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

Article 1(a) of the Convention. Sentences of imprisonment involving the obligation to work imposed as a punishment for expressing political opinions. In its previous comments, the Committee noted that violation of certain provisions of the Penal Code and Act No. 6132 of 1962 on the expression and dissemination of opinions in respect of affront, defamation or slander may be punished by a sentence of imprisonment. Noting that convicted prisoners are under the obligation to work (section 57 of Act No. 224-84 regulating the prison regime), the Committee drew the Government’s attention to the incidence of the Convention applied to sentences of imprisonment involving the obligation to work for offences related to the holding or expressing of political views or views ideologically opposed to the established political, social or economic system. The Committee referred to section 86 of the Penal Code (public offence against the Head of State), section 368 of the Penal Code (public affront against the Head of State), sections 369 and 372 of the Penal Code (defamation and slander against deputies, representatives of congress, secretaries of state, magistrates of the Supreme Court or of courts of first instance), section 370 (defamation of depositaries of public authority) and sections 25 and 34 of Act No. 6132 (concerning, respectively, offence against the President of the Republic and defamation against courts and tribunals, the armed forces, the police, the chambers of Congress, municipal authorities and other state institutions, members of the Cabinet and one or more members of the legislative chambers, one or more public servants, one or more depositaries of public authority).

The Committee noted that, in Ruling No. 91 of 16 December 2005, the Supreme Court of Justice, referring to the Act on the expression and dissemination of opinions, applied the principles of the Inter-American Court of Human Rights and held that laws that criminalize the expression of opinions which are offensive to public officials are contrary to freedom of expression. Noting this case law, the Committee requested the Government to indicate the measures adopted to bring the national legislation into line with Article 1 of the Convention, which prohibits the use of any form of forced or compulsory labour, including compulsory prison labour, as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes the absence of information on this subject in the Government’s report. It has nevertheless come to its knowledge that a commission has been established with responsibility for examining the legislation respecting the media and that it is reported to have prepared draft legislation in this field. The Committee hopes that on the occasion of this review of the legislation the Government will take the necessary measures to amend the provisions of Act No. 6132 on the expression and dissemination of opinions and of the Penal Code. In the meantime, the Committee requests the Government to provide information on the number of persons convicted on the basis of these provisions, the nature of the charges brought and the sanctions imposed including, where appropriate, copies of the relevant court rulings.

Article 1(b). Mobilization and use of labour for purposes of economic development. The Committee notes the adoption on 26 January 2010 of a new Constitution. It observes that Article 75(4) includes among the fundamental duties of citizens the provision of services for development. The provision of such services is required for Dominican nationals of both sexes between the ages of 16 and 21 years. It may be carried out voluntarily by persons over the age of 21. Article 75(4) specifies that such services shall be regulated by law. The Committee observes that this constitutional provision appears to impose upon all citizens between the ages of 16 and 21 years an obligation to work with a view to participating in the development of the country. It recalls that Article 1(b) of the Convention prohibits the use of compulsory labour as a method of mobilizing and using labour for purposes of economic development. The Committee therefore requests the Government to provide information on the nature of this fundamental duty set out in the Constitution and the manner in which it is given effect in practice, with an indication of the penalties incurred by persons who refuse to carry out work required under the terms of this duty. Please provide copies of any legislation adopted in this respect.