Abolition of Forced Labour Convention, 1957 (No. 105) - Burundi (RATIFICATION: 1963)

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Article 1(b) of the Convention. Compulsory civic service for the purposes of economic development. In its previous comments, the Committee noted that under sections 2 and 8 of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service, civic service consists of unpaid compulsory service for the State in areas of public interest or development, and that the refusal to perform it is liable to punishment in the form of imprisonment ranging from one month to one year. It noted that similar provisions are applicable to national defence, in particular Ministerial Ordinance No. 520/003 of 6 January 1997 concerning the organization of compulsory civic service in relation to national defence, and Legislative Decree No. 1/013 of 31 October 1997 issuing regulations governing persons engaged in compulsory civic service in the field of national defence. The Government indicated that, although Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service was still in force, civic service was not compulsory and has been discontinued since 2002. It also indicated that recruitment to the defence forces is voluntary. Recalling that Article 1(b) of the Convention prohibits the use of compulsory labour as a method of mobilizing and using labour for the purposes of economic development, the Committee encouraged the Government to repeal Legislative Decree No. 1/005 of 1 December 1996 so as to ensure conformity with the Convention.

The Committee notes the absence of information on this subject in the Government’s report. The Committee once again requests the Government to take the necessary steps to align legislation with the practice indicated, either by repealing the abovementioned texts or by deleting the provisions that stipulate the compulsory nature of these civic services and the applicable penalties for refusal. It requests the Government to provide information on progress made in this regard.

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The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2021.

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously expressed its concern at the continued existence of the provisions of the laws (the Penal Code and the Press Act) which can be used to restrict the exercise of the freedom to express political or ideological views (orally, through the press or via other communication media) and which result in the imposition of penalties involving compulsory prison labour, inasmuch as section 25 of Act No. 1/026 of 22 September 2003 issuing the prison regulations provides that work remains compulsory for all prisoners. The Committee referred to sections 600 (distribution, circulation or display of documents that are damaging to the national interest, for propaganda purposes) and 601 of the Penal Code (receipt of advantages from abroad intended to conduct an activity or propaganda such as to undermine the loyalty of citizens towards the State). The Committee urged the Government to ensure that no penalty involving compulsory labour may be imposed for the peaceful expression of political views or views ideologically opposed to the established system.

The Committee notes the Government’s indication in its report that the Penal Code was revised following the adoption of Act No. 1/27 of 29 December 2017, revising the Penal Code. The Government indicates that freedom of expression is guaranteed by the Constitution and also refers to provisions guaranteeing respect for the right to a fair trial which protect journalists and human rights defenders. The Committee notes that, in its observations, COSYBU states that the organization of public demonstrations and opposition movements is viewed negatively by the public authorities and that some labour movements exerting pressure with regard to legitimate demands have been stopped by the police and certain union leaders punished.

The Committee notes that section 25 of Act No. 1/24 of 14 December 2017 on the revision of the prison system reproduces the same provisions as in section 25 of Act No. 1/026 of 22 September 2003 on the prison system. Work therefore remains compulsory for all prisoners with a prison sentence. It further notes that the revised Penal Code of 2017 provides for imprisonment (consequently involving prison labour) for certain activities that may fall within the scope of Article 1(a) of the Convention, namely activities through which persons express ideas or views opposed to the established political, economic or social system:

• – injurious allegations, likely to be prejudicial to the honour or reputation of a person or expose him or her to public scorn (section 264);
• – insults (sections 265 and 268);
• – acts against the decency of the head of State or an agent exercising public authority (sections 394 and 396);
• – withdrawal, destruction, damage, replacement or insult of the flag or official insignia (section 398);
• – distribution, circulation or public display of pamphlets, bulletins or flyers from abroad or inspired by foreign sources intended to harm the national interest, for propaganda purposes, as well as the possession of such documents with a view to such acts (section 623);
• – the receipt, by a foreign person or organization, of donations, presents, loans or other advantages, intended or used to conduct or remunerate in Burundi an activity or propaganda such as to undermine the loyalty that the citizens owe to the State and institutions of Burundi (section 624);
• – the contribution to the publication, dissemination or reproduction of fake news with a view to causing a breach of the peace, as well as the exhibition in public places or places open to the public of any objects or images likely to breach the peace (section 625).

Furthermore, the Committee notes that Act No. 1/19 of 14 September 2018, amending Act No. 1/15 of 9 May 2015, governing the press in Burundi, provides that failure to comply with its provisions is subject to criminal penalties. The Committee notes in this regard that, under section 52 of the Act, journalists must only publish information considered “balanced”. Section 62 provides that the press shall treat information in a “balanced” manner and shall refrain from broadcasting or publishing content that is harmful to good moral standards and public order.

The Committee notes that, in its report of 13 August 2020, the United Nations Commission of Inquiry on Burundi indicates that political opponents were victims of serious human rights violations, in the context of the 2020 electoral process, which included arbitrary detentions, convictions with sentences of several years in prison and murders in reprisal for their political activities (A/HRC/45/32, paras 31, 32, 34, 35 and 58). The press is also monitored, and journalists and human rights defenders have been sentenced to imprisonment because of their work (paras 41 to 43). At its oral presentation on 11 March 2021 to the 46th session of the Human Rights Council, the Commission of Inquiry on Burundi noted that several human rights defenders, political opponents and journalists were sentenced to imprisonment for endangering the internal security of the State, rebellion and false accusations owing to their activities and criticism.

The Committee notes with regret that the 2017 Penal Code still contains provisions permitting punishment by imprisonment involving compulsory prison labour for activities associated with the expression of political views or views opposed to the established system. It also notes with deep concern the information relating to the judicial punishment of journalists and political opponents. The Committee once again recalls that under Article 1(a) of the Convention, persons, without recourse to violence, holding or expressing political views or views ideologically opposed to the established political, social or economic system must not be subject to punishments that would require them to work, including compulsory prison labour. The Committee therefore urges the Government to take the necessary measures to ensure that, in law and practice, no person expressing political views or views ideologically opposed to the established political, social or economic system, including journalists, human rights defenders and political opponents, may not be liable or sentenced to imprisonment, which, under national legislation, involves compulsory labour. The Committee requests the Government to indicate the measures taken to revise the above legislation to this end. It meanwhile requests the Government to provide information on the application in practice of the above sections of the Penal Code, particularly the number of prosecutions brought and penalties imposed, as well as any court decisions recognizing criminal responsibility and criminally sanctioning non-compliance with the provisions of Act No. 1/19 governing the press in Burundi.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 30 August 2018.

Article 1(b) of the Convention. Compulsory civic service for the purposes of economic development. In its previous comments, the Committee noted the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Under section 2 of the Legislative Decree, civic service consists of unpaid compulsory service for the State in areas of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. The Committee also noted that any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment with compulsory labour ranging from one month to one year (section 8). The Committee further noted that similar provisions are applicable to national defence, in particular Ministerial Ordinance No. 520/003 of 6 January 1997 concerning the organization of compulsory civic service in relation to national defence, and Legislative Decree No. 1/013 of 31 October 1997 issuing regulations governing persons engaged in compulsory civic service in the field of national defence. The Committee referred to the Government’s indication in its 2006 report that compulsory civic service has been discontinued since 2002. In this connection, it asked the Government to provide copies of the respective legislative texts. Lastly, the Committee noted the observations made by COSYBU in 2015, in which the union emphasized that the streets are closed every Saturday to make people perform community work. In this regard, the Government indicated that recruitment to the defence forces is voluntary. Consequently, there is no longer any compulsory conscription. However, the Committee recalled that civic service consisting of compulsory service in areas of public interest or development goes beyond the obligation of service in the defence forces. It asked the Government to indicate clearly whether the abovementioned provisions of the national legislation concerning compulsory civic service have been formally repealed.

The Committee notes the observations of COSYBU indicating that there has been some improvement regarding the organization of community work. COSYBU indicates that there is no longer any recourse to street closures with regard to those who have not performed community work.

The Committee notes the Government’s indication that Legislative Decree No. 1/005 has not been repealed and is still in force. However, the Government indicates that the application of this Decree has been temporarily suspended since 2002. The Committee recalls that Article 1(b) of the Convention prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development. The Committee strongly encourages the Government to take the necessary steps to formally repeal Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service so as to bring the national legislation into conformity with the Convention.

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The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 30 August 2018.

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted the observations of COSYBU, which referred to judicial proceedings instigated against journalists in private radio stations, restrictions on free and independent demonstrations and the arrest of a human rights activist. The Committee also noted the possibility referred to by the Government of amending Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prisons, section 40 of which establishes the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope. The Committee also noted the Government’s indication that this Order was repealed and replaced by Act No. 1/026 of 22 September 2003 issuing the prison regulations. However, the Committee noted that, under section 25 of Act No. 1/026, work remains compulsory for all prisoners. The Committee asked the Government to take the necessary steps to bring the legislation into conformity with the Convention.

The Committee takes note of the Government’s indication that it duly notes all these relevant comments and undertakes to harmonize its national legislation with the Convention.

The Committee notes that Decree-Law No. 1/6 of 8 April 1981 reforming the Penal Code was repealed by Act No. 1/05 of 22 April 2009 amending the Penal Code. The Committee notes that sentences of imprisonment involving compulsory labour may be imposed in circumstances which fall into the scope of the Convention:

• -section 600: any person who, for propaganda purposes, publicly distributes, circulates or displays pamphlets, bulletins or flags of foreign origin or inspiration that are damaging to the national interest, shall be liable to penal servitude of two months to three years and/or a fine of 50,000 to 100,000 Burundi francs (BIF); and any person who, for propaganda purposes, has in his/her possession such bulletins or flags with a view to distribution, circulation or display shall be liable to the same penalties;
• -section 601: any person who receives directly or indirectly, in any form or on any basis from a foreign person or organization, gifts, presents, loans or other advantages, intended or used wholly or partially to conduct or remunerate an activity or propaganda in Burundi such as to undermine the due loyalty of citizens towards the State and institutions in Burundi, shall be liable to penal servitude of one to five years and/or a fine of BIF50,000 to BIF200,000.

