Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

With reference to its observation under the Convention, the Committee hopes that the Government will supply full information on the following points.

In its previous comments, the Committee had noted that section 18 (new) of the Penal Code (Act No. 90-61 of 19 December 1990) no longer refers to the penalty of detention (a penalty depriving someone of his freedom for a political crime or lesser offence during which convicts were not required to work) and that sentences of imprisonment involving forced labour, under section 24 of the Code, may be imposed by virtue of the following provisions of the Penal Code:

(a) Section 111: the penalty of life imprisonment may be imposed on "whoever attempts, in time of peace, by whatever means, to undermine the integrity of the territory";

(b) Section 113: "whoever by any means whatsoever incites to the obstruction of the execution of any law, regulation or lawful order of the public authority is liable to imprisonment for from three months to four years";

(c) Section 116: a penalty of imprisonment from 10 to 20 years may be imposed on "(a) whoever provokes or facilitates, during an insurrectionary movement, the assembling of the insurgents by whatever means; (b) prevents by whatever means the convening, meeting or exercise of the public authority or takes over such authority: (c) appropriates public or private buildings";

(d) Section 152(2): "whoever, whether in speech or in writing intended for the public, incites to revolt against the Government and the institutions of the Republic shall be punished with imprisonment for from three months to three years";

(e) Section 157: "whoever professes or propagates false information liable to injure public authorities or national unity is liable to imprisonment for from three months to four years".

The Committee further noted that, under section 12 of Act No. 90-53 concerning freedom of association, associations may be dissolved by judicial decision on the initiative of the Legal Department or at the request of any interested party in case of nullity as provided for under section 4 of the same Act. Section 4 declares "null and void associations founded in support of a cause or in view of a purpose contrary to the Constitution, and associations whose purpose is to undermine, especially security, the integrity of the national territory, national unity, national integration or the republican character of the State". Section 14 of the same Act provides that "the dissolution of an association shall not bar any legal proceedings which may be instituted against the officials of such association", and section 33 provides for imprisonment for from three months to one year for the board members or founders of an association which continues operations or which is re-established illegally after a judgement or decision has been issued for its dissolution. The same penalties apply to anyone who encourages meetings of members of a dissolved association by allowing them the use of his premises (section 34).

To enable the Committee to ascertain that the application in practice of the provisions mentioned above remains restricted to activities which do not fall within the scope of protection of the Convention, the Committee again requests the Government to provide all information on the practical application of the provisions in question, including the number of convictions for violations thereof, and copies of any judicial decisions which define or illustrate their scope. It also requests the Government to indicate any measures taken or envisaged to ensure, in conformity with Article 1(a) of the Convention, that the persons protected by the Convention, particularly as regards the expression of opinions, political activities and the right of association and assembly, may not be subjected to penalties involving compulsory labour.