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Also referring to its observation, the Committee takes note of the Government’s reports and asks it to communicate information on the following point.

Article 2, paragraph 1
Punishment of vagrancy

In its previous direct requests, the Committee had asked the Government to supply detailed information on the application in practice of section 329 of the Penal Code, under which persons convicted of vagrancy can be sentenced to a period of one to six months’ imprisonment. The Committee notes the Government’s information, according to which section 329 does not apply to unemployed persons with their own means of subsistence, for example from an inheritance, or to persons who have sought employment without success; it applies only to persons whose failure to work is likely to become a nuisance to others, in particular if they have no home and no means of subsistence. The Committee notes that in practice the courts endeavour to establish adequate proof, such as the absence of a fixed address and means of subsistence, a person’s failure to work despite being able to do so, failure to supply evidence of having sought work unsuccessfully, or refusal of employment when offered. The Committee also notes the cases indicated in the report of persons who have been sentenced for vagrancy. The Committee notes with interest the fact that none of the cases enumerated by the Government relate to convictions based on the mere fact of vagrancy alone, but on the contrary, relate to convictions for multiple offences, that is, vagrancy accompanied by other offences, including acts of violence, robbery or attempted robbery and begging. The Committee notes, however, that the terms of section 329 of the Penal Code provide a much broader definition of vagrancy than the one applied by the courts, since this section defines as a vagrant "anyone without a fixed home or means of subsistence, who does not normally exercise an occupation or trade despite being able to do so and who is unable to show evidence of having sought employment, or has refused work when it has been offered". Consequently, the Committee requests the Government to take the necessary measures to ensure that the actual practice of the courts in this area is reflected in law by amending section 329 of the Penal Code in such a way that it no longer defines as vagrants persons who, even if they have no fixed address, means of subsistence or employment, pose no threat to public order or safety.