Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee has noted that section 1(1) of Act No. 11/75 has been repealed by Act No. 23/91 of 15 June 1991 of which the Government has provided a copy.

The Committee noted previously that subsections (a), (b), (e) and (k) of section 1 of Act No. 11/75 had also been repealed.

The Committee has observed that subsections (g) and (m) referred to in earlier comments and which concern, respectively, passive resistance to work (punishable by one year in prison under section 4 of the same Act) and acts seriously harmful to the production process (punishable by a minimum six months' imprisonment under section 6) are still in force. Both sentences must be served in a production camp (section 8.2).

The Committee again requests that the Government indicate the measures taken or under consideration to ensure observance of Article 1(c) of the Convention which prohibits the imposition of sanctions involving compulsory labour to punish breaches of labour discipline.

2. The Committee noted from information supplied by the Government that several draft texts on prisons were being examined, including a preliminary draft Act on the general principles of the prisons' system. The Committee again asks that the Government report on the status of the above drafts and to provide a copy of them as soon as they have been adopted.

3. The Committee notes that under section 132 of Legislative Decree No. 33/252 (Merchant Shipping Penal and Disciplinary Code) crew members who desert at the port of embarkation are liable to a prison sentence of up to one year; desertion in any other port may be punished by a sentence of two years.

Under section 137 of the same Code, crew members who fail to carry out orders issued by superiors concerning services which do not endanger the safety of the vessel may be punished by a prison sentence of from one to six months. A crew member who refuses to obey an order and subsequently executes it voluntarily may be punished by a maximum of three months' imprisonment. Prison sentences involve compulsory labour by virtue of sections 13 and 50(c) of the Prison Regulations (Regulamento do regime progressivo) of 9 July 1981.

The Committee again recalls that the only sentences not covered by the Convention are those applying to acts which endanger the safety of the vessel or the life or health of persons on board.

The Committee asks the Government to examine the above-mentioned provisions in the light of the Convention and to provide information on the measures taken or under consideration to ensure that sanctions involving compulsory labour may not be imposed for breaches of labour discipline.