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Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Abolition of Forced Labour Convention, 1957 (No. 105) - Hungary (Ratification: 1994)

Other comments on C105

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1. The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention. It would be grateful if the Government would provide, in its next report, information on any provisions governing prison labour and supply copies of relevant texts (e.g. legislation concerning execution of sentences, prison rules or regulations). Please also supply additional information on the following points:

2. Article 1, paragraph (a), of the Convention. The Committee notes the provisions of article 8(4) of the Constitution, according to which the exercise of some of the fundamental rights may be suspended or restricted during a state of national crisis, state of emergency or state of danger. Article 19D of the Constitution provides for the adoption of a law specifying the detailed regulations to be applied during a state of national crisis and a state of emergency. The Committee would be grateful if the Government would indicate, in its next report, whether such a law has been adopted, and if so, supply a copy. Please state what guarantees are provided to ensure that the duration and extent of exceptional measures taken during a state of emergency shall be limited to what is strictly required by the exigencies of the situation.

3. The Committee also notes the provisions of the Penal Code imposing penal sanctions of imprisonment in cases of incitement to agitation against the law or authorities (section 268), agitation against communities (section 269) and disturbance of the public order by openly declaring false facts or by spreading rumours (section 270). The last offence may be also punished by public utility labour (section 270(1)). The Committee would be grateful if the Government would supply information in its next report on the application in practice of the above-mentioned penal provisions.

4. Please also supply a copy of the media law adopted in 1995.

5. Article 1, paragraph (b). The Committee refers to point 1 of its direct request addressed to the Government under Convention No. 29 concerning certain provisions of the National Defence Act, 1993 (section 133, long-term work for the national defence).

6. Article 1, paragraph (c). The Committee would be grateful if the Government would supply information in its next report concerning disciplinary measures applicable to seafarers (e.g. in such cases as desertion, absence without leave or disobedience).

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