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

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political or ideological views. The Committee previously noted the adoption of a Law of 24 July 2007 to amend certain legal acts with a view to increasing liability for the “extremist activities”, which include acts based on political, ideological, racial, national or religious hatred or enmity. It noted, in particular, that under sections 280, 282.1 and 282.2 of the Criminal Code, the following acts are punishable with sanctions of imprisonment (which involves compulsory prison labour): public appeal to perform extremist activities; establishment of an extremist group or organization; and participation in such a group or organization prohibited by a court decision.

The Committee draws the Government’s attention once again to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it pointed out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, but if sanctions involving compulsory labour enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, such sanctions fall within the scope of the Convention.

The Committee asks the Government once again to provide, in its next report, information on the application in practice of sections 280, 282.1 and 282.2 of the Criminal Code, including copies of any court decisions defining or illustrating their scope, so as to enable the Committee to ascertain their conformity with Article 1(a) of the Convention. Please also clarify the notion of “extremist activities”, which is used in the above provisions of the Criminal Code.