Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, subparagraph a, of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. For many years, the Committee has been referring to the National Decree of 20 July 1956 which requires prior authorization of meetings open to the public and other meetings in the district of Paramaribo under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly); sections 8 and 9 of the 1933 Decree provide for penalties involving compulsory labour. The Committee has also been referring to section 1 of Decree No. B-10 of 29 June 1983 which prohibits the importation, carrying, sale, distribution, possession, storage, production and reproduction of proscribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the Decree provides for penalties of imprisonment. The Committee pointed out on numerous occasions that, in so far as the above provisions are enforced by penalties involving an obligation to perform labour, they may accordingly lead to the imposition of compulsory labour as a punishment for expressing political or ideological views.

The Committee previously noted the Government’s repeated indication in its reports that neither Decree No. B-10 nor the National Decree of 20 July 1956 was applied in practice, though officially they were still valid, and that the Ministry of Justice and Police had been asked to bring them into conformity with the Convention. The Government also indicated in its 2007 report that the Ministry of Justice and Police drafted a proposal in 2006 to the Council of Ministers to repeal Decree No. B-10 of 29 June 1983. In its latest report, the Government reiterates the importance of the repealing of the above Decrees and indicates that this issue has been recently brought once again to the attention of the Ministry of Justice and Police.

While having noted the Government’s repeated assurances that it will give attention to the issues raised by the Committee of Experts, the Committee trusts that the necessary measures will at last be taken in order to bring the legislation into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on the progress made in this regard.

Article 1, subparagraphs c and d. Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. For a number of years, the Committee has been referring to penal provisions applicable to seafarers which permit penalties of imprisonment (involving compulsory prison labour) to be imposed for certain breaches of labour discipline by seafarers, even in situations where the ship or the life or health of persons are not endangered. The Committee previously noted the Government’s statement that a draft decree prepared by the Minister of Justice and Police to repeal sections 456–458, 462, 463 and 468, and to amend sections 455 and 464, of the Penal Code applying to seafarers would be submitted to the competent authority. However, the Government indicates in its latest report that the relevant sections of the Penal Code have not been repealed or amended separately during the reporting period, but a completely revised text of the Penal Code has been already approved by the Council of Ministers and has to be adopted by the National Assembly.

Recalling that this issue has been the subject of the Committee’s comments for many years, the Committee trusts that the revised text of the Penal Code will soon be adopted and legislation will be brought into conformity with the Convention on this point. The Committee requests the Government to provide, in its next report, information on the progress made in this regard and to supply a copy of the revised Penal Code, as soon as it is adopted.