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

The Committee takes note of the Government's report and of the complete text of Labour Act No. 8/98.

1. The Committee notes that paragraph 3 of article 215 (Special sanctions) of Labour Act No. 8/98 prescribes that striking workers who violate paragraph 1 of article 130 (Maintenance of equipment) and article 139 (Access to facilities by non-striking workers) are subject to civil and penal prosecution. The Committee asks the Government to indicate the sanctions which may be imposed upon workers and to supply copies of the relevant legal provisions.

The Committee notes, furthermore, that the Government's report contains no reply to previous comments on the following points:

Article 1(a) and (b) of the Convention. 2. In its previous comments, the Committee referred to the Ministerial Directive of 15 June 1985 on the evacuation of towns, which provided for a number of measures directed at the "unproductive" population. The Committee noted that the re-education centres had been closed, and asked the Government to take the necessary measures to repeal the Ministerial Directive of 15 June 1985 in order to bring its national legislation into conformity with the Convention. The Committee notes that the Government has not replied on this point, and asks it to provide information on this matter in its next report.

3. The Committee noted that, under the terms of sections 15 and 22 of Act No. 19/91, prison sentences involving compulsory labour could be imposed for illegal activities aimed at changing the institutions of the State (section 15) and for the offences of defaming, slandering and insulting the President of the Republic, members of the Government, High Court judges and members of the Constitutional Council (section 22). The Committee recalls that the Convention prohibits any recourse to 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. The Committee also recalls that the protection afforded by the Convention extends to activities that aim to bring about fundamental changes in the institutions of the State, provided that they do not involve the use of, or incitement to, violent methods as a means of achieving the ends sought. The Committee again requests the Government to supply information on the effect given in practice to the above provisions of Act No. 19/91 with regard to sentences that have been imposed, and to supply copies of the appropriate judgement

4. The Committee notes the Government's statement to the effect that work done under the terms of penal legislation is not subject to the constitutional prohibition of forced labour. This type of work comes under the existing legal framework and arises from contracts that may be concluded between the penal establishment concerned and other institutions and with the authorization of the prison director. It should not be regarded as forced labour since it is done as part of the sentence and constitutes the prisoner's everyday activity. The Committee wishes to recall in this regard that labour imposed as a consequence of conviction in a court of law normally has no relevance to the application of the Convention, but if a person is obliged in one way or another to work for having expressed certain political opinions or because of breaches of labour discipline or participation in a strike, that situation is covered by the Convention (see the Committee's 1979 General Survey on the abolition of forced labour, paragraph 105). The Committee notes that the Government has indicated that it is working actively towards ratification of Convention No. 29, which restricts work done in prison for the benefit of private individuals.

The Committee again requests the Government to provide copies of Decrees Nos. 58 and 59 of 1974 respecting prison labour. It also requests the Government to indicate whether political prisoners are exempt from the obligation to work.

Article 1(b) and (c). 5. The Committee previously noted that Act No. 5/82 of 9 June 1982 respecting the defence of the economy prescribed penalties for behaviour that jeopardized economic development, prevented the carrying out of the plan or interfered with the material or spiritual welfare of the people. The Committee noted that sections 10, 12, 13 and 14 of the Act provided for terms of imprisonment involving compulsory labour in several cases of failure to fulfil economic obligations resulting from instructions, directives, procedures, etc., governing the preparation or carrying out of the national state plan. Section 7 of the Act provides penalties for unintentional behaviour (such as carelessness, lack of a sense of responsibility, etc.) resulting in infringement of the standards of management and discipline. These provisions appear to be generally applicable to any breach of the obligations or economic or technical standards in question. The Committee again invites the Government to take the necessary measures to repeal or modify the provisions in question of Act No. 5/82 to ensure compliance with the Convention, according to which Members are obliged to suppress and not to make any use of any form of forced or compulsory labour (including compulsory work imposed as part of a court sentence) as a method of mobilizing and using labour for purposes of economic development or as a means of labour discipline. The Committee asks the Government to provide information on any progress made in this matter.