Moreover, the Committee observes that, in the report of 13 November 2017 (compilation on Burundi) of the Office of the United Nations High Commissioner for Human Rights (OHCHR), the Special Rapporteur on human rights defenders noted many cases in which human rights defenders and journalists had been killed, assaulted, arbitrarily arrested, detained or defamed in the media. The Committee also observes that, when the OHCHR visited the 11 prisons and police holding cells in Burundi, it observed overcrowding as a result of the waves of arrests of protesters opposed to a new term for the President, members of the opposition and civil society. The Special Rapporteur also observed that the Press Act of 4 June 2013 curtails freedom of expression since it provides for a broad exception to the right of journalists not to reveal their sources in cases involving national security, public order, defence secrets and the physical or mental integrity of one or more persons. According to the Special Rapporteur, freedom of expression remained restricted, and activities of media critical of the Government had been suspended, while independent journalists had been subjected to arbitrary arrest and enforced disappearance (A/HRC/WG.6/29/BDI/2, paragraphs 20, 22, 32, 35 and 36).

While taking note of the above information, the Committee notes with concern the continued existence of the provisions of the laws (the Penal Code and the Press Act) which can be used to restrict the exercise of the freedom to express political or ideological views (orally, through the press or via other communication media) and which result in the imposition of penalties involving compulsory prison labour. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system without recourse to violence. The Committee emphasizes that the range of activities which must be protected, under this provision, from punishment involving compulsory labour includes the freedom to express political or ideological views (which may be exercised orally, through the press or via other communication media) (see 2012 General Survey on the fundamental Conventions, paragraph 302). The Committee therefore urges the Government to take the necessary steps, in law and in practice, to ensure that no penalty involving compulsory labour may be imposed for the peaceful expression of political views or views ideologically opposed to the established political, social or economic system, for example by clearly restricting the scope of application of these provisions to situations involving the use of violence or incitement to violence, or by abolishing the penalties that entail compulsory labour. The Committee requests the Government to provide information on all progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 1(b) of the Convention. Compulsory civic service for the purposes of economic development. It its previous comments, the Committee noted the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Under the terms of section 2 of the Legislative Decree, civic service consists of unremunerated compulsory service for the State in areas of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. The Committee also noted that any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment ranging from one month to one year (section 8). The Committee further noted that similar provisions are applicable in relation to national defence, including Ministerial Ordinance No. 520/003 of 6 January 1997 on the organization of compulsory civic service in relation to national defence, and Legislative Decree No. 1/013 of 31 October 1997 issuing regulations governing persons engaged in compulsory civic service in the field of national defence. The Committee recalled that Article 1(b) of the Convention prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development. The Committee also referred to the Government’s indication in its 2006 report that compulsory civic service had been discontinued since 2002. In this connection, it requested the Government to provide copies of the respective texts.

The Committee notes the observations made by the Trade Union Confederation of Burundi (COSYBU) in 2015, in which it emphasizes that every Saturday all the streets are closed to make people perform community work. The Committee also notes the Government’s indication that, in terms of recruitment to the defence forces, recruitment is voluntary and ethnic and gender quotas are respected. Consequently, there is no longer any compulsory conscription. The Committee recalls that civic service consists of compulsory service in areas of public interest or development, and goes beyond the obligation of service in the defence forces. The Committee once again requests the Government to indicate the provisions which brought an end to compulsory civic service and whether the provisions of the national legislation referred to above have been formally repealed. Where appropriate, please provide copies of the relevant texts.

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Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted the observations of the Trade Union Confederation of Burundi (COSYBU), which referred to judicial proceedings instigated against journalists in private radio stations, restrictions on free and independent demonstrations and the arrest of a human rights activist. The Committee also noted the possibility referred to by the Government of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prisons, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the Government’s indication that Order No. 100/325 of 15 November 1963 organizing prisons has been repealed and replaced by Act No. 1/026 of 22 September 2003 issuing the rules governing prisons. According to the Government, compulsory and forced prison labour has been abolished in all prisons and detention centres. The Committee however notes with regret that, under the terms of section 25 of Act No. 1/026 of 22 September 2003 issuing rules governing prisons, work is compulsory for prisoners. The Committee therefore refers once again to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which establishes penalties for certain offences against the security of the State, under the terms of which persons may be convicted to sentences of penal servitude involving, under section 40 of Ministerial Order No. 100/325, the obligation to work. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of labour, including compulsory prison labour, as a punishment for persons who, without having recourse to violence, have expressed political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision from punishment involving compulsory labour includes the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media) (see General Survey of 2012 on the fundamental Conventions, paragraph 302). The Committee therefore urges the Government to take the necessary measures to bring the legislation into conformity with the Convention and to amend Act No. 1/026 of 22 September 2003 issuing rules governing prisons so as to guarantee, in law and practice, that no penalty involving compulsory labour is imposed as a punishment for the expression of political views or ideological opposition. The Committee requests the Government to provide information on any progress achieved in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee takes note of the observations submitted by the Trade Union Confederation of Burundi (COSYBU), received on 26 September 2014. It states that COSYBU refers to judicial proceedings instigated against journalists in private radio stations, restrictions on free and independent demonstrations and the arrest of a human rights activist. The Committee recalls that the Convention protects persons expressing political views or peacefully opposing the established political, social or economic system from being subjected to compulsory labour, including compulsory prison work. The Committee requests the Government to provide its comments on these allegations. Noting with regret that the Government’s report has not been received, the Committee 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 points.

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted the possibility referred to by the Government of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the information supplied by the Government concerning the recommendations of the independent commission responsible for studying matters relating to prisoners. In addition, it notes the information to the effect that political prisoners have been freed. However, the Committee notes that the Government has not supplied any information concerning the measures taken to revise Ministerial Order No. 100/325. In comments made a number of years ago (see in particular the observation and direct request made in 1992), the Committee referred to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which lay down penalties for certain offences against the security of the State and under the terms of which persons may be condemned to terms of imprisonment including, under section 40 of Ministerial Order No. 100/325, the obligation to work. Despite the release of political prisoners announced by the Government, the Committee emphasizes the need to amend Ministerial Order No. 100/325 in order to guarantee, in practice as well as in law, that no political prisoner may be condemned to a term of imprisonment including the obligation to work. The Committee trusts that the Government will finally be able to provide information in its next report on the steps taken to guarantee that persons protected by the abovementioned provisions of the Convention cannot be compelled to undertake compulsory prison labour.

The Committee notes also that the Government refers to various items of legislation – Ministerial Ordinance No. 560/126 of 22 June 1981, Decision No. 556/71 of 30 March 1989 establishing the internal regulations of prisons and Decision No. 517 of 8 June 1999 – which have not been forwarded to the Office. The Committee would be grateful if the Government would send a copy of these texts with its next report.

Article 1(b). Compulsory civic service. The Committee notes the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Section 2 of this Legislative Decree states that civic service consists of unremunerated compulsory service for the State in the spheres of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. The age, material conditions and system of discipline relating to persons accomplishing civic service are defined by a regulatory text in accordance with the sphere concerned (section 4). Persons required to perform civic service receive civic and technical training (section 5). According to available resources, the competent authority organizes training sessions and determines the categories of persons required to attend them (section 6). For each training session, the competent authority determines the length of compulsory civic service for persons to whom this training applies. It also coordinates the full range of civic service activities (section 7). Any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment ranging from one month to one year (section 8). The Committee also notes the provisions of Ministerial Ordinance No. 520/003 of 6 January 1997 establishing the organization of compulsory civic service in relation to national defence and also those of Legislative Decree No. 1/013 of 31 October 1997 issuing regulations for persons performing compulsory civic service in the sphere of national defence. The Committee recalls that Article 1(b) of the Convention prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development. Noting that the Government stated in its report that civic service has been discontinued since 2002, the Committee requests it to indicate the legislative provisions under which compulsory civic service was discontinued, and whether the abovementioned provisions of the national legislation have been formally repealed. If so, please send a copy of the relevant texts.

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The Committee takes note of the observations submitted by the Trade Union Confederation of Burundi (COSYBU), received on 26 September 2014. It states that COSYBU refers to judicial proceedings instigated against journalists in private radio stations, restrictions on free and independent demonstrations and the arrest of a human rights activist. The Committee recalls that the Convention protects persons expressing political views or peacefully opposing the established political, social or economic system from being subjected to compulsory labour, including compulsory prison work. The Committee requests the Government to provide its comments on these allegations. Noting with regret that the Government’s report has not been received, the Committee 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 points.

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted the possibility referred to by the Government of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the information supplied by the Government concerning the recommendations of the independent commission responsible for studying matters relating to prisoners. In addition, it notes the information to the effect that political prisoners have been freed. However, the Committee notes that the Government has not supplied any information concerning the measures taken to revise Ministerial Order No. 100/325. In comments made a number of years ago (see in particular the observation and direct request made in 1992), the Committee referred to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which lay down penalties for certain offences against the security of the State and under the terms of which persons may be condemned to terms of imprisonment including, under section 40 of Ministerial Order No. 100/325, the obligation to work. Despite the release of political prisoners announced by the Government, the Committee emphasizes the need to amend Ministerial Order No. 100/325 in order to guarantee, in practice as well as in law, that no political prisoner may be condemned to a term of imprisonment including the obligation to work. The Committee trusts that the Government will finally be able to provide information in its next report on the steps taken to guarantee that persons protected by the abovementioned provisions of the Convention cannot be compelled to undertake compulsory prison labour.

