Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes 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 following matters raised in its previous direct request:

Article 1(a) of the Convention. Imposition of prison sentences involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 

1. The Committee wishes to recall in the first place that work exacted from persons as a consequence of a conviction in a court of law does not, in most cases, have any effect on the application of this Convention. However, if a person is compelled to work in any manner, including prison work, on the grounds that he or she has expressed political views or has opposed the established political, social or economic system, such cases are covered by the Convention. For example, sentences of imprisonment, when they involve the obligation to work, lie within the scope of the Convention where they are imposed to penalize violations of the prohibition to express political opinions or opposition to the established political, social or economic system.

The Committee notes that, under section 57 of Decree No. 371/77/CSM/MJ of 9 November 1977 issuing the regulations governing prisons in Chad, work is compulsory for all persons convicted under the general legal provisions. The Committee would be grateful if the Government would indicate whether persons convicted of a political offence are subject to the obligation to work in prison.

2. The Committee notes several legal texts which are now accessible on the Internet through various legal web sites. The Committee had not hitherto been able to examine these texts, which govern the exercise of public freedoms. It would be grateful if the Government would indicate whether the texts cited below, some of which are relatively old, are still in force. Furthermore, the Committee notes that these texts govern the exercise of several of the rights protected by the Convention and that the violation of certain of their provisions is punishable by sentences of imprisonment which, as indicated above, include an obligation to work. The Committee would be grateful if the Government would provide the relevant information on the effect given in practice to the provisions referred to below so as to specify their scope of application. Please indicate the frequency with which these provisions are invoked by the courts, the circumstances which constitute such offences and the nature of the penalties imposed and, where appropriate, please provide copies of relevant court decisions.

–      Ordinance No. 27 of 28 July 1962 issuing regulations governing associations: under section 6, the members of an undeclared association are liable to a sentence of imprisonment of between one month and one year; the same penalty may be imposed on the founders, directors or administrators of an association which has been dissolved (section 8); the penalties established in section 6 are doubled in the case of the unlawful re-establishment of an association that has been dissolved (section 9).

–      Ordinance No. 45 of 27 October 1962 on public meetings: section 6 establishes penalties of imprisonment for failure to notify the holding of meetings (two weeks); the holding of a meeting on a public thoroughfare (from one month to three months); the holding a meeting beyond the time normally determined for its closure (from two weeks to one month); the holding of a meeting without appointing the officers (from two weeks to two months); the organization of a prohibited meeting (from one to three months).

–      Ordinance No. 46 of 28 October 1962 on unlawful assembly: section 5(1) establishes a penalty of imprisonment of between two months and one year for any unarmed person who, as a participant in an unarmed unlawful assembly, does not leave following the first order to do so, and section 7(1) for any direct provocation of an unarmed unlawful assembly through speeches delivered publicly or in writing, or through the posting or distribution of printed tracts.

–      Decree No. 193/INT.-SUR of 6 November 1962 issuing regulations respecting demonstrations on the public thoroughfare: section 4 establishes various penalties of imprisonment for incomplete or imprecise notification of the conditions relating to the planned demonstration; the organization of the demonstration prior to the submission of the notification or following its prohibition; participation in the organization of a demonstration that has not been notified or is prohibited, or participation therein in full knowledge of the situation.

–      Act No. 029 of 12 August of 1994 on the provisions governing the press in Chad: the Committee notes with interest that this Act repeals Ordinance No. 35/INT/DG/60 of 8 January 1960 on the repression of subversive texts, on which the Committee had been commenting for very many years. It would nevertheless be grateful if the Government would provide information on the effect given in practice to sections 45 and 46 of the Act on provisions governing the press, which establish a sentence of imprisonment of from six months to two years for defamation of the courts, tribunals, armed forces, internal security forces, public authorities or administrations, or of any person by reason of his or her function or capacity.

–      Act No. 45/PR/94 of 14 December 1994 issuing the charter of political parties: under section 41, any person who founds, directs or administers a political party, in violation of the law, is liable to a sentence of imprisonment of between two and 18 months and any person who directs, administers or is a member of political party which is maintained during its suspension or which is re-established after it has been dissolved is liable to a penalty of between three months and three years.

3. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal Act No. 15 of 13 November 1959, which establishes a penalty of imprisonment of between five days and 13 months for certain acts of resistance, disobedience and misdemeanours (offensive, insulting or defamatory statements) towards members of the Government, deputies and the administrative and judicial authorities. The Government indicates in its last report that this text is no longer applied. The Committee hopes that the Government will take the necessary measures very rapidly to formally repeal Act No. 15 of 13 November 1959.