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

Repetition

Impact of compulsory prison labour on the application of Article 1(a), (c) and (d) of the Convention. In its previous comments, the Committee asked the Government to clarify whether the distinction between common law offences and political offences was still applied in practice. The Government indicates in reply that the concept of political offences no longer exists, either in positive law or in practice. Section 35 of the new Penal Code makes a distinction between common law offences, for which the deprivation of freedom takes the form of imprisonment, and military offences, for which the deprivation of freedom takes the form of military detention.

The Committee notes this information. It observes that, with the exception of persons convicted of military offences, any individual sentenced to imprisonment is forced to work. According to section 46 of the Penal Code, sentences involve imprisonment in all cases but persons sentenced to detention are not compelled to work. Moreover, according to section 68 of Decree No. 69-189 of 14 May 1969 issuing the prison regulations, convicted prisoners are required to work. Lastly, section 680 of the Code of Criminal Procedure lays down the same obligation to work, stating that it applies to individuals sentenced to imprisonment for crimes or common law offences.

The Committee recalls that, in most cases, work imposed as a result of a judicial conviction does not affect the application of the Convention. However, if a person is forced to work, particularly to engage in prison labour, as a result of expressing certain political views, opposing the established political, social or economic order, or participating in a strike, such compulsory labour comes within the scope of Article 1(a), (c) and (d) of the Convention, which prohibits recourse to any form of compulsory labour in these circumstances. Hence, where prison sentences include compulsory labour – as is the case in Côte d’Ivoire – they come within the scope of the Convention since they constitute a penalty for expressing political views, expressing opposition or participating in a strike.

In view of the above, the Committee draws the Government’s attention to the following provisions of the Penal Code which prescribe prison sentences for offences which could come within the scope of Article 1(a), (c) and (d) of the Convention.

• – Article 1(a) (work imposed as a punishment for expressing political views or views opposed to the established political, social or economic system):

■ section 172: possession, distribution, sale or public display, for propaganda purposes, of tracts or bulletins of foreign origin or inspiration, such as to harm the national interest;

■ section 173: publication, dissemination, disclosure or reproduction by whatever means of false information which results in, or could result in, … the undermining of public morals or the discrediting of institutions or their functioning;

■ section 183: participation in an unauthorized or prohibited demonstration; and

■ sections 243–249: insults and abuse directed at Heads of State, representatives of foreign governments and national or foreign emblems, and also abuse directed at the public authorities.

• – Article 1(c) (work imposed as a means of labour discipline):

■ section 271: negligence by a civil servant causing any delay, slowdown or disruption that seriously undermines the functioning of the public service to which he/she belongs.

• – Article 1(d) (work imposed as a punishment for having participated in strikes):

■ section 318: threats or deception intended to cause or maintain a concerted work stoppage with a view to forcing an increase or decrease in wages or undermining the freedom of industry or work.

The Committee requests the Government to provide information on the application in practice of these provisions of the Penal Code and, in particular, information on the number of convictions handed down and the facts forming the basis of the convictions and, if applicable, to provide copies of the relevant court decisions to enable the Committee to evaluate the scope of these provisions in the light of the Convention.