Moreover, the Committee notes that under the terms of article 159 of the Constitution of 18 March 2005, the prison system is governed by law. Similarly, section 166 of Act No. 1/015 of 20 July 1999 amending the Code of Penal Procedure states that the prison system is determined by law. The Committee requests the Government to indicate whether a new Act has been adopted concerning the prison system or if the adoption of such an Act is planned. If so, it requests the Government to send a copy of the Act to the Office.

The Committee notes also that the Government refers to various items of legislation – Ministerial Ordinance No. 560/126 of 22 June 1981, Decision No. 556/71 of 30 March 1989 establishing the internal regulations of prisons and Decision No. 517 of 8 June 1999 – which have not been forwarded to the Office. The Committee would be grateful if the Government would send a copy of these texts with its next report.

Article 1(b). Compulsory civic service. The Committee notes the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Section 2 of this Legislative Decree states that civic service consists of unremunerated compulsory service for the State in the spheres of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. The age, material conditions and system of discipline relating to persons accomplishing civic service are defined by a regulatory text in accordance with the sphere concerned (section 4). Persons required to perform civic service receive civic and technical training (section 5). According to available resources, the competent authority organizes training sessions and determines the categories of persons required to attend them (section 6). For each training session, the competent authority determines the length of compulsory civic service for persons to whom this training applies. It also coordinates the full range of civic service activities (section 7). Any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment ranging from one month to one year (section 8). The Committee also notes the provisions of Ministerial Ordinance No. 520/003 of 6 January 1997 establishing the organization of compulsory civic service in relation to national defence and also those of Legislative Decree No. 1/013 of 31 October 1997 issuing regulations for persons performing compulsory civic service in the sphere of national defence. The Committee recalls that Article 1(b) of the Convention prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development. Noting that the Government stated in its report that civic service has been discontinued since 2002, the Committee requests it to indicate the legislative provisions under which compulsory civic service was discontinued, and whether the abovementioned provisions of the national legislation have been formally repealed. If so, please send a copy of the relevant texts.

Request for legislation. The Committee would be grateful if the Government would supply a copy of the text governing political parties and the press.

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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:

Repetition

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has noted the possibility referred to by the Government in its successive reports of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the information supplied by the Government concerning the recommendations of the independent commission responsible for studying matters relating to prisoners. In addition, it notes the information to the effect that political prisoners have been freed. However, the Committee notes that the Government has not supplied any information concerning the measures taken to revise Ministerial Order No. 100/325. In comments made several years ago, (see in particular the observation and direct request made in 1992), the Committee referred to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which lay down penalties for certain offences against the security of the State and under the terms of which persons may be condemned to terms of imprisonment including, under section 40 of Ministerial Order No. 100/325, the obligation to work. Despite the release of political prisoners announced by the Government, the Committee emphasizes the need to amend Ministerial Order No. 100/325 in order to guarantee, in practice as well as in law, that no political prisoner may be condemned to a term of imprisonment including the obligation to work. The Committee trusts that the Government will finally be able to provide information in its next report on the steps taken to guarantee that persons protected by the abovementioned provisions of the Convention cannot be compelled to undertake compulsory prison labour.

Moreover, the Committee notes that, under the terms of article 159 of the Constitution of 18 March 2005, the prison system is governed by law. Similarly, section 166 of Act No. 1/015 of 20 July 1999 amending the Code of Penal Procedure states that the prison system is determined by law. The Committee requests the Government to indicate whether a new Act has been adopted concerning the prison system or if the adoption of such an Act is planned. If so, it requests the Government to send a copy of the Act to the Office.

The Committee also notes that the Government, in its last report, refers to various items of legislation – Ministerial Ordinance No. 560/126 of 22 June 1981, Decision No. 556/71 of 30 March 1989 establishing the internal regulations of prisons and Decision No. 517 of 8 June 1999 – which have not been forwarded to the Office. The Committee would be grateful if the Government would send a copy of these texts with its next report.

Article 1(b). Compulsory civic service. The Committee notes the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Section 2 of this Legislative Decree states that civic service consists of unremunerated compulsory service for the State in the spheres of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. Any person who has put forward grounds which are deemed admissible by the competent authority may be exempted from the performance of civic service (section 3). The age, material conditions and system of discipline relating to persons accomplishing civic service are defined by a regulatory text in accordance with the sphere concerned (section 4). Persons required to perform civic service receive civic and technical training (section 5). According to available resources, the competent authority organizes training sessions and determines the categories of person required to attend them (section 6). The President of the Republic designates the competent authority for each training session. The competent authority determines the length of compulsory civic service for persons to whom this training applies. It also coordinates the full range of civic service activities (section 7). Any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment ranging from one month to one year (section 8).The Committee also notes the provisions of Ministerial Ordinance No. 520/003 of 6 January 1997 establishing the organization of compulsory civic service in relation to national defence and also those of Legislative Decree No. 1/013 of 31 October 1997 issuing regulations for persons performing compulsory civic service in the sphere of national defence. In addition, it notes the letter from the Minister for National Defence to the Minister for National Education, dated 27 August 2002, containing the information that the 2002–03 edition of compulsory civic service in the area of national defence would not take place. Finally, the Committee notes the information supplied by the Government to the effect that civic service has been discontinued since 2002. Recalling that the abovementioned provisions of the Convention prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development, the Committee requests the Government to indicate the legislative provisions under which compulsory civic service has been discontinued. It requests it to indicate whether the abovementioned provisions of the national legislation have been formally repealed and, if so, to send a copy of the relevant texts.

Article 1(d). Penalties for participation in strikes. In its previous direct request, the Committee noted that, in the context of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation (ITUC)) indicated that a number of trade union leaders had been imprisoned for initiating strikes. The Committee notes that, in its latest comments on Convention No. 87, the ITUC once again refers to the arrest of trade union leaders following strikes. Since the Government has not provided any information in reply to its last direct request on this point, the Committee requests it once again to indicate the legislative provisions on the basis of which these persons have been imprisoned and, if applicable, to send copies of the corresponding court decisions.

Request for legislation. The Committee notes that Act No. 1/015 of 20 April 2005 issuing the Electoral Code, forwarded by the Government as an attachment to its report on the application of the Forced Labour Convention, 1930 (No. 29), refers in its citation section to Act No. 1/006 of 26 June 2003 establishing the structure and functioning of political parties and Legislative Decree No. 1/006 of 21 March 1997 governing the press in Burundi. The Committee would be grateful if the Government would supply a copy of these texts with its next report.

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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:

Repetition

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has noted the possibility referred to by the Government in its successive reports of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the information supplied by the Government concerning the recommendations of the independent commission responsible for studying matters relating to prisoners. In addition, it notes the information to the effect that political prisoners have been freed. However, the Committee notes that the Government has not supplied any information concerning the measures taken to revise Ministerial Order No. 100/325. In comments made several years ago, (see in particular the observation and direct request made in 1992), the Committee referred to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which lay down penalties for certain offences against the security of the State and under the terms of which persons may be condemned to terms of imprisonment including, under section 40 of Ministerial Order No. 100/325, the obligation to work. Despite the release of political prisoners announced by the Government, the Committee emphasizes the need to amend Ministerial Order No. 100/325 in order to guarantee, in practice as well as in law, that no political prisoner may be condemned to a term of imprisonment including the obligation to work. The Committee trusts that the Government will finally be able to provide information in its next report on the steps taken to guarantee that persons protected by the abovementioned provisions of the Convention cannot be compelled to undertake compulsory prison labour.

Moreover, the Committee notes that, under the terms of article 159 of the Constitution of 18 March 2005, the prison system is governed by law. Similarly, section 166 of Act No. 1/015 of 20 July 1999 amending the Code of Penal Procedure states that the prison system is determined by law. The Committee requests the Government to indicate whether a new Act has been adopted concerning the prison system or if the adoption of such an Act is planned. If so, it requests the Government to send a copy of the Act to the Office.

The Committee also notes that the Government, in its last report, refers to various items of legislation – Ministerial Ordinance No. 560/126 of 22 June 1981, Decision No. 556/71 of 30 March 1989 establishing the internal regulations of prisons and Decision No. 517 of 8 June 1999 – which have not been forwarded to the Office. The Committee would be grateful if the Government would send a copy of these texts with its next report.

Article 1(b). Compulsory civic service. The Committee notes the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Section 2 of this Legislative Decree states that civic service consists of unremunerated compulsory service for the State in the spheres of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. Any person who has put forward grounds which are deemed admissible by the competent authority may be exempted from the performance of civic service (section 3). The age, material conditions and system of discipline relating to persons accomplishing civic service are defined by a regulatory text in accordance with the sphere concerned (section 4). Persons required to perform civic service receive civic and technical training (section 5). According to available resources, the competent authority organizes training sessions and determines the categories of person required to attend them (section 6). The President of the Republic designates the competent authority for each training session. The competent authority determines the length of compulsory civic service for persons to whom this training applies. It also coordinates the full range of civic service activities (section 7). Any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment ranging from one month to one year (section 8).The Committee also notes the provisions of Ministerial Ordinance No. 520/003 of 6 January 1997 establishing the organization of compulsory civic service in relation to national defence and also those of Legislative Decree No. 1/013 of 31 October 1997 issuing regulations for persons performing compulsory civic service in the sphere of national defence. In addition, it notes the letter from the Minister for National Defence to the Minister for National Education, dated 27 August 2002, containing the information that the 2002–03 edition of compulsory civic service in the area of national defence would not take place. Finally, the Committee notes the information supplied by the Government to the effect that civic service has been discontinued since 2002. Recalling that the abovementioned provisions of the Convention prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development, the Committee requests the Government to indicate the legislative provisions under which compulsory civic service has been discontinued. It requests it to indicate whether the abovementioned provisions of the national legislation have been formally repealed and, if so, to send a copy of the relevant texts.

