Abolition of Forced Labour Convention, 1957 (No. 105) - Albania (RATIFICATION: 1997)

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Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established system. In its previous comments, the Committee requested the Government to provide information on the application in practice of the following provisions of the Criminal Code which allow for the imposition of penalties of imprisonment in circumstances which might fall within the scope of Article 1(a) of the Convention:

• – section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);
• – section 267 (propagating false information or false news, in words or in writing).

The Committee takes note of the information provided by the Government in its report on the application of section 262 of the Criminal Code, which includes decision No. 1500 of 11 June 2019 of the Tirana Judicial District court. The Committee observes that, in this decision, the Court conducted an in-depth analysis of the scope of the right of assembly, as well as of the necessary elements that qualify an illegal gathering and could entail criminal responsibility under section 262 of the Criminal Code. The Committee also notes that the Constitutional Court of the Republic of Albania, in its decision No. 24 of 5 May 2021, repealed the requirement to obtain prior permission of the competent authority for organizing public assembly in section 262 of the Criminal Code. The Government further indicates that, for the period 2020-2021, three court cases were registered under section 262 of the Criminal Code.

With respect to the application of section 267 of the Criminal Code, the Committee notes the Government’s indication that no court cases were registered under this provision in 2021.

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Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political or ideological views opposed to the established system. In its previous comments, the Committee noted that penalties of imprisonment involve compulsory prison labour. It observed that, according to section 34 of Act No. 8328 on the rights and treatments of prisoners of 16 April 1998, prisoners who are not expressly excluded from the obligation to work (such as disabled persons, pregnant women), have to perform labour if asked to do so by the prison administration. The Committee requested the Government to provide information on the application in practice of the following provisions of the Criminal Code which allow for the imposition of penalties of imprisonment in circumstances which might fall within the scope of Article 1(a) of the Convention:

• -section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);
• -section 267 (propagating false information or false news, in words or in writing).

The Committee notes the Government’s information in its report that there is no information on any court decisions imposing penalties or sanctions under sections 262 and 267 of the Criminal Code. The Committee requests the Government to provide, in its next report, information on court decisions issued under sections 262 and 267 of the Penal Code, indicating in particular the facts that gave rise to the convictions and the sanctions applied.

Article 1(c). Work imposed as a means of labour discipline. The Committee previously requested the Government to supply copies of provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention. The Committee notes the Government’s information on sections 107–110 of the Maritime Code (Law No. 9251 of 2004) regarding employment relations, minimum age and employment of foreigners as vessel crew. The Committee also notes that section 385 of the Maritime Code provides for sanctions for non-compliance of crew discipline, according to which, if a crew member does not comply with ship rules and therefore endangers the traffic safety, damages the ship or endangers the safety of passengers or other crew members, he/she is subject to a fine of €300 to €2,500.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political or ideological views opposed to the established system. In its previous comments, the Committee noted that penalties of imprisonment involve compulsory prison labour. It observed that it follows from section 34 of Act No. 8328 on the rights and treatments of prisoners of 16 April 1998 that prisoners who are not expressly excluded from the obligation to work (such as disabled persons, pregnant women), have to perform labour if asked to do so by the prison administration. The Committee requested the Government to provide information on the application in practice of the following provisions of the Criminal Code which allow for the imposition of penalties of imprisonment in circumstances which might fall within the scope of Article 1(a) of the Convention:

• (a) section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);
• (b) section 265 (inciting national, racial or religious hatred, or preparing and propagating of writings with that content);
• (c) section 267 (propagating false information or false news, in words or in writing);
• (d) section 240 (defamation towards a public official acting in the execution of a state duty); and
• (e) section 241 (defamation towards the President of the Republic).

The Committee notes that, following the adoption of Law No. 23/2012 on certain additions and amendments to the Penal Code (March 2012), sections 240 and 241 were repealed and consequently only financial penalties may be imposed for defamation of public officials (section 120). The Committee also notes the statistics provided by the Government on the number of cases brought to courts and the penalties imposed under the abovementioned sections of the Penal Code for the period of 2010 to 2014. Recalling that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of peaceful assembly or peaceful expression of views or of opposition to the established political, social or economic system, the Committee requests the Government to continue to provide, in its next reports, information on court decisions issued under sections 262 and 267 of the Penal Code, indicating in particular the facts that gave rise to the convictions and the sanctions applied.

