Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the Government’s reports.

Article 1(a) of the Convention. In its previous comment, the Committee noted section 9(1) and (2) of Act No. 33/91 of 5 August 1991, with respect to demonstrations on public thoroughfares and public meetings, under which any person who organizes an unauthorized demonstration or meeting shall be liable to a sentence of imprisonment. The Committee notes that, in accordance with section 39 of the Penal Code and section 40 of Ordinance No. 111/127, of 20 May 1961, with respect to prison organization, work is compulsory for all convicted prisoners. The Committee also noted that, according to the Government’s report, any person who expresses their political, social or economic opinions may be convicted to sentences involving the obligation to work as a punishment in the event of failure to comply with the provisions of Act No. 33/91.

The Committee requested the Government to ensure that persons who hold or express - by means or methods that neither use violence nor incite to violence - an opinion opposed to the establish political, social or economic system do not incur sentences involving penalties, in contravention of the Convention. In this respect, it notes that according to its latest report the Government has taken due note of the Committee’s comments, but states that no amendment has been made to the legislative texts. The Committee once again requests the Government to take the necessary measures as soon as possible to ensure the application of the Convention on this point.