ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Display in: French - Spanish

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Since 1987, the Committee has been drawing the Government’s attention to the following provisions of the Penal Code (1982) providing for penalties of imprisonment involving, in accordance with section 1 of Order No. 68-353 of 6 April 1968 (regulating work by prisoners in detention and reform centres), the obligation to work, or the circumstances which may fall into the scope of Article 1(a) of the Convention:
  • section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security, or to discredit political institutions or their operation;
  • section 94: incitation to unarmed riotous assembly;
  • section 99: participation in the organization of an unannounced demonstration;
  • section 252: shouting and singing in public places or at public meetings; and
  • section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news in bad faith that has affected or might affect the morale of the population.
The Committee notes the Government’s indication that the draft Penal Code does not provide for penalties involving forced labour and that Order No. 68-353 has fallen into abeyance. While noting this information, the Committee recalls that the Government previously indicated that it intended to formally repeal Order No. 68-353 and that draft legislation might be submitted to the National Assembly. The Committee hopes that the Government will take the necessary measures to formally repeal Order No. 68-353 regulating work by prisoners in detention and reform centres. The Committee also hopes that, in the context of the adoption of the new Penal Code, the Government will take the necessary measures to ensure that persons who peacefully express their political views or views opposed to the established political, social or economic system are not liable to sentences of imprisonment involving compulsory labour. The Committee requests the Government to provide a copy of the new legislation regulating work by prisoners in detention and reform centres and a copy of the Penal Code, once they have been adopted.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Since 1987, the Committee has been drawing the Government’s attention to the following provisions of the Penal Code (1982) providing for penalties of imprisonment involving, in accordance with section 1 of Order No. 68-353 of 6 April 1968 (regulating work by prisoners in detention and reform centres), the obligation to work, or the circumstances which may fall into the scope of Article 1(a) of the Convention:
  • – section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security, or to discredit political institutions or their operation;
  • – section 94: incitation to unarmed riotous assembly;
  • – section 99: participation in the organization of an unannounced demonstration;
  • – section 252: shouting and singing in public places or at public meetings; and
  • – section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news in bad faith that has affected or might affect the morale of the population.
The Committee notes the Government’s indication that the draft Penal Code does not provide for penalties involving forced labour and that Order No. 68-353 has fallen into abeyance. While noting this information, the Committee recalls that the Government previously indicated that it intended to formally repeal Order No. 68-353 and that draft legislation might be submitted to the National Assembly.The Committee hopes that the Government will take the necessary measures to formally repeal Order No. 68-353 regulating work by prisoners in detention and reform centres. The Committee also hopes that, in the context of the adoption of the new Penal Code, the Government will take the necessary measures to ensure that persons who peacefully express their political views or views opposed to the established political, social or economic system are not liable to sentences of imprisonment involving compulsory labour. The Committee requests the Government to provide a copy of the new legislation regulating work by prisoners in detention and reform centres and a copy of the Penal Code, once they have been adopted.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Since 1987, the Committee has been drawing the Government’s attention to the following provisions of the Penal Code (1982) providing for penalties of imprisonment involving, in accordance with section 1 of Order No. 68-353 of 6 April 1968 (regulating work by prisoners in detention and reform centres), the obligation to work, or the circumstances which may fall into the scope of Article 1(a) of the Convention:
– section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security, or to discredit political institutions or their operation;
– section 94: incitation to unarmed riotous assembly;
– section 99: participation in the organization of an unannounced demonstration;
– section 252: shouting and singing in public places or at public meetings; and
– section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news in bad faith that has affected or might affect the morale of the population.
The Committee notes the Government’s indication that the draft Penal Code does not provide for penalties involving forced labour and that Order No. 68-353 has fallen into abeyance. While noting this information, the Committee recalls that the Government previously indicated that it intended to formally repeal Order No. 68-353 and that draft legislation might be submitted to the National Assembly. The Committee hopes that the Government will take the necessary measures to formally repeal Order No. 68-353 regulating work by prisoners in detention and reform centres. The Committee also hopes that, in the context of the adoption of the new Penal Code, the Government will take the necessary measures to ensure that persons who peacefully express their political views or views opposed to the established political, social or economic system are not liable to sentences of imprisonment involving compulsory labour. The Committee requests the Government to provide a copy of the new legislation regulating work by prisoners in detention and reform centres and a copy of the Penal Code, once they have been adopted.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Since 1987, the Committee has been drawing the Government’s attention to the following provisions of the Penal Code (1982) providing for penalties of imprisonment involving, in accordance with section 1 of Order No. 68-353 of 6 April 1968 (regulating work by prisoners in detention and reform centres), the obligation to work, or the circumstances which may fall into the scope of Article 1(a) of the Convention:
  • -section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security, or to discredit political institutions or their operation;
  • -section 94: incitation to unarmed riotous assembly;
  • -section 99: participation in the organization of an unannounced demonstration;
  • -section 252: shouting and singing in public places or at public meetings; and
  • -section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news in bad faith that has affected or might affect the morale of the population.
The Committee notes the Government’s indication that the draft Penal Code does not provide for penalties involving forced labour and that Order No. 68-353 has fallen into abeyance. While noting this information, the Committee recalls that the Government previously indicated that it intended to formally repeal Order No. 68-353 and that draft legislation might be submitted to the National Assembly. The Committee hopes that the Government will take the necessary measures to formally repeal Order No. 68-353 regulating work by prisoners in detention and reform centres. The Committee also hopes that, in the context of the adoption of the new Penal Code, the Government will take the necessary measures to ensure that persons who peacefully express their political views or views opposed to the established political, social or economic system are not liable to sentences of imprisonment involving compulsory labour. The Committee requests the Government to provide a copy of the new legislation regulating work by prisoners in detention and reform centres and a copy of the Penal Code, once they have been adopted.

