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

Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For many years, the Committee has been drawing the Government’s attention to a series of provisions in the Penal Code under which activities pertaining to freedom of expression and assembly are treated as offences punishable by imprisonment. They are the following:

–      section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security or to discredit the political institutions or their operations;

–      section 94: incitation to unarmed riotous assembly;

–      section 99: participation in the organization of an unannounced demonstration;

–      section 252: shouting and singing in public places or at public meetings;

–      section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news that has affected or might affect the morale of the population.

According to section 1 of Order No. 68-353 of 6 April 1968 to organize the work regime of inmates of detention and reform centres, penalties of imprisonment include compulsory work for all inmates. The Committee recalled in this context that the Convention prohibits all use of compulsory work, including in the form of compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It asked the Government to take the necessary steps to ensure that persons covered by the Convention may not be subjected to punishment which involves the obligation to work.

In its report, the Government indicates that the Ministry of Labour, in conjunction with the Ministry of Justice, undertakes, within a reasonable period, to repeal Order No. 68-353 and bring sections 79, 94, 99, 252 and 254 of the Penal Code into line with the Convention. The Committee takes note of this information and hopes that measures will indeed be taken to amend the abovementioned legislation so as to ensure that persons who peacefully express political views or views ideologically opposed to the established political, social or economic system may not be subjected to penalties involving an obligation to work. This will entail either abolishing the prison penalties established in sections 79, 94, 99, 252 and 254 of the Penal Code or abolishing the requirement for prison inmates to work (section 1 of Order No. 68-353).