Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its reports received in 1994 and 1995.

1. Article 1(a) of the Convention. In its earlier comments the Committee noted that under section 4 of the Sunday Observance Decree of 3 May 1989 it is prohibited, among other things, to convene, organize or take part in an assembly or procession in any public place on a Sunday; under section 9, a penalty of up to one month's imprisonment may be imposed for breaches of the Decree, the word "assembly" meaning a gathering of three or more persons for the purpose of discussion on matters of public interest or for the purpose of the expression of views on such matters.

The Committee notes the Government's indication in its report received in 1994 that there have been no prison sentences imposed on anyone breaching the said Decree, but those that had been charged, were merely warned and discharged by the Court.

The Committee hopes that accordingly, consideration will be given to amending section 9 of the Decree so as to ensure, in conformity with actual practice, that no penalty involving an obligation to work may be imposed for offences falling within Article 1(a) of the Convention, and that pending amendment of the Decree, the Government will continue supplying information on the application of section 9.

2. In its earlier comments the Committee noted the provision of section 162 of the Constitution, according to which all basic civil and political rights can be suspended by an Act of Parliament where action is taken or threatened whether inside or outside the country to excite disaffection against the President or the Government or to promote feelings of ill will and hostility between different races or classes of the population likely to cause violence.

The Committee notes the Government's statement in its report received in 1994 that no law has been enacted so far in this regard. It would be grateful if the Government would continue supplying information on any enactment adopted under section 162 of the Constitution.