Article 1(d). Penalties for participation in strikes. In its previous direct request, the Committee noted that, in the context of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation (ITUC)) indicated that a number of trade union leaders had been imprisoned for initiating strikes. The Committee notes that, in its latest comments on Convention No. 87, the ITUC once again refers to the arrest of trade union leaders following strikes. Since the Government has not provided any information in reply to its last direct request on this point, the Committee requests it once again to indicate the legislative provisions on the basis of which these persons have been imprisoned and, if applicable, to send copies of the corresponding court decisions.

Request for legislation. The Committee notes that Act No. 1/015 of 20 April 2005 issuing the Electoral Code, forwarded by the Government as an attachment to its report on the application of Convention No. 29, refers in its citation section to Act No. 1/006 of 26 June 2003 establishing the structure and functioning of political parties and Legislative Decree No. 1/006 of 21 March 1997 governing the press in Burundi. The Committee would be grateful if the Government would supply a copy of these texts with its next report.

CMNT_TITLE

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:

Repetition

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has noted the possibility referred to by the Government in its successive reports of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the information supplied by the Government concerning the recommendations of the independent commission responsible for studying matters relating to prisoners. In addition, it notes the information to the effect that political prisoners have been freed. However, the Committee notes that the Government has not supplied any information concerning the measures taken to revise Ministerial Order No. 100/325. In comments made several years ago, (see in particular the observation and direct request made in 1992), the Committee referred to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which lay down penalties for certain offences against the security of the State and under the terms of which persons may be condemned to terms of imprisonment including, under section 40 of Ministerial Order No. 100/325, the obligation to work. Despite the release of political prisoners announced by the Government, the Committee emphasizes the need to amend Ministerial Order No. 100/325 in order to guarantee, in practice as well as in law, that no political prisoner may be condemned to a term of imprisonment including the obligation to work. The Committee trusts that the Government will finally be able to provide information in its next report on the steps taken to guarantee that persons protected by the abovementioned provisions of the Convention cannot be compelled to undertake compulsory prison labour.

Moreover, the Committee notes that, under the terms of article 159 of the Constitution of 18 March 2005, the prison system is governed by law. Similarly, section 166 of Act No. 1/015 of 20 July 1999 amending the Code of Penal Procedure states that the prison system is determined by law. The Committee requests the Government to indicate whether a new Act has been adopted concerning the prison system or if the adoption of such an Act is planned. If so, it requests the Government to send a copy of the Act to the Office.

The Committee also notes that the Government, in its last report, refers to various items of legislation – Ministerial Ordinance No. 560/126 of 22 June 1981, Decision No. 556/71 of 30 March 1989 establishing the internal regulations of prisons and Decision No. 517 of 8 June 1999 – which have not been forwarded to the Office. The Committee would be grateful if the Government would send a copy of these texts with its next report.

Article 1(b). Compulsory civic service. The Committee notes the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Section 2 of this Legislative Decree states that civic service consists of unremunerated compulsory service for the State in the spheres of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. Any person who has put forward grounds which are deemed admissible by the competent authority may be exempted from the performance of civic service (section 3). The age, material conditions and system of discipline relating to persons accomplishing civic service are defined by a regulatory text in accordance with the sphere concerned (section 4). Persons required to perform civic service receive civic and technical training (section 5). According to available resources, the competent authority organizes training sessions and determines the categories of person required to attend them (section 6). The President of the Republic designates the competent authority for each training session. The competent authority determines the length of compulsory civic service for persons to whom this training applies. It also coordinates the full range of civic service activities (section 7). Any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment ranging from one month to one year (section 8).The Committee also notes the provisions of Ministerial Ordinance No. 520/003 of 6 January 1997 establishing the organization of compulsory civic service in relation to national defence and also those of Legislative Decree No. 1/013 of 31 October 1997 issuing regulations for persons performing compulsory civic service in the sphere of national defence. In addition, it notes the letter from the Minister for National Defence to the Minister for National Education, dated 27 August 2002, containing the information that the 2002–03 edition of compulsory civic service in the area of national defence would not take place. Finally, the Committee notes the information supplied by the Government to the effect that civic service has been discontinued since 2002. Recalling that the abovementioned provisions of the Convention prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development, the Committee requests the Government to indicate the legislative provisions under which compulsory civic service has been discontinued. It requests it to indicate whether the abovementioned provisions of the national legislation have been formally repealed and, if so, to send a copy of the relevant texts.

Article 1(d). Penalties for participation in strikes. In its previous direct request, the Committee noted that, in the context of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation (ITUC)) indicated that a number of trade union leaders had been imprisoned for initiating strikes. The Committee notes that, in its latest comments on Convention No. 87, the ITUC once again refers to the arrest of trade union leaders following strikes. Since the Government has not provided any information in reply to its last direct request on this point, the Committee requests it once again to indicate the legislative provisions on the basis of which these persons have been imprisoned and, if applicable, to send copies of the corresponding court decisions.

Request for legislation. The Committee notes that Act No. 1/015 of 20 April 2005 issuing the Electoral Code, forwarded by the Government as an attachment to its report on the application of Convention No. 29, refers in its citation section to Act No. 1/006 of 26 June 2003 establishing the structure and functioning of political parties and Legislative Decree No. 1/006 of 21 March 1997 governing the press in Burundi. The Committee would be grateful if the Government would supply a copy of these texts with its next report.

CMNT_TITLE

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:

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has noted the possibility referred to by the Government in its successive reports of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the information supplied by the Government concerning the recommendations of the independent commission responsible for studying matters relating to prisoners. In addition, it notes the information to the effect that political prisoners have been freed. However, the Committee notes that the Government has not supplied any information concerning the measures taken to revise Ministerial Order No. 100/325. In comments made several years ago, (see in particular the observation and direct request made in 1992), the Committee referred to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which lay down penalties for certain offences against the security of the State and under the terms of which persons may be condemned to terms of imprisonment including, under section 40 of Ministerial Order No. 100/325, the obligation to work. Despite the release of political prisoners announced by the Government, the Committee emphasizes the need to amend Ministerial Order No. 100/325 in order to guarantee, in practice as well as in law, that no political prisoner may be condemned to a term of imprisonment including the obligation to work. The Committee trusts that the Government will finally be able to provide information in its next report on the steps taken to guarantee that persons protected by the abovementioned provisions of the Convention cannot be compelled to undertake compulsory prison labour.

Moreover, the Committee notes that, under the terms of article 159 of the Constitution of 18 March 2005, the prison system is governed by law. Similarly, section 166 of Act No. 1/015 of 20 July 1999 amending the Code of Penal Procedure states that the prison system is determined by law. The Committee requests the Government to indicate whether a new Act has been adopted concerning the prison system or if the adoption of such an Act is planned. If so, it requests the Government to send a copy of the Act to the Office.

The Committee also notes that the Government, in its last report, refers to various items of legislation – Ministerial Ordinance No. 560/126 of 22 June 1981, Decision No. 556/71 of 30 March 1989 establishing the internal regulations of prisons and Decision No. 517 of 8 June 1999 – which have not been forwarded to the Office. The Committee would be grateful if the Government would send a copy of these texts with its next report.

Article 1(b). Compulsory civic service. The Committee notes the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Section 2 of this Legislative Decree states that civic service consists of unremunerated compulsory service for the State in the spheres of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. Any person who has put forward grounds which are deemed admissible by the competent authority may be exempted from the performance of civic service (section 3). The age, material conditions and system of discipline relating to persons accomplishing civic service are defined by a regulatory text in accordance with the sphere concerned (section 4). Persons required to perform civic service receive civic and technical training (section 5). According to available resources, the competent authority organizes training sessions and determines the categories of person required to attend them (section 6). The President of the Republic designates the competent authority for each training session. The competent authority determines the length of compulsory civic service for persons to whom this training applies. It also coordinates the full range of civic service activities (section 7). Any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment ranging from one month to one year (section 8).The Committee also notes the provisions of Ministerial Ordinance No. 520/003 of 6 January 1997 establishing the organization of compulsory civic service in relation to national defence and also those of Legislative Decree No. 1/013 of 31 October 1997 issuing regulations for persons performing compulsory civic service in the sphere of national defence. In addition, it notes the letter from the Minister for National Defence to the Minister for National Education, dated 27 August 2002, containing the information that the 2002–03 edition of compulsory civic service in the area of national defence would not take place. Finally, the Committee notes the information supplied by the Government in its report to the effect that civic service has been discontinued since 2002. Recalling that the abovementioned provisions of the Convention prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development, the Committee requests the Government to indicate the legislative provisions under which compulsory civic service has been discontinued. It requests it to indicate whether the abovementioned provisions of the national legislation have been formally repealed and, if so, to send a copy of the relevant texts.

