Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Cameroun (Ratification: 1962)

Autre commentaire sur C105

Observation

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Article 1(a) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Since 1996, the Committee has been drawing the Government’s attention to certain provisions of the legislation (Penal Code and Act No. 90-53 concerning freedom of association) by virtue of which criminal penalties that include compulsory prison labour may be imposed. Specifically, under section 24 of the Penal Code and section 49 of Decree No. 92-052 establishing the prison system, prison sentences entail the obligation to work. The Committee emphasized that where an individual is, in any manner whatsoever, compelled to perform prison labour as punishment for expressing certain political views or opposing the established political, social or economic system, this is not in conformity with the Convention. The Committee referred to the following legal provisions:

-section 113 of the Penal Code, under which any person issuing or propagating false information that may be detrimental to the public authorities or national unity shall be liable to imprisonment of three months to three years;
-section 154(2) of the Penal Code, under which any person guilty of incitement, whether in speech or in writings intended for the public, to revolt against the Government and the institutions of the Republic shall be liable to imprisonment of three months to three years;
-section 157(1)(a) of the Penal Code, under which any person guilty of incitement to obstruct the enforcement of any law, regulation or lawfully issued order of the public authority shall be liable to imprisonment of three months to four years;
-section 33(1) and (3) of Act No. 90-53 concerning freedom of association, under which board members or founders of an association which continues operations or which is re-established unlawfully after a judgment or decision has been issued for its dissolution, and persons who have encouraged the assembly of members of the dissolved association by allowing continued use of the association’s premises, shall be liable to imprisonment of three months to one year. Section 4 of the Act provides that associations founded in support of a cause or for a purpose contrary to the Constitution, or associations whose purpose is to undermine, inter alia, security, territorial integrity, national unity, national integration or the republican nature of the State, shall be null and void. Furthermore, section 14 provides that the dissolution of an association does not prevent any legal proceedings from being instituted against the officials of such an association.

The Committee notes that there is no information on this point in the Government’s report. The Committee notes the adoption of Act No. 2016-007 of 12 July 2016 issuing the Penal Code. However, it observes with concern that sections 113, 154(2) and 157(1)(a) of the Penal Code remain unchanged and that any person who propagates false information, who is guilty of incitement whether in speech or in writings intended for the public, to revolt against the Government and the institutions of the Republic, or who is guilty of incitement to obstruct the enforcement of any law, regulation or lawfully issued order of the public authority, is still liable to imprisonment that includes compulsory prison labour. Moreover, the Committee notes that, under section 153, any person who insults the President or a foreign head of State shall be liable to imprisonment of six months to five years.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, especially compulsory prison labour, as a punishment for persons who, without recourse to violence, hold or express political views or views ideologically opposed to the established political, social or economic system. The Committee emphasizes that the range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour thus includes the freedom to express political or ideological views (which may be exercised orally or through the press or other communications media) (see General Survey of 2012 on the fundamental Conventions, paragraph 302). The Committee therefore urges the Government to take the necessary steps without delay to bring the abovementioned provisions of the Penal Code and those of Act No. 90-53 concerning freedom of association into conformity with the Convention, in such a way that no penalty of imprisonment entailing compulsory labour can be imposed on persons who express political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to send information on all progress made in this respect.