Demande directe (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

The Committee has become aware of a draft amendment to the Penal Code, which has been presented to Congress and which is to repeal Act No. 294 on which the Committee commented in its observation.

The Committee notes that section 153 of the draft amendment to the Penal Code refers to persons who group together as members or affiliates of an organisation which, in order to achieve its political ends, proposes the destruction, with or without the use of violence, of the republican, democratic and representative system of government established by the Constitution and the multi-party system. By virtue of the same provision, such persons receive the same treatment as those who join together to break the law and are liable, in addition to the penalties of imprisonment set forth in section 152, to dismissal and disqualification if they are employed or hold office in the public or municipal service or the police.

The Committee refers to the comments it has made in its observation concerning the protection afforded by the Convention to the expression of political opinion.

The Committee requests the Government to provide information on the present status of the draft amendment to the Penal Code and hopes that, as part of the revision, the necessary measures will be taken to ensure observance of the Convention.

The Committee takes note of the information provided by the Government concerning the confidential duties referred to in section 8 of Act No. 200.