Article 1(d). Penalties for participation in strikes. In its previous direct request, the Committee noted that, in the context of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation (ITUC)) indicated that a number of trade union leaders had been imprisoned for initiating strikes. The Committee notes that, in its latest comments on Convention No. 87, the ITUC once again refers to the arrest of trade union leaders following strikes. Since the Government has not provided any information in reply to its last direct request on this point, the Committee requests it once again to indicate the legislative provisions on the basis of which these persons have been imprisoned and, if applicable, to send copies of the corresponding court decisions.

Request for legislation. The Committee notes that Act No. 1/015 of 20 April 2005 issuing the Electoral Code, forwarded by the Government as an attachment to its report on the application of Convention No. 29, refers in its citation section to Act No. 1/006 of 26 June 2003 establishing the structure and functioning of political parties and Legislative Decree No. 1/006 of 21 March 1997 governing the press in Burundi. The Committee would be grateful if the Government would supply a copy of these texts with its next report.

CMNT_TITLE

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:

Article 1, subparagraph a, of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has noted the possibility referred to by the Government in its successive reports of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the information supplied by the Government concerning the recommendations of the independent commission responsible for studying matters relating to prisoners. In addition, it notes the information to the effect that political prisoners have been freed. However, the Committee notes that the Government has not supplied any information concerning the measures taken to revise Ministerial Order No. 100/325. In comments made several years ago, (see in particular the observation and direct request made in 1992), the Committee referred to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which lay down penalties for certain offences against the security of the State and under the terms of which persons may be condemned to terms of imprisonment including, under section 40 of Ministerial Order No. 100/325, the obligation to work. Despite the release of political prisoners announced by the Government, the Committee emphasizes the need to amend Ministerial Order No. 100/325 in order to guarantee, in practice as well as in law, that no political prisoner may be condemned to a term of imprisonment including the obligation to work. The Committee trusts that the Government will finally be able to provide information in its next report on the steps taken to guarantee that persons protected by the abovementioned provisions of the Convention cannot be compelled to undertake compulsory prison labour.

Moreover, the Committee notes that, under the terms of article 159 of the Constitution of 18 March 2005, the prison system is governed by law. Similarly, section 166 of Act No. 1/015 of 20 July 1999 amending the Code of Penal Procedure states that the prison system is determined by law. The Committee requests the Government to indicate whether a new Act has been adopted concerning the prison system or if the adoption of such an Act is planned. If so, it requests the Government to send a copy of the Act to the Office.

The Committee also notes that the Government, in its last report, refers to various items of legislation – Ministerial Ordinance No. 560/126 of 22 June 1981, Decision No. 556/71 of 30 March 1989 establishing the internal regulations of prisons and Decision No. 517 of 8 June 1999 – which have not been forwarded to the Office. The Committee would be grateful if the Government would send a copy of these texts with its next report.

Article 1, subparagraph (b). Compulsory civic service. The Committee notes the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Section 2 of this Legislative Decree states that civic service consists of unremunerated compulsory service for the State in the spheres of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. Any person who has put forward grounds which are deemed admissible by the competent authority may be exempted from the performance of civic service (section 3). The age, material conditions and system of discipline relating to persons accomplishing civic service are defined by a regulatory text in accordance with the sphere concerned (section 4). Persons required to perform civic service receive civic and technical training (section 5). According to available resources, the competent authority organizes training sessions and determines the categories of person required to attend them (section 6). The President of the Republic designates the competent authority for each training session. The competent authority determines the length of compulsory civic service for persons to whom this training applies. It also coordinates the full range of civic service activities (section 7). Any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment ranging from one month to one year (section 8).The Committee also notes the provisions of Ministerial Ordinance No. 520/003 of 6 January 1997 establishing the organization of compulsory civic service in relation to national defence and also those of Legislative Decree No. 1/013 of 31 October 1997 issuing regulations for persons performing compulsory civic service in the sphere of national defence. In addition, it notes the letter from the Minister for National Defence to the Minister for National Education, dated 27 August 2002, containing the information that the 2002–03 edition of compulsory civic service in the area of national defence would not take place. Finally, the Committee notes the information supplied by the Government in its report to the effect that civic service has been discontinued since 2002. Recalling that the abovementioned provisions of the Convention prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development, the Committee requests the Government to indicate the legislative provisions under which compulsory civic service has been discontinued. It requests it to indicate whether the abovementioned provisions of the national legislation have been formally repealed and, if so, to send a copy of the relevant texts.

Article 1, subparagraph (d). Penalties for participation in strikes. In its previous direct request, the Committee noted that, in the context of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation (ITUC)) indicated that a number of trade union leaders had been imprisoned for initiating strikes. The Committee notes that, in its latest comments on Convention No. 87, the ITUC once again refers to the arrest of trade union leaders following strikes. Since the Government has not provided any information in reply to its last direct request on this point, the Committee requests it once again to indicate the legislative provisions on the basis of which these persons have been imprisoned and, if applicable, to send copies of the corresponding court decisions.

Request for legislation. The Committee notes that Act No. 1/015 of 20 April 2005 issuing the Electoral Code, forwarded by the Government as an attachment to its report on the application of Convention No. 29, refers in its citation section to Act No. 1/006 of 26 June 2003 establishing the structure and functioning of political parties and Legislative Decree No. 1/006 of 21 March 1997 governing the press in Burundi. The Committee would be grateful if the Government would supply a copy of these texts with its next report.

CMNT_TITLE

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.

The Committee notes the provisions of the Constitution of 18 March 2005, particularly those which establish the freedom of expression, freedom of religious practice, thought, conscience and opinion (section 31), the freedom of assembly and association (section 32), the right to found trade unions and become member thereof and the right to strike (section 37), the multiparty system (section 75) and the freedom to establish political parties in accordance with the law (sections 76 and 85).

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has noted the possibility referred to by the Government in its successive reports of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the information supplied by the Government concerning the recommendations of the independent commission responsible for studying matters relating to prisoners. In addition, it notes the information to the effect that political prisoners have been freed. However, the Committee notes that the Government has not supplied any information concerning the measures taken to revise Ministerial Order No. 100/325. In comments made several years ago, (see in particular the observation and direct request made in 1992), the Committee referred to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which lay down penalties for certain offences against the security of the State and under the terms of which persons may be condemned to terms of imprisonment including, under section 40 of Ministerial Order No. 100/325, the obligation to work. Despite the release of political prisoners announced by the Government, the Committee emphasizes the need to amend Ministerial Order No. 100/325 in order to guarantee, in practice as well as in law, that no political prisoner may be condemned to a term of imprisonment including the obligation to work. The Committee trusts that the Government will finally be able to provide information in its next report on the steps taken to guarantee that persons protected by the abovementioned provisions of the Convention cannot be compelled to undertake compulsory prison labour.

Moreover, the Committee notes that, under the terms of article 159 of the Constitution of 18 March 2005, the prison system is governed by law. Similarly, section 166 of Act No. 1/015 of 20 July 1999 amending the Code of Penal Procedure states that the prison system is determined by law. The Committee requests the Government to indicate whether a new Act has been adopted concerning the prison system or if the adoption of such an Act is planned. If so, it requests the Government to send a copy of the Act to the Office.

The Committee also notes that the Government, in its last report, refers to various items of legislation – Ministerial Ordinance No. 560/126 of 22 June 1981, Decision No. 556/71 of 30 March 1989 establishing the internal regulations of prisons and Decision No. 517 of 8 June 1999 – which have not been forwarded to the Office. The Committee would be grateful if the Government would send a copy of these texts with its next report. Finally, referring to its direct request on the application of Convention No. 29, the Committee would be grateful if the Government would supply a copy of the new Penal Code, once it has been adopted.

Article 1(b). Compulsory civic service. The Committee notes the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Section 2 of this Legislative Decree states that civic service consists of unremunerated compulsory service for the State in the spheres of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. Any person who has put forward grounds which are deemed admissible by the competent authority may be exempted from the performance of civic service (section 3). The age, material conditions and system of discipline relating to persons accomplishing civic service are defined by a regulatory text in accordance with the sphere concerned (section 4). Persons required to perform civic service receive civic and technical training (section 5). According to available resources, the competent authority organizes training sessions and determines the categories of person required to attend them (section 6). The President of the Republic designates the competent authority for each training session. The competent authority determines the length of compulsory civic service for persons to whom this training applies. It also coordinates the full range of civic service activities (section 7). Any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment ranging from one month to one year (section 8).The Committee also notes the provisions of Ministerial Ordinance No. 520/003 of 6 January 1997 establishing the organization of compulsory civic service in relation to national defence and also those of Legislative Decree No. 1/013 of 31 October 1997 issuing regulations for persons performing compulsory civic service in the sphere of national defence. In addition, it notes the letter from the Minister for National Defence to the Minister for National Education, dated 27 August 2002, containing the information that the 2002–03 edition of compulsory civic service in the area of national defence would not take place. Finally, the Committee notes the information supplied by the Government in its report to the effect that civic service has been discontinued since 2002. Recalling that the abovementioned provisions of the Convention prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development, the Committee requests the Government to indicate the legislative provisions under which compulsory civic service has been discontinued. It requests it to indicate whether the abovementioned provisions of the national legislation have been formally repealed and, if so, to send a copy of the relevant texts.

Article 1(d). Penalties for participation in strikes. In its previous direct request, the Committee noted that, in the context of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation (ITUC)) indicated that a number of trade union leaders had been imprisoned for initiating strikes. The Committee notes that, in its latest comments on Convention No. 87, the ITUC once again refers to the arrest of trade union leaders following strikes. Since the Government has not provided any information in reply to its last direct request on this point, the Committee requests it once again to indicate the legislative provisions on the basis of which these persons have been imprisoned and, if applicable, to send copies of the corresponding court decisions.

