Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. For a number of 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 and fines. The Committee pointed out 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 are still valid, and that the Ministry of Justice and Police had been asked to bring them into conformity with the Convention. The Government indicates in its latest report that the Ministry of Justice and Police has drafted a proposal in 2006 to the Council of Ministers to repeal Decree No. B-10 of 29 June 1983, but that no such proposal has been made to amend the National Decree of 20 July 1956. The Government also indicates that no definite changes can be reported.

The Committee has taken due note of this information and reiterates the firm hope that the necessary measures will at last be taken in order to bring the legislation into conformity with the Convention and the indicated practice, and that the Government will soon be in a position to report the progress made in this regard.

Article 1(c) and (d). Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. In its earlier comments the Committee referred to certain 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 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. The Government also indicated that the draft Decree had been approved by the Council of Ministers, but had not yet been adopted by the National Assembly.

In its latest report, the Government indicates however that the Ministry of Justice and Police is still in the reviewing process and that the situation has not changed yet. Recalling that this question has been the subject of the Committee’s comments for many years, the Committee reiterates the firm hope that the necessary measures will soon be taken to bring the legislation into conformity with the Convention. Noting also the Government’s statement in the report that the Ministry of Labour, Technological Development and Environment encourages this process, the Committee requests the Government to provide, in its next report, information on the progress achieved in this regard.