Abolition of Forced Labour Convention, 1957 (No. 105) - Libya (Ratification: 1961)

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

The Government has supplied the following information:

Act No. 5 of 1991 on the application of the principles of the Green Book, Act No. 20 of 1991 on the promotion of freedom and the Green Book proclaim the right of each citizen to freely express his opinion, and prohibits punishment which affects human dignity such as forced labour and long-term imprisonment. Section 2 of Act No. 5 of 1991 provides that the amendments of the legislation provided for under the preceding section must be drawn up within a period of one year from the date of publication of the Act. Thus all the provisions of the 1972 Publications Act and the Penal Code shall be amended to bring them into accordance with Acts Nos. 5 and 20 of 1991.

The Orders of the Higher Council of the Revolution and those concerning the trial of those responsible for corruption, the texts of which the Committee of Experts have requested, were adopted at the beginning of the revolution to resolve certain problems relating to the circumstances. Their operation ended when the problems referred to disappeared. They became null and void subsequent to the promulgation of Acts Nos. 5 and 20 of 1991.

In addition, a Government representative referred to the written information communicated by the Government, with regard to the request of the Committee of Experts for copies of the Orders of the Higher Council of the Revolution respecting the defence of the revolution and the judgement of those responsible for political and administrative corruption. These Orders were adopted at the beginning of the revolution only to deal with a unique situation that existed at the time. That situation no longer exists and since the adoption of Act No. 5 of 1991 on the application of the Green Book on human rights these Orders were no longer in force.

The Workers' members stated that it was difficult to make an accurate assessment of the situation on such an important Convention in the absence of texts of the laws and orders. They took due note of the oral and written information provided by the Government. They further noted that Acts Nos. 5 and 20 of 1991 provided for the possibility of amending the Publications Act of 1972 and several sections of the Penal Code as well as making Orders of the Higher Council of the Revolution null and void. They understood the problems faced by the Government in reporting on the application of Conventions. They hoped, however, that the Government representative would convey to his Government the concern of the Conference Committee about the delays experienced in providing information to the Committee of Experts. They strongly urged the Government to provide the required information to the Committee of Experts at its next session including the texts of Acts Nos. 5 and 20 of 1991 as well as amendments to the Publications Act of 1972 and the relevant sections of the Penal Code in order to ensure that full conformity of national legislation with the Convention would soon be attained.

The Employers' members regretted to note that no concrete proof of the changes requested by the Committee of Experts had been provided for several years. They noted that the Government had for many years given indications and promises of change, including a reference to the formation of a tripartite national committee to look into these problems. The texts of such changes as well as the copies of the Green Book on human rights and the Orders of the Higher Council of the Revolution had yet to be received by the Committee of Experts. They now understood from the Government's oral and written information that these Orders were no longer in force. In view of the fact that there was no verifiable information on the legal and practical situation in the country, they were obliged to assume that it remained unchanged and thus continued to be at variance with the provisions of the Convention. They felt that the Government should be urgently requested to clearly state in writing the laws it intended to amend and the time frame for these amendments.

The Government representative, referring to the absence of the texts of Acts Nos. 5 and 20 of 1991 as well as a copy of the Green Book, stated that his Government had sent copies of all of them to the ILO and failed to see any explanation for their disappearance. He disagreed that there were bureaucratic difficulties in his country which hindered the timely supply of reports on the application of Conventions. It was true that the various departments concerned would normally be consulted in the preparation of reports in response to the comments made by the Committee of Experts without giving rise to any particular problems. He reiterated that amendments to the Publications Act of 1972 and the relevant sections of the Penal Code would be introduced in conformity with Acts Nos. 5 and 20 of 1991.

The Committee noted the information provided by the Government, including the steps it seemed to have taken to amend the laws referred to by the Committee of Experts. It further noted that the Government attributed delays in reporting to the current political situation in and around the country. It recalled, however, that this question had been under discussion for several years during which period reports had not been sent on time. Under these circumstances, the Committee felt it was not in a position to discuss this matter in detail at this session. It therefore urged the Government to send detailed reports as soon as possible to enable this Committee to fully discuss the situation in a future session.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

A Government representative stated that this type of forced labour did not exist in his country and was prohibited by the law. It was true that the previous legislation did allow forced labour to be performed, but the People's Congress took steps to bring the legislation into line with the provisions of the Convention and with the Committee of Experts' comments.

The Workers' members observed that, in the absence of the report, the replies to the comments and of the relevant texts, the Committee of Experts had to repeat its observation concerning non-compliance with the Convention and in regard to imposing compulsory labour for expressing certain political views and for participation in strikes. They insisted that the Government should communicate the texts requested, such as the Green Paper to which the Government had referred to already, in 1990.

The Employers' members, noting that the case had been under discussion for a number of years, recalled the previous indications made by the Government concerning changes envisaged and its promises to communicate the necessary texts. They noted that no report had been received and no specific information communicated by the Government representative, and considered that there was no dialogue. They insistently requested that the Government should change all the provisions specifically referred to by the Committee of Experts, so that any forced labour related to the expression of political opinion should be eliminated, and considered that the conclusions should be particularly firm.

The Workers' member of the Libyan Arab Jamahiriya referred to the positive changes which had taken place in his country, particularly since the General People's Congress adopted the Green Paper on Human Rights in June 1988. On its basis, all the legislation was being reviewed in order to ensure conformity with the Green Paper, the sole purpose of which is to guarantee a decent and egalitarian life for all citizens. The speaker indicated that the trade unions were following with close attention all the legislative work and were participating in the relevant committees. He expressed the hope that this work would be completed very shortly.

