Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Poland (Ratification: 1958)

Article 1(a) of the Convention. Sanctions 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 notes that the Penal Code of 1997, as amended, provides for the penalty of restriction of liberty, which can involve an obligation to perform unpaid and controlled work for social purposes. The Committee notes that, under the following provisions of the Criminal Code, the penalty of restriction of liberty may be imposed:

• -section 136(4), on publicly insulting a person belonging to the diplomatic personnel of a mission of a foreign country to Poland;
• -section 137, on publicly insulting, destroying, or removing a symbol of the State, or insulting the symbols of foreign countries;
• -section 196, on offending the religious feelings of other persons;
• -sections 212 and 226(1), concerning defamation, including of public officials;
• -section 216, on insult;
• -section 226(3), on publicly insulting or humiliating a constitutional authority of the Republic of Poland.

The Committee recalls that according to Article 1(a) of the Convention, no sanction involving compulsory labour (such as restriction of liberty) should be imposed on persons holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to provide information on the application in practice of the above-mentioned sections of the Penal Code, so that it can assess their scope of application and ascertain that they are not applied under circumstances falling within Article 1(a) of the Convention. Please, provide information on the number and nature of the penalties applied under these provisions, including information on the application of the penalty of restriction of liberty, and the grounds for prosecution.