Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Repetition

Preliminary remarks concerning the effect on the application of the Convention of legislation establishing the obligation to work of persons convicted to a sentence of imprisonment. The Committee wishes to recall, further to the comments that it has been making for a number of years that the imposition of sentences of imprisonment involving compulsory prison labour may lie within the scope of the Convention. The Convention prohibits the imposition of compulsory prison labour upon persons who express certain political views, who oppose the established political, social or economic system or who participate in strikes, by reason of these activities. Where national legislation provides for sentences of imprisonment in such circumstances, the Committee examines in the first place whether or not, under the terms of such sentences of imprisonment, the convicted person is required to perform compulsory labour. Under the terms of the national legislation of Lebanon, persons convicted to a sentence of imprisonment are subject to the obligation to work (section 46 of the Penal Code). In this context, the Committee has drawn the Government’s attention to the provisions of the legislation which place limits on the exercise of certain civil rights and public liberties, the violation of which is punishable by sentences of imprisonment. Persons who, by failing to comply with these limits, are convicted to a sentence of imprisonment are also subject to the obligation to work, as set out in the Penal Code.

Article 1(a) of the Convention. Sentences of imprisonment involving compulsory labour as a punishment for expressing political views. With reference to its previous comments concerning political offences, the Committee noted that, under the terms of section 198(5) of the Penal Code, exemption from the obligation to work for political offences 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; this may be the case under sections 297 and 298 of the Penal Code (offences against the prestige of the State and participation in political or social associations of an international nature).

The Committee notes the Government’s reference to the communication of the General Department of National Security, confirming that persons convicted for offences against the external security of the State are not exempt from the obligation to work.

Noting the Government’s indication, the Committee expresses the firm hope that it will not fail to provide information on the application in practice of the above provisions, with copies of court rulings defining or illustrating their scope.

For a number of years, the Committee has also been drawing the Government’s attention 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 imprisonment (involving the obligation to work under section 46 of the Penal Code) for a minimum period of five years. It requested the Government to provide information on the application in practice of section 301(1) of the Penal Code.

The Committee recalls once again that the Convention does not prohibit the punishment by penalties involving compulsory labour of persons who use violence or incite the use of violence, armed resistance or an uprising. However, the Convention prohibits any recourse to forced labour, including compulsory prison labour, as punishment for the peaceful expression of non-violent views that are critical of government policy and the established political system.

In the absence of information on this point from the Government, the Committee expresses the firm hope that the necessary measures will be taken to ensure that the peaceful expression of views opposed to the established political system is not punished by imprisonment involving the obligation to work, as is the case under the terms of section 301(1) of the Penal Code. While awaiting the adoption of such measures, the Committee requests the Government to provide information on the effect given to this section in practice, including copies of any relevant court rulings, with an indication of the penalties imposed.