The Government representative pointed out that he noted all the comments and observations made. He stated that the Government would make serious efforts to communicate to the ILO all the reports and documents relating to this Convention.

The Committee took note of the explanations provided by the Government representative and of the report of the Committee of Experts. It regretted that no report had been received. The Committee recalled its conclusions of 1990, and earnestly hoped that the Government would take without delay all the measures that had been requested for some time, with a view to revising its legislation in order to bring it into conformity with the Convention. The Committee trusted that the Government would also be in a position to supply the information requested by the Experts on the application in practice of certain legal provisions. It expressed the firm hope that it would be in a position to note in the very near future real and substantial progress in the application of the Convention both in law and in practice.

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

A Government representative indicated that a tripartite technical committee had examined the comments made by the Committee of Experts on the Convention and had recommended the amendment of certain legislation. This fact had been recognised in the Committee of Experts' report. Details concerning these amendments would be communicated to the Office as soon as they had been adopted.

The Employers' members referred to comments they had made in this Committee in 1987 to the effect that, at that time, the Government had expressed its readiness to amend the legislation appropriately so as to bring the law into confirmity with the Convention. The Publications Act of 1972 which provided for compulsory labour as a means of political education was not in conformity with the Convention. The Government had been examining this question for several years and it was now time that the matter be brought to its conclusion and the necessary amendments be made to the legislation. They urged the Government to take the necessary measures in this regard as soon as possible. Furthermore, the Committee of Experts'report referred to a number of legislative texts stipulating penalties for the expression of political opinion which had been in existence for some time but which had not yet been communicated to the Office. The Government should be urged to provide these texts for examination by the Committee of Experts as soon as possible and the necessary practical changes should be made.

The Workers' members supported the statement made by the Employers' members and added that, as there was no disagreement concerning the interpretation made by the Committee of Experts with regard to this Convention, the Government should be urged to resolve the problem in the very near future. As for the second point in the Committee of Experts' observation, it was once again a question of replying to, and sending, important legislative texts to the Committee of Experts for examination and comment.

The Government representative added that a "green paper" on human rights, covering all human rights Conventions including the present Convention had been communicated to the General Peoples' Congress and would be submitted to the Office. He reiterated that all texts which were to be amended in the future would be communicated to the Office as soon as they were adopted.

The Committee noted the explanations given by the Government representative indicating that the national tripartite committee had recommended various amendments to the legislation in order to bring it into full conformity with the Convention. The Committee welcomed such proposed amendments but, given that such action had been due for some time, it urged the Government to speed up the process of amendment. It hoped to be in a position to find the legislation appropriately amended in the near future and took note, in this respect, of the pledge of the Government representative to send copies of all texts as soon as they were available.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

A representative of the Popular Administration, after stating that the comments of the Committee of Experts referred principally to certain penalties provided by the 1972 Publications Act, said that a tripartite committee had been established and had reached the same conclusions as the Committee of Experts. The Report of the tripartite committee would be submitted to the competent authorities in the very near future, and it contained a global and exhaustive examination of legal texts, with proposals for amending those aspects not in conformity with the Convention, on the lines of the comments made by the Committee of Experts. He announced their intention to respect commitments under international labour standards and to provide to the Office before the next session the text of the report of the tripartite committee together with further relevant information requested by the Committee of Experts.

The Workers' member noted the positive dialogue and the goodwill of the Government. The tripartite committee referred to be the Government representative had reached the same conclusion as the Committee of Experts, so it could be hoped that national law of practice would be brought into conformity with the Convention and that the Government could provide information in this respect to the next meeting of the Committee of Experts. They hoped that the next report would thus not only contain the conclusions of the above-mentioned tripartite committee, but also indicate follow-up action so that progress could then be noted in the application of this important Convention, both in legislation and in practice.

The Employer's members recalled that for a number of years the Penal Code and other laws had contained provisions which were not in conformity with the Convention on the abolition of forced labour. They welcomed the fact that the matters raised by the Committee of Experts had been examined and that the Government was willing to amend its legislation in order to obtain full conformity with the Convention. It was to be hoped that in the near future progress could be noted in the application of the Convention.

The representative of the Popular Administration thanked the Workers' and Employers' members for their statements, and said he hoped that in the next meeting of the present committee his country would be able to justify the confidence placed in it.

The Committee took note of the information provided by the Government representative and the measures proposed by the Government to bring its legislation into conformity with the Convention. The Committee expressed the hope that the Government would take the necessary action as soon as possible and provide full information on progress achieved.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Repetition

Article 1(c) and (d) of the Convention. Sanctions involving compulsory labour as a punishment for breaches of labour discipline or participation in strikes. For a number of years, the Committee has been referring to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population. The Committee also noted the Government’s indication that following the establishment of the revolutionary Transnational Council, laws that were not in conformity with the principles of freedom and democracy were suspended. Once the first Government was formed, ministerial sectors sought to draft new legislation including a trade unions act. These bills had not been promulgated yet because no national Constitution had been promulgated.

