Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee has noted the Government’s reply to its earlier comments. It has noted with interest Government Decree No. 500/2000, which repealed Government Decree No. 284/1992 concerning measures of economic mobilization, communicated by the Government with its report. The Committee has also noted the Government’s clarifications concerning section 97(1) of the Penal Code, including the information on its application in practice.

Article 1(c) of the Convention. Disciplinary measures involving compulsory labour applicable to public officials. Referring to its earlier comments on the subject, the Committee has noted the Government’s indications concerning the definition of a "public official" (section 89(9) of the Penal Code) and the application of section 158(1) of the Penal Code. However, as regards section 159(1) of the Penal Code, according to which a public official who by negligence thwarts or makes substantially more difficult the execution of an important task shall be punishable with imprisonment (which involves compulsory prison labour), the Committee draws the Government’s attention to the explanations contained in paragraphs 110-116 of its General Survey of 1979 on the abolition of forced labour, in which it considered that sanctions involving compulsory labour for breaches of labour discipline may be compatible with the Convention only if such breaches impair or are liable to endanger the operation of essential services or which are committed either in the exercise of functions that are essential to safety or in circumstances where life or health are in danger. The Committee therefore hopes that measures will be taken, on the occasion of the future revision of the Penal Code, to amend section 159 so as to restrict its application to essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population) or, more generally, to circumstances where the life or health of persons are in danger. Pending the revision, the Committee requests the Government to continue to provide information on the application of the above provision in practice, including copies of court decisions defining or illustrating its scope.