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

The Committee notes the Government’s first report.

So that the Committee may ascertain that there are no provisions in the national legislation under which any form of forced or compulsory labour might be imposed in any of the cases listed in the Convention, the Government is requested to provide copies of the following legislative texts:

Article 1(a):

-  legislation on state of siege and state of emergency;

-  legislation on the defence of the internal and external security of the State;

-  legislation on the media (press);

-  legislation on the right of assembly and association.

Article 1(b):

-  legislation on cases of force majeure;

-  legislation on the mobilization of persons;

-  legislation on compulsory military service.

Article 1(c):

-  legislation on breaches of labour discipline;

-  legislation on the conditions of work of seafarers.

Article 1(d)

-  legislation on the right to strike and essential services.

The Committee also asks the Government to send a copy of the Penal Code and of the rules governing prison labour.

Article 1(a). The Committee notes the Media and Communication Code (Act No. 4 of 11 February 1998), sections 86 et seq. of which establish penalties of imprisonment. The Committee asks the Government to provide information on the practical effect given to these provisions enabling the Committee to assess their scope, together with copies of court decisions showing the field of application of the provisions.

The Committee notes that sections 25, 26 and 27 of the Charter of political parties (Act No. 91-4 of 12 April 1991) provide for imprisonment for breaches of certain provisions of the law. It asks the Government to provide information in its next report on the practical effect given to sections 5(1) (defence of national security and democracy); 5(2) (protection of the republican form of government) and 5(6) (defence of the Constitution and laws of the Republic), to enable the Committee to determine their scope. Please also provide copies of any relevant court decisions.

Article 1(c). The Committee notes that under section 79 of Ordinance No. 29 of 12 August 1971 establishing the Merchant Shipping Code, breaches of discipline whether committed by officers, passengers, ships’ masters or members of the crew are punishable by disciplinary detention of not more than 15 days. According to section 78, breaches of labour discipline include disobeying or refusing to obey orders concerning the vessel, failure to show respect to a superior or insulting a subordinate, quarrels and disputes without use of violence, negligence whilst on watch and absence without leave other than when the seafarer misses the departure of the vessel as a result.

Please indicate whether disciplinary detention involves the obligation to work.