The Committee notes the Government’s indication in its report that forced labour is prohibited under section 37 of Labour Relations Act No. 12 of 2010, and that the use of forced labour in order to coerce, mobilize mass labour, to compel a person to work after the submission of a resignation; or as means of labour discipline or discrimination, is prohibited under section 39 of the implementing regulations for Act No. 12 of 2012.The Committee requests the Government to provide information on the application of sections 237 and 238 of the Penal Code in practice, including any prosecutions carried out or court decisions handed down, as well as the sanctions applied.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been referring to various provisions of the Publications Act No. 76 of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also noted the Government’s indication that the Publications Act would be amended to take into account the Committee’s comments. Moreover, following the establishment of the revolutionary Transnational Council, laws that were not in conformity with the principles of freedom and democracy were suspended, including the Publications Act. The Committee noted furthermore from the Report on the Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya that journalists had faced serious harassment and death threats; some had been subjected to arbitrary detention and abduction. Journalists also faced criminal prosecution for defamation and libel for writing on political matters (2016 A/HRC/31/47, paragraph 50).

The Committee notes that in its report the Government refers to certain sections of the Publications Bill, indicating that the Bill is still being studied and amended and will be transmitted to the legislative authority as soon as it is completed. The Committee draws the Government’s attention to the fact that the purpose of the Convention is to ensure that no form of compulsory labour, including compulsory prison labour, is used in the circumstances specified in the Convention. However, the Committee has observed that under various provisions of the abovementioned legislation, penalties of imprisonment involving compulsory labour may be imposed and are therefore not in line with the Convention.

Moreover, the Committee observes that according to the report of the United Nations High Commissioner for Human Rights of 2018, media professionals, activists and human rights defenders had their rights to freedom of expression and association restricted and were subjected to abductions, and arbitrary detention (A/HRC/37/46, paragraph 47). The Committee is therefore bound to express its deep concern at the current human rights situation in the country and recalls that restrictions on fundamental rights and liberties, including freedom of expression, may have a bearing on the application of the Convention, if such measures are enforced by sanctions involving compulsory labour.While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee trusts that the necessary measures will be taken to bring the Publications Act No. 76 of 1972 into conformity with the Convention, and requests the Government to provide information on the progress made in this regard.

The Committee invites the Government to avail itself of technical assistance from the Office in order to facilitate the implementation of the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(c) and (d) of the Convention. Sanctions involving compulsory labour as a punishment for breaches of labour discipline or participation in strikes. For a number of years, the Committee has been referring to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population. The Committee also noted the Government’s indication that following the establishment of the revolutionary Transnational Council, laws that were not in conformity with the principles of freedom and democracy were suspended. Once the first Government was formed, ministerial sectors sought to draft new legislation including a trade unions act. These bills had not been promulgated yet because no national Constitution had been promulgated.

The Committee notes the Government’s indication in its report that forced labour is prohibited under section 37 of Labour Relations Act No. 12 of 2010, and that the use of forced labour in order to coerce, mobilize mass labour, to compel a person to work after the submission of a resignation; or as means of labour discipline or discrimination, is prohibited under section 39 of the implementing regulations for Act No. 12 of 2012. The Committee requests the Government to provide information on the application of sections 237 and 238 of the Penal Code in practice, including any prosecutions carried out or court decisions handed down, as well as the sanctions applied.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been referring to various provisions of the Publications Act No. 76 of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also noted the Government’s indication that the Publications Act would be amended to take into account the Committee’s comments. Moreover, following the establishment of the revolutionary Transnational Council, laws that were not in conformity with the principles of freedom and democracy were suspended, including the Publications Act. The Committee noted furthermore from the Report on the Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya that journalists had faced serious harassment and death threats; some had been subjected to arbitrary detention and abduction. Journalists also faced criminal prosecution for defamation and libel for writing on political matters (2016 A/HRC/31/47, paragraph 50).

The Committee notes that in its report the Government refers to certain sections of the Publications Bill, indicating that the Bill is still being studied and amended and will be transmitted to the legislative authority as soon as it is completed. The Committee draws the Government’s attention to the fact that the purpose of the Convention is to ensure that no form of compulsory labour, including compulsory prison labour, is used in the circumstances specified in the Convention. However, the Committee has observed that under various provisions of the abovementioned legislation, penalties of imprisonment involving compulsory labour may be imposed and are therefore not in line with the Convention.

Moreover, the Committee observes that according to the report of the United Nations High Commissioner for Human Rights of 2018, media professionals, activists and human rights defenders had their rights to freedom of expression and association restricted and were subjected to abductions, and arbitrary detention (A/HRC/37/46, paragraph 47). The Committee is therefore bound to express its deep concern at the current human rights situation in the country and recalls that restrictions on fundamental rights and liberties, including freedom of expression, may have a bearing on the application of the Convention, if such measures are enforced by sanctions involving compulsory labour. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee trusts that the necessary measures will be taken to bring the Publications Act No. 76 of 1972 into conformity with the Convention, and requests the Government to provide information on the progress made in this regard.

The Committee invites the Government to avail itself of technical assistance from the Office in order to facilitate the implementation of the Convention.

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

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(a), (c) and (d) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views, for breaches of labour discipline or participation in strikes. For a number of years, the Committee has been referring to various provisions of the Publications Act No. 76 of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population. The Committee also noted the Government’s indication in its previous reports that the Publications Act would be amended to take into account the Committee’s comments.

The Committee notes the Government’s indication in its report that following the establishment of the revolutionary Transnational Council, laws that were not into conformity with the principles of freedom and democracy were suspended, including Publications Act. Once the first Government was formed, ministerial sectors sought to draft new legislation including, a trade unions act, a civil society organizations regulatory act and a press act. These bills have not been promulgated yet because no national Constitution has been promulgated. The Government also indicates that, once a permanent Constitution is promulgated, the bills will be submitted to the competent authority for promulgation.