Article 1(c). Work imposed as a means of labour discipline. The Committee once again requests the Government to supply copies of provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention.

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Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political or ideological views opposed to the established system. In its previous comments, the Committee noted that penalties of imprisonment involve compulsory prison labour. It observed that it follows from section 34 of Act No. 8328 on the rights and treatments of prisoners of 16 April 1998 that prisoners who are not expressly excluded from the obligation to work (such as disabled persons, pregnant women), have to perform labour if asked to do so by the prison administration. The Committee requested the Government to provide information on the application in practice of the following provisions of the Criminal Code which allow for the imposition of penalties of imprisonment in circumstances which might fall within the scope of Article 1(a) of the Convention:

• (a) section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);
• (b) section 265 (inciting national, racial or religious hatred, or preparing and propagating of writings with that content);
• (c) section 267 (propagating false information or false news, in words or in writing);
• (d) section 240 (defamation towards a public official acting in the execution of a state duty); and
• (e) section 241 (defamation towards the President of the Republic).

The Committee notes with interest that, following the adoption of Law No. 23/2012 on certain additions and amendments to the Penal Code (March 2012), sections 240 and 241 were repealed and consequently only financial penalties may be imposed for defamation of public officials (section 120). The Committee also notes the statistics provided by the Government on the number of cases brought to courts and the penalties imposed under the abovementioned sections of the Penal Code for the period of 2010 to 2014. Recalling that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of peaceful assembly or peaceful expression of views or of opposition to the established political, social or economic system, the Committee requests the Government to continue to provide, in its next reports, information on court decisions issued under sections 262 and 267 of the Penal Code, indicating in particular the facts that gave rise to the convictions and the sanctions applied.

Article 1(c). Work imposed as a means of labour discipline. The Committee once again requests the Government to supply copies of provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(a) of the Convention. Political coercion and punishment for holding or expressing political views opposed to the established system. The Committee notes that penalties of imprisonment (which involve compulsory prison labour) may be imposed under the following provisions of the Criminal Code in circumstances which might fall within the scope of Article 1(a) of the Convention:

• (a) section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);
• (b) section 265 (inciting national, racial or religious hatred, or preparing and propagating of writings with that content);
• (c) section 267 (propagating false information or news for panic, in words or in writing);
• (d) section 240 (defamation toward a public official acting in the execution of a state duty); and
• (e) section 241 (defamation toward the President of the Republic).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

As regards the issue of unlawful assemblies, the Committee refers to the explanations contained in paragraph 162 of the same General Survey, where it observed that, since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings, if such meetings are subject to prior authorization granted at the discretion of the authorities and violations can be punished by sanctions involving compulsory labour, they come within the scope of the Convention.

The Committee therefore again requests the Government to provide, in its next report, information on the application of the above penal provisions in practice, including copies of the court decisions defining or illustrating their scope, as well as information on measures taken or envisaged to ensure the conformity with the Convention in this regard.

Supply of legislation. The Committee has noted Act No. 8580 on political parties of 17 February 2000 and Act No. 8773 on public assemblies of 23 April 2001, communicated by the Government with its report. The Committee again requests the Government to supply copies of provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention.

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The Committee notes with regret 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 matters raised in its previous direct request, which read as follows:

1. Supply of legislation. The Committee again requests the Government to supply, with its next report, copies of the legislation in force governing public assemblies, meetings and demonstrations, as well as a full updated text of the Law on political parties and copies of any provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention.

2. Compulsory prison labour. As regards the prisoners’ obligation to perform labour, the Committee notes the Government’s indication in its report that, under section 80 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000, convicts can be asked to work in accordance with their physical and psychological capacities. It also notes that section 34 of Act No. 8328 on the rights and treatment of prisoners of 16 April 1998 excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour for health reasons. It follows from the above provisions that prisoners who are not expressly excluded from the obligation to work, have to perform labour if asked to do so by the prison administration.