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

Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Since 1987, the Committee has been drawing the Government’s attention to the following provisions of the Penal Code under which penalties of imprisonment involving the obligation to work may be imposed in accordance with section 1 of Order No. 68-353 of 6 April 1968 (organizing the work regime of detainees in detention and reform centres):
  • -section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security, or to discredit political institutions or their operation;
  • -section 94: incitation to unarmed riotous assembly:
  • -section 99: participation in the organization of an unannounced demonstration;
  • -section 252: shouting and singing in public places or at public meetings; and
  • -section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news that has affected or might affect the morale of the population.
The Committee notes the Government’s indication that Order No. 68-353 has fallen into abeyance. While noting this information, the Committee recalls that the Government previously indicated that it intended to formally repeal Order No. 68 353 and that draft legislation could be submitted to the National Assembly at its session in October 2009. The Committee hopes that the Government will take the necessary measures to effectively repeal Order No. 68-353 organizing work by detainees in detention and reform centres and that, in the context of the repeal of the Order, persons who have peacefully expressed their political views or opposition to the established political, social or economic system are not liable to sentences of imprisonment involving compulsory labour. The Committee requests the Government to provide a copy of the new legislation regulating work by detainees in detention and reform centres, once it has been adopted.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed 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 a series of provisions in the Penal Code under which activities pertaining to freedom of expression and assembly are treated as offences and are punishable by imprisonment. They are the following:
  • – section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security or to discredit the political institutions or their operations;
  • – section 94: incitation to unarmed riotous assembly;
  • – section 99: participation in the organization of an unannounced demonstration;
  • – section 252: shouting and singing in public places or at public meetings;
  • – section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news that has affected or might affect the morale of the population.
According to section 1 of Order No. 68-353 of 6 April 1968 to organize the work regime of inmates of detention and reform centres, penalties of imprisonment include compulsory work for all inmates. The Committee recalled in this context that the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.
Given that the Government has previously declared its intention to repeal Order No. 68-353 and to bring sections 79, 94, 99, 252 and 254 of the Penal Code into conformity with the Convention, the Committee suggested either abolishing the prison penalties established in the abovementioned sections of the Penal Code or abolishing the requirement for prison inmates to work (section 1 of Order No. 68 353). The Committee notes that the Government once again indicates that the General Directorate of Labour has contacted the Ministry of Justice and the judicial authorities to examine ways to proceed rapidly to the repeal and replacement of the provisions of Order No. 68-353 which are contrary to the Convention. The review undertaken could result in the submission of a bill in the National Assembly at its session in October 2009. The Committee notes this information and trusts that steps will be taken so that a bill amending Order No. 68-353, which regulates the work regime of inmates in detention and reform centres, will be submitted to the National Assembly. The Committee hopes that this bill will ensure that persons who peacefully express political views or views ideologically opposed to the established political, social or economic system are not subjected to penalties that involve the obligation to work.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed 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 a series of provisions in the Penal Code under which activities pertaining to freedom of expression and assembly are treated as offences and are punishable by imprisonment. They are the following:
  • – section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security or to discredit the political institutions or their operations;
  • – section 94: incitation to unarmed riotous assembly;
  • – section 99: participation in the organization of an unannounced demonstration;
  • – section 252: shouting and singing in public places or at public meetings;
  • – section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news that has affected or might affect the morale of the population.
According to section 1 of Order No. 68-353 of 6 April 1968 to organize the work regime of inmates of detention and reform centres, penalties of imprisonment include compulsory work for all inmates. The Committee recalled in this context that the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.
Given that the Government has previously declared its intention to repeal Order No. 68-353 and to bring sections 79, 94, 99, 252 and 254 of the Penal Code into conformity with the Convention, the Committee suggested either abolishing the prison penalties established in the abovementioned sections of the Penal Code or abolishing the requirement for prison inmates to work (section 1 of Order No. 68 353). The Committee notes that the Government once again indicates that the General Directorate of Labour has contacted the Ministry of Justice and the judicial authorities to examine ways to proceed rapidly to the repeal and replacement of the provisions of Order No. 68-353 which are contrary to the Convention. The review undertaken could result in the submission of a bill in the National Assembly at its session in October 2009. The Committee notes this information and trusts that steps will be taken so that a bill amending Order No. 68-353, which regulates the work regime of inmates in detention and reform centres, will be submitted to the National Assembly. The Committee hopes that this bill will ensure that persons who peacefully express political views or views ideologically opposed to the established political, social or economic system are not subjected to penalties that involve the obligation to work.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed 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 a series of provisions in the Penal Code under which activities pertaining to freedom of expression and assembly are treated as offences and are punishable by imprisonment. They are the following:
  • – section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security or to discredit the political institutions or their operations;
  • – section 94: incitation to unarmed riotous assembly;
  • – section 99: participation in the organization of an unannounced demonstration;
  • – section 252: shouting and singing in public places or at public meetings;
  • – section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news that has affected or might affect the morale of the population.
According to section 1 of Order No. 68-353 of 6 April 1968 to organize the work regime of inmates of detention and reform centres, penalties of imprisonment include compulsory work for all inmates. The Committee recalled in this context that the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.
Given that the Government has previously declared its intention to repeal Order No. 68-353 and to bring sections 79, 94, 99, 252 and 254 of the Penal Code into conformity with the Convention, the Committee suggested either abolishing the prison penalties established in the abovementioned sections of the Penal Code or abolishing the requirement for prison inmates to work (section 1 of Order No. 68 353). The Committee notes that the Government once again indicates that the General Directorate of Labour has contacted the Ministry of Justice and the judicial authorities to examine ways to proceed rapidly to the repeal and replacement of the provisions of Order No. 68-353 which are contrary to the Convention. The review undertaken could result in the submission of a bill in the National Assembly at its session in October 2009. The Committee notes this information and trusts that steps will be taken so that a bill amending Order No. 68-353, which regulates the work regime of inmates in detention and reform centres, will be submitted to the National Assembly. The Committee hopes that this bill will ensure that persons who peacefully express political views or views ideologically opposed to the established political, social or economic system are not subjected to penalties that involve the obligation to work.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed 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 a series of provisions in the Penal Code under which activities pertaining to freedom of expression and assembly are treated as offences and are punishable by imprisonment. They are the following:

–      section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security or to discredit the political institutions or their operations;

–      section 94: incitation to unarmed riotous assembly;

–      section 99: participation in the organization of an unannounced demonstration;

–      section 252: shouting and singing in public places or at public meetings;

–      section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news that has affected or might affect the morale of the population.