The Committee notes furthermore from the Report on the Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya of 15 February 2016 that journalists have faced serious harassment and death threats; some have been subjected to arbitrary detention, abduction and attempted assassination. Female journalists have also been targeted on the basis of their gender. The deaths of several journalists reported to OHCHR require further investigation. Media offices have been raided and attacked. Journalists also face criminal prosecution for defamation and libel for writing on political matters (A/HRC/31/47, paragraph 50).

The Committee must express its deep concern at the current human rights situation in the country and recalls that restrictions on fundamental rights and liberties, including freedom of expression, may have a bearing on the application of the Convention, if such measures are enforced by sanctions involving compulsory labour. While remaining aware of the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee urges the Government to take the necessary measures to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee trusts that the necessary measures will be taken to bring its legislation into conformity with the Convention, and requests the Government to provide information on the progress made with regards to the adoption of the new legislation.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(a), (c) and (d) of the Convention. Sanctions for expressing political views, for breaches of labour discipline or participation in strikes. The Committee has been referring for many years to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population.

The Committee also noted the Government’s indication in its previous reports that the abovementioned Publications Act No. 76 of 1972 would be amended and the Committee’s comments had been taken into account in the new draft Act under consideration. The Government also indicated that the draft amended Act had been submitted to the 2008 session of the Basic People’s Congresses.

The Committee notes however, an absence of information in the Government’s report as regards the abovementioned amendments. The Committee therefore hopes that the Government will provide in its next report any relevant information highlighting the progress made in this respect, and that in the framework of the amendment of the Publications Act No. 76 of 1972, as well as the provisions of the Penal Code referred to above, it will ensure that no penalties involving compulsory labour may be imposed as a punishment on persons who have expressed certain political or ideological opinions or who have committed breaches of labour discipline or participated peacefully in strikes. The Committee asks the Government to supply copies of the amended texts, as soon as they are adopted, as well as copies of the legislative texts governing the establishment, functioning and dissolution of associations and political parties and hopes that the Government will not fail to supply such copies with its next report.

Observation (CEACR) - adopted 2010, published th ILC session ()

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a), (c) and (d) of the Convention. Sanctions for expressing political views, for breaches of labour discipline or participation in strikes. Since many years, the Committee has been referring to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population.

The Committee notes the Government’s indication in its report that the abovementioned Publications Act No. 76 of 1972 will be amended and the Committee’s comments have been taken into account in the draft new Act under consideration. The Government also indicates that the draft amended Act has been submitted to the 2008 session of the Basic People’s Congresses. The Committee notes, however, that no new information has been supplied as regards the amendment of sections 237 and 238 of the Penal Code referred to above, though the Government has repeatedly expressed its intention to amend them in its earlier reports.

The Committee trusts that Publications Act No. 76 of 1972, as well as the provisions of the Penal Code referred to above, will be amended in the near future, in order to bring legislation into conformity with the Convention, so as to ensure that no penalties involving compulsory labour may be imposed as a punishment on persons who have expressed certain political or ideological opinions or who have committed breaches of labour discipline or participated in strikes. The Committee asks the Government to supply copies of the amended texts, as soon as they are adopted.

Supply of legislation. The Committee asks the Government once again to provide copies of the legislative texts governing the establishment, functioning and dissolution of associations and political parties and hopes that the Government will not fail to supply such copies with its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1(a), (c) and (d) of the Convention. Sanctions for expressing political views, for breaches of labour discipline or participation in strikes. Since many years, the Committee has been referring to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population.

The Committee notes the Government’s indication in its report that the abovementioned Publications Act No. 76 of 1972 will be amended and the Committee’s comments have been taken into account in the draft new Act under consideration. The Government also indicates that the draft amended Act has been submitted to the 2008 session of the Basic People’s Congresses. The Committee notes, however, that no new information has been supplied as regards the amendment of sections 237 and 238 of the Penal Code referred to above, though the Government has repeatedly expressed its intention to amend them in its earlier reports.

The Committee trusts that Publications Act No. 76 of 1972, as well as the provisions of the Penal Code referred to above, will be amended in the near future, in order to bring legislation into conformity with the Convention, so as to ensure that no penalties involving compulsory labour may be imposed as a punishment on persons who have expressed certain political or ideological opinions or who have committed breaches of labour discipline or participated in strikes. The Committee asks the Government to supply copies of the amended texts, as soon as they are adopted.

Supply of legislation. The Committee asks the Government once again to provide copies of the legislative texts governing the establishment, functioning and dissolution of associations and political parties and hopes that the Government will not fail to supply such copies with its next report.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(a), (c) and (d) of the Convention. Sanctions for expressing political views, for breaches of labour discipline or participation in strikes. Since many years, the Committee has been referring to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services, the interruption of which would not endanger the life, personal safety or health of the whole or part of the population.

In its earlier comments, the Committee noted that Act No. 20 of 1991 on the promotion of freedom proclaims the right of citizens to express their opinion and that point 2 of the Green Book on Human Rights prohibits punishments such as forced labour or long-term imprisonment. It also noted the Government’s indications to the effect that the abovementioned provisions of the Publications Act No. 76 of 1972 and of the Penal Code would be amended, and that under section 2 of Act No. 5 of 1991 on the application of the principles of the Green Book on Human Rights, amendments must be drawn up within a period of one year.

While noting the Government’s repeated confirmation of its intention to amend the provisions of Publications Act No. 76 of 1972 and the Penal Code referred to above, in accordance with the Convention and the provisions of Act No. 20 of 1991 on the promotion of freedom, the Committee expresses the firm hope that the necessary amendments will be made in the near future so as to ensure that no penalties involving compulsory labour may be imposed as a punishment on persons who have expressed certain political or ideological opinions or who have committed breaches of labour disciplines or participated in strikes. It asks the Government to supply the copies of the amended texts as soon as they are adopted.

