Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s indication in its report that the Committee’s comments on the application of the Convention have been forwarded to the competent authorities, and that any replies received from such authorities will be communicated to the ILO. Since the Government’s report contains no further information in reply to previous comments, the Committee hopes that the next report will include full information on the following matters raised in its previous direct request:

Article 1(a) of the Convention. 1. In its earlier comments, the Committee noted that, under section 198 of the Penal Code, where the judge recognizes the political nature of an offence, he will apply detention instead of forced labour and simple imprisonment or forced residence instead of imprisonment with the obligation to work. It also noted the Government’s reference to section 196 of the Penal Code, which defines political offences as intentional offences committed with a political motive, and requested the Government to supply copies of court decisions which could clarify the judge’s appreciation regarding the political nature of the offences. Having noted the Government’s indications in its latest report that such information is not yet available, the Committee reiterates its hope that the information requested will be provided by the Government as soon as it becomes available.

2. The Committee previously noted that, under section 198 (fifth paragraph) of the Penal Code, exemption from the obligation to work for offences recognized as being of a political nature is not applicable to offences against the external security of the State. For certain of these offences, imprisonment may be imposed in circumstances falling within the scope of Article 1(a) of the Convention, which may be the case of sections 297 and 298 of the Penal Code (offences against the prestige of the State and political or social associations of an international nature). The Committee requested the Government to supply information on the application in practice of the abovementioned provisions, including copies of court decisions defining or illustrating their scope. Having noted the Government’s indication that no such decisions are available, the Committee reiterates its hope that the Government will not fail to communicate the information requested, as soon as it is available.

3. In its earlier comments, the Committee referred to section 301(1) of the Penal Code, which provides that activities aimed at modifying by illegal means the Constitution of the State shall be punished by detention for a minimum period of five years. The Committee noted that, under section 46 of the Penal Code, persons sentenced to detention shall be employed on one of the activities organized by the prison administration. It recalled that the Convention prohibits any form of forced labour, including compulsory prison labour, as a punishment for persons expressing political views or views ideologically opposed to the established political, social or economic system.

Referring to the explanations given in paragraphs 133-140 of its General Survey of 1979 on the abolition of forced labour, the Committee reiterates its hope that, in the course of possible future revision of the Penal Code, the necessary measures will be taken in regard to these provisions to ensure that no form of forced or compulsory labour is imposed in circumstances falling within the scope of Article 1(a) of the Convention. Pending the revision, the Committee again requests the Government to supply information on the application in practice of section 301(1) of the Penal Code, particularly in regard to sentences that have been handed down in application of this provision and to supply copies of the relevant court decisions, as soon as such information becomes available.