Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the information provided by the Government in its report, including extracts from court decisions regarding certain aspects of freedom of association, as well as the right to demonstrate and hold processions.

1. Article 1(a) of the Convention. With reference to its earlier comments, the Committee notes the Government's indication that no penalties of imprisonment have been imposed during the period covered by the report under sections 145(2) and (5), 146-149, 151 or 159(a) of Penal Law 5737-1977. The Committee would be grateful if the Government would continue to supply information on the application in practice of these provisions, including copies of any court decisions defining or illustrating their scope.

2. Article 1(d). In comments made since 1980 the Committee noted that under section 160 of Penal Law 5737-1977:

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, involving an obligation to perform labour.

The Committee notes the Government's indication in its report that, as regards rephrasing of section 160, the Government's request is examined by the Ministry of Justice within the framework of the revision of the Penal Law which is due to take place. Having noted also the Government's repeated indication that section 160 has never been enforced, the Committee trusts that this section of the Penal Law will be repealed or amended so as to ensure that no penalties involving compulsory labour may be imposed for participation in strikes. It hopes that the Government will be in a position to provide, in its next report, information on action taken to this end.