The Committee refers in this regard to the explanations provided in paragraph 144 of its General Survey of 2007 on the eradication of forced labour, where it indicated that the exclusion of prison labour from the scope of the Forced Labour Convention, 1930 (No. 29), does not automatically apply to the Abolition of Forced Labour Convention, 1957 (No. 105), which was designed to supplement the 1930 Convention. Though, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of Convention No. 105, on the other hand, if a person is in any way forced to work because he holds or has expressed particular political views, has committed a breach of labour discipline or has participated in a strike, the situation is covered by the Convention. The Committee has therefore considered that any sanctions involving compulsory labour, including prison sentences involving compulsory prison labour, are covered by Convention No. 105 in so far as they are imposed in the five cases specified by the Convention.

3. Article 1, subparagraph (a), of the Convention. Political coercion and punishment for holding or expressing political views opposed to the established system. The Committee notes that penalties of imprisonment (which involve compulsory prison labour) may be imposed under the following provisions of the Criminal Code in circumstances which might fall within the scope of Article 1(a) of the Convention:

(a)    section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);

(b)    section 265 (inciting national, racial or religious hatred, or preparing and propagating of writings with that content);

(c)    section 267 (propagating false information or news for panic, in words or in writing);

(d)    section 240 (defamation toward a public official acting in the execution of a state duty);

(e)    section 241 (defamation toward the President of the Republic).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

As regards the issue of unlawful assemblies, the Committee refers to the explanations contained in paragraph 162 of the same General Survey, where it observed that, since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings, if such meetings are subject to prior authorization granted at the discretion of the authorities and violations can be punished by sanctions involving compulsory labour, they come within the scope of the Convention.

The Committee therefore requests the Government to provide, in its next report, information on the application of the above penal provisions in practice, including copies of the court decisions defining or illustrating their scope, as well as information on measures taken or envisaged to ensure the conformity with the Convention in this regard.

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The Committee notes with regret 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:

1. Supply of legislation. The Committee again requests the Government to supply, with its next report, copies of the legislation in force governing public assemblies, meetings and demonstrations, as well as a full updated text of the Law on political parties and copies of any provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention.

2. Compulsory prison labour. As regards the prisoners’ obligation to perform labour, the Committee notes the Government’s indication in its report that, under section 80 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000, convicts can be asked to work in accordance with their physical and psychological capacities. It also notes that section 34 of Act No. 8328 on the rights and treatment of prisoners of 16 April 1998 excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour for health reasons. It follows from the above provisions that prisoners who are not expressly excluded from the obligation to work, have to perform labour if asked to do so by the prison administration.

The Committee refers in this regard to the explanations provided in paragraph 144 of its General Survey of 2007 on the eradication of forced labour, where it indicated that the exclusion of prison labour from the scope of the Forced Labour Convention, 1930 (No. 29), does not automatically apply to the Abolition of Forced Labour Convention, 1957 (No. 105), which was designed to supplement the 1930 Convention. Though, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of Convention No. 105, on the other hand, if a person is in any way forced to work because he holds or has expressed particular political views, has committed a breach of labour discipline or has participated in a strike, the situation is covered by the Convention. The Committee has therefore considered that any sanctions involving compulsory labour, including prison sentences involving compulsory prison labour, are covered by Convention No. 105 in so far as they are imposed in the five cases specified by the Convention.

3. Article 1(a) of the Convention. Political coercion and punishment for holding or expressing political views opposed to the established system. The Committee notes that penalties of imprisonment (which involve compulsory prison labour) may be imposed under the following provisions of the Criminal Code in circumstances which might fall within the scope of Article 1(a) of the Convention:

(a)    section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);

(b)    section 265 (inciting national, racial or religious hatred, or preparing and propagating of writings with that content);

(c)    section 267 (propagating false information or news for panic, in words or in writing);

(d)    section 240 (defamation toward a public official acting in the execution of a state duty);

(e)    section 241 (defamation toward the President of the Republic).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

As regards the issue of unlawful assemblies, the Committee refers to the explanations contained in paragraph 162 of the same General Survey, where it observed that, since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings, if such meetings are subject to prior authorization granted at the discretion of the authorities and violations can be punished by sanctions involving compulsory labour, they come within the scope of the Convention.

The Committee therefore requests the Government to provide, in its next report, information on the application of the above penal provisions in practice, including copies of the court decisions defining or illustrating their scope, as well as information on measures taken or envisaged to ensure the conformity with the Convention in this regard.

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The Committee notes with regret 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:

1. Supply of legislation. The Committee again requests the Government to supply, with its next report, copies of the legislation in force governing public assemblies, meetings and demonstrations, as well as a full updated text of the Law on Political Parties and copies of any provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention.