Supply of legislation. The Committee asks the Government once again to provide copies of the legislative texts governing the establishment, functioning and dissolution of associations and political parties.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the information provided by the Government in reply to its earlier comments.

1. Article 1(a), (c) and (d) of the Convention. Over a number of years, the Committee has been referring to various provisions of Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population.

The Committee previously noted that Act No. 20 of 1991 on the promotion of freedom proclaims the right of citizens to express their opinion, and that point 2 of the Green Book on Human Rights prohibits punishments such as forced labour or long-term imprisonment. It also noted the Government’s indications to the effect that the abovementioned provisions of Publications Act No. 76 of 1972 and of the Penal Code would be amended, and that under section 2 of Act No. 5 of 1991 on the application of the principles of the Green Book on Human Rights, amendments must be drawn up within a period of one year.

In its reports received in 2000 and 2001, the Government reaffirms its intention to amend the provisions of Publications Act No. 76 of 1972 and the Penal Code referred to above, so as to ensure compliance with the Convention.

The Committee trusts that the necessary amendments will be made in the near future so as to ensure that no penalties involving compulsory labour may be imposed as a punishment on persons who have expressed certain political or ideological opinions or who have committed breaches of labour disciplines or participated in strikes, and that copies of the amendments will be forwarded to the ILO, as soon as they are adopted.

2. The Committee previously noted from the Government’s report that the Orders of the Higher Council of the Revolution of 1969, the texts of which it had been requesting, became null and void following the promulgation of Acts Nos. 5 and 20 of 1991. It also noted that section 35 of Act No. 20 of 1991 provides that all conflicting legislation has to be amended.

The Government reaffirms in its latest report that the Orders in question are no longer valid. The Committee reiterates its hope that the necessary measures will be taken to formally repeal these texts and that copies of the repealing texts will be communicated, as soon as they are adopted. It also once more expresses the hope that the legislative texts governing the establishment, functioning and dissolution of associations and political parties will be sent to the ILO.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters.

