Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information provided by the Government in reply to its earlier comments. It requests the Government to supply, with its next report, a copy of legislation governing the execution of penal sentences.

Article 1(a) of the Convention. 1. The Committee previously noted the provisions of section 10, paragraph 2, of the Law on Meetings, Marches and Demonstrations, of 16 January 1997, which prohibits the expression of views concerning proposals of voluntary modification of the Latvian state system or inciting national or racial hatred or propagating fascist or communist ideology. It also noted that, under section 25 of the same Law, organizers, leaders and participants of meetings, marches and demonstrations may be held liable for violation of its provisions. The Government indicates in its report that violation of the abovementioned Law is punishable by a fine or an administrative arrest for a term of up to 15 days, under section 174-3 of the Administrative Code. The Committee requests the Government to provide information on the application of this provision in practice, indicating the sanctions imposed, and to supply a copy of a full updated text of the Administrative Code.

2. The Committee again requests the Government to supply copies of legislation governing the press and other media, so that the Committee could ascertain their conformity with the Convention.

Article 1(c). 3. The Committee notes the provisions of Regulation No. 158 of the Cabinet of Ministers concerning disciplinary punishment of civil servants, of 16 August 1994, supplied by the Government. It also notes the Government’s indications concerning Regulation No. 168 "the Maritime Code", of 16 August 1994, in relation to sanctions applicable to seafarers for various breaches of labour discipline, and requests the Government to provide a copy thereof with its next report.

4. The Committee notes that, under section 319 of the Penal Code, the non-performance or improper performance of duties by a public official as a result of a negligent attitude, causing substantial harm to state interests or to other persons, is punishable by deprivation of freedom (which involves compulsory prison labour, under article 19 of the Constitutional Law of the Republic of Latvia, 1991). It also notes that section 197 of the Penal Code makes punishable with similar sanctions the improper performance of duties by a responsible employee of an enterprise or organization, as a result of a negligent attitude, if substantial harm has been caused to the enterprise or organization or to rights and interests of other persons. The Committee points out, referring to paragraphs 110 to 116 of its 1979 General Survey on the abolition of forced labour, that only sanctions relating to breaches of labour discipline that impair or are liable to endanger the operation of essential services or which are committed in the exercise of functions which are essential to safety or in circumstances where life or health are in danger, are not covered by the Convention. The Committee therefore hopes that the above provisions of the Penal Code will be reviewed, so as to limit their scope to the exercise of functions which are essential to safety or to circumstances where the life or health of persons are endangered. Pending such revision, the Committee requests the Government to provide information on the application in practice of sections 197 and 319 of the Penal Code, indicating in particular the penalties imposed there under and including copies of relevant court decisions.

Article 1(d). 5. The Committee previously noted the provisions of sections 23(1) and 24(1) of the Law on Strikes, according to which a strike may be declared illegal by a court decision in case of violation of the Law, and section 34, which provides for liability of persons for violation of the Law. The Government indicates in its report that provisions of section 41-2 of the Administrative Code make participation in "illegal" strikes punishable with fines. The Committee hopes that the Government will supply, with its next report, a copy of these provisions.