2. Compulsory prison labour. As regards the prisoners’ obligation to perform labour, the Committee notes the Government’s indication in its report that, under section 80 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000, convicts can be asked to work in accordance with their physical and psychological capacities. It also notes that section 34 of Act No. 8328 on the rights and treatment of prisoners of 16 April 1998 excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour for health reasons. It follows from the above provisions that prisoners who are not expressly excluded from the obligation to work, have to perform labour if asked to do so by the prison administration.

The Committee refers in this regard to the explanations provided in paragraph 144 of its General Survey of 2007 on the eradication of forced labour, where it indicated that the exclusion of prison labour from the scope of the Forced Labour Convention, 1930 (No. 29) does not automatically apply to the Abolition of Forced Labour Convention, 1957 (No. 105), which was designed to supplement the 1930 Convention. Though, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of Convention No. 105, on the other hand, if a person is in any way forced to work because he holds or has expressed particular political views, has committed a breach of labour discipline or has participated in a strike, the situation is covered by the Convention. The Committee has therefore considered that any sanctions involving compulsory labour, including prison sentences involving compulsory prison labour, are covered by Convention No. 105 in so far as they are imposed in the five cases specified by the Convention.

3. Article 1(a) of the Convention. Political coercion and punishment for holding or expressing political views opposed to the established system. The Committee notes that penalties of imprisonment (which involve compulsory prison labour) may be imposed under the following provisions of the Criminal Code in circumstances which might fall within the scope of Article 1(a) of the Convention:

(a)    section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);

(b)    section 265 (inciting national, racial or religious hatred, or preparing and propagating of writings with that content);

(c)    section 267 (propagating false information or news for panic, in words or in writing);

(d)    section 240 (defamation toward a public official acting in the execution of a state duty);

(e)    section 241 (defamation toward the President of the Republic).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

As regards the issue of unlawful assemblies, the Committee refers to the explanations contained in paragraph 162 of the same General Survey, where it observed that, since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings, if such meetings are subject to prior authorization granted at the discretion of the authorities and violations can be punished by sanctions involving compulsory labour, they come within the scope of the Convention.

The Committee therefore requests the Government to provide, in its next report, information on the application of the above penal provisions in practice, including copies of the court decisions defining or illustrating their scope, as well as information on measures taken or envisaged to ensure the conformity with the Convention in this regard.

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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:

1. Supply of legislation. The Committee again requests the Government to supply, with its next report, copies of the legislation in force governing public assemblies, meetings and demonstrations, as well as a full updated text of the Law on Political Parties and copies of any provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention.

2. Compulsory prison labour. As regards the prisoners’ obligation to perform labour, the Committee notes the Government’s indication in its report that, under section 80 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000, convicts can be asked to work in accordance with their physical and psychological capacities. It also notes that section 34 of Act No. 8328 on the rights and treatment of prisoners of 16 April 1998 excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour for health reasons. It follows from the above provisions that prisoners who are not expressly excluded from the obligation to work, have to perform labour if asked to do so by the prison administration.

The Committee refers in this regard to the explanations provided in paragraphs 102-109 of its General Survey of 1979 on the abolition of forced labour, where it indicated that the exclusion of prison labour from the scope of the Forced Labour Convention, 1930 (No. 29) does not automatically apply to the Abolition of Forced Labour Convention, 1957 (No. 105), which was designed to supplement the 1930 Convention. Though, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of Convention No. 105, on the other hand, if a person is in any way forced to work because he holds or has expressed particular political views, has committed a breach of labour discipline or has participated in a strike, the situation is covered by the Convention. The Committee has therefore considered that any sanctions involving compulsory labour, including prison sentences involving compulsory prison labour, are covered by Convention No. 105 in so far as they are imposed in the five cases specified by the Convention.