According to section 1 of Order No. 68-353 of 6 April 1968 to organize the work regime of inmates of detention and reform centres, penalties of imprisonment include compulsory work for all inmates. The Committee recalled in this context that the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

Given that the Government has previously declared its intention to repeal Order o. 68-353 and to bring sections 79, 94, 99, 252 and 254 of the Penal Code into conformity with the Convention, the Committee suggested either abolishing the prison penalties established in the abovementioned sections of the Penal Code or abolishing the requirement for prison inmates to work (section 1 of Order No. 68 353). The Committee notes that in its latest report the Government once again indicates that the General Directorate of Labour has contacted the Ministry of Justice and the judicial authorities to examine ways to proceed rapidly to the repeal and replacement of the provisions of Order No. 68-353 which are contrary to the Convention. The review undertaken could result in the submission of a bill in the National Assembly at its session in October 2009. The Committee notes this information and trusts that steps will be taken so that a bill amending Order No. 8-353, which regulates the work regime of inmates in detention and reform centres, will be submitted to the National Assembly. The Committee hopes that this bill will ensure that persons who peacefully express political views or views ideologically opposed to the established political, social or economic system are not subjected to penalties that involve the obligation to work.

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

Article 1, subparagraph a, of the Convention. Prison sentences involving compulsory labour imposed 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 a series of provisions in the Penal Code under which activities pertaining to freedom of expression and assembly are treated as offences and are punishable by imprisonment. They are the following:

–      section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security or to discredit the political institutions or their operations;

–      section 94: incitation to unarmed riotous assembly;

–      section 99: participation in the organization of an unannounced demonstration;

–      section 252: shouting and singing in public places or at public meetings;

–      section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news that has affected or might affect the morale of the population.

According to section 1 of Order No. 68-353 of 6 April 1968 to organize the work regime of inmates of detention and reform centres, penalties of imprisonment include compulsory work for all inmates. The Committee recalled in this context that the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

Given that the Government has previously declared its intention to repeal Order No. 68-353 and to bring sections 79, 94, 99, 252 and 254 of the Penal Code into conformity with the Convention, the Committee suggested either abolishing the prison penalties established in the abovementioned sections of the Penal Code or abolishing the requirement for prison inmates to work (section 1 of Order No. 68‑353). The Committee notes that in its latest report the Government once again indicates that the General Directorate of Labour has contacted the Ministry of Justice and the judicial authorities to examine ways to proceed rapidly to the repeal and replacement of the provisions of Order No. 68-353 which are contrary to the Convention. The review undertaken could result in the submission of a bill in the National Assembly at its session in October 2009. The Committee notes this information and trusts that steps will be taken so that a bill amending Order No. 68-353, which regulates the work regime of inmates in detention and reform centres, will be submitted to the National Assembly. The Committee hopes that this bill will ensure that persons who peacefully express political views or views ideologically opposed to the established political, social or economic system are not subjected to penalties that involve the obligation to work.

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

Article 1(a) of the Convention. Prison sentences involving compulsory labour imposed 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 a series of provisions in the Penal Code under which activities pertaining to freedom of expression and assembly are treated as offences punishable by imprisonment. They are the following:

–      section 79: schemes, acts and propaganda such as to jeopardize, in particular, public security or to discredit the political institutions or their operations;

–      section 94: incitation to unarmed riotous assembly;

–      section 99: participation in the organization of an unannounced demonstration;

–      section 252: shouting and singing in public places or at public meetings;

–      section 254: publication, dissemination or reproduction by any means, whether deliberate or not, of false news that has affected or might affect the morale of the population.

According to section 1 of Order No. 68-353 of 6 April 1968 to organize the work regime of inmates of detention and reform centres, penalties of imprisonment include compulsory work for all inmates. The Committee recalled in this context that the Convention prohibits all use of compulsory work, including in the form of compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It asked the Government to take the necessary steps to ensure that persons covered by the Convention may not be subjected to punishment which involves the obligation to work.