Request for legislation. The Committee notes that Act No. 1/015 of 20 April 2005 issuing the Electoral Code, forwarded by the Government as an attachment to its report on the application of Convention No. 29, refers in its citation section to Act No. 1/006 of 26 June 2003 establishing the structure and functioning of political parties and Legislative Decree No. 1/006 of 21 March 1997 governing the press in Burundi. The Committee would be grateful if the Government would supply a copy of these texts with its next report.

CMNT_TITLE

The Committee notes the provisions of the Constitution of 18 March 2005, particularly those which establish the freedom of expression, freedom of religious practice, thought, conscience and opinion (section 31), the freedom of assembly and association (section 32), the right to found trade unions and become member thereof and the right to strike (section 37), the multiparty system (section 75) and the freedom to establish political parties in accordance with the law (sections 76 and 85).

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has noted the possibility referred to by the Government in its successive reports of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour, section 40 of which provides for the obligation to work for convicted prisoners, in order to exclude political prisoners from its scope.

The Committee notes the information supplied by the Government concerning the recommendations of the independent commission responsible for studying matters relating to prisoners. In addition, it notes the information to the effect that political prisoners have been freed. However, the Committee notes that the Government has not supplied any information concerning the measures taken to revise Ministerial Order No. 100/325. In comments made several years ago, (see in particular the observation and direct request made in 1992), the Committee referred to sections 412, 413 and 426 of Legislative Decree No. 1/6 of 4 April 1981 amending the Penal Code, which lay down penalties for certain offences against the security of the State and under the terms of which persons may be condemned to terms of imprisonment including, under section 40 of Ministerial Order No. 100/325, the obligation to work. Despite the release of political prisoners announced by the Government, the Committee emphasizes the need to amend Ministerial Order No. 100/325 in order to guarantee, in practice as well as in law, that no political prisoner may be condemned to a term of imprisonment including the obligation to work. The Committee trusts that the Government will finally be able to provide information in its next report on the steps taken to guarantee that persons protected by the abovementioned provisions of the Convention cannot be compelled to undertake compulsory prison labour.

Moreover, the Committee notes that, under the terms of article 159 of the Constitution of 18 March 2005, the prison system is governed by law. Similarly, section 166 of Act No. 1/015 of 20 July 1999 amending the Code of Penal Procedure states that the prison system is determined by law. The Committee requests the Government to indicate whether a new Act has been adopted concerning the prison system or if the adoption of such an Act is planned. If so, it requests the Government to send a copy of the Act to the Office.

The Committee also notes that the Government, in its last report, refers to various items of legislation – Ministerial Ordinance No. 560/126 of 22 June 1981, Decision No. 556/71 of 30 March 1989 establishing the internal regulations of prisons and Decision No. 517 of 8 June 1999 – which have not been forwarded to the Office. The Committee would be grateful if the Government would send a copy of these texts with its next report. Finally, referring to its direct request on the application of Convention No. 29, the Committee would be grateful if the Government would supply a copy of the new Penal Code, once it has been adopted.

Article 1(b). Compulsory civic service. The Committee notes the provisions of Legislative Decree No. 1/005 of 1 December 1996 establishing compulsory civic service. Section 2 of this Legislative Decree states that civic service consists of unremunerated compulsory service for the State in the spheres of public interest or development, such as education, national defence, health, social welfare, the environment and reconstruction. Any person who has put forward grounds which are deemed admissible by the competent authority may be exempted from the performance of civic service (section 3). The age, material conditions and system of discipline relating to persons accomplishing civic service are defined by a regulatory text in accordance with the sphere concerned (section 4). Persons required to perform civic service receive civic and technical training (section 5). According to available resources, the competent authority organizes training sessions and determines the categories of person required to attend them (section 6). The President of the Republic designates the competent authority for each training session. The competent authority determines the length of compulsory civic service for persons to whom this training applies. It also coordinates the full range of civic service activities (section 7). Any refusal to perform compulsory civic service is liable to punishment in the form of imprisonment ranging from one month to one year (section 8).The Committee also notes the provisions of Ministerial Ordinance No. 520/003 of 6 January 1997 establishing the organization of compulsory civic service in relation to national defence and also those of Legislative Decree No. 1/013 of 31 October 1997 issuing regulations for persons performing compulsory civic service in the sphere of national defence. In addition, it notes the letter from the Minister for National Defence to the Minister for National Education, dated 27 August 2002, containing the information that the 2002–03 edition of compulsory civic service in the area of national defence would not take place. Finally, the Committee notes the information supplied by the Government in its report to the effect that civic service has been discontinued since 2002. Recalling that the abovementioned provisions of the Convention prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for the purposes of economic development, the Committee requests the Government to indicate the legislative provisions under which compulsory civic service has been discontinued. It requests it to indicate whether the abovementioned provisions of the national legislation have been formally repealed and, if so, to send a copy of the relevant texts.

Article 1(d). Penalties for participation in strikes. In its previous direct request, the Committee noted that, in the context of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation (ITUC)) indicated that a number of trade union leaders had been imprisoned for initiating strikes. The Committee notes that, in its latest comments on Convention No. 87, the ITUC once again refers to the arrest of trade union leaders following strikes. Since the Government has not provided any information in reply to its last direct request on this point, the Committee requests it once again to indicate the legislative provisions on the basis of which these persons have been imprisoned and, if applicable, to send copies of the corresponding court decisions.

Request for legislation. The Committee notes that Act No. 1/015 of 20 April 2005 issuing the Electoral Code, forwarded by the Government as an attachment to its report on the application of Convention No. 29, refers in its citation section to Act No. 1/006 of 26 June 2003 establishing the structure and functioning of political parties and Legislative Decree No. 1/006 of 21 March 1997 governing the press in Burundi. The Committee would be grateful if the Government would supply a copy of these texts with its next report.

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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:

1. Article 1(a) of the Convention. Since a number of years, the Committee noted that the Government has been referring to a possibility of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour in order to explicitly exclude political prisoners from its scope. The Government indicates in its latest report of November 2001 that the consultations conducted on this subject have been suspended as a result of the war. In the meantime, a notion of "political prisoners" is being discussed at the political level and the result of the debate on this subject should be awaited. The Committee recalls that Article 1(a) of the Convention prohibits the exaction of forced or compulsory labour, including compulsory prison labour, as a sanction against persons who held or expressed certain political views or views ideologically opposed to the established political, social or economic system. It therefore requests the Government to provide, in its next report, information on the measures taken to ensure that persons protected by this provision of the Convention are not subject to compulsory prison labour.

2. Article 1(d). Since many years, the Committee referred to section 231 of the Labour Code, which provides that restrictions imposed on the right to strike to ensure the functioning of vital sectors of the economy may be enforceable with sanctions of penal servitude (sections 313 and 320 of the Labour Code). The Committee notes that, following the adoption of Law-Decree No. 1/037 of 7 July 1993, the Labour Code has been revised. It notes with interest that violation of the Labour Code provisions concerning the right to strike does not involve penal sanctions any more. However, the Committee notes that, with regard to the application of the Freedom of Association and the Protection of the Right to Organize Convention, 1948 (No. 87), the International Confederation of Free Trade Unions (ICFTU) indicated that a number of trade unions’ leaders have been imprisoned for having organized strikes. It requests the Government to indicate the grounds for their imprisonment and to supply copies of the relevant courts decisions.

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1. Article 1(a) of the Convention. Since a number of years, the Committee noted that the Government has been referring to a possibility of revising Ministerial Order No. 100/325 of 15 November 1963 concerning the organization of prison labour in order to explicitly exclude political prisoners from its scope. The Government indicates in its latest report of November 2001 that the consultations conducted on this subject have been suspended as a result of the war. In the meantime, a notion of "political prisoners" is being discussed at the political level and the result of the debate on this subject should be awaited. The Committee recalls that Article 1(a) of the Convention prohibits the exaction of forced or compulsory labour, including compulsory prison labour, as a sanction against persons who held or expressed certain political views or views ideologically opposed to the established political, social or economic system. It therefore requests the Government to provide, in its next report, information on the measures taken to ensure that persons protected by this provision of the Convention are not subject to compulsory prison labour.

2. Article 1(d). Since many years, the Committee referred to section 231 of the Labour Code, which provides that restrictions imposed on the right to strike to ensure the functioning of vital sectors of the economy may be enforceable with sanctions of penal servitude (sections 313 and 320 of the Labour Code). The Committee notes that, following the adoption of Law-Decree No. 1/037 of 7 July 1993, the Labour Code has been revised. It notes with interest that violation of the Labour Code provisions concerning the right to strike does not involve penal sanctions any more. However, the Committee notes that, with regard to the application of the Freedom of Association and the Protection of the Right to Organize Convention, 1948 (No. 87), the International Confederation of Free Trade Unions (ICFTU) indicated that a number of trade unions’ leaders have been imprisoned for having organized strikes. It requests the Government to indicate the grounds for their imprisonment and to supply copies of the relevant courts decisions.

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With reference to its previous comments, the Committee notes the Government's statement that the situation of the country in respect of the Convention has not changed since the information submitted in 1993. It hopes that the Government will do its utmost to supply full information at an early date on the following points raised in its previous direct request:

1. Article 1(a) of the Convention. In its previous comments, the Committee notes the Government's statement that consultations were being pursued with a view to revising the legislation on prison labour to explicitly exclude political prisoners from its scope. In the report received in June 1993, the Government added that the consultations undertaken to adopt laws in accordance with the new Constitution had been suspended for the organization of general elections, but that the legislation on prison labour would be brought into full conformity with the Convention.

