Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request which read as follows:

Article 1(a) of the Convention. In its earlier comments the Committee noted that under section 142 of the revised Penal Code a penalty of imprisonment may be imposed upon persons who by means of speeches, proclamations, writings or emblems incite others to acts constituting sedition; utter seditious words or speeches; or write, publish, or circulate scurrilous libels against the Government. Under section 154(1) a penalty of imprisonment may be imposed on any person who by means of printing, lithography or any other means of publication maliciously publishes as news any false news which may endanger the public order or cause damage to the interests or credit of the State.

The Committee recalled that the Convention prohibits the use of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It requested the Government to indicate the measures taken or envisaged to ensure that the persons protected by the Convention may not be punished by penalties of imprisonment (involving, under section 1727 of the Revised Administrative Code, an obligation to work), and to provide information on the practical application of the abovementioned provisions.

The Committee noted the Government’s indication in its previous report that a proposal to amend section 1727 of the Revised Administrative Code has been submitted. The Committee hopes that measures will thus be adopted in the near future to ensure the observance of the Convention in this regard, and requests the Government to provide, in its next report, information on the action taken. Pending amendment of the legislation, the Government is again requested to provide information on the application in practice of sections 142 and 154(1) of the Penal Code, including statistics of convictions made thereunder and copies of any court decisions defining or illustrating their scope.