Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Since 1987, the Committee has been drawing the Government’s attention to the following provisions of the Penal Code (1982) providing for penalties of imprisonment involving, in accordance with section 1 of Order No. 68-353 of 6 April 1968 (regulating work by prisoners in detention and reform centres), the obligation to work, or the circumstances which may fall into the scope of Article 1(a) of the Convention:

• – section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security, or to discredit political institutions or their operation;
• – section 94: incitation to unarmed riotous assembly;
• – section 99: participation in the organization of an unannounced demonstration;
• – section 252: shouting and singing in public places or at public meetings; and
• – section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news in bad faith that has affected or might affect the morale of the population.

The Committee notes the Government’s indication that the draft Penal Code does not provide for penalties involving forced labour and that Order No. 68-353 has fallen into abeyance. While noting this information, the Committee recalls that the Government previously indicated that it intended to formally repeal Order No. 68-353 and that draft legislation might be submitted to the National Assembly.The Committee hopes that the Government will take the necessary measures to formally repeal Order No. 68-353 regulating work by prisoners in detention and reform centres. The Committee also hopes that, in the context of the adoption of the new Penal Code, the Government will take the necessary measures to ensure that persons who peacefully express their political views or views opposed to the established political, social or economic system are not liable to sentences of imprisonment involving compulsory labour. The Committee requests the Government to provide a copy of the new legislation regulating work by prisoners in detention and reform centres and a copy of the Penal Code, once they have been adopted.