Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows.

Adoption and communication of legislation which may have an impact on the application of the Convention. The Committee notes from the Government’s web site that a draft Penal Code has been finalized and that it is to be adopted shortly. It has also learnt of the adoption in 2006 of a Press Act which repeals the Press Act of 1991. The Committee asks the Government to communicate a copy of the new Press Act and a copy of the new Penal Code once it has been adopted.

Within the context of the revision of penal legislation, the Committee wishes to recall that work imposed upon persons as a consequence of a conviction in a court of law, in most cases, has no relevance to the application of this Convention. However, where an individual has to perform labour including compulsory prison labour, because she or he has expressed certain political views or views opposed to the established political, social or economic system, or has participated in a strike, the situation is covered by the Convention. Accordingly, prison sentences, where they involve compulsory labour – which is the case in Angola under sections 13 and 50(c) of the Prison Regulations of 9 July 1981 – fall within the scope of the Convention when they penalize breaches of the prohibition to express views or opposition, or participation in a strike. The Committee hopes that the Government will take the above comments into account within the context of the revision of penal legislation. In this regard, it asks the Government to provide information on the impact that the new Press Act and the new Penal Code, once adopted, have on the application of the Convention.

Article 1(c) of the Convention. Imposition of forced labour as a means of labour discipline. In its previous comments, the Committee drew the Government’s attention to the need to amend certain provisions of the Merchant Shipping Penal and Disciplinary Code, 1943, which are not in conformity with the Convention. These provisions allow custodial prison sentences to be imposed (involving compulsory labour, by virtue of sections 13 and 50(c) of the Prison Regulations of 9 July 1981) for failure to carry out orders concerning services which do not endanger the safety of the vessel or the life or health of persons on board. Under section 132 of the Merchant Shipping Penal and Disciplinary Code, a crew member who deserts at the port of embarkation is liable to a prison sentence of up to one year; desertion in any other port may be punished by a sentence of two years. Under the terms of section 137, a crew member who fails to carry out orders issued by his superiors concerning services which do not endanger the safety of the vessel may be punished by a prison sentence of from one to six months. A crew member who refuses to obey an order and subsequently carries it out voluntarily may be punished by a maximum of three months’ imprisonment.

The Committee notes that the Government stated that a general revision of merchant shipping legislation is under way. It further stated that this process would take into account the Committee’s comments and the need to align national legislation with the recently adopted ILO Conventions on maritime labour which Angola intends to ratify. The Committee therefore trusts that the necessary amendments will be made to the Merchant Shipping Penal and Disciplinary Code in the very near future in order to ensure that breaches of labour discipline which do not endanger the safety of the vessel or the life or health of persons on board are not liable to a prison sentence. Please provide a copy of the legislation adopted in this respect.

Article 1(d). Imposition of prison sentences involving compulsory labour as a punishment for having participated in strikes. The Committee previously drew the Government’s attention to the need to amend the provisions of section 27(1) of the Strike Act (Act No. 23/91 of 15 June 1991), under which the organizers of a strike that is prohibited, unlawful or suspended by virtue of the law are liable to a prison sentence and a fine. The Committee pointed out that this provision, read in conjunction with other legislative provisions restricting the exercise of the right to strike, was inconsistent with Article 1(d) of the Convention. In fact, forced labour, in the form of a prison sentence involving the obligation to work, may be imposed on the organizer of a strike that is prohibited, unlawful or suspended and, at the same time, legislation provides restrictions on the right to strike which run counter to the principles of freedom of association. The Committee notes the Government’s statement to the effect that the Strike Act is currently under revision, and it is hoped that this revision will respond to the concerns expressed by the Committee. The Committee hopes that the legislative revision process can be completed as soon as possible so as to ensure that, in accordance with this provision of the Convention, participation in a strike cannot be punished by a prison sentence (involving compulsory labour).