In its report, the Government indicates that the Ministry of Labour, in conjunction with the Ministry of Justice, undertakes, within a reasonable period, to repeal Order No. 68-353 and bring sections 79, 94, 99, 252 and 254 of the Penal Code into line with the Convention. The Committee takes note of this information and hopes that measures will indeed be taken to amend the abovementioned legislation so as to ensure that persons who peacefully express political views or views ideologically opposed to the established political, social or economic system may not be subjected to penalties involving an obligation to work. This will entail either abolishing the prison penalties established in sections 79, 94, 99, 252 and 254 of the Penal Code or abolishing the requirement for prison inmates to work (section 1 of Order No. 68-353).

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(a) of the Convention. In its previous comments the Committee referred to sections 79, 94, 99, 252 and 254 of the Penal Code, which provide for terms of imprisonment for offences relating to the exercise of the freedom of expression and assembly. By virtue of section 1 of Order No. 68-353 of 6 April 1968, these sentences involve an obligation to work. The Committee recalled that the Convention prohibits the use of any form of forced or compulsory labour as a punishment for persons holding or expressing political views or views ideologically opposed to the established political, social or economic system, and requested the Government to take the necessary measures to ensure that persons protected by the Convention may not be subjected to punishment which includes the obligation to work.

In its last report, the Government confirmed its intention of repealing Order No. 68-353 of 6 April 1968 and indicates that a bill to repeal it will be submitted to the Central Labour and Employment Council (CSTE) at its next meeting.

The Committee notes that the Government reiterates its request for ILO support in revising all the labour laws and regulations.

The Committee trusts that Order No. 68-353 of 6 April 1968 and the abovementioned provisions of the Penal Code will at last be aligned with the Convention and that the Government will shortly be in a position to report measures taken to this end.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(a) of the Convention. In its previous comments the Committee referred to sections 79, 94, 99, 252 and 254 of the Penal Code, which provide for terms of imprisonment for offences relating to the exercise of the freedom of expression and assembly. By virtue of section 1 of Order No. 68-353 of 6 April 1968, these sentences involve an obligation to work. The Committee recalled that the Convention prohibits the use of any form of forced or compulsory labour as a punishment for persons holding or expressing political views or views ideologically opposed to the established political, social or economic system, and requested the Government to take the necessary measures to ensure that persons protected by the Convention may not be subjected to punishment which includes the obligation to work.

In its last report, the Government confirmed its intention of repealing Order No. 68-353 of 6 April 1968 and indicates that a bill to repeal it will be submitted to the Central Labour and Employment Council (CSTE) at its next meeting.

The Committee notes that the Government reiterates its request for ILO support in revising all the labour laws and regulations.

The Committee trusts that Order No. 68-353 of 6 April 1968 and the abovementioned provisions of the Penal Code will at last be aligned with the Convention and that the Government will shortly be in a position to report measures taken to this end.

With regard to the comments of the Federation of Autonomous Comoran Workers’ Organizations (USATC) on the application of Conventions No. 29 and 105, communicated on 12 October 2000, the Committee refers the Government to its observation on Convention No. 29.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee refers the Government to its observation on Convention No. 29 and notes the information sent by the Government in reply to its previous comments.

Article 1(a) of the Convention. In its previous comments the Committee referred to sections 79, 94, 99, 252 and 254 of the Penal Code, which provide for terms of imprisonment for offences relating to the exercise of the freedom of expression and assembly. By virtue of section 1 of Order No. 68-353 of 6 April 1968, these sentences involve an obligation to work. The Committee recalled that the Convention prohibits the use of any form of forced or compulsory labour as a punishment for persons holding or expressing political views or views ideologically opposed to the established political, social or economic system, and requested the Government to take the necessary measures to ensure that persons protected by the Convention may not be subjected to punishment which includes the obligation to work.

In its last report, the Government confirmed its intention of repealing Order No. 68-353 of 6 April 1968 and indicates that a bill to repeal it will be submitted to the Central Labour and Employment Council (CSTE) at its next meeting.

The Committee notes that the Government reiterates its request for ILO support in revising all the labour laws and regulations.

