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

Article 1(a) of the Convention.  1.  In its previous direct request, the Committee noted that under section 198 of the Penal Code, where the judge recognizes the political nature of an offence, he will apply detention instead of forced labour and instead of imprisonment with the obligation to work, simple imprisonment or forced residence. The Committee requested the Government to indicate the criteria on which the judge determines the political nature of an offence and to supply the texts of court decisions handed down on this subject.

In its report, the Government refers to section 196 of the Penal Code which defines political offences as intentional offences committed with a political motive. The Committee requests the Government to supply the texts of court decisions which could clarify the judge’s appreciation regarding the political nature of the offences.

2.  The Committee observes that section 198(5) of the abovementioned Penal Code provides that exemption from the obligation to work for offences recognized as being of a political nature is not applicable to offences against the external security of the State. For certain of these offences, imprisonment may be imposed in circumstances falling within the scope of Article 1(a) of the Convention. This is the case of sections 297 and 298 of the Penal Code (offences against the prestige of the State and political or social associations of an international nature). The Committee requests the Government to supply with its next report information on any cases of application of the abovementioned provisions, including copies of court decisions handed down, to permit the Committee to ascertain that application of these provisions has no impact on the application of Article 1(a) of the Convention.

3.  In regard to the provisions of the Penal Code concerning internal security of the State, the Committee notes that, under section 301, activities aimed at modifying by illegal means the Constitution of the State shall be punished by detention for a minimum period of five years (first paragraph) and that the sentence will be life imprisonment if there was resort to violence (second paragraph).

In its previous direct request, the Committee requested the Government to indicate the situation of political prisoners sentenced to detention, given that section 46 of the Penal Code provides that persons sentenced to detention shall be employed on one of the activities organized by the prison administration.

The Committee recalls that the Convention prohibits any form of forced labour, including compulsory prison labour, as a punishment for persons expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee also recalls that the protection of the Convention is not restricted to activities expressing or demonstrating divergent views in the framework of established principles. Consequently, if certain activities are intended to bring about fundamental changes to the state institutions, that does not constitute grounds for considering that they fall outside the protection of the Convention for as long as recourse is not had to violent methods for the purpose of reaching the desired result, as provided in section 301(2).

The Committee requests the Government to supply information on the practical application of section 301(1) of the Penal Code, particularly in regard to sentences that have been handed down in application of this provision and to supply copies of the relevant judgements.

Article 1(d).  4.  The Committee notes that under the terms of section 342 of the Penal Code, any coalition of more than 20 persons which attempts or begins action with the aim of suspending inter-urban or international transport, postal, telegraphic or telephone communications, or a public water or electricity distribution service will be punished with imprisonment and a fine. Section 343, read in conjunction with section 342, provides one year’s imprisonment for anyone who has led or maintained or attempted to lead or to maintain a concerted work stoppage by means of a gathering on public roads or places or by occupying workplaces.

The Committee notes that, according to the Government’s report, strikes are authorized solely during the period between the failure of mediation and the commencement of arbitration and that, in addition, the duration of the strike may not exceed 15 days. The Government also indicates that disturbances caused by strikers during legal or illegal strikes will be sanctioned in accordance with the laws in force.

The Committee recalls that the provisions for compulsory arbitration, subject to sanctions comprising compulsory labour, and including compulsory prison labour, must be limited in scope to essential services in the strict sense of the term (namely, those whose interruption would endanger the life, personal safety or health of the whole or part of the population).

The Committee requests the Government to supply information on the practical application of section 342 of the Penal Code and to indicate the measures taken or envisaged to ensure that sanctions involving the obligation to work cannot be imposed for participation in strikes.