Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee again requests the Government to communicate a copy of legislation governing the execution of penal sentences.

Article 1(a) of the Convention. 1. In its earlier comments, the Committee referred to 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. Section 25 of the same Law provides for liability of organizers, leaders and participants of meetings, marches and demonstrations for violation of the Law. In its latest report, the Government repeats its previous indication 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. While noting this indication, the Committee reiterates its request for information on the application of this provision in practice, including the information on the sanctions imposed, and asks the Government to supply a copy of a full updated text of the Administrative Code. Please also clarify whether the sanction of administrative arrest involves an obligation to perform labour.

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.

3. The Committee has noted from the Government’s report that, in case of violation of the constitutional right to freedom of expression, a person can apply to the National Human Rights Office or to a court. The Committee would appreciate it if the Government would provide information on any proceedings instituted as a consequence of violation of this constitutional right and communicate copies of any court decisions or the National Human Rights Office’s decisions or reports dealing with the subject.

Article 1(c). 4. The Committee previously noted 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. It again requests the Government to provide a copy of the Maritime Code with its next report.

5. In its earlier comments, the Committee referred to section 319 of the Penal Code, which provides that 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 referred to section 197 of the Penal Code, which 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. Referring to paragraphs 110-116 of its 1979 General Survey on the abolition of forced labour, the Committee expressed the hope 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, in order to bring these provisions into conformity with the Convention. 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 and including copies of relevant court decisions. As the Government’s latest report contains no such information, the Committee hopes that the Government will not fail to supply the information requested in its next report.

Article 1(d). 6. 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 Committee also noted the Government’s indication 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 not fail to supply a full updated text of the Administrative Code with its next report.