Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Article 1(a) of the Convention. Imposition of sentences of imprisonment 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 referred to certain provisions of Act No. 4/91 on the press, under which the offences of insult or defamation against the Head of State may be punished by penalties of imprisonment (section 40.2 read in conjunction with section 44.2). It noted in this connection that, unlike the provisions of section 128 of the Penal Code, the Press Act does not allow the submission of proof of the allegations in such cases (section 41). The Government indicated previously that section 41 of the Press Act should be deemed to have been tacitly repealed in view of the subsequent adoption of the Penal Code, particularly by virtue of section 128, under which anyone accused of these offences may in all circumstances provide proof of their allegations and therefore avoid conviction.

The Committee notes that, in its report, the Government states that since the Penal Code makes no provision for the penalty of forced labour, no one may be sentenced to forced labour. The Committee points out that as well as protecting persons expressing political views from being sentenced to forced labour, the Convention also lays down a general prohibition on the imposition of compulsory labour on such persons – which would be the case where someone expressing a political opinion is sentenced to imprisonment and the national legislation at the same time provides an obligation to work in prison. The Committee notes in this connection the Government’s statement that there is no obligation on prisoners to work. In these circumstances, the Committee requests the Government to specify the provisions of the national legislation establishing the voluntary nature of the work done by persons sentenced to imprisonment. Please also provide a copy of Decree No. 12/2011 approving the minimum rules for the treatment of prisoners, and Decree No. 13/2011 approving the organization of prisons, to which the Government referred in its report on the application of the Forced Labour Convention, 1930 (No. 29).