Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraph (a) of the Convention. Sanctions for expressing political views. 1. The Committee previously noted that, under section 185-1 of the Code on Administrative Offences, violation of rules governing the organization and conducting of public meetings, street marches and demonstrations may be punishable with correctional works for a term of up to two months. While noting the Government’s explanations in its report, the Committee again requests the Government to supply information on the application of this provision in practice, including copies of any court decisions defining or illustrating its scope, so as to enable the Committee to ascertain its conformity with the Convention.

2. The Committee previously noted that the violation of the Political Parties Act 2001, is punishable by administrative and penal sanctions (section 22). The Committee again requests the Government to provide clarifications concerning the scope of administrative or criminal liability for violation of the Act, indicating in particular administrative and criminal sanctions which may be imposed.

Article 1, subparagraph (c). Sanctions for violation of labour discipline. The Committee previously noted that under section 367 of the Criminal Code, the non-performance or improper performance by an official of his duties as the result of a negligent attitude, causing substantial harm or other grave consequences to legitimate rights and interests of persons or to state interests, is punishable with correctional works or limitation of freedom (which involves compulsory labour, in virtue of section 107-2 of the Correctional Labour Code, as amended on 11 July 2001). The Committee again requests the Government to provide information on the application of section 367 of the Criminal Code in practice, supplying copies of court decisions defining or illustrating its scope, so as to enable the Committee to ascertain that this provision is not used as a means of labour discipline within the meaning of the Convention.

Article 1, subparagraph (d). Sanctions for having participated in strikes. In its earlier comments, the Committee noted that according to section 30 of the Collective Labour Dispute Resolution Act 1998, workers participating in a strike declared illegal by a court shall be held liable pursuant to procedures prescribed by law. It requested the Government to clarify the scope of such liability. In the absence of the Government’s response, the Committee reiterates its request and asks the Government to indicate what kind of sanctions are applicable for participation in illegal strikes. The Committee again asks the Government to indicate whether section 293 of the Criminal Code concerning the organization of group actions violating public order or resulting in disturbances of operation of transport or work of enterprises, institutions or organizations (which is punishable with arrest for a term of up to six months) is applicable to participants in illegal strikes, and if so, to supply information on its application in practice, including copies of any relevant court decisions.

Communication of texts. The Committee again requests the Government to supply with its next report, copies of the legislation in force governing the press and assemblies, meetings and demonstrations, as well as a copy of Disciplinary Rules on board merchant vessels, to which reference is made in section 54 of the Code of Merchant Marine, 1995, and copies of any other provisions governing labour discipline in merchant shipping.