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Abolition of Forced Labour Convention, 1957 (No. 105) - Poland (RATIFICATION: 1958)

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Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that the Penal Code of 1997, as amended, provides for the penalty of restriction of liberty, which can involve an obligation to perform unpaid and controlled work for social purposes. The Committee notes that, under the following provisions of the Criminal Code, the penalty of restriction of liberty may be imposed:

-section 136(4), on publicly insulting a person belonging to the diplomatic personnel of a mission of a foreign country to Poland;
-section 137, on publicly insulting, destroying, or removing a symbol of the State, or insulting the symbols of foreign countries;
-section 196, on offending the religious feelings of other persons;
-sections 212 and 226(1), concerning defamation, including of public officials;
-section 216, on insult;
-section 226(3), on publicly insulting or humiliating a constitutional authority of the Republic of Poland.

The Committee recalls that according to Article 1(a) of the Convention, no sanction involving compulsory labour (such as restriction of liberty) should be imposed on persons holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to provide information on the application in practice of the above-mentioned sections of the Penal Code, so that it can assess their scope of application and ascertain that they are not applied under circumstances falling within Article 1(a) of the Convention. Please, provide information on the number and nature of the penalties applied under these provisions, including information on the application of the penalty of restriction of liberty, and the grounds for prosecution.

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The Committee notes with satisfaction that the Act of 23 May 1991 respecting work on board seagoing merchant vessels has repealed the Act of 28 April 1952 respecting work on board Polish seagoing vessels in international navigation, of which certain provisions concerning the discipline of seafarers had been the subject of the Committee's comments.

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In its previous comments the Committee referred to the Act of 28 April 1952 respecting work on Polish sea-going vessels in international navigation which permits imprisonment as a disciplinary punishment and compulsion as a means of ensuring appropriate performance of duties.

The Committee notes with interest the Government's indication in its report that a draft Act respecting the work on board merchant vessels which does not contain any provision providing for arrest as a disciplinary sanction, prepared by the Minister of Transport, Navigation and Communication was to be adopted by the Government and submitted to the Parliament. The Committee expresses the hope that the Government will soon be able to report on the adoption of the Act and that maritime legislation will thus be brought into conformity with the Convention.