Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1(a) and (b) of the Convention. In its previous comments, the Committee drew the Government’s attention to the Ministerial Directive of 15 June 1985 on the evacuation of towns which contains a certain number of measures concerning persons considered to be “unproductive” or “anti-social”. Such persons may be arrested and sent to re-education centres or assigned to productive sectors, with, if necessary, the use of appropriate coercive means.

In its last report, the Government confirms that re-education centres no longer exist. It states that the abovementioned directive was established under a certain political regime, but that, in the light of political developments, it is now obsolete. The Committee notes this information and hopes that the Government will take the legislative revision process as an opportunity to repeal this directive formally.

2. Article 1(a). In its previous comments, the Committee asked the Government to provide information on the application in practice of sections 15 and 22 of Act No. 19/91 on state security. Pursuant to these provisions, illegal activities intended to modify institutions of the State (section 15) and the offences of defaming, slandering and insulting the President of the Republic, members of the Government, High Court judges or members of the Constitutional Council (section 22), are punishable by prison sentences which may involve compulsory labour. The Committee recalled that the Convention prohibits 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 opinions or demonstrating ideological opposition to the established political, social or economic system. The Committee also emphasized that the protection afforded by the Convention extends to activities that aim to bring about fundamental changes in the institutions of the State, provided that they do not involve the use of, or incitement to, violent methods as a means of achieving the ends sought.

In its last report, the Government indicates that there have been no cases in which individuals have committed slander or similar acts and that, as a result, this provision of Act No. 19/91 has not been used. The Committee notes this information and would like the Government to continue providing information on the application in practice of sections 15 and 22 of Act No. 19/9, and to communicate, if appropriate, copies of the relevant court decisions. The Committee requires this information in order to assess the scope of these provisions.

3. Article 1(b) and (c). For many years the Committee has emphasized the need to amend or repeal the provisions of Act No. 5/82 of 9 June 1989 relating to the defence of the economy. This Act provides for the punishment of behaviour which directly or indirectly jeopardizes economic development, prevents the implementation of the plan or is detrimental to the material or spiritual well-being of the population. Sections 10, 12, 13 and 14 of the Act prescribe sentences of imprisonment involving compulsory labour in several cases of failure to fulfil the economic obligations set forth in instructions, directives, procedures, etc., governing the preparation or implementation of the national plan. Section 7 of the Act punishes unintentional behaviour (such as negligence, the lack of a sense of responsibility, etc.) resulting in the infringement of managerial and disciplinary standards. These provisions appear to be generally applicable to any breach of the obligations or economic and technical standards concerned. However, in accordance with the Convention, each State shall undertake to eliminate forced or compulsory labour and not to make use of any form of forced or compulsory labour (including compulsory prison work) as a method of mobilizing and using labour for purposes of economic development or as a means of labour discipline.

With regard to the amendment of Act No. 5/82, the Government indicates in its last report that the revision of the Labour Act is currently under way. After this revision, it will undoubtedly be necessary to amend certain supplementary provisions that are inconsistent with the General Labour Act or the Convention. The Government will provide the Office with any relevant information on the amendments made. The Committee hopes that in its next report the Government will be able to indicate the progress made in respect of the amendment or repeal of Act No. 5/82 relating to the defence of the economy.

4. The Committee requests the Government to provide copies of the Penal Code and Decrees Nos. 58 and 59 of 1974 on prison labour and, where appropriate, a copy of any other legislation in force in this respect.