Observación (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

1. In its previous observations, the Committee referred to certain provisions of: the Penal Code; Act No. 156 of 1960 respecting the reorganization of the press; Act No. 430 of 31 August 1955 respecting film censorship; Act No. 32 of 12 February 1964 respecting associations and private foundations; the Public Meetings Act, 1923; the Meetings Act, 1914; and Act No. 40 of 1977 respecting political parties. It pointed out that the implementation of these provisions could affect the application of Article 1(a) of the Convention, which prohibits forced or compulsory labour as a means of political coercion or education or 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 indications in its report that various provisions of the Penal Code are not meant for punishing the adoption of any particular political opinion or the expression of political views on social and economic order, as long as the means used to do so are lawful. It also notes the Government's indication that Act No. 156 of 1960 respecting the reorganization of the press, as amended by Act No. 148, 1980 respecting press authority, is not concerned with ideological or political orientation of the press but with procedural aspects of the publication, and that persons holding opposing views may, on obtaining the appropriate authorization, expose their dissenting political, economic and social views without being prosecuted under the Act.

The Committee refers to paragraphs 133 and 138 of its 1979 General Survey on the abolition of forced or compulsory labour, in which it indicated 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 this kind; however, where authorities enjoy wide powers to ban publications in the public interest, subject to sanctions involving compulsory labour, this may lead to the imposition of compulsory labour as a punishment for expressing political or ideological views. The Committee hopes that the Government will re-examine the above-mentioned legislation with a view to ensuring the observance of the Convention and that it will soon indicate measures taken or envisaged to this end.

2. Article 1(d). In its previous comments, the Committee referred to sections 124, 124A, 124C and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment which may involve compulsory labour. The Committee notes the Government's indication in its report that the conviction under the above-mentioned provisions does not involve any obligation to perform compulsory labour inside the prison. The Government also refers to section 24 of the Act concerning the organization of prisons which provides that prisoners who are detained temporarily or who have been convicted without obligation to perform prison labour can only work when they so wish. The Committee requests the Government to indicate any measures taken or contemplated to ensure that persons convicted under the above-mentioned provisions of the Penal Code are entitled to the status set out in section 24 of the Act concerning the organization of prisons. The Committee would also appreciate it if the Government would supply copies of any court decisions handed down under the above-mentioned provisions of the Penal Code.

3. The Committee previously expressed the hope that measures would be taken to ensure the observance of the Convention with regard to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, under which penalties of imprisonment involving compulsory labour may be imposed on seamen who together commit repeated acts of insubordination. In this connection, the Committee recalled that Article 1(c) and (d) of the Convention prohibits the exaction of forced or compulsory labour as a means of labour discipline or as punishment for having participated in strikes. The Committee noted that, in order to remain outside the scope of the Convention, such punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life of persons.

The Committee notes the indication in the Government's report that the penalties imposed under the above-mentioned sections of the Act are aimed at preventing the exposure of the vessel, its crew, passengers and its cargo to danger, especially at sea or in a foreign country.

The Committee observes that while section 13, paragraphs (1) to (4) of the Act deal with breaches of discipline of an apparently serious nature defined with reasonable precision and do not give rise to any problem as to their compatibility with the Convention, it however appears that under section 13(5), read together with section 14, participation in strikes may be punished with imprisonment even in circumstances where the safety of the vessel or the life and health of persons are not endangered.

Noting the Government's earlier indication that the Committee's comments on this matter had already been transmitted to the competent authorities in 1985 with a view to amending these provisions, the Committee hopes that the Government will soon be in a position to indicate that the necessary measures have been taken to ensure the observance of the Convention.

4. The Committee recalls the Government's earlier indication that the legislation was being reviewed in order to bring it into conformity with international Conventions. The Committee trusts that the Government will soon be in a position to indicate progress made in its efforts to this end.

In this connection, the Committee hopes that the Government will supply full details also on a number of other points that are again dealt with in a request addressed directly to the Government.