1. Article 1(a), (c) and (d) of the Convention. In the comments it has been making for a number of years, the Committee has referred to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population. In its earlier comments the Committee noted the information supplied by the Government to the effect that Act No. 5 of 1991 on the application of the principles of the Green Book on Human Rights, and Act No. 20 of 1991 on the promotion of freedom, proclaim the right of each citizen to express his opinion, that Part 2 of the Green Book prohibits penalties such as forced labour, and that the provisions of the Publications Act No. 76 of 1972 and of the Penal Code would be amended. It also noted that under section 2 of Act No. 5 of 1991, amendments must be drawn up within a period of one year. In its latest report, received in 1995, the Government reaffirms its intention to amend the provisions of the Publications Act No. 76 of 1972, and the Penal Code, referred to above, within the period of time prescribed in section 2 of Act No. 5, so as to ensure compliance with the Convention. The Committee hopes that the amendments will now be made and that they will ensure that no penalties involving compulsory labour may be imposed as a punishment on persons who have expressed certain political or ideological opinions or who have committed breaches of labour disciplines or participated in strikes. The Committee hopes that the Government will soon be in a position to supply a copy of the provisions adopted to this end. 2. In its earlier comments the Committee noted the information provided by the Government in 1992 in reply to its comments, to the effect that the Orders of the Higher Council of the Revolution of 1969, the texts of which it had been requesting, became null and void following the promulgation of Acts Nos. 5 and 20 of 1991. The Committee noted that the text of Act No. 5 of 1991 had not been included in the list of texts transmitted by the Government and that section 35 of Act No. 20 of 1991 provides in general terms that all conflicting legislation is amended. It also noted that the Orders in question on the defence of the revolution (of 11 December 1969) and on trials for political and administration corruption (of 26 October 1969) are explicitly referred to in section 5(A)(8) of the Publications Act No. 76 of 1972. The Committee requested the Government to indicate the measures taken to formally repeal the texts in question and to transmit copies of the provisions adopted to this effect. In the absence of a reply, the Committee again expresses the hope that the Government will supply copies of the Orders of 1969 or of any provisions repealing them, as well as copies of Act No. 5 of 1991 of the Green Book on Human Rights and the legislative texts governing the establishment, functioning and dissolution of associations and political parties.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 1(a), (c) and (d) of the Convention. In the comments it has been making for a number of years, the Committee has referred to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population. In its earlier comments the Committee noted the information supplied by the Government to the effect that Act No. 5 of 1991 on the application of the principles of the Green Book on Human Rights, and Act No. 20 of 1991 on the promotion of freedom, proclaim the right of each citizen to express his opinion, that part 2 of the Green Book prohibits penalties such as forced labour, and that the provisions of the Publications Act No. 76 of 1972 and of the Penal Code would be amended. It also noted that under section 2 of Act No. 5 of 1991, amendments must be drawn up within a period of one year. In its latest report, received in 1995, the Government reaffirms its intention to amend the provisions of the Publications Act No. 76 of 1972, and the penal Code, referred to above, within the period of time prescribed in section 2 of Act No. 5, so as to ensure compliance with the Convention. The Committee hopes that the amendments will now be made and that they will ensure that no penalties involving compulsory labour may be imposed as a punishment on persons who have expressed certain political or ideological opinions or who have committed breaches of labour disciplines or participated in strikes. The Committee hopes that the Government will soon be in a position to supply a copy of the provisions adopted to this end. 2. In its earlier comments the Committee noted the information provided by the Government in 1992 in reply to its comments, to the effect that the Orders of the Higher Council of the Revolution of 1969, the texts of which it had been requesting, became null and void following the promulgation of Acts Nos. 5 and 20 of 1991. The Committee noted that the text of Act No. 5 of 1991 had not been included in the list of texts transmitted by the Government and that section 35 of Act No. 20 of 1991 provides in general terms that all conflicting legislation is amended. It also noted that the Orders in question on the defence of the revolution (of 11 December 1969) and on trials for political and administration corruption (of 26 October 1969) are explicitly referred to in section 5(A)(8) of the Publications Act No. 76 of 1972. The Committee requested the Government to indicate the measures taken to formally repeal the texts in question and to transmit copies of the provisions adopted to this effect. In the absence of a reply, the Committee again expresses the hope that the Government will supply copies of the Orders of 1969 or of any provisions repealing them, as well as copies of Act No. 5 of 1991 of the Green Book on Human Rights and the legislative texts governing the establishment, functioning and dissolution of associations and political parties.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 1(a), (c) and (d) of the Convention. In the comments it has been making for a number of years, the Committee has referred to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population. In its earlier comments the Committee noted the information supplied by the Government to the effect that Act No. 5 of 1991 on the application of the principles of the Green Book on Human Rights, and Act No. 20 of 1991 on the promotion of freedom, proclaim the right of each citizen to express his opinion, that part 2 of the Green Book prohibits penalties such as forced labour, and that the provisions of the Publications Act No. 76 of 1972 and of the Penal Code would be amended. It also noted that under section 2 of Act No. 5 of 1991, amendments must be drawn up within a period of one year. In its latest report, received in 1995, the Government reaffirms its intention to amend the provisions of the Publications Act No. 76 of 1972, and the penal Code, referred to above, within the period of time prescribed in section 2 of Act No. 5, so as to ensure compliance with the Convention. The Committee hopes that the amendments will now be made and that they will ensure that no penalties involving compulsory labour may be imposed as a punishment on persons who have expressed certain political or ideological opinions or who have committed breaches of labour disciplines or participated in strikes. The Committee hopes that the Government will soon be in a position to supply a copy of the provisions adopted to this end. 2. In its earlier comments the Committee noted the information provided by the Government in 1992 in reply to its comments, to the effect that the Orders of the Higher Council of the Revolution of 1969, the texts of which it had been requesting, became null and void following the promulgation of Acts Nos. 5 and 20 of 1991. The Committee noted that the text of Act No. 5 of 1991 had not been included in the list of texts transmitted by the Government and that section 35 of Act No. 20 of 1991 provides in general terms that all conflicting legislation is amended. It also noted that the Orders in question on the defence of the revolution (of 11 December 1969) and on trials for political and administration corruption (of 26 October 1969) are explicitly referred to in section 5(A)(8) of the Publications Act No. 76 of 1972. The Committee requested the Government to indicate the measures taken to formally repeal the texts in question and to transmit copies of the provisions adopted to this effect. In the absence of a reply, the Committee again expresses the hope that the Government will supply copies of the Orders of 1969 or of any provisions repealing them, as well as copies of Act No. 5 of 1991 of the Green Book on Human Rights and the legislative texts governing the establishment, functioning and dissolution of associations and political parties.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its report.

1. Article 1(a), (c) and (d) of the Convention. In the comments it has been making for a number of years, the Committee has referred to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population.

In its earlier comments the Committee noted the information supplied by the Government to the effect that Act No. 5 of 1991 on the application of the principles of the Green Book on Human Rights, and Act No. 20 of 1991 on the promotion of freedom, proclaim the right of each citizen to express his opinion, that part 2 of the Green Book prohibits penalties such as forced labour, and that the provisions of the Publications Act No. 76 of 1972 and of the Penal Code would be amended. It also noted that under section 2 of Act No. 5 of 1991, amendments must be drawn up within a period of one year.

In its latest report, received in 1995, the Government reaffirms its intention to amend the provisions of the Publications Act No. 76 of 1972, and the penal Code, referred to above, within the period of time prescribed in section 2 of Act No. 5, so as to ensure compliance with the Convention.

The Committee hopes that the amendments will now be made and that they will ensure that no penalties involving compulsory labour may be imposed as a punishment on persons who have expressed certain political or ideological opinions or who have committed breaches of labour disciplines or participated in strikes.

The Committee hopes that the Government will soon be in a position to supply a copy of the provisions adopted to this end.

2. In its earlier comments the Committee noted the information provided by the Government in 1992 in reply to its comments, to the effect that the Orders of the Higher Council of the Revolution of 1969, the texts of which it had been requesting, became null and void following the promulgation of Acts Nos. 5 and 20 of 1991.

The Committee noted that the text of Act No. 5 of 1991 had not been included in the list of texts transmitted by the Government and that section 35 of Act No. 20 of 1991 provides in general terms that all conflicting legislation is amended. It also noted that the Orders in question on the defence of the revolution (of 11 December 1969) and on trials for political and administration corruption (of 26 October 1969) are explicitly referred to in section 5(A)(8) of the Publications Act No. 76 of 1972. The Committee requested the Government to indicate the measures taken to formally repeal the texts in question and to transmit copies of the provisions adopted to this effect.

