprisonment for a term from five up to ten years (sections 317 and 320). It also notes that prisoners of category "c" (those imprisoned for a specified term or for life) are to be employed in tasks specified by the prison’s by-laws and are entitled to receive remuneration (section 24 of the Penal Code). The Committee requests the Government to provide, in its next report, information on the application in practice of sections 317 and 320, including copies of any court decisions defining or illustrating their scope, in order to be able to assess their conformity with the Convention, as well as copies of prisons’ by-laws provisions relating to prison labour referred to in section 24 of the Penal Code.

2.  Please also supply a copy of Federal Law No. 15 of 1988 governing publications, as well as copies of legislation concerning political parties, associations, assemblies and meetings.

3.  Article 1(c).  The Committee asks the Government to supply, in its next report, information concerning any legislative provisions applicable to seafarers in cases of breaches of labour discipline such as desertion, absence without leave or disobedience.

4.  Article 1(d).  The Committee notes that section 231, paragraph 1, of the Penal Code provides for sanctions of imprisonment (for a term of up to one year, which involves an obligation to work for prisoners of category "c" referred to above) in case where at least three public officials abandon their job or voluntarily abstain from performing any obligations related thereto, acting in agreement among them or pursuing an illegal objective. The Committee draws the Government’s attention to paragraph 123 of its 1979 General Survey on the abolition of forced labour, where it pointed out that it is not incompatible with the Convention to impose penalties (even involving an obligation to perform labour) for participation in strikes in the civil service or other essential services, provided that such provisions are applicable only to essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population) and that compensatory guarantees in the form of appropriate alternative procedures are provided. The Committee therefore requests the Government to provide, in its next report, information on the application in practice of the abovementioned penal provision, including copies of any court decisions defining or illustrating its scope, in order to be able to assess its conformity with the Convention.

5.  The Committee notes that section 112 of Federal Law No. 8 on the regulation of labour relations provides for a temporary suspension of a worker from work in case of participation in an unlawful strike. Please indicate whether any other sanctions are applicable to punish participation in unlawful strikes, besides those provided for in this section and those applicable to public officials referred to in point 4 above.