Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Suriname (Ratification: 1976)

Autre commentaire sur C105

Demande directe

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Article 1(a) of the Convention. Sanctions involving compulsory labour as punishment for the expression of political or ideological views. For many years, the Committee has been referring to section 1 of Decree No. B-10 of 29 June 1983, which prohibits, among other things, the possession or distribution of proscribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; and to section 2 of that Decree which provides for penalties of imprisonment. It further noted that sections 14, 16, 35 and 37 of the Penal Code, which provided that persons sentenced to imprisonment and detention could be subject to compulsory labour, were repealed. It noted however that, following amendments to the Penal Code in 2015, community service was established as a compulsory, rather than an alternative, sanction (section 9). The Committee pointed out that these provisions may lead to the imposition of compulsory labour as a punishment for expressing political or ideological views.

The Committee notes the Government’s indication, in its report, in response to the its request, that the Ministry of Justice has not disclosed further plans to repeal Decree No. B-10 of 29 June 1983. It notes that the Government adds that the Ministry of Labour will communicate to the Ministry of Justice and Police that compulsory labour may not be applied as a sanction in the context of political and ideological views. Recalling that penalties involving compulsory labour cannot be imposed for the expression of political and ideological views, the Committee once again urges the Government to take all the necessary measures to ensure that Decree No. B-10 of 29 June 1983 will be formally repealed to bring the legislation into conformity with the Convention and indicated practice.

Article 1(c). Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. In its previous comment, the Committee noted that following amendments to the Penal Code in 2015, section 455 narrowed the scope of certain breaches of labour discipline by seafarers to situations of danger. The Committee noted as above, that the sanction of community service in the amended version of the Penal Code of 2015 was established as a compulsory, rather than an alternative, sanction (section 9).

The Committee notes the Government’s indication, in response to its request, that no communication has been received from the Ministry of Justice to indicate that there is an intention to amend the Penal Code. It further notes that section 464(1), indent 4, of the Penal Code still provides for a sentence of imprisonment of up to six months for disobedience, without referring to a situation where the ship, the life or the health of persons are endangered. In this respect, the Committee recalls that the imposition of compulsory community service for acts of labour discipline is incompatible with the Convention. The Committee requests the Government to take the necessary measures to ensure that section 464(1), indent 4, of the Penal Code is amended so as to ensure that sanctions involving compulsory labour are restricted to breaches of labour discipline by seafarers in situations where the ship, or the life or health of persons is endangered.