Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(a), (c) and (d) of the Convention. Sanctions for expressing political views, for breaches of labour discipline or participation in strikes. Since many years, the Committee has been referring to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services, the interruption of which would not endanger the life, personal safety or health of the whole or part of the population.

In its earlier comments, the Committee noted that Act No. 20 of 1991 on the promotion of freedom proclaims the right of citizens to express their opinion and that point 2 of the Green Book on Human Rights prohibits punishments such as forced labour or long-term imprisonment. It also noted the Government’s indications to the effect that the abovementioned provisions of the Publications Act No. 76 of 1972 and of the Penal Code would be amended, and that under section 2 of Act No. 5 of 1991 on the application of the principles of the Green Book on Human Rights, amendments must be drawn up within a period of one year.

While noting the Government’s repeated confirmation of its intention to amend the provisions of Publications Act No. 76 of 1972 and the Penal Code referred to above, in accordance with the Convention and the provisions of Act No. 20 of 1991 on the promotion of freedom, the Committee expresses the firm hope that the necessary amendments will be made in the near future so as to ensure that no penalties involving compulsory labour may be imposed as a punishment on persons who have expressed certain political or ideological opinions or who have committed breaches of labour disciplines or participated in strikes. It asks the Government to supply the copies of the amended texts as soon as they are adopted.

Supply of legislation. The Committee asks the Government once again to provide copies of the legislative texts governing the establishment, functioning and dissolution of associations and political parties.