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

Article 1(c) and (d) of the Convention. Imprisonment involving compulsory labour for participation in a strike. In comments it has been making for many years, the Committee has requested the Government to take the necessary steps to ensure that Article 1(c) and (d) of the Convention is applied. The Committee has referred to Decree No. 105 of 7 June 1967, which allows a prison sentence of from 2 to 5 years to be imposed on anyone fomenting or taking a leading part in a collective work stoppage. The penalty laid down in the Decree for anyone who participates in such a stoppage without fomenting or taking a leading part in it, is correctional imprisonment of from 3 months to 1 year. For the purposes of this provision, there is a work stoppage "when there is collective stoppage of work or the imposition of a lockout except in the cases allowed by the law, the paralyzing of the means of communication and similar anti-social acts". Prison sentences involve compulsory labour under sections 55 and 66 of the Penal Code.

Article 1(c). Section 65 of the Maritime Police Code forbids crew members from disembarking in a port other than the port of embarkation, except with the agreement of the ship’s master. It further provides that crew members who desert forfeit their pay and belongings to the vessel and, if recaptured, must pay the cost of arrest and be punished in accordance with the naval regulations in force.

The Committee notes that in its reports the Government reiterates that every effort is being made to bring the national legislation into line with the Convention.

In its comments of 2003 on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee likewise noted information from the Government to the effect that a reform of the legislation had been proposed, in which Decree No. 105 of 1967 was to be amended or repealed.

Since the Committee has been commenting on this matter for many years, it hopes that the Government will provide information without delay on the amendment or repeal of Decree No. 105 of 1967 and section 65 of the Maritime Police Code.