Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 1(a), (c) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views, for breaches of labour discipline and for participation in strikes. For many years, the Committee has been referring to certain provisions of the Economic Penal Code, the Penal Code, the Agricultural Labour Code and the Press Act, under which prison sentences involving compulsory labour can be imposed as a punishment for expressing views opposed to the established political system, as a punishment for breaches of labour discipline and for participation in strikes.

The Committee previously noted from the Government’s earlier report that a draft legislative decree to amend the Penal Code had been prepared by the Ministry of Justice. The Government reaffirmed its commitment to bring legislation into conformity with the ratified ILO Conventions, taking due account of the Committee’s comments, and indicated, in particular, that the draft legislative decree was aiming at the elimination of all obligation to perform prison labour by removing from the text of the Penal Code such terms as “imprisonment with labour”, “life imprisonment with hard labour” or “temporary hard labour”.

In its latest report, the Government indicates that it endeavours to resolve the problems identified in the Committee’s comments by way of the adoption of the new Penal Code, which is currently being discussed and is going through various legal channels and phases of adoption.

While noting this information, as well as the Government’s renewed commitment to bring legislation into conformity with the Convention, the Committee expresses the firm hope that, following the adoption of the new Penal Code, persons convicted for activities coming under the purview of the Convention, and, in particular, persons convicted under the provisions referred to of the Economic Penal Code, the Penal Code, the Agricultural Labour Code and the Press Act, would no longer be under an obligation to perform labour, although they might be allowed to engage in work. The Committee hopes that the new Penal Code will be adopted in the near future and that the Government will supply a copy of the new Code, as soon as it is promulgated.