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Article 1(d) of the Convention. Penalties involving compulsory labour as a punishment for having participated in strikes. In comments made since 1980, the Committee has been referring to section 160 of Penal Law 5737-1977, which stipulates that “if the Government is of the opinion that serious disturbances exist in labour relations, threatening or prejudicing the economy in Israel or trade with foreign States, it may by proclamation declare a state of emergency for the purposes of this section, and so long as such a proclamation is not revoked, a person who takes part in a lockout or strike in relation to the commercial transport of goods or conveyance of passengers in Israel or between Israel and foreign States or in the provision of a public service in Israel or incites to, aids or encourages such a lockout or strike or the continuance thereof is liable to imprisonment for one year”, which involves an obligation to perform labour by virtue of section 48(a) of the same Law. While having noted the Government’s repeated statement that section 160 has never been enforced, the Committee expressed the hope that this section would be either repealed or amended so as to limit its scope to circumstances which would constitute a “state of emergency” in the strict sense of the term, namely when the existence or well‑being of the whole or part of the population is endangered, provided that the duration of the prohibition is limited to the period of immediate necessity.

The Committee notes the Government’s indication in its report that, in the near future, the Ministry of Public Security, which is responsible for the legal arrangements relating to prisons, will table a Government sponsored Bill concerning the employment of prisoners, which will include a provision stipulating that the obligatory work generally applicable to prisoners shall not apply to a prisoner who is serving a sentence in respect of an offence under section 160 of the Penal Law.

The Committee hopes that the Government will keep the ILO informed of the progress made in the adoption of the Bill on the employment of prisoners referred to above and that the legislation will soon be brought into conformity with the Convention on this point.

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Article 1(a) of the Convention. Punishment for expressing political views. In its earlier comments, the Committee noted the Government’s repeated indication that no legal proceedings had been instituted and no penalties imposed for offences falling under sections 145(2) and (5), 146 – 149, 151 or 159(a) of Penal Law 5737-1977, concerning seditious statements and publications. The Committee would appreciate it if the Government would provide, in its future reports, information on the application of these provisions in practice, if and when such information becomes available, including copies of any court decisions defining or illustrating the scope of these provisions, in order to enable the Committee to ascertain that they are not applied in a manner incompatible with the Convention.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. In comments made since 1980, the Committee has been referring to section 160 of Penal Law 5737-1977, which stipulates that “if the Government is of the opinion that serious disturbances exist in labour relations, threatening or prejudicing the economy in Israel or trade with foreign States, it may by proclamation declare a state of emergency for the purposes of this section, and so long as such a proclamation is not revoked, a person who takes part in a lockout or strike in relation to the commercial transport of goods or conveyance of passengers in Israel or between Israel and foreign States or in the provision of a public service in Israel or incites to, aids or encourages such a lockout or strike or the continuance thereof is liable to imprisonment for one year”, which involves an obligation to perform labour in accordance with section 48(a) of the same Law.

The Committee pointed out that a suspension of the right to strike enforceable by sanctions involving compulsory labour may be considered as compatible with the Convention only in so far as it is necessary to cope with the cases of force majeure in the strict sense of the term, namely when the existence or well-being of the whole or part of the population is endangered, provided that the duration of the prohibition is limited to the period of immediate necessity. While noting the Government’s repeated statement that section 160 has never been enforced, the Committee expressed the hope that this section would be either repealed or amended so as to limit its scope to circumstances which would constitute a “state of emergency” in the strict sense of the term.

The Committee previously noted the Government’s indication in its reports that the amendment of section 160 would be examined within the framework of an overall revision of the Penal Law. However, the Government indicates in its latest report that the solution to this question has not yet been formulated, though section 160 has not been enforced.

While noting these indications, the Committee reiterates the firm hope that the necessary measures will at last be taken in order to bring legislation into conformity with the Convention and the indicated practice, and that the Government will soon be in a position to report the progress made in this regard.

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1. Article 1(a) of the Convention. In its earlier comments, the Committee noted the Government’s repeated indication that no legal proceedings had been instituted and no penalties imposed for offences falling under sections 145(2) and (5), 146 to 149, 151 or 159(a) of Penal Law 5737-1977, concerning seditious statements and publications. The Committee would appreciate it if the Government would continue to supply, in its future reports, information on the application in practice of these provisions, including copies of any court decisions defining or illustrating their scope, in order to enable the Committee to ascertain that they are not applied in a manner incompatible with the Convention.

2. Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. In comments made since 1980, the Committee noted that under section 160 of Penal Law 5737-1977, “if the Government is of the opinion that serious disturbances exist in labour relations, threatening or prejudicing the economy in Israel or trade with foreign States, it may, by proclamation, declare a state of emergency for the purposes of this section, and so long as such a proclamation is note revoked, a person who takes part in a lockout or strike in relation to the commercial transport of goods or conveyance of passengers in Israel or between Israel and foreign States or in the provision of a public service in Israel or incites to, aids or encourages such a lockout or strike or the continuance thereof is liable to imprisonment for one year”, which involves an obligation to perform labour in accordance with section 48(a) of the same Law.

The Committee pointed out that a suspension of the right to strike enforced by sanctions involving compulsory labour is compatible with the Convention only in so far as it is necessary to cope with the cases of force majeure in the strict sense of the term, namely when the existence or well-being of the whole or part of the population is endangered, provided that the duration of the prohibition is limited to the period of immediate necessity. While noting the Government’s repeated  statement that section 160 has never been enforced, the Committee expressed the hope that this section would be either repealed or amended so as to limit its scope to circumstances which would constitute a “state of emergency” in the strict sense of the term.

The Committee previously noted the Government’s indication in its reports that the amendment of section 160 would be examined within the framework of an overall revision of the Penal Law. It notes the Government’s statement in its latest report that the question of amending this section has been submitted once again to the competent authority.

While noting these indications, the Committee expresses firm hope that the necessary measures will at last be taken in order to bring legislation into conformity with the Convention and the indicated practice, and that the Government will soon be in a position to report the progress made in this regard.

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The Committee has noted the Government’s reply to its previous direct request.

1. Article 1(a) of the Convention. Referring to its earlier comments, the Committee has noted the Government’s indication that no legal proceedings have been instituted and no penalties imposed during the reporting period for offences falling under sections 145(2) and (5), 146 to 149, 151 or 159(a) of Penal Law 5737-1977, concerning seditious statements and publications. The Committee requests the Government to continue to supply information on the application in practice of these provisions, including copies of any court decisions defining or illustrating their scope, in order to enable the Committee to ascertain that they are not applied in a manner incompatible with the Convention.

2. Article 1(d). In comments made since 1980, the Committee noted that under section 160 of Penal Law 5737-1977, "if the Government is of the opinion that serious disturbances exist in labour relations, threatening or prejudicing the economy in Israel or trade with foreign States, it may by proclamation declare a state of emergency for the purposes of this section, and so long as such a proclamation is not revoked, a person who takes part in a lockout or strike in relation to the commercial transport of goods or conveyance of passengers in Israel or between Israel and foreign States or in the provision of a public service in Israel or incites to, aids or encourages such a lockout or strike or the continuance thereof is liable to imprisonment for one year", which involves an obligation to perform labour in accordance with section 48(a) of the same Law.

While noting the Government’s repeated statement that section 160 has never been enforced, the Committee referred to paragraph 126 of its General Survey of 1979 on the abolition of forced labour in which it pointed out that a suspension of the right to strike enforced by sanctions involving compulsory labour is compatible with the Convention only in so far as it is necessary to cope with the cases of force majeure in the strict sense of the term, namely when the existence or well-being of the whole or part of the population is endangered, provided that the duration of the prohibition is limited to the period of immediate necessity.

The Committee previously noted the Government’s indication in its reports that the question of rephrasing of section 160 would be examined within the framework of an overall revision of the Penal Law. The Government states in its latest report that the question of amending this section is still being considered.

The Committee trusts that section 160 of the Penal Code will be either repealed or amended so as to limit its scope to circumstances which would constitute a "state of emergency" in the strict sense of the term. It requests the Government to provide, in its next report, information on the progress made in this regard.

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The Committee has noted the information provided by the Government in reply to its previous direct request.

1. Article 1(a) of the Convention. With reference to its earlier comments, the Committee notes the Government’s indication that there have been no recorded convictions during the reporting period for offences falling under sections 145(2) and (5), 146 to 149, 151 or 159(a) of Penal Law 5737-1977. The Committee requests the Government to continue to supply information on the application in practice of these provisions, including copies of any court decisions defining or illustrating their scope.