The Committee trusts that Order No. 68-353 of 6 April 1968 and the abovementioned provisions of the Penal Code will at last be aligned with the Convention and that the Government will shortly be in a position to report measures taken to this end.

With regard to the comments of the Federation of Autonomous Comoran Workers’ Organizations (USATC) on the application of Conventions No. 29 and 105, communicated on 12 October 2000, the Committee refers the Government to its observation on Convention No. 29.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 1(a) of the Convention. 1. In its previous comments, the Committee referred to sections 79, 94, 99, 252 and 254 of the Penal Code, which provide for terms of imprisonment for offences relating to the exercise of the freedom of expression and assembly. Under the terms of section 1 of Order No. 68-353, of 6 April 1968, these sentences involve an obligation to work. The Committee recalled that the Convention prohibits the use of any form of forced or compulsory labour as a punishment for persons holding or expressing political views or views ideologically opposed to the established political, social or economic system, and it requested the Government to take the necessary measures to ensure that persons protected by the Convention cannot be subjected to punishment which includes the obligation to work.

In an earlier report, the Government had indicated that the above Order was undergoing revision. The Committee, however, noted in its previous direct request that this revision had still not been completed.

The Committee notes the information provided by the Government in its report to the effect that the technical assistance of the Office would be welcome in the context of an overall revision of the labour legislation and regulations. It notes that the Government hopes, in this framework, to revise or repeal, as appropriate, the above sections of the Penal Code and the relevant implementing texts so as to ensure conformity with the provisions of the Convention.

The Committee expresses the firm hope that the above provisions will finally be brought into conformity with the Convention and that the Government will soon be in a position to report on the measures taken to this end.

2. The Committee notes the comments of the Federation of Autonomous Comoran Workers’ Organizations (USATC) on the application, among others, of Conventions Nos. 29 and 105, which were communicated to the Office by electronic mail on 12 October 2000. The Committee notes that in its comments the USATC reports cases of forced labour by political detainees. The Committee requests the Government to provide its observations on these allegations in its next report.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(a) of the Convention. In its earlier comments, the Committee referred to sections 79, 94, 99, 252 and 254 of the Penal Code, which provide for terms of imprisonment which, under the terms of section 1 of Order No. 68-353 of 6 April 1969, includes compulsory work. The Committee recalled that the Convention prohibits any use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed the established political, social or economic system.

The Committee again notes that the revision of the above-mentioned Order has still not been completed, as well as the Government's statement that it will not fail to take account of the Committee's comments.

The Committee again expresses the hope that the Government will take the necessary measures in the near future to ensure that persons protected by the Convention cannot, in contravention of the Convention, be subjected to punishment which includes the obligation to work. It requests the Government in its next report to provide information on any progress that has been made in this regard.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(a) of the Convention. In its earlier comments, the Committee referred to sections 79, 94, 99, 252 and 254 of the Penal Code, which provide for terms of imprisonment which, under the terms of section 1 of Order No. 68-353 of 6 April 1969, includes compulsory work. The Committee recalled that the Convention prohibits any use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed the established political, social or economic system.

The Committee again notes that the revision of the above-mentioned Order has still not been completed, as well as the Government's statement that it will not fail to take account of the Committee's comments.

The Committee again expresses the hope that the Government will take the necessary measures in the near future to ensure that persons protected by the Convention cannot, in contravention of the Convention, be subjected to punishment which includes the obligation to work. It requests the Government in its next report to provide information on any progress that has been made in this regard.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(a) of the Convention. In its previous comments, the Committee referred to sections 79, 94, 99, 252 and 254 of the Penal Code, which provide for sentences of imprisonment involving, by virtue of section 1 of Order No. 68-353 of 6 April 1968, the obligation to work, in connection with freedom of expression and the right of assembly.

The Committee noted that Order No. 68-353 was being reviewed and asked for information on the state of progress of the review.

The Government has noted that it had not been possible to complete the project to review Order No. 68-353, but that the Government will take account of the Committee's comments.

The Committee recalls that the Convention prohibits the use of any form of forced or compulsory labour to punish persons who have expressed certain political views or views ideologically opposed to the established political, social or economic order if such persons have not used violence or incited to violence.