3. Article 1(a) of the Convention. Political coercion and punishment for holding or expressing political views opposed to the established system. The Committee notes that penalties of imprisonment (which involve compulsory prison labour) may be imposed under the following provisions of the Criminal Code in circumstances which might fall within the scope of Article 1(a) of the Convention:

(a)    section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);

(b)    section 265 (inciting national, racial or religious hatred, or preparing and propagating of writings with that content);

(c)    section 267 (propagating false information or news for panic, in words or in writing);

(d)    section 240 (defamation toward a public official acting in the execution of a state duty);

(e)    section 241 (defamation toward the President of the Republic).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraphs 133 to 140 of its General Survey of 1979 on the abolition of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

As regards the issue of unlawful assemblies, the Committee refers to the explanations contained in paragraphs 133-140 of the same General Survey, where it observed that, since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings, if such meetings are subject to prior authorization granted at the discretion of the authorities and violations can be punished by sanctions involving compulsory labour, they come within the scope of the Convention.

The Committee therefore requests the Government to provide, in its next report, information on the application of the above penal provisions in practice, including copies of the court decisions defining or illustrating their scope, as well as information on measures taken or envisaged to ensure the conformity with the Convention in this regard.

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The Committee has noted the information provided by the Government in reply to its previous direct request.

1. Supply of legislation. The Committee again requests the Government to supply, with its next report, copies of the legislation in force governing public assemblies, meetings and demonstrations, as well as a full updated text of the Law on Political Parties and copies of any provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention.

Compulsory prison labour. 2. As regards the prisoners’ obligation to perform labour, the Committee notes the Government’s indication in its report that, under section 80 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000, convicts can be asked to work in accordance with their physical and psychological capacities. It also notes that section 34 of Act No. 8328 on the rights and treatment of prisoners of 16 April 1998 excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour for health reasons. It follows from the above provisions that prisoners who are not expressly excluded from the obligation to work, have to perform labour if asked to do so by the prison administration.

3. The Committee refers in this regard to the explanations provided in paragraphs 102-109 of its General Survey of 1979 on the abolition of forced labour, where it indicated that the exclusion of prison labour from the scope of the Forced Labour Convention, 1930 (No. 29) does not automatically apply to the Abolition of Forced Labour Convention, 1957 (No. 105), which was designed to supplement the 1930 Convention. Though, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of Convention No. 105, on the other hand, if a person is in any way forced to work because he holds or has expressed particular political views, has committed a breach of labour discipline or has participated in a strike, the situation is covered by the Convention. The Committee has therefore considered that any sanctions involving compulsory labour, including prison sentences involving compulsory prison labour, are covered by Convention No. 105 in so far as they are imposed in the five cases specified by the Convention.

4. Article 1(a) of the Convention. Political coercion and punishment for holding or expressing political views opposed to the established system. 4. The Committee notes that penalties of imprisonment (which involve compulsory prison labour) may be imposed under the following provisions of the Criminal Code in circumstances which might fall within the scope of Article 1(a) of the Convention:

(a)  section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);

(b)  section 265 (inciting national, racial or religious hatred, or preparing and propagating of writings with that content);

(c)  section 267 (propagating false information or news for panic, in words or in writing);

(d)  section 240 (defamation toward a public official acting in the execution of a state duty);

(e)  section 241 (defamation toward the President of the Republic).

5. The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraphs 133 to 140 of its General Survey of 1979 on the abolition of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

6. As regards the issue of unlawful assemblies, the Committee refers to the explanations contained in paragraphs 133-140 of the same General Survey, where it observed that, since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings, if such meetings are subject to prior authorization granted at the discretion of the authorities and violations can be punished by sanctions involving compulsory labour, they come within the scope of the Convention.

7. The Committee therefore requests the Government to provide, in its next report, information on the application of the above penal provisions in practice, including copies of the court decisions defining or illustrating their scope, as well as information on measures taken or envisaged to ensure the conformity with the Convention in this regard.

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The Committee notes with regret that no report has been received from the Government. 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.

The Committee would be grateful if the Government would supply in its next report copies of the rules or regulations governing prison labour and of the legislation in force governing public assemblies, meetings and demonstrations, as well as a fully updated text of the law on political parties and copies of any provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention.

CMNT_TITLE

The Committee notes that no report has been received from the Government. 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.

The Committee noted the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, in its next report, copies of the rules or regulations governing prison labour and of the legislation in force governing public assemblies, meetings and demonstrations, as well as a full updated text of the law on political parties and copies of any provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention.

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The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, in its next report, copies of the rules or regulations governing prison labour and of the legislation in force governing public assemblies, meetings and demonstrations, as well as a full updated text of the law on political parties and copies of any provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention.