Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observations which read as follows:

1. Article 1(a) of the Convention. For over ten years, the Committee has been referring in its comments to Legislative Decree No. 65 of 1979 respecting public meetings and gatherings, which establishes a system of prior authorization and, in the event of violations, provides for a penalty of imprisonment which involves, by virtue of the Penal Code, the obligation to work. The Committee noted that under section 6 of the above Decree, such authorization may be refused without giving reasons and that appeals against such refusal can be lodged only with the Minister of the Interior, whose decision is final. The Committee requested the Government to take the necessary measures to ensure observance of the Convention on this point.

In its previous report, the Government reiterated that the prior authorization provided for in the aforementioned Decree is a measure of national security and that it does not apply to private meetings.

The Committee recalls that it has noted on several occasions the importance for the effective observance of the Convention of legal guarantees respecting the right of assembly and the direct bearing that a restriction of this right can have on the application of the Convention. Indeed, it is often through the exercise of this right that political opposition to the established order can be expressed, and in ratifying the Convention the State has undertaken to guarantee persons who manifest this opposition in a peaceful manner the protection that the Convention affords them.

The Committee again asks the Government to take the necessary measures to bring Decree No. 65 of 1979 into conformity with the Convention, and, pending such action, to supply information on the application in practice of the provisions of the Decree, including the number of convictions for violations of its provisions and copies of any court decisions that define or illustrate their scope.

2. Article 2(c) and (d). In the comments that it has been making for more than ten years, the Committee has referred to Legislative Decree No. 31 of 1980 respecting security, order and discipline on board ship, under the terms of which certain breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment including an obligation to work.

The Committee noted that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention where such acts endanger the safety of the vessel or the life or safety of the persons on board, but that sections 11, 12 and 13 of Legislative Decree No. 31 of 1980 do not limit the application of the penalties involved in such acts.

The Committee requested the Government to re-examine Legislative Decree No. 31 of 1980 in the light of the Convention and to indicate the measures taken to bring the legislation on merchant shipping into conformity with the Convention.

In its previous report, the Government again referred to the need to be able to grant the captain of a vessel the necessary powers to maintain discipline and safety on board.

The Committee once more expresses the hope that the Government will take the necessary measures to amend Legislative Decree No. 31 of 1980 in order to limit the imposition of penalties involving compulsory labour to cases in which the violations committed constitute a danger for the life or safety of the persons on board and that it will provide information on the action taken to this effect.