Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Article 1(d) of the Convention. Penalties involving compulsory labour as a punishment for having participated in strikes. In comments made since 1980, the Committee has been referring to section 160 of Penal Law 5737-1977, which stipulates that “if the Government is of the opinion that serious disturbances exist in labour relations, threatening or prejudicing the economy in Israel or trade with foreign States, it may by proclamation declare a state of emergency for the purposes of this section, and so long as such a proclamation is not revoked, a person who takes part in a lockout or strike in relation to the commercial transport of goods or conveyance of passengers in Israel or between Israel and foreign States or in the provision of a public service in Israel or incites to, aids or encourages such a lockout or strike or the continuance thereof is liable to imprisonment for one year”, which involves an obligation to perform labour by virtue of section 48(a) of the same Law. While having noted the Government’s repeated statement that section 160 has never been enforced, the Committee expressed the hope that this section would be either repealed or amended so as to limit its scope to circumstances which would constitute a “state of emergency” in the strict sense of the term, namely when the existence or well‑being of the whole or part of the population is endangered, provided that the duration of the prohibition is limited to the period of immediate necessity.

The Committee notes the Government’s indication in its report that, in the near future, the Ministry of Public Security, which is responsible for the legal arrangements relating to prisons, will table a Government sponsored Bill concerning the employment of prisoners, which will include a provision stipulating that the obligatory work generally applicable to prisoners shall not apply to a prisoner who is serving a sentence in respect of an offence under section 160 of the Penal Law.

The Committee hopes that the Government will keep the ILO informed of the progress made in the adoption of the Bill on the employment of prisoners referred to above and that the legislation will soon be brought into conformity with the Convention on this point.