Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. Prison labour. The Committee previously referred to the provisions of Ordinance No. 72-02 of 10 February 1972 and to those of sections 2 and 3 of the Inter-Ministerial Order of 26 June 1983, prescribing the procedure for the utilisation of prison labour by the National Agency for Educational Work, under which convicted prisoners are required to perform useful work. The Committee noted the Government's statement that only common criminals may be obliged to perform work with a view to their re-education and reintegration into society.

The Committee observes that the above texts do not establish any distinction as to the nature of the conviction, in connection with the obligation to perform prison labour.

The Committee asks the Government to indicate which texts establish such a distinction and/or lay down exemption from prison labour for persons sentenced for political offences.

2. Article 1(d). In its previous comments, the Committee referred to sections 15 and 21 of Ordinance No. 71-75 of 16 November 1971, respecting collective labour relations in the private sector, under which workers, even those who are not union members, are prohibited from resorting to a strike without the approval of the trade union authorities, and any infringement may be punished by a penalty of imprisonment involving, by virtue of the prison legislation, the obligation to work. The Committee noted the Government's statement that a Bill respecting the procedure for exercising the right of association was to be examined.

The Committee notes from the Government's report that two draft texts respecting the right to strike are being prepared. One will establish the procedures and restrictions and the other will deal essentially with the protection of the exercise of the right of association and will assure its autonomy.

The Committee hopes that, in this revision of the legislation concerning the right to strike, account will be taken of the requirements of the Convention, and asks the Government to provide copies of the new texts when adopted.

3. The Committee notes that the Government's report contains no information on the measures taken or under consideration to repeal or amend section 437 of the Labour Code, under which any worker in a self-managing enterprise or undertaking who, knowingly and despite the opposition of the manager, carries out acts or takes decisions that may reduce the initial value of the means of production may be punished by imprisonment (involving, by virtue of the prison legislation, the obligation to work), in order to ensure that breaches of labour discipline may not be punished by a penalty involving, by virtue of the prison legislation, the obligation to work.

The Committee hopes that the next report will contain the information requested.