Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee has noted the Government’s reply to its earlier comments.

Article 1(a) of the Convention. 1. The Committee previously noted that under section 198 of the Penal Code, where the judge recognizes the political nature of an offence, the judge will apply detention instead of forced labour and simple imprisonment or forced residence instead of imprisonment with the obligation to work. It also noted the Government’s reference to section 196 of the Penal Code, which defines political offences as intentional offences committed with a political motive, and requested the Government to supply copies of court decisions which could clarify the judge’s appreciation regarding the political nature of the offences. Having noted the Government’s indications in the report that such information is not yet available, the Committee expresses the hope that the information requested will be provided by the Government with its next report.

2. In its earlier comments, the Committee observed that, under section 198 (fifth paragraph) of the Penal Code, exemption from the obligation to work for offences recognized as being of a political nature is not applicable to offences against the external security of the State. For certain of these offences, imprisonment may be imposed in circumstances falling within the scope of Article 1(a) of the Convention, which may be the case of sections 297 and 298 of the Penal Code (offences against the prestige of the State and political or social associations of an international nature). The Committee requested the Government to supply information on the application in practice of the abovementioned provisions, including copies of court decisions defining or illustrating their scope. The Committee hopes that copies of such court decisions, if any, will be communicated by the Government with its next report.

3. The Committee previously noted that, under section 301 of the Penal Code, activities aimed at modifying by illegal means the Constitution of the State shall be punished by detention for a minimum period of five years (first paragraph) and that the sentence will be life imprisonment if there was resort to violence (second paragraph). It also noted that section 46 of the Penal Code provides that persons sentenced to detention shall be employed on one of the activities organized by the prison administration.

While noting the Government’s explanations concerning the right of persons sentenced to detention to choose the type of their employment and to be employed outside the prison only with their consent, the Committee observes that, in terms of section 46, such persons are under obligation to perform labour. The Committee recalls in this connection that the Convention prohibits any form of forced labour, including compulsory prison labour, as a punishment for persons expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee also recalls that the protection of the Convention is not restricted to activities expressing or demonstrating divergent views in the framework of established principles. Consequently, if certain activities are intended to bring about fundamental changes to the state institutions, that does not constitute grounds for considering that they fall outside the protection of the Convention for as long as recourse is not had to violent methods for the purpose of reaching the desired result, as provided in section 301(2).

The Committee hopes that the above considerations will be taken into account in the course of possible future revision of the Penal Code. Pending the revision, it requests the Government to supply information on the application in practice of section 301(1) of the Penal Code, particularly in regard to sentences that have been handed down in application of this provision and to supply copies of the relevant court decisions.

Article 1(d). 4. The Committee previously noted that, under the terms of section 342 of the Penal Code, any coalition of more than 20 persons which attempts or begins action with the aim of suspending inter-urban or international transport, postal, telegraphic or telephone communications, or a public water or electricity distribution service, is punishable with imprisonment and a fine. Section 343, read in conjunction with section 342, provides for one year’s imprisonment for anyone who has led or maintained or attempted to lead or to maintain a concerted work stoppage by means of a gathering on public roads or places or by occupying workplaces.

The Committee has noted the Government’s indications in its reports that, in accordance with the Law on Arbitration, Mediation and Collective Agreements, strikes are authorized solely during the period between the failure of mediation and the commencement of arbitration and that, in addition, the duration of the strike may not exceed 15 days. The Government also indicated in its report received in September 1999 that disturbances caused by strikers during legal or illegal strikes will be sanctioned in accordance with the laws in force.

The Committee recalls that the provisions for compulsory arbitration enforced with sanctions comprising compulsory labour, including compulsory prison labour, must be limited in scope to essential services in the strict sense of the term (namely, those whose interruption would endanger the life, personal safety or health of the whole or part of the population).

The Committee again requests the Government to supply information on the application in practice of section 342 of the Penal Code, including copies of the relevant court decisions, and to indicate the measures taken or envisaged to ensure that sanctions involving an obligation to work cannot be imposed for participation in strikes.