Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1, subparagraph a, of the Convention. 1. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

–      sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;

–      section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;

–      sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;

–      sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;

–      sections 271–374, concerning defamation and abuse;

–      section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;

–      section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;

–      section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

–      sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;

–      section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);

–      section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;

–      section 63, concerning the hawking of prohibited printed material;

–      section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;

–      section 68, concerning seditious cries or chants uttered in public places or gatherings;

–      section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;

–      section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;

–      section 71, concerning insulting behaviour towards the President of the Republic;

–      section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;

–      section 73, which penalizes public decency offences by one of the means set forth in section 64;

–      sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.