Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

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 also noted that section 1 of Decree No. B-10 of 29 June 1983 prohibits the import, carrying, sale, distribution, possession, storage, production and reproduction of prescribed 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 referred to paragraph 138 of its General Survey of 1979 on the abolition of forced labour, where it indicated that, in so far as the relevant 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 same possibility arises where the authorities enjoy wide powers to prohibit publications if, in their opinion, such measure is in the public interest.  

The Committee has noted the Government’s repeated indications 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. In its latest report, the Government indicates that this matter has once again been brought to the attention of the Ministry of Justice, which is the competent authority to amend and/or repeal the relevant legislation. However, the Government also indicates that, at this time, no definite changes can be reported.

The Committee expresses 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 able 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 on board are not endangered. The Committee noted the Government’s statement that a draft Decree prepared by the Minister of Justice 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 that the matter has been once again brought to the attention of the Ministry of Justice and Police, which has recently taken measures to review the Penal Code and amend it where necessary. However, according to the report, the situation has not changed yet. Recalling that this question has been the subject of the Committee’s comments for many years, the Committee expresses firm hope that the necessary measures will soon be taken to bring the legislation into conformity with the Convention and requests the Government to provide, in its next report, information on the progress achieved in this regard.