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

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:

Article 1, subparagraph a, of the Convention. Imposition of prison sentences involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that, under Act No. 19/91 on State Security, illegal activities intended to modify institutions of the State (section 15) and the offences of defaming, slandering and insulting the President of the Republic, members of the Government, High Court judges or members of the Constitutional Council (section 22), are punishable by prison sentences which involve compulsory labour. The Committee recalled that the Convention prohibits any recourse to forced or compulsory labour, including compulsory prison labour, as a punishment for persons who, without resorting to violence, hold or express political views or views ideologically opposed to the established political, social or economic system.

In this regard, the Government has indicated that no rulings have been handed down or sentences imposed in accordance with the State Security Act. The Committee notes this information. In so far as, firstly, under sections 15 and 22 of the Act, activities likely to fall within the scope of the Convention could be punishable by a prison sentence and, secondly, persons sentenced to imprisonment are compelled to work, the Committee requests the Government to continue to indicate in its future reports whether individuals have been sentenced in accordance with these provisions of the Act. Please provide, where appropriate, a copy of the court rulings handed down which, by illustrating the type of activities which may be punished, will allow the Committee to examine in practice the scope of these provisions, in the light of the Convention.

Article 1, subparagraphs a and b. While noting that the Government already indicated previously that it had become obsolete, the Committee recalls the need to repeal formally the Ministerial Directive of 15 June 1985 on the evacuation of towns under which persons identified as “unproductive” or “anti-social” may be arrested and sent to re-education centres or assigned to productive sectors.

Article 1, subparagraphs b and c. Imposition of prison sentences involving an obligation to work for purposes of economic development and as a means of labour discipline. For many years, the Committee has been emphasizing the need to amend or repeal the provisions of Act No. 5/82 of 9 June 1989 relating to the defence of the economy. This Act provides for the punishment of behaviour which, directly or indirectly, jeopardizes economic development, prevents the implementation of the plan or is detrimental to the material or spiritual wellbeing of the population. Sections 10, 12, 13 and 14 of the Act prescribe sentences of imprisonment involving compulsory labour in several cases of failure to fulfil the economic obligations set forth in instructions, directives, procedures, etc., governing the preparation or implementation of the national plan. Section 7 of the Act punishes unintentional behaviour (such as negligence, the lack of a sense of responsibility, etc.) resulting in the infringement of managerial and disciplinary standards.

The Committee notes that the Government has indicated that Act No. 5/82 on the defence of the economy and Act No. 9/87 amending it were repealed by the Assembly of the Republic on 21 March 2007. However, on 20 June 2007, the Constitutional Council declared as unconstitutional the Act adopted by the Assembly which repealed Acts Nos 5/82 and 9/87. The Committee notes that, in its decision, the Constitutional Council considered that the repeal of these Acts in their entirety would have the effect of no longer criminalizing nor punishing certain behaviours which jeopardize economic development which are not punishable by other texts, therefore leaving a gap in the legal systems. The Committee hopes that the Government will take all the necessary steps to repeal the provisions of Act No. 5/82 on the defence of the economy, amended by Act No. 9/87, which are contrary to the Convention.

Article 1, subparagraph (d). Sanctions imposed for participation in a strike. The Committee notes the adoption in 2007 of a new Labour Act (Act No. 23/2007). It notes that, under section 268(3), striking workers who violate the provisions of sections 202(1) and 209(1) (obligation to ensure a minimum service) are liable to disciplinary sanctions and may incur criminal liability in accordance with the general legislation. The Committee requests the Government to indicate the nature of the penalties incurred by these striking workers where they incur criminal liability and the provisions of the general legislation applicable in this regard.

Process of reforming the criminal legislation. The Committee requests the Government to indicate the progress made in revising the Penal Code. It also requests it to provide a copy of the legislation regulating prison labour and indicate whether this legislation is also to be revised.