Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For many years, the Committee has been drawing the Government’s attention to the provisions of section 2, second subsection, of Act No. 22/84 of 29 December 1984 on prison labour, under the terms of which political prisoners sentenced at the same time for related offences under ordinary law are considered to be convicts under ordinary law and, by virtue of section 3 of the Act, are obliged to work. The Government indicated previously that, as section 2 of Act No. 22/84 could be ambiguous, it had requested the examination of a Bill introducing a new wording of this section.

In its latest report, the Government confirms the need to amend the above provisions of Act No. 22/84 and indicates that, while awaiting the adoption of these amendments, it has taken measures to prohibit prison labour. The Committee notes this information. It hopes that, when adopting amendments to the provisions of the Act on prison labour, the Government will take into account the comments that it has been making for many years so that it is clear in law that persons convicted for expressing political views or views ideologically opposed to the established political, social or economic system are not compelled to work in prison.

Article (c). Imposition of a sentence of imprisonment involving the obligation to work as a means of labour discipline. In its previous comments, the Committee requested the Government to amend the provisions of section 153(1), (4), (5) and (9) (read in conjunction with section 156), and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963), under which certain breaches of discipline by seafarers may be punished by a sentence of imprisonment involving the obligation to work under the terms of Act No. 22/84. The Committee notes that, in its latest report, the Government once again recognizes the need to amend these provisions of the Merchant Shipping Code and adds that, in the meantime, it has prohibited prison labour. Recalling that in the past the Government has referred on several occasions to the process of revision of the Merchant Shipping Code, the Committee trusts that this revision will be undertaken in the very near future so that, in accordance with Article 1(c) of the Convention, no sentence of imprisonment involving the obligation to work can be imposed on seafarers for breaches of discipline that do not endanger the safety of the vessel or the life or health of persons.