Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following points:

Article 1(a) of the Convention. In the comments that it has been making for many years, the Committee has referred to the provisions respecting the right of association which permit the imposition of sentences of imprisonment involving the obligation to work in circumstances which are covered by the scope of the Convention.

The Committee referred to sections 5 and 45 of Act No. 90-31 respecting associations. Under the terms of section 5, an association’s legal status is invalidated if its objectives are contrary to the established institutional system, to public order, good morals or the laws and regulations in force. Section 45 provides that any individual who directs, administers or agitates in an association that has not been recognized, or which has been suspended or dissolved, or who facilitates meetings of the members of such an association, shall be liable to a term of imprisonment ranging from three months to two years, including the obligation to work, under the terms of sections 2 and 3 of the Interministerial Order of 26 June 1983.

The Committee has recalled on several occasions that the Convention prohibits the use of any form of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing certain political views or expressing opposition to the established political, social or economic system.

It notes the Government’s statement that the legislation in force does not distinguish between a political and a civil crime and that the work performed by convicted prisoners under the terms of the Act respecting associations is considered to be corrective action. In its last report, the Government reaffirms that prison work is an activity which forms part of the rehabilitation, training and social promotion of detainees.

The Committee observes that the fact of imposing prison labour on persons convicted under Act No. 90-31 with a view to their "rehabilitation" is contrary to the Convention, as it is imposed on persons convicted of having expressed certain political views or manifested their ideological opposition to the established political, social or economic system.

The Committee hopes that the Government will take the necessary measures to ensure compliance with the Convention, either by amending sections 5 and 45 of Act No. 90-31, or by dispensing from prison labour persons who have been convicted for expressing certain political opinions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.