Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Communication of texts. The Committee notes the Law on Public Service, 1997 (No. 45), communicated by the Government with its report. The Committee again requests the Government to supply, with its next report, a copy of any laws or regulations governing labour discipline in merchant shipping.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views. The Committee previously noted that, under section 226 of the Criminal Code, organization of group actions violating public order and participation in such actions is punishable with socially useful work or correctional work or deprivation of freedom for a term of up to three years (which involves compulsory prison labour). It has also noted that penal sanctions of correctional work or limitation of freedom may be imposed under section 347 of the Criminal Code for the violation of procedures related to the organization of meetings and manifestations by the organizers of such actions, if the violation entails grave consequences caused by negligence. While noting the Government’s indication in the report that no court decisions have been recorded under the above penal provisions during the reporting period, the Committee again requests the Government to provide information on the application of sections 226 and 347 in practice, as soon as such information becomes available, supplying sample copies of the court decisions defining or illustrating their scope, in order to enable the Committee to assess their conformity with the Convention.

Article 1(c). Penal sanctions applicable to public officials. The Committee notes the information on the application in practice of section 342(1) of the Criminal Code (“the non-performance or improper performance by public officials of their duties as a result of a negligent attitude”), including copies of the court decisions annexed to the Government’s report.

Article 1(d). Penal sanctions involving compulsory labour for participating in strikes. The Committee previously noted that section 348 of the Criminal Code provides for sanctions of correctional work or limitation of freedom as a punishment for the violation of strike procedures by the organizers of strikes, if the violation entails grave consequences caused by negligence. The Committee notes the Government’s indication in the report that the above section is applicable to cases of abuse of the right to strike, if such abuse has caused “serious damage”, which means the situation when human life or health are endangered. The Government also indicates that no court decisions have been recorded under this penal provision during the reporting period.

While duly noting these indications, the Committee hopes that measures will be taken with a view to amending section 348 of the Criminal Code, so as to ensure that no penalties involving compulsory labour can be imposed for having participated in peaceful strikes, in order to bring legislation into conformity with Article 1(d) of the Convention. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 348 in practice, as soon as such information becomes available, supplying sample copies of the relevant court decisions and indicating the penalties imposed.