Observación (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

Article 1(a) of the Convention. The Committee notes the Government's report.

1. The Committee refers to its previous comments and notes that section 5 of Act No. 90-31 respecting associations invalidates the legal status of an association whose objectives are contrary to the established system, to public order, good morals or the laws and regulations in force. Section 45 provides that any individual who directs, administers or agitates in an association that has not been recognized, or that has been suspended or dissolved, or who facilitates meetings of the members of such an association shall be punished by a term of imprisonment ranging from three months to two years, including the obligation to work, under sections 2 and 3 of the Interministerial Order of 26 June 1983. The Committee recalls that the Convention prohibits the use of any form of 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.

2. The Committee notes the Government's statement to the effect that the legislation in force makes no distinction between a crime that is political or civil, and that all prisoners who are incarcerated have been sentenced and punished for crimes committed under the criminal law. The Committee emphasizes that, where there is an obligation to prison labour such as provided for by the Ministerial Decree for a person sentenced under Act No. 90-31, concerning an association whose objectives are to express political views or views ideologically opposed to the established order, and would in this respect be considered as contrary to the established system, public order, good morals, or the laws and regulations in force as provided for by the provisions of the Act, such work would be prohibited by the Convention and therefore inadmissible. The Committee again requests the Government to take the necessary measures to ensure observance of the Convention, by amending the effects of the legislation, for example, by exempting from prison labour persons who are sentenced for offences in respect of freedom of opinion or expression or for political offences.

3. The Committee had also requested the Government to provide information on the application, in practice, of Act No. 89-11 respecting political associations, in particular, sections 3, 5 and 6, as well as sections 5 and 45 of Act No. 90-31 respecting associations. The Committee requests the Government to provide information on any judgements handed down in application of the above provisions and to provide a copy of the texts.