Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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

Autre commentaire sur C105

Observation

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Article 1(a) of the Convention. Imposition of penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that the draft Penal Code under discussion still provided for prison sentences for the offences of slander and defamation. It drew the Government’s attention to the fact that the Convention prohibits the imposition of forced labour, including compulsory prison labour, for the expression of political views or opposition to the established political, social or economic system. It emphasized that the imposition of prison sentences that involve compulsory labour, which is the case in Angola by virtue of sections 13 and 50(c) of the Regulations of the progressive regime of 9 July 1981, can have an impact on compliance with Article 1(a) of the Convention when they punish the expression of political views or opposition to the established system. The Committee requested the Government to take these considerations into account and to ensure the conformity of the provisions of the future Penal Code with the Convention, particularly with regard to the penalties applicable in the event of defamation.

In its report, the Government indicates that the national legal system does not contain any provision envisaging compulsory prison labour as a sanction or punishment for the expression of political views. The obligation to perform work in prison is an indirect result of conviction by the courts as it is only from the moment of conviction that the convict becomes a detainee and is accordingly subject to the requirement to work. Such work is intended to facilitate the reintegration of the detainee into society and applies to all detainees irrespective of the nature of the crime or offence. The Government considers that there is no lack of conformity between the Convention and the provisions establishing penalties for the offences of defamation and other offences arising out of violations of the limits on the exercise of freedom of expression, also considering that the prison labour performed by convicted persons must not be considered forced labour, in accordance with Article 2(2)(c) of the Forced Labour Convention, 1930 (No. 29).

The Committee notes the Government’s position. It recalls that, although Convention No. 29 and Convention No. 105 are complementary, the exceptions envisaged in Article 2(2) of Convention No. 29 do not automatically apply to Convention No. 105. With regard to the exemption of prison labour or other forms of compulsory labour exacted as a consequence of a conviction in a court of law, in the majority of cases, such compulsory labour will have no relevance to the application of Convention No. 105, such as in the case of the exaction of compulsory labour from common offenders. However, in the case of persons required to work in prison following a conviction to a prison sentence for participation in political activities or expressing certain views, breaches of labour discipline or participation in a strike, this situation is covered by Convention No. 105. The Committee stresses that the purpose of the Convention is to ensure that no form of compulsory labour, including compulsory prison labour exacted from convicted persons, is imposed in the circumstances specified in the Convention, which are closely interlinked with the exercise of civil liberties (see also 2012 General Survey on the fundamental Conventions, paragraph 300).

In this regard, the Committee notes with regret that the new Penal Code maintains penal sanctions in the form of prison sentences for the offences of defamation (section 313) and slander (section 312). It also notes that section 333 provides that any person who publicly and with the intention of causing offence and insults through the use of words, images, writings, drawings or sounds against the Republic, the President of the Republic or any other sovereign body shall be liable to a sentence of imprisonment of between 6 months and three years and a fine. The Committee recalls in this regard that persons convicted to sentences of imprisonment are required to work (sections 13 and 50(c) of the Regulations of the progressive regime of 9 July 1981 and 60 of the Prisons Act No. 8/08 of 29 August 2008).

The Committee requests the Government to take the necessary measures to review the above provisions of the Penal Code and to ensure that, in accordance with the Convention, no one is compelled to perform labour, particularly compulsory prison labour, as a result of a conviction for having expressed certain political views or views opposed to the established political, social or economic system. It once again requests the Government to provide information on any prosecutions or court decisions under the provisions of the Penal Code establishing the offences of slander, defamation and insults against the Republic or the President of the Republic (sections 312, 313 and 333), with an indication of the facts leading to the prosecutions and the penalties imposed.

Article 1(d). Imposition of prison sentences involving an obligation to work as a punishment for having participated in strikes. The Committee previously drew the Government’s attention to the need to amend the provisions of section 27(1) of the Act on Strikes (Act No. 23/91 of 15 June 1991), under which the organizers of a strike that is prohibited or illegal or has been suspended by law were liable to prison sentences or fines. Accordingly, the organizer of a prohibited, illegal or suspended strike who has been convicted to a sentence of imprisonment could be compelled to perform compulsory prison labour. The Committee notes with satisfaction that section 27 of Act No. 23/91 on Strikes has been repealed following the adoption of the new Penal Code (section 6(2)(g) of Act No. 38/20 of 11 November 2020).

The Committee is raising other matters in a request addressed directly to the Government.