In the absence of a reply, the Committee again expresses the hope that the Government will supply copies of the Orders of 1969 or of any provisions repealing them, as well as copies of Act No. 5 of 1991 of the Green Book on Human Rights and the legislative texts governing the establishment, functioning and dissolution of associations and political parties.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that no report has been received from the Government. It must, therefore, repeat its previous observation on the following points:

1. Article 1(a), (c) and (d) of the Convention. In the comments it has been making for a number of years, the Committee has referred to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population. The Committee has noted the information supplied by the Government to the effect that Act No. 5 of 1991 on the application of the principles of the Green Book on Human Rights, and Act No. 20 of 1991 on the promotion of freedom, proclaim the right of each citizen to express his opinion, and that part 2 of the Green Book prohibits penalties such as forced labour. It also notes that under section 2 of Act No. 5 of 1991, amendments must be drawn up within a period of one year and that the provisions of the Publications Act No. 76 of 1972 and of the Penal Code will be amended. The Committee hopes that the envisaged amendments will provide for the exemption from compulsory labour imposed as a punishment or means of coercion or political education on persons who have expressed certain political or ideological opinions and that they will abolish forced or compulsory labour as a measure of labour discipline. The Committee requests the Government to supply information on the work that has been undertaken to amend the legislation and to transmit the relevant texts. 2. The Committee has noted the information provided by the Government in 1992 in reply to its comments, to the effect that the Orders of the Higher Council of the Revolution of 1969, the texts of which it had been requesting, became null and void following the promulgation of Acts Nos. 5 and 20 of 1991. The Committee notes that section 35 of Act No. 20 of 1991 provides in general terms that all conflicting legislation is amended. It also notes that the Orders in question on the defence of the revolution (of 11 December 1969) and on trials for political and administrative corruption (of 26 October 1969) are explicitly referred to in section 5(A)(8) of the Publications Act No. 76 of 1972. The Committee requests the Government to indicate the measures that have been taken to formally repeal the texts in question and to transmit the provisions adopted to this effect. The Committee notes that the text of Act No. 5 of 1991 was not included in the list of texts transmitted by the Government. It requests the Government to supply the text of this Act and of all other texts referred to above, and particularly the Green Book on Human Rights and the legislative texts concerning the establishment, functioning and dissolution of associations and political parties.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report dated 28 May 1992 and the information supplied by the Government to the Conference Committee in June 1992.

1. Article 1(a), (c) and (d) of the Convention. In the comments it has been making for a number of years, the Committee has referred to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population.

The Committee notes the information supplied by the Government to the effect that Act No. 5 of 1991 on the application of the principles of the Green Book on Human Rights, and Act No. 20 of 1991 on the promotion of freedom, proclaim the right of each citizen to express his opinion, and that part 2 of the Green Book prohibits penalties such as forced labour. It also notes that under section 2 of Act No. 5 of 1991, amendments must be drawn up within a period of one year and that the provisions of the Publications Act No. 76 of 1972 and of the Penal Code will be amended.

The Committee hopes that the envisaged amendments will provide for the exemption from compulsory labour imposed as a punishment or means of coercion or political education on persons who have expressed certain political or ideological opinions and that they will abolish forced or compulsory labour as a measure of labour discipline.

The Committee requests the Government to supply information on the work that has been undertaken to amend the legislation and to transmit the relevant texts.

2. The Committee notes the indications provided by the Government, in reply to its comments, to the effect that the Orders of the Higher Council of the Revolution of 1969, the texts of which it had been requesting, became null and void following the promulgation of Acts Nos. 5 and 20 of 1991.

The Committee notes that section 35 of Act No. 20 of 1991 provides in general terms that all conflicting legislation is amended. It also notes that the Orders in question on the defence of the revolution (of 11 December 1969) and on trials for political and administrative corruption (of 26 October 1969) are explicitly referred to in section 5(A)(8) of the Publications Act No. 76 of 1972. The Committee requests the Government to indicate the measures that have been taken to formally repeal the texts in question and to transmit the provisions adopted to this effect.

The Committee notes that the text of Act No. 5 of 1991 was not included in the list of texts transmitted by the Government. It requests the Government to supply the text of this Act and of all other texts referred to above, and particularly the Green Book on Human Rights and the legislative texts concerning the establishment, functioning and dissolution of associations and political parties.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report and the discussions that took place at the Conference Committee in 1991.

1. Article 1(a), (c) and (d) of the Convention. In comments it has been making for a number of years, the Committee has referred to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment involving compulsory labour may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population.

The Committee has pointed out in paragraphs 102 to 109 of its General Survey of 1979 on the Abolition of Forced Labour that the Convention does not prohibit the exaction from common offenders of compulsory labour intended to reform or rehabilitate them. The Committee has stressed, however, that this same need does not arise in the case of persons protected by the Convention: in the case of persons punished for having expressed certain political views, an intention to reform or educate them through labour would in itself be covered by the express terms of the Convention, which applies, inter alia, to any form of compulsory labour as a means of political education.

The Committee notes the information supplied by the Government and, in particular, the reports of the national committee responsible for examining international labour Conventions and Recommendations. According to these reports, although the national committee is not convinced of the need to abolish the obligation to work which, in its opinion, enables prisoners to be reintegrated into the labour market and does not constitute labour, it recommends that the legislation be amended to provide that prisoners may work if they so wish.

The Committee notes that the Government already mentioned a similar reform of the legislation in its report received in 1988, and hopes that the Government will shortly provide information on the legislative amendments adopted to ensure that effect is given to the Convention in this respect.

