Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information communicated by the Government in its report.

1. Article 1(a) of the Convention. The Committee notes with interest Decree No. 90-1459 of 8 November 1990 to set up the National Commission on Human Rights and Freedoms. The Committee also notes the following Laws adopted on 19 December 1990: Law No. 90-46 to repeal Ordinance No. 62-OF-18 of 12 March 1962 to repress subversive activities; Law No. 90-52 relating to freedom of mass communication; Law No. 90-53 relating to freedom of association; Law No. 90-55 to lay down regulations governing public meetings and processions; and Law No. 90-56 relating to political parties (instituting political pluralism). The Committee has also taken note of Law No. 90-47 relating to the state emergency, Law No. 90-54 relating to the maintenance of law and order, Law No. 90-60 to set up and organize the State Security Court and Law No. 90-61 to amend certain provisions of the Penal Code, all adopted on 19 December 1990.

The Committee is addressing a request directly to the Government concerning certain provisions of the aforementioned Laws in relation to the application of the Convention.

2. Article 1(c) and (d). In the comments it has been making for many years, the Committee has noted that, by virtue of sections 226, 229, 242, 259 and 261 of the Merchant Shipping Code (Ordinance No. 62/DF/30 of 1962), certain breaches of discipline committed by seamen may be punished by penalties of imprisonment involving the obligation to work.

The Government has previously stated that it would take the Committee's observations into account when the revision of the Merchant Shipping Code was undertaken. The Committee notes that the information given by the Government in its latest report to the effect that the Merchant Shipping Code has not yet been revised and that no change can be made in the law on the subject until that has been done.

The Committee observes once again that the Government has been referring to the envisaged repeal of the provisions in question since its report for 1972-73 and that the Government had stated that studies were being made with a view to harmonising national legislation and practice with the provisions of the Convention.

The Committee asks the Government to state the outcome of those studies, to report on the progress made in revising the Merchant Shipping Code and to supply information about the measures taken or contemplated to ensure that penalties of imprisonment involving compulsory labour cannot be imposed on seamen for breaches of discipline that do not endanger the vessel or human life or health.