Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Communication of texts. The Committee again requests the Government to provide, with its next report, copies of the full updated texts of the Code on the Execution of Sentences and the Code of Administrative Offences, as well as a copy of the State Probation Service Law, 2003, as amended. The Committee takes due note of the Government’s indication in the report that theses texts have not been translated into English.

Article 1(a) of the Convention. Sanctions for expressing political views. In its earlier comments, the Committee referred to certain provisions of the Law on Meetings, Marches and Demonstrations of 1997 prohibiting the expression of certain political or ideological views. It has noted the Government’s indication that violation of this Law is punishable by a fine or an administrative arrest for a term of up to 15 days, under section 174-3 of the Code of Administrative Offences, which provides for the application of such penalties in case of violation of the prescribed procedures for the organization and conduct of public meetings, processions and pickets. The Committee previously noted the Government’s indication in its report that administrative arrest does not involve the obligation to perform community service. While having noted these indications, the Committee requests the Government to clarify whether the imposition of an administrative arrest may involve the obligation to perform any other forms of compulsory work. Please also continue to supply information on the application of section 174-3 in practice, including the information on the penalties imposed.

The Committee notes the Government’s explanations concerning the application of section 27 of the Law on the Press and Other Media, section 39(1) of the Radio and Television Law, as well as respective provisions of the Code of Administrative Offences and the Criminal Law. It also notes the information concerning the application in practice of the Ombudsman Law, 2006, in relation to the protection of the constitutional right to freedom of expression.

Article 1(c). Penal sanctions applicable to public officials and responsible employees of enterprises or organizations. In its earlier comments, the Committee referred to section 319 of the Criminal Law, which provides that the non-performance or improper performance of duties by a public official as a result of a negligent attitude, causing substantial harm to state interests or to other persons, is punishable, among others, by the penalties of deprivation of freedom (which involves compulsory prison labour) or community service. It also referred to section 197 of the Criminal Law, which makes punishable with similar sanctions the improper performance of duties by a responsible employee of an enterprise or organization, as a result of a negligent attitude, if substantial harm has been caused to the enterprise or organization or to rights and interests of other persons.

The Committee recalls that Article 1(c) of the Convention prohibits the use of any form of forced or compulsory labour, including compulsory prison labour, as a means of labour discipline. While noting the Government’s explanations concerning the application of sections 197 and 319, and referring also to paragraphs 175–178 of its General Survey of 2007 on the eradication of forced labour, the Committee expresses the firm hope that these provisions of the Criminal Law will be reviewed, so as to limit their scope to the exercise of functions which are essential to safety or to circumstances where the life or health of persons are endangered, in order to bring these provisions into conformity with the Convention. Pending such revision, the Committee again requests the Government to provide information on the application of sections 197 and 319 in practice, indicating in particular the penalties imposed and supplying copies of the relevant court decisions.

Disciplinary measures applicable to seafarers. The Committee has noted that the Maritime Code of 29 May 2003 has repealed Regulations No. 168 concerning the Maritime Code of 16 August 1994.