2. Article 1(d). In comments made since 1980 the Committee noted that under section 160 of Penal Law 5737-1977:

[…] if the Government is of the opinion that serious disturbances exist in labour relations, threatening or prejudicing the economy in Israel or trade with foreign States, it may by proclamation declare a state of emergency for the purposes of this section, and so long as such a proclamation is not revoked, a person who takes part in a lock-out or strike in relation to the commercial transport of goods or conveyance of passengers in Israel or between Israel and foreign States or in the provision of a public service in Israel or incites to, aids or encourages such a lock-out or strike or the continuance thereof is liable to imprisonment for one year, […]

which involves an obligation to perform labour in accordance with section 48(a) of the same Law.

While noting the Government’s explanations concerning the work of prisoners, as well as the Government’s repeated statement that section 160 has never been enforced, the Committee refers to paragraph 126 of its 1979 General Survey on the Abolition of Forced Labour in which it pointed out that a suspension of the right to strike enforced by sanctions involving compulsory labour is compatible with the Convention only in so far as it is necessary to cope with the cases of force majeure in the strict sense of the term, namely when the existence or well-being of the whole or part of the population is endangered, provided that the duration of the prohibition is limited to the period of immediate necessity. The Committee reiterates its hope that section 160 of the Penal Law will be either repealed or amended so as to limit its scope to circumstances which would constitute a "state of emergency" in the strict sense of the term.

The Committee previously noted the Government’s indication in its reports that the question of rephrasing of section 160 would be examined within the framework of an overall revision of the Penal Law. It requests the Government to provide, in its next report, information on any progress achieved in this regard.

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The Committee notes the information provided by the Government in its report, including extracts from court decisions regarding certain aspects of freedom of association, as well as the right to demonstrate and hold processions.

1. Article 1(a) of the Convention. With reference to its earlier comments, the Committee notes the Government's indication that no penalties of imprisonment have been imposed during the period covered by the report under sections 145(2) and (5), 146-149, 151 or 159(a) of Penal Law 5737-1977. The Committee would be grateful if the Government would continue to supply information on the application in practice of these provisions, including copies of any court decisions defining or illustrating their scope.

2. Article 1(d). In comments made since 1980 the Committee noted that under section 160 of Penal Law 5737-1977:

if the Government is of the opinion that serious disturbances exist in labour relations, threatening or prejudicing the economy in Israel or trade with foreign states, it may by proclamation declare a state of emergency for the purposes of this section, and so long as such a proclamation is not revoked, a person who takes part in a lockout or strike in relation to the commercial transport of goods or conveyance of passengers in Israel or between Israel and foreign states or in the provision of a public service in Israel or incites to, aids or encourages such a lockout or strike or the continuance thereof is liable to imprisonment for one year, involving an obligation to perform labour.

The Committee notes the Government's indication in its report that, as regards rephrasing of section 160, the Government's request is examined by the Ministry of Justice within the framework of the revision of the Penal Law which is due to take place. Having noted also the Government's repeated indication that section 160 has never been enforced, the Committee trusts that this section of the Penal Law will be repealed or amended so as to ensure that no penalties involving compulsory labour may be imposed for participation in strikes. It hopes that the Government will be in a position to provide, in its next report, information on action taken to this end.

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Further to its previous comments, the Committee notes the information provided by the Government in its report received in November 1997, including extracts from court decisions regarding the right to demonstrate and hold processions and certain aspects of freedom of association, and relating in particular to Article 1(a) of the Convention. Please continue to supply information of this kind.

Article 1(d). In comments made since 1980 the Committee has noted that, under section 160 of Penal Law 5737-1977, "if the Government is of the opinion that serious disturbances exist in labour relations, threatening or prejudicing the economy in Israel or trade with foreign States, it may by proclamation declare a state of emergency for the purposes of this section, and so long as such a proclamation is not revoked, a person who takes part in a lockout or strike in relation to the commercial transport of goods or conveyance of passengers in Israel or between Israel and foreign States or in the provision of a public service in Israel or incites to, aids or encourages such a lockout or strike or the continuance thereof is liable to imprisonment for one year", involving an obligation to perform labour. The Committee notes the Government's indication in its report received in November 1997 that the question of rephrasing of section 160, will be examined within the framework of an overall revision of the Penal Law which may take place in a few years' time. It recalls the Government's indication in its previous reports that no legal proceedings have been filed under this provision, and notes that during the strike in the public services in October 1997 organized by the General Federation of Labour section 160 was not enforced. The Committee reiterates its hope that this section of the Penal Law will be repealed or amended so as to ensure that no penalties involving compulsory labour may be imposed for the participation in strikes in contravention of the Convention. It requests the Government to continue to provide information on the practical application of this provision, as well as on any progress made in its revision.