2. The Committee hopes that the Government will provide copies of the following texts referred to previously: the Green Paper on human rights, the Orders of the Higher Council of the Revolution of 11 December 1969 respecting the defence of the revolution and of 26 October 1969 respecting the judgement of those responsible for political and administrative corruption, which are referred to in section 5(A)(8) of the Publications Act; all legislative texts concerning the establishment, operation and disbanding of associations and political parties.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that the Government's report has not been received. The Committee has, however, taken note of the discussion which took place in the Conference Committee in 1990. The Committee notes that in its statement to the Conference Committee a Government representative indicated that a "green paper" on human rights covering all human rights Conventions had been communicated to the General Peoples' Congress and would be submitted to the Office, as well as all texts which were to be amended in the future.

The Committee expresses the hope that the Government will communicate the afore-mentioned documents and provide full information on the following matters raised in its previous observation:

1. Article 1(a), (c) and (d) of the Convention. In comments made for a number of years, the Committee has referred to various provisions of the Publications Act of 1972, under which persons expressing certain political views, or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee has likewise referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment involving compulsory labour may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes even in services whose interruption would not endanger the life, personal safety or health of the whole or part of the population. The Committee has asked the Government to indicate the measures taken to bring these provisions into conformity with the Convention. It also has asked for information on the practical application of a number of other provisions of the Penal Code, in order the ascertain the observance of the Convention.

The Committee noted with interest from the Government's report received in 1988 that the tripartite Committee established at the national level to examine its comments, although of the opinion that the work performed by prisoners permitted the learning of a trade which might be useful upon release from prison, nevertheless had recognised obligations under the Convention and had recommended, therefore, that national legislation be harmonised with the Convention so as to assure the freedom of prisoners with regard to work.

The Committee has pointed out in paragraphs 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour that the Convention does not prohibit the exaction from common offenders of compulsory labour intended to reform or rehabilitate them, but protects a limited range of persons where the same need does not arise. In the case of persons punished for expressing certain political views an intention to reform or educate them through labour would, in itself, be covered by the express terms of the Convention, which applies, inter alia, to any form of compulsory labour as a means of political education. In many countries, the law has traditionally accorded to prisoners convicted of certain political offences a special status under which they are free from prison labour imposed on common offenders, although they may work on request. The Committee hopes that the Government will provide information on any legislative amendments adopted to ensure the observance of Article 1(a), (c) and (d) of the Convention with regard to persons convicted under the relevant provisions of the Publications Act and the Penal Code. Pending amendment of the legislation, the Committee requests the Government to supply information on the practical application (including court decisions defining their scope) of sections 237 and 238 of the Penal Code, as well as sections 175, 195, 206, 207, 220, 221, 245 and 291 of the same Code.

2. Supply of legislative texts. For a number of years the Committee has asked the Government (a) to furnish the text of the Orders of the Higher Council of the Revolution of 11 December 1969 respecting the defence of the revolution and of 26 October 1969 respecting the judgement of those responsible for political and administrative corruption, which are referred to in section 5(A)(8) of the Publications Act; and (b) to furnish all legislative texts concerning the establishment, operation and dissolution of associations and political parties. The Committee hopes that these texts will soon be supplied, so as to enable it to ascertain the observance of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee notes the information provided by the Government in its report received in 1988 and in its statement to the Conference Committee in 1987, as well as the discussion which took place in the Conference Committee. 1. Article 1(a), (c) and (d) of the Convention. In comments made for a number of years, the Committee has referred to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee has likewise referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment involving compulsory labour may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes even in services whose interruption would not endanger the life, personal safety or health of the whole or part of the population. The Committee has asked the Government to indicate the measures taken to bring these provisions into conformity with the Convention. It also has asked for information on the practical application of a number or other provisions of the Penal Code, in order to ascertain the observance of the Convention. The Committee noted with interest from the Government's report received in 1988 that the tripartite Committee established at the national level to examine its comments, although of the opinion that the work performed by prisoners permitted the learning of a trade which might be useful upon release from prison, nevertheless has recognised obligations under the Convention and has recommended, therefore, that national legislation be harmonised with the Convention so as to assure the freedom of prisoners with regard to work. The Committee has pointed out in paragraphs 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour that the Convention does not prohibit the exaction from common offenders of compulsory labour intended to reform or rehabilitate them, but protects a limited range of persons where the same need does not arise. In the case of persons punished for expressing certain political views an intention to reform or educate them through labour would in itself be covered by the express terms of the Convention, which applies, inter alia, to any form of compulsory labour as a means of political education. In many countries, the law has traditionally accorded to prisoners convicted of certain political offences a special status under which they are free from prison labour imposed on common offenders, although they may work on request. The Committee offenders, although they may work on request. The Committee looks forward to learning of the legislative amendments announced by the Government to ensure the observance of Article 1(a), (c) and (d) of the Convention with regard to persons convicted under the relevant provisions of the Publications Act and the Penal Code. Pending amendment of the legislation, the Committee requests the Government to supply information on the practical application (including court decisions defining their scope)of sections 237 and 238 of the Penal Code, as well as sections 175, 195,206, 207, 220, 221, 245 and 291 of the same code. 2. Supply of legislative texts. For a number of years the Committee has asked the Government (a) to furnish the text of the Orders of the Higher Council of the Revolution of 11 December 1969 respecting the defense of the revolution and of 26 October 1969 respecting the judgement of those responsible for political and administrative corruption, which are referred to in section 5(A)(8) of the Publications Act; and (b) to furnish all legislative texts concerning the establishment, operation and dissolution of associations and political parties.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.