The Committee hopes that the Government will shortly be able to indicate the measures which have been taken to grant the persons protected by Article 1(a) of the Convention a status which exempts them from compulsory prison labour, which is imposed on criminals under the ordinary law, and that it will indicate the offences under which offenders will benefit from this status.

2. Article 1(d). In its previous comments, the Committee referred to section 231 of the Labour Code, which provides that restrictions may be imposed on the right to strike to ensure the functioning of vital sectors of the economy, under penalty of penal servitude (sections 313 and 320 of the Labour Code). Ordinances have been issued under the above provisions in sectors such as hospitals and other medical services (Ordinance No. 222/344 of 8 December 1960) and production and water distribution enterprises (Ordinance No. 222/308 of 2 November 1960).

The Committee requested the Government of indicate any other provision issued under section 231 of the Labour Code and to provide information on the legal definition of the term "vital sectors of the economy" used in section 231 above.

It also hoped that the work of harmonizing legal texts embarked upon some years ago would make it possible to complete the revision of the Labour Code, to which the Government referred previously, and that the provisions adopted would bring the legislation into full conformity with the Convention. The Committee requests the Government to provide information on the progress made in the work of revising the Labour Code, to transmit the revised text when it is adopted and, while awaiting the revision of section 231, also to provide the information requested previously concerning the definition of "vital sectors of the economy" and any texts adopted under the provision.

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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. Article 1(a) of the Convention. In its previous comments, the Committee noted the Government's statement that consultations were being pursued with a view to revising the legislation on prison labour to explicitly exclude political prisoners from its scope. In the report received in June 1993, the Government added that the consultations undertaken to adopt laws in accordance with the new Constitution had been suspended for the organization of general elections, but that the legislation on prison labour would be brought into full conformity with the Convention.

The Committee hopes that the Government will shortly be able to indicate the measures which have been taken to grant the persons protected by Article 1(a) of the Convention a status which exempts them from compulsory prison labour, which is imposed on criminals under the ordinary law, and that it will indicate the offences under which offenders will benefit from this status.

2. Article 1(d). In its previous comments, the Committee referred to section 231 of the Labour Code, which provides that restrictions may be imposed on the right to strike to ensure the functioning of vital sectors of the economy, under penalty of penal servitude (sections 313 and 320 of the Labour Code). Ordinances have been issued under the above provisions in sectors such as hospitals and other medical services (Ordinance No. 222/344 of 8 December 1960) and production and water distribution enterprises (Ordinance No. 222/308 of 2 November 1960).

The Committee requested the Government to indicate any other provision issued under section 231 of the Labour Code and to provide information on the legal definition of the term "vital sectors of the economy" used in section 231 above.

It also hoped that the work of harmonizing legal texts embarked upon some years ago would make it possible to complete the revision of the Labour Code, to which the Government referred previously, and that the provisions adopted would bring the legislation into full conformity with the Convention. The Committee requests the Government to provide information on the progress made in the work of revising the Labour Code, to transmit the revised text when it is adopted and, while awaiting the revision of section 231, also to provide the information requested previously concerning the definition of "vital sectors of the economy" and any texts adopted under that provision.

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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. Article 1(a) of the Convention. In its previous comments, the Committee noted the Government's statement that consultations were being pursued with a view to revising the legislation on prison labour to explicitly exclude political prisoners from its scope. In the report received in June 1993, the Government added that the consultations undertaken to adopt laws in accordance with the new Constitution had been suspended for the organization of general elections, but that the legislation on prison labour would be brought into full conformity with the Convention.

The Committee hopes that the Government will shortly be able to indicate the measures which have been taken to grant the persons protected by Article 1(a) of the Convention a status which exempts them from compulsory prison labour, which is imposed on criminals under the ordinary law, and that it will indicate the offences under which offenders will benefit from this status.

2. Article 1(d). In its previous comments, the Committee referred to section 231 of the Labour Code, which provides that restrictions may be imposed on the right to strike to ensure the functioning of vital sectors of the economy, under penalty of penal servitude (sections 313 and 320 of the Labour Code). Ordinances have been issued under the above provisions in sectors such as hospitals and other medical services (Ordinance No. 222/344 of 8 December 1960) and production and water distribution enterprises (Ordinance No. 222/308 of 2 November 1960).

The Committee requested the Government to indicate any other provision issued under section 231 of the Labour Code and to provide information on the legal definition of the term "vital sectors of the economy" used in section 231 above.

It also hoped that the work of harmonizing legal texts embarked upon someyears ago would make it possible to complete the revision of the Labour Code, to which the Government referred previously, and that the provisions adopted would bring the legislation into full conformity with the Convention. The Committee requests the Government to provide information on the progress made in the work of revising the Labour Code, to transmit the revised text when it is adopted and, while awaiting the revision of section 231, also to provide the information requested previously concerning the definition of "vital sectors of the economy" and any texts adopted under that provision.

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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:

1. Article 1(a) of the Convention. In its previous comments, the Committee noted the Government's statement that consultations were being pursued with a view to revising the legislation on prison labour to explicitly exclude political prisoners from its scope. In the report received in June 1993, the Government added that the consultations undertaken to adopt laws in accordance with the new Constitution had been suspended for the organization of general elections, but that the legislation on prison labour would be brought into full conformity with the Convention.

The Committee hopes that the Government will shortly be able to indicate the measures which have been taken to grant the persons protected by Article 1(a) of the Convention a status which exempts them from compulsory prison labour, which is imposed on criminals under the ordinary law, and that it will indicate the offences under which offenders will benefit from this status.

2. Article 1(d). In its previous comments, the Committee referred to section 231 of the Labour Code, which provides that restrictions may be imposed on the right to strike to ensure the functioning of vital sectors of the economy, under penalty of penal servitude (sections 313 and 320 of the Labour Code). Ordinances have been issued under the above provisions in sectors such as hospitals and other medical services (Ordinance No. 222/344 of 8 December 1960) and production and water distribution enterprises (Ordinance No. 222/308 of 2 November 1960).

The Committee requested the Government to indicate any other provision issued under section 231 of the Labour Code and to provide information on the legal definition of the term "vital sectors of the economy" used in section 231 above.

It also hoped that the work of harmonizing legal texts embarked upon some years ago would make it possible to complete the revision of the Labour Code, to which the Government referred previously, and that the provisions adopted would bring the legislation into full conformity with the Convention. The Committee requests the Government to provide information on the progress made in the work of revising the Labour Code, to transmit the revised text when it is adopted and, while awaiting the revision of section 231, also to provide the information requested previously concerning the definition of "vital sectors of the economy" and any texts adopted under that provision.

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1. Article 1(a) of the Convention. In its previous comments, the Committee noted the Government's statement that consultations were being pursued with a view to revising the legislation on prison labour to explicitly exclude political prisoners from its scope. In the report received in June 1993, the Government added that the consultations undertaken to adopt laws in accordance with the new Constitution had been suspended for the organization of general elections, but that the legislation on prison labour would be brought into full conformity with the Convention.

The Committee hopes that the Government will shortly be able to indicate the measures which have been taken to grant the persons protected by Article 1(a) of the Convention a status which exempts them from compulsory prison labour, which is imposed on criminals under the ordinary law, and that it will indicate the offences under which offenders will benefit from this status.

2. Article 1(d). In its previous comments, the Committee referred to section 231 of the Labour Code, which provides that restrictions may be imposed on the right to strike to ensure the functioning of vital sectors of the economy, under penalty of penal servitude (sections 313 and 320 of the Labour Code). Ordinances have been issued under the above provisions in sectors such as hospitals and other medical services (Ordinance No. 222/344 of 8 December 1960) and production and water distribution enterprises (Ordinance No. 222/308 of 2 November 1960).

The Committee requested the Government to indicate any other provision issued under section 231 of the Labour Code and to provide information on the legal definition of the term "vital sectors of the economy" used in section 231 above.

It also hoped that the work of harmonizing legal texts embarked upon some years ago would make it possible to complete the revision of the Labour Code, to which the Government referred previously, and that the provisions adopted would bring the legislation into full conformity with the Convention. The Committee requests the Government to provide information on the progress made in the work of revising the Labour Code, to transmit the revised text when it is adopted and, while awaiting the revision of section 231, also to provide the information requested previously concerning the definition of "vital sectors of the economy" and any texts adopted under that provision.

[The Government is asked to report in detail in 1996.]

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In its previous comments, the Committee referred to section 231 of the Labour Code which provides that restrictions enforceable by sentences of penal servitude (sections 313 and 320 of the Labour Code) may be imposed on the right to strike in order to ensure the functioning of vital sectors of the economy. Orders have been issued under the above provisions in sectors such as hospitals and other medical services (Ordinance No. 222/344 of 8 December 1960), production and water distribution enterprises (Ordinance No. 222/308 of 2 November 1960).

The Committee requested the Government to provide information on any other provisions issued under section 231 of the Labour Code and to provide details of the legal definition of the term "vital sectors of the economy" used in the above section 231.

The Committee hopes that the work of legislative harmonization which is currently under way will make it possible to undertake the revision of the Labour Code, which the Government referred to previously, and that provisions will be adopted which will bring the legislation into full conformity with the Convention. The Committee requests the Government to continue supplying information on the progress achieved in revising the Labour Code and to supply the revised text once it has been adopted.

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The Committee notes with interest the new Constitution of March 1992 which recognizes the freedom of the press and the various other texts transmitted by the Government.

