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Repetition Incidence of compulsory prison labour. In its previous comments, the Committee noted that, under Rule 54(1) of the Prison Rules, work is compulsory. The Committee requested the Government to provide information on the application in practice of certain provisions of the Penal Code, 2010 and the Public Meetings and Processions Act, 1993 under which penal sanctions involving compulsory prison labour might be imposed on persons as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes the Government’s indication that Rule 54(1) of the Prison Rules is no longer applied by the prison wardens, since sensitization about the contravention of the international Human Rights Law as well as international labour standards. There is a bill to repeal the prison rules that contravene the aforesaid standards. Hence, there are no judgements made pursuant to such provisions. The Committee requests the Government to provide a copy of the bill repealing the Prison Rules, once adopted. Article 1(a). Penal sanctions involving compulsory labour for holding or expressing political or ideological views. 1. Penal Code Act 2010. In its previous comments, the Committee noted that certain provisions of the 2010 Penal Code Act, notably sections 78 (expression of hatred or contempt), 79 (offences against the Royal Family), 101–104 (defamation) could involve the expression of political views or views ideologically opposed to the established political, social or economic system. The Committee also noted that no penalties were provided for these offences in the schedule of penalties (contained in Part X of the Penal Code Act), and that the imposition of the penalty is at the discretion of the court. The Committee requested the Government to provide information in its next report on the application in practice of the abovementioned provisions of the Penal Code Act. The Committee notes the Government’s indication that at the period of reporting there were no prosecutions in terms of sections 78, 79, 101–104 of the Penal Code Act. The Committee requests the Government to provide information, once available, on the application in practice of sections 78, 79, 101–104 of the Penal Code Act, so that it can assess to what extent these provisions are compatible with the Convention. The Committee also requests the Government to supply copies of any court decisions that illustrate the application of such provisions, indicating the penalties imposed in this respect. 2. Public Meetings and Processions Act, 1993. The Committee previously 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 considered that section 6(1) and (3) of the Public Meetings and Processions Act was drafted in broad terms, and requested the Government to take the necessary measures to bring the Act into compliance with the Convention, as well as to provide information on the application of the above sections in practice. Noting that the Government’s report contains no information in this regard, the Committee once again requests the Government to provide information on the application of section 6(1) and (3) of the Public Meetings and Processions Act in practice, supplying sample copies of relevant decisions which could define or illustrate their application, and to indicate measures taken or envisaged to ensure the observance of the Convention.
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:
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(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.
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 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 following matters raised in its previous direct request:
Communication of texts. The Committee would be grateful if the Government would 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 laws governing public assemblies, meetings and demonstrations; the law governing political parties; regulations governing conditions of employment for public officers, as set out by the Minister in accordance with section 14(1) of the Public Service Act 2005; the Disciplinary Code for public officers, to which reference is made in section 15(1)(a)(iii) of the Public Service Act 2005; and 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.
The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would 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 laws governing public assemblies, meetings and demonstrations; the law governing political parties; regulations governing conditions of employment for public officers, as set out by the Minister in accordance with section 14(1) of the Public Service Act, 2005; the Disciplinary Code for public officers, to which reference is made in section 15(1)(a)(iii) of the Public Service Act, 2005; and 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.