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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(a) of the Convention. Freedom of association. The Committee previously noted the Government’s information that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of Act No. L/2005/013/AN issuing regulations for associations, by assuming the administration of an association without agreement or maintaining an association after its dissolution shall be liable to imprisonment or a fine, or to one of those penalties (section 37 of the Act, which, according to the Government, refers to the provisions of section 593 of the Criminal Code). The Committee therefore noted that prison sentences involving compulsory labour (under Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG, and the 2016 Criminal Code) could be imposed for infringements of the provisions of the Act establishing the system of associations. It requested the Government to provide information on the application in practice of section 37 of the Act.

The Government indicates in its report that no conviction has been handed down under section 37 of the Act establishing the system of associations. The Committee also notes that, in its concluding observations of 30 March 2020, the United Nations Committee on Economic, Social and Cultural Rights refers to a preliminary bill intended to amend Act No. L/2005/013/AN of 4 July 2005 on the system of associations (E/C.12/GIN/CO/1). The Committee takes this opportunity to recall that, under the terms of Article 1(a) of the Convention, no penalty involving compulsory labour, including compulsory prison labour, may be imposed on persons for holding or expressing political views or for expressing their ideological opposition to the established political, social or economic system. The Committee requests the Government to continue providing information on any criminal penalty handed down for violations of the provisions of Act No. L/2005/013/AN establishing the system of associations (under section 37 of the Act), and, where possible, on the acts giving rise to these convictions. It also requests the Government to provide a copy of any new legislation amending the Act establishing the system of associations.

Communication of legislation. The Committee requests the Government to provide a copy of Decree No. 2016/309/PRG/SGG of 31 October 2016 establishing the prison regulations, and of any other text governing prison labour.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(a) of the Convention. Imposition of prison sentences 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 referred to several provisions of national legislation providing for prison sentences involving compulsory labour – under Decree No. 247/72/PREG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG, and the 2016 Criminal Code – for certain activities within the scope of application of Article 1(a) of the Convention. It noted the Government’s indications that some of these provisions were applied in practice, and requested the Government to ensure that no sanctions involving compulsory labour may be imposed, under the application of the following provisions, on persons who peacefully express views ideologically opposed to the established political, social or economic system:

• sections 363–366 of the Criminal Code, concerning defamation and abuse;
• sections 629, 630(1) and (2), 632(1), 634, 636(1) and (2) and 637 of the Criminal Code concerning organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related peaceful activities;
• sections 658–660, 662–665 and 739(1) of the Criminal Code, concerning insulting behaviour towards the Head of State and officers of the law, and towards the national anthem or the national or a foreign flag;
• sections 689–703 of the Criminal Code concerning breaches of public order caused by religious ministers in the performance of their ministry;
• sections 30 and 31 of Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties, concerning the act of founding, directing or administering a political party in violation of the law, or directing or administering a dissolved political party by maintaining or reconstituting it.

The Government indicates in its report that no prosecutions have been brought and therefore no convictions handed down on the basis of the above provisions. It states that, although no measure has been envisaged to limit the scope of application of these provisions, the Government will undertake a substantive reform to this end, within the framework of the restructuring of the State. The Government also indicates that no press-related offences have been punished by compulsory prison labour. It adds that awareness-raising campaigns are regularly organized by press associations as part of the dissemination of Organic Act No. L/2010/02/CNT of 22 June 2010 on freedom of the press, through interactive broadcasts and debates via radio and television channels. A significant number of judges and magistrates have participated in training in this regard.

The Committee also notes that, by decision of 13 May 2022, the transitional government prohibited any demonstration on public thoroughfares likely to compromise the social peace and the proper development of the activities in its calendar, specifying that any breach of this order would entail legal consequences against the perpetrator(s). In this regard, the Committee notes that in a letter addressed to the President of the Republic on 15 August 2022, the United Nations High Commissioner for Human Rights expressed his deep concern at recent developments in the human rights situation in the country, referring to a large number of arrests of demonstrators, including members of the political opposition and civil society. The High Commissioner also referred to a decision of the Government of 9 August 2022 aimed at dissolving the National Front for the Defence of the Constitution (FNDC), a collective of opposition political parties, trade unions and civil society organizations, which had initiated demonstrations.

The Committee requests the Government to take the necessary measures to ensure that no punishments involving compulsory labour, including as part of a prison sentence, may be imposed on persons who express certain political opinions or who peacefully express views ideologically opposed to the established system, including in the context of peaceful public demonstrations. The Committee hopes that, within the framework of the reform undertaken by the Government, the above provisions of the Criminal Code and of the Act of 23 December 1991 establishing a charter of political parties will be reviewed taking account of the