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1. Article 1(a) of the Convention. With reference to its previous comments, the Committee notes the Government's indication in its reports received in 1995 that no prison sentence was imposed during the period covered by the reports (1991-94) under sections 134(a), (b) and (c), 145(2) and (5), 146 to 149, 151 or 159(a) of Penal Law 5737-1977. The Committee requests the Government to continue to supply information on the application in practice of these provisions, including copies of any court decisions defining or illustrating their scope.

2. Article 1(d). In its comments made for a number of years, the Committee noted that under section 160 of Penal Law 5737-1977, "if the Government is of the opinion that serious disturbances exist in labour relations, threatening or prejudicing the economy in Israel or trade with foreign states, it may by proclamation declare a state of emergency for the purposes of this section, and so long as such a proclamation is not revoked, a person who takes part in a lockout or strike in relation to the commercial transport of goods or conveyance of passengers in Israel or between Israel and foreign states or in the provision of a public service in Israel or incites to, aids or encourages such a lockout or strike or the continuance thereof is liable to imprisonment for one year", involving an obligation to perform labour.

The Committee notes with interest the Government's indication in its report received in February 1995 that the Ministry of Justice is embarking on a long-term programme of revision of Part Two of the Penal Law which will include the examination of section 160 in the light of the provisions of the Convention, and that the Government will report on developments on this matter. In its latest report received in October 1995 the Government states that there have not yet been any new developments concerning the examination of section 160 of the Penal Law. Noting also the Government's indication that no legal proceedings have been filed under this provision, the Committee hopes that section 160 of the Penal Law will be repealed or amended so as to ensure, in conformity with Article 1(d) of the Convention, that no penalties involving compulsory labour may be imposed for the participation in strikes (such punishment being acceptable only where the personal safety, life or health of persons are endangered). The Committee hopes that the Government will be in a position to provide, in its next report, information on progress made in this regard.

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Article 1(a), (c) and (d) of the Convention. Referring to its previous comments, the Committee notes the Government's indication in its report that no prison sentence was imposed during the period covered by the report (1988-90) under sections 134(a), (b) and (c), 145(2) and (5), 146 to 149, 151, 159(a) or 160 of Penal Law 5737-1977. As concerns more specifically section 160 of the Penal Law, under which participation in a strike prohibited under emergency legislation is liable to imprisonment for one year, involving compulsory labour, the Committee notes the Government's renewed statement in its report that there has been no change in its policy and practice as to the implementation of section 160, and it is practically not conceivable that this section be interpreted otherwise than in accordance with the Convention. The Government adds however that consideration shall be given to the remarks of the Committee.

The Committee, referring to its previous comments, in which it expressed the hope that the Government would consider in due course the possibility of bringing the text of section 160 of the Penal Law into conformity with practice indicated and with the Convention, hopes that the Government will provide in its future reports information on any developments in this regard.

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1. Article 1(a), (c) and (d) of the Convention. The Committee notes the Government's indication that no prison sentence was imposed during the period covered by its report under sections 134(a), (b) and (c), 145(2) and (5), 146 to 149, 151, 159(a) or 160 of the Penal Code, each of which have been the subject of comments by the Committee. The Committee requests the Government to continue including information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope.

In previous comments, the Committee noted that under section 160 of the Penal Code, participation, etc., in a strike prohibited under emergency legislation is liable to punishment including a penal sentence involving prison labour. It notes the Government's statement that during the period covered by its most recent report there has been no change in the Government's policy and practice as to the implementation of section 160. With reference to the Committee's earlier request that the Government might give consideration to amending the wording of the section at an appropriate occasion, the Government states that, as such a declaration of a state of emergency which would make section 160 applicable has never been made and is unlikely to be issued in the future, and, in view of general public consensus, no statutory prohibition should be imposed on participation in a strike unless the existence, well-being or security of the whole or part of the population is endangered. The Government thus considers that there is no immediate necessity to amend section 160 of the Penal Code.

The Committee once again expresses the hope that consideration will be given to its repeated suggestion to amend at an appropriate occasion the specific language of section 160 of the Penal Code so as to explicitly limit its scope to circumstances which would constitute a "state of emergency" in the strict sense of the term.