Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Kenya (Ratification: 1964)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. Political Parties Act. In its earlier comments the Committee had drawn the Government’s attention to certain provisions of the Political Parties Act, 2011. It noted that, under section 4(2) the Registrar shall not register a political party, if the requirements of article 91 of the Constitution are not met, that is, if it is founded on a religious, linguistic, racial, ethnic, gender or regional basis. The Registrar shall also deregister a political party on the same grounds under section 21(1) of the Act. Under section 22(1) where the registration of a political party has been cancelled, no person shall summon a meeting of its members or officers, or attend a meeting in the capacity of a member or officer, or invite persons to support the political party, etc. The Committee noted that, according to section 46 any violation of the provisions of the Act is punishable with fines or imprisonment for a term of not less than two years. It further noted that imprisonment involves compulsory prison labour under Rule 86 of the Prison Rules.

With reference to sections 21 and 46 of the Political Parties Act, the Committee notes the Government’s indication in its report that the prohibition of using compulsory labour does not include the use of compulsory labour as a punishment with regard to criminal offences such as the misappropriation of public funds by individuals within a political party. Moreover, the Government states that the Political Party Act does not establish sanctions for citizens or members of political parties who hold or express political views opposed to the established political system. Lastly, the Government indicates that there are currently no court decisions pursuant to section 46 of the Act.

The Committee observes that the above-mentioned provisions of the Political Parties Act, 2011 are not only limited to criminal offences such as the misappropriation of public funds by individuals within a political party or to acts of violence or incitement to violence. These provisions are broad enough that they may lead to the imposition of penalties involving compulsory labour as a punishment of various non-violent actions relating to the organization of political parties.

The Committee recalls, that Article 1(a) of the Convention prohibits the use of compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views ideologically opposed to the established political, social or economic system. The range of activities which must be protected, under this provision, from punishment involving compulsory labour thus comprises the freedom to express political or ideological views which may be exercised orally or through the press and other communications media or through the exercise of the right of association, including by the establishment of political parties or societies. However, certain limitations may be imposed by law on the rights and freedoms concerned, which must be accepted as normal safeguards against their abuse, examples being laws against incitement to violence, civil strife or racial hatred (General Survey on fundamental Conventions, 2012, paragraphs 302–303). The Committee requests the Government to provide information on the application in practice of the above mentioned provisions of the Political Parties Act, indicating whether or not any registration of a political party has been refused or cancelled on the grounds of article 91 of the Constitution, and whether any sanctions, involving compulsory labour have been applied in the case of a deregistered political party whose activities are still being carried out by its members.