The Committee hopes that the Government will take the necessary measures to ensure that the persons covered by the Convention cannot be subject to sanctions involving the obligation to work.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 1(a) of the Convention. In its previous comments, the Committee referred to sections 79, 94, 99, 252 and 254 of the Penal Code, which provide for sentences of imprisonment involving, by virtue of section 1 of Order No. 68-353 of 6 April 1968, the obligation to work, in connection with freedom of expression and the right of assembly.

The Committee noted that Order No. 68-353 was being reviewed and asked for information on the state of progress of the review.

The Government has noted that it had not been possible to complete the project to review Order No. 68-353, but that the Government will take account of the Committee's comments.

The Committee recalls that the Convention prohibits the use of any form of forced or compulsory labour to punish persons who have expressed certain political views or views ideologically opposed to the established political, social or economic order if such persons have not used violence or incited to violence.

The Committee hopes that the Government will take the necessary measures to ensure that the persons covered by the Convention cannot be subject to sanctions involving the obligation to work.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following point raised in its previous direct request:

Article 1(a) of the Convention. In its previous comments, the Committee referred to sections 79, 94, 99, 252 and 254 of the Penal Code, which provide for sentences of imprisonment involving, by virtue of section 1 of Order No. 68-353 of 6 April 1968, the obligation to work, in connection with freedom of expression and the right of assembly.

The Committee noted that Order No. 68-353 was being reviewed and asked for information on the state of progress of the review.

In its report received in 1992, the Government noted that it had not been possible to complete the project to review Order No. 68-353, but that the Government will take account of the Committee's comments during the review.

The Committee recalls that the Convention prohibits the use of any form of forced or compulsory labour to punish persons who have expressed certain political views or views ideologically opposed to the established political, social or economic order if such persons have not used violence or incited to violence.

The Committee hopes that the Government will take the necessary measures to ensure that the persons covered by the Convention cannot be subject to sanctions involving the obligation to work.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 1(a) of the Convention. In its previous comments, the Committee referred to sections 79, 94, 99, 252 and 254 of the Penal Code, which provide for sentences of imprisonment involving, by virtue of section 1 of Order No. 68-353 of 6 April 1968, the obligation to work, in connection with freedom of expression and the right of assembly.

The Committee noted that Order No. 68-353 was being reviewed and asked for information on the state of progress of the review.

In its report, the Government indicates that it has not been possible to complete the project to review Order No. 68-353, but that the Government will take account of the Committee's comments during the review.

The Committee recalls that the Convention prohibits the use of any form of forced or compulsory labour to punish persons who have expressed certain political views or views ideologically opposed to the established political, social or economic order if such persons have not used violence or incited to violence.

The Committee asks the Government to take the necessary measures to ensure that the persons covered by the Convention cannot be subject to sanctions involving the obligation to work.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 1(a) of the Convention. In its previous direct request, the Committee asked the Government to provide information on the practical application, including copies of any judgements, of the following provisions of the Penal Code which provide for sentences of imprisonment involving, by virtue of section 1 of Order No. 68-353 of 6 April 1968, the obligation to work:

- section 79 covering schemes, acts and propaganda such as to jeopardise, in particular, public security or to discredit the political institutions or their operation;

- section 94 covering incitement to unarmed riotous assembly;

- section 99 covering participation in the organisation of an unannounced demonstration;

- section 252 covering shouting and singing in public places or at public meetings;

- section 254 covering the publication, dissemination or reproduction by any means whatsoever, whether deliberate or not, of false news that has affected or might affect the morale of the population.

The Committee notes the information in the Government's report, to the effect that, so far, no sentences have been passed under the above-mentioned provisions. The Committee also notes that Order No. 68-353 is in the process of being revised.

The Committee hopes that the draft being prepared will ensure that sentences of imprisonment involving compulsory labour may not be imposed on persons who express or have expressed certain political opinions or demonstrate their ideological opposition to the established political, social or economic order. The Committee asks the Government to report on the progress of the above-mentioned revision and to provide a copy of the new text as soon as it has been adopted.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer