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

Article 1(a) of the Convention. Sentences of imprisonment involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system.

1. The Committee notes that sentences of imprisonment (involving the obligation to work under section 25 of the Prison Regulations (Decree No. 48 of July 1998)) may be imposed under various provisions of the national legislation in circumstances covered by Article 1(a) of the Convention, namely:

–      Section 134 of the Penal Code, which prohibits the establishment of associations, (political) parties and organizations which are opposed to the political, economic and social system of the Sultanate. Any body that is established in violation of these provisions shall be dissolved and its founder members and any other member shall be sentenced to a penalty of imprisonment (from one to ten years).

–      Sections 5 and 54 of the Law on private associations (Royal Decree No. 14/2000) which prohibit the establishment of associations or parties for political or religious purposes and establish a penalty of imprisonment of six months (including compulsory labour) for any person who participates in activities other than those for which the association was established.

–      Section 61 of the Law on telecommunications (Royal Decree No. 30 of 12 March 2002) which provides for a penalty of imprisonment of one year for any person who, using a means of telecommunication, draws up a message that is contrary to public order and morals or which is intended to injure a person through the use of false information.

–      The Law on publication and printing (Royal Decree No. 49/84 of 26 May 1984), of which section 25 prohibits any publication prejudicial to the person of the King, the image of Islam or imperilling the prestige of the State; section 27 prohibits any publication injurious to the national currency or giving rise to confusion about the economic situation of the country; and section 33 prohibits the publication of information or the coverage of any subject without prior authorization (from the Ministry of Information and Communications).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this respect to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, in which it emphasizes that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

Accordingly, the range of activities which Article 1(a) of the Convention seeks to protect includes: the freedom to express political or ideological views, either orally or through the press or other communication media; and various other generally recognized rights, such as the right of association, through which citizens seek to secure the dissemination and acceptance of their views and the adoption of policies and laws reflecting them, and which also may be affected by measures of political coercion. In view of this explanation, the Committee invites the Government to re-examine these provisions with a view to ensuring that persons who have expressed or who express certain political views or their ideological opposition to the established political, social or economic system through political parties or various communication media are not subject to penalties of imprisonment involving compulsory labour. In this regard, the Committee also requests the Government to provide information on the application in practice of the provisions referred to above, including copies of court rulings, with an indication of the penalties imposed.

2. The Committee notes the Government’s statement that there are no laws on political parties, meetings or demonstrations, apart from the principles established in the Constitution. The Committee requests the Government to indicate the manner in which the right to demonstrate and to organize public meetings is exercised in practice and to indicate the penalties which may be applied to persons who organize or participate in public demonstrations or meetings.

Article 1(c). Disciplinary penalties applicable to seafarers. The Committee notes the provisions of the Maritime Code, and particularly sections 130 and 132, enumerating the duties of seafarers. The Committee requests the Government to provide copies of the provisions establishing the disciplinary system for seafarers, and particularly the penalties envisaged for offences against labour discipline.

Article 1(d). Penalties imposed for participating in strikes. The Committee notes that the Regulations on collective bargaining and peaceful strikes (Ministerial Decision No. 294 of 2006) provide in section 20 that all strikes are illegal in establishments which provide essential or public utility services. The Committee requests the Government to indicate the services which are considered to be essential and public utility services and to provide copies of any regulations adopted in this respect. Please also indicate the penalties that may be imposed on persons who participate in a strike in these services.

The Committee also requests the Government to indicate which provisions govern the exercise of the right to strike of public employees and to provide a copy thereof.