Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Communication of texts. The Committee notes the Public Meetings and Processions Act, 1993, and the Public Service Regulations, 2008, communicated by the Government with its report. It again requests the Government to supply, with its next report, copies of the legislation in force in the following fields: updated and consolidated texts of the Criminal Code and Criminal Procedure and Evidence Act; the laws governing the press and other media; the law governing political parties; Disciplinary Code for public officers, to which reference is made in section 15(1)(a)(iii) of the Public Service Act, 2005, and in section 142(1) of the Public Service Regulations, 2008; as well as any provisions punishing participants in strikes declared unlawful under section 229(3) of the Labour Code, as amended by the Labour Code (Amendment) Act, 2000.

Article 1, subparagraph a, of the Convention. Penal sanctions involving compulsory labour for holding or expressing political or ideological views. The Committee has noted that, under section 6(1) and (3) of the Public Meetings and Processions Act, 1993, a person who organizes or assists in organizing or attends or takes part in a meeting or procession in contravention of a direction or a condition imposed by a police officer, commits an offence and is liable on conviction to a fine or imprisonment for a term of up to one year. The Committee has also noted that work is compulsory for convicted prisoners under rule 54(1) of the Prison Rules.

The Committee recalls that Article 1(a) prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers to the explanations contained in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, in which it has observed that the Convention prohibits neither punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, nor judicial imposition of certain restrictions on persons convicted of crimes of that kind. But, sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The freedom of expression of political or ideological views may be equally restricted by way of prohibition of various kinds of meetings or processions, which is also contrary to the Convention, if such prohibition is enforced by sanctions involving compulsory labour.

The Committee therefore hopes that appropriate measures will be taken in order to bring section 6(1) and (3) of the Public Meetings and Processions Act, 1993, into conformity with the Convention, and that, pending the adoption of such measures, the Government will provide information on the application of this section in practice, including copies of any court decisions and indicating the penalties imposed.