1. It notes with satisfaction that several texts on which it had commented (Act No. 1/136 of 25 June 1976; Legislative Decree No. 1/4 of 28 February 1977 and Legislative Order No. 001/34 of 23 November 1966) were formally repealed by Legislative Decree No. 1/01 of 4 February 1992 issuing regulations respecting the press and by Legislative Decree No. 1/010 of 15 April 1992 on political parties.

2. The Committee notes the Government's statement in its report that subsequent texts and those issued under the new Constitution will take due account of the requirements of the Convention.

3. In its previous comments, the Committee noted that no legislative provision contained either in the Penal Code or in the legislation on prison labour made it possible to exempt political detainees from prison labour.

With reference to its 1979 General Survey on the Abolition of Forced Labour, and particularly paragraph 133, the Committee considers it necessary to recall that the Convention prohibits the use of forced or compulsory labour as a means of political coercion or education or a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee noted previously the Government's statement that consultations were being pursued with a view to revising the legislation on prison labour to explicitly exclude political prisoners from its scope.

The Committee hopes that, in view of its previous observations and direct requests, and in the current context of the harmonization of the legislation, the revision referred to above will be implemented and it requests the Government to supply information on the measures taken in this respect.

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Article 1(a) of the Convention. 1. The Committee refers to point 2 of its observation concerning the Convention and notes that the Constitution appears still to be suspended. The Committee recalls that the suspension of constitutional guarantees can influence the application of the Convention. Individual rights and freedoms, such as freedom of opinion and expression, freedom of assembly, freedom of association, protection against arbitrary arrest, the right to a fair trial, etc., are an important protection against forced or compulsory labour being used as sanctions for expressing political or ideological opinions or as a means of political coercion or education. Consequently, the Committee asks the Government to indicate which provisions of the Constitution, laws and regulations are currently in force concerning the exercise of these individual right and freedoms and to provide a copy of them.

2. In its previous comments, the Committee noted that by virtue of section 40 of Ministerial Order No. 100/325 to organise prison labour, several provisions of the Penal Code can lead to the imposition of forced or compulsory labour in circumstances which come within the scope of Article 1(a) of the Convention:

(a) under section 412 of the Penal Code any person may be sentenced to penal servitude for life who is convicted of a criminal attempt with the aim, inter alia, of changing the constitutional order; under section 430, this offence is deemed to have been committed as soon as a punishable attempt in this respect has been made;

(b) section 413, punishing conspiracy with the same intention, provides for sentences of from five to 15 years of penal servitude for the conspirators. Section 431 provides that conspiracy exists where the intention to act has been formed by two or more persons. An unaccepted proposal to conspire is punished by penal servitude of from one to five years.

The Committee asks the Government to provide copies of judicial decisions illustrating the scope of the notions "criminal attempt" and "conspiracy".

Article 1(d). 3. In its previous comments, the Committee referred to section 231 of the Labour Code which provides that restrictions enforceable by sentences of penal servitude (as laid down in sections 313 and 320 of the same Code) may be imposed on the right to strike in order to ensure the functioning of vital sectors of the economy. The Government indicated that orders had been issued under the above provisions in important sectors such as hospitals and other medical services (Ordinance No. 222/344 of 8 December 1960), production and water distribution enterprises (Ordinance No. 222/308 of 2 November 1960) where labour stoppages would seriously disrupt the economic and social development of the country. The Committee noted that the above Ordinances were adopted before the entry into force of the Labour Code and asked the Government to provide information on any other provisions issued under section 231 of the Labour Code and on any provision adopted to define the term "vital sectors of the economy".

The Committee notes the Government's indications that the content of section 231 will be defined in the revised Labour Code which is currently being examined by the National Labour Council and will be published shortly. The Committee hopes that the provisions adopted will be in conformity with the Convention and that the Government will provide a copy of the revised text as soon as it has been adopted.

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Article 1(a) of the Convention. 1. In its previous comments, the Committee noted that certain provisions impose restrictions on the freedoms of association and publication that are enforceable by imprisonment involving the obligation to work by virtue of section 40 of the Ministerial Order No. 100/325 of 15 November 1963 to organise prison labour. In this connection, the Committee referred to certain provisions of Legislative Order No. 001/34 of 23 November 1966 respecting the single national party, Act No. 1/136 of 25 June 1976 (amended by Legislative Decree No. 1/4 of 28 February 1977) respecting the press, and section 426 of Legislative Decree No. 1/6 of 4 April 1981 to reform the Penal Code.

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.

The Committee notes that, according to the Government, the provisions concerning the press (particularly the requirement of prior authorisation) aim to prevent disorder and abuse of all kinds and that they are commonly to be found in national legislation.

The Committee notes that under the provisions of Act No. 1/136 of 1976, the duties of journalists in the area of ideology and national political activity include that of working as patriots in belief and awareness of the party ideals.

The Committee wishes to draw attention to paragraph 138 of its General Survey of 1979 on Forced Labour in which it pointed out, amongst other things, that provisions of this kind make it possible to deprive individuals of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of any criminal offence. Insofar as the provisions in question are enforced by penalties involving the obligation to work, they may accordingly lead to the imposition of compulsory labour as a punishment for expressing political opinions or ideological views. The same possibility arises where the authorities have broad powers to ban any newspaper in the public interest or to prohibit publications if in their opinion such a measure is in the public interest or the publications might harm the edification of the nation. In such cases, observance of the Convention is in jeopardy.

The Committee notes the Government's reiterated statement that consultations are being pursued with a view to revising the legislation on prison labour to explicitly exclude political prisoners from its scope. The Committee asks the Government to report on the status of the above revision.

2. The Committee notes with interest that a constitutional committee set up in March 1991 to discuss the democratisation of institutions and political life submitted a report in September 1991 which should enable a new Constitution to be drawn up. The Committee hopes that when the new Constitution and other legal texts are prepared, due account will be taken of the requirements of the Convention and that the provisions which are contrary to the Convention will be repealed. It requests the Government to provide information on developments in this respect and to provide a copy of the Constitution as soon as it is adopted.

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1. Article 1(a) of the Convention. In its previous comments, the Committee referred to certain provisions of the Penal Code promulgated by Legislative Decree No. 1/6 of 4 April 1981, under which, by virtue of section 40 of Ministerial Order No. 100/325 of 15 November 1963 to organise prison labour, it is possible to impose forced or compulsory labour in circumstances which come within the scope of Article 1(a) of the Convention:

(a) under section 412 of the Penal Code, any person may be sentenced to penal servitude for life who is convicted of a criminal attempt with the aim, inter alia, of changing the constitutional order; under section 430, this offence is deemed to have been committed as soon as a punishable attempt in this respect has been made, even in the absence of acts of violence;

(b) section 413, punishing conspiracy with the same intention, provides for sentences of from five to 15 years of penal servitude for the conspirators. Section 431 provides that conspiracy exists where the intention to act has been formed by two or more persons. An unaccepted proposal to conspire is punished by penal servitude of from one to five years;

(c) section 426 forbids the distribution, circulation or exhibition, for propaganda purposes, of printed matter of foreign origin or inspiration that is damaging to the national interest, and provides that any person found guilty shall be punished by penal servitude of from two months to three years with or without a fine.

Referring also to its observation on the Convention, the Committee notes the indication in the Government's report that consultations are being pursued with the department concerned with a view to amending the provisions of Ministerial Order No. 100/325 of 15 November 1963 to organise prison labour, in order to exempt political prisoners from prison labour. The Committee trusts that the necessary measures will be adopted rapidly to ensure observance of the Convention and that the Government will be able to indicate the provisions adopted.

2. Article 1(d). In its previous comments, the Committee referred to section 231 of the Labour Code which provides that restrictions enforceable by sentences of penal servitude (as laid down in sections 313 and 320 of the same Code) may be imposed on the right to strike in order to ensure the functioning of vital sectors of the economy. The Government indicated that orders had been issued under the above provisions in important sectors such as hospitals and other medical services (Ordinance No. 222/344 of 8 December 1960), production and water distribution enterprises (Ordinance No. 22/308 of 2 November 1960) where labour stoppages would seriously disturb the economic and social development of the country. The Committee noted that the above Ordinances were adopted before the entry into force of the Labour Code, and requested the Government to provide information on any other provisions issued under section 231 of the Labour Code and on any provision adopted to define the term "vital sectors of the economy".

The Committee notes the Government's indications to the effect that it plans, in the near future, to review all the provisions of the Labour Code and that, during the review, it will examine the question of whether it is appropriate to make a specific definition under section 231, subsection 2. The Committee asks the Government to provide information on any measures taken or under consideration to this end.

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Article 1(a) of the Convention. In its previous comments, the Committee noted that certain provisions of Legislative Order No. 001/34 of 23 November 1966 respecting the single national party, and of Act No. 1/136 of 25 June 1976 respecting the press, as amended by Legislative Decree No. 1/4 of 28 February 1977, place restrictions on the freedoms of association and publication that are enforceable by imprisonment involving (under section 40 of Ministerial Order No. 100/325 of 15 November 1963 to organise prison labour) the obligation to work and therefore come within the scope of the Convention, which prohibits the use of forced or compulsory labour, in particular as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee noted that the Government intended to review the prison legislation in order to bring it into conformity with the provisions of the Convention. It also noted the Government's intention to formally repeal the other texts mentioned, which have fallen into abeyance.

While noting the Government's indication in its report that consultations to examine the possibility of bringing the prison legislation into conformity with the provisions of the Convention are being pursued, the Committee trusts that measures will be adopted in the near future to ensure observance of the Convention and that the Government will indicate the provisions adopted. It hopes that during these consultations, other texts which are also relevant to the Convention and on which the Committee addresses a request directly to the Government, will also be examined.