Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the Government’s indication in its report that the Committee’s comments have been sent to the competent bodies, but no response has been received from these bodies so far. The Committee hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraph a, of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. In its earlier comments, the Committee referred to sections 196 and 198 of the Penal Code concerning political offences. It noted that under section 198, where the judge recognizes the political nature of an offence, he will apply detention instead of forced labour and simple imprisonment or forced residence instead of imprisonment with the obligation to work. It also noted that section 196 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. Noting the Government’s indication in its report that such information is not yet available, the Committee reiterates its hope that the information requested will be provided by the Government as soon as it becomes available.

2. In its earlier comments, the Committee noted 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. Noting the Government’s indication in its report that no such information is available, the Committee reiterates its hope that the Government will not fail to communicate the information requested, as soon as it is available.

3. In its earlier comments, the Committee referred to section 301(1) of the Penal Code, which provides that activities aimed at modifying by illegal means the Constitution of the State shall be punished by detention for a minimum period of five years. The Committee noted that under section 46 of the Penal Code, persons sentenced to detention shall be employed on one of the activities organized by the prison administration. It recalled 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 notes the Government’s statement in the report that section 301(1) does not apply to persons who express political views or views ideologically opposed to the established political, social or economic system, but to persons who perform acts contrary to the country’s security, by sowing discord among citizens and in the State.

The Committee points out, referring also to the explanations contained in paragraphs 152–166 of its General Survey of 2007 on the eradication of forced labour, that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence or incite to the use of violence, armed resistance or an uprising. But sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system. The Committee noted that the above provision of the Penal Code provides for penal sanctions involving compulsory labour in circumstances defined in terms which are wide enough to give rise to questions about its application in practice. It therefore requested the Government to communicate copies of the court decisions which could define or illustrate the scope of this provision.

The Committee reiterates its hope that, in the course of possible future revision of the Penal Code, the necessary measures will be taken in regard to this provision to ensure that no form of forced or compulsory labour is imposed in circumstances falling within the scope of Article 1(a) of the Convention. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of section 301(1) in practice, particularly in regard to sentences that have been handed down in application of this provision, and to supply copies of the relevant court decisions, as soon as such information becomes available. Noting also the Government’s indication that the system of compulsory labour in Lebanese prisons is not currently applied and prisoners undergo cultural and training sessions for their rehabilitation, the Committee requests the Government to clarify this situation, in connection with the application of section 46 of the Penal Code referred to above.