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

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. The Committee has been commenting for a number of years on sections 111, 113, 116, 154 and 157 of the Penal Code which provide for sentences involving compulsory labour in cases, inter alia, of expression of opinions directed against the public authorities, and also to sections 4, 12, 19, 33 and 34 of Act No. 90-53 on freedom of association, which provides the same sentences for activities connected to the maintenance of an association which has been dissolved.

In its last report, the Government indicates that the overall question is one of sovereignty, that no State can allow disturbance of national cohesion and that the relationship to the Convention of the sections in question does not appear clear. The Committee takes due note of these indications. It recalls that the Convention protects neither slander nor violence or inciting to violence. However, as the Committee indicated in paragraphs 133-140 of its 1979 General Survey on the abolition of forced labour, the protection provided by the Convention is not limited to activities expressing or demonstrating dissent within the framework of established principles. Consequently, the fact that some activities aim to bring about fundamental changes in the institutions of the State, does not provide grounds for considering them to be outside the scope of the Convention, provided that, in the pursuit of the objective sought, violent methods are neither used nor advocated.

It is to ascertain that the application in practice of the abovementioned penal provisions is limited to activities falling outside the scope of the Convention, that the Committee has repeatedly requested the Government to supply, in particular, copies of any judicial decisions which define or illustrate their scope, as well as information on any measures taken or envisaged to ensure the observance of the Convention in this connection. Since this information is still lacking, the Committee is renewing its request in a more detailed request addressed directly to the Government.

Article 1(c) and (d). In its comments for a number of years, the Committee has noted that under section 226, 229, 242, 259 and 261 of Merchant Shipping Code (Ordinance No. 62/DF/30 of 1962), certain breaches of discipline committed by seamen may be punished by imprisonment involving the obligation to work.

The Government had stated that studies were being conducted with a view to revising the Merchant Shipping Code and harmonizing national legislation and practice with the provisions of the Convention. Since no information on this subject was included in the Government’s last report, the Committee again expresses the hope that the Government will report the results of these studies and on progress in the revision of the Merchant Shipping Code and indicate the measures taken or envisaged to ensure that sentences of imprisonment involving forced labour can no longer be incurred by seamen for breaches of discipline that do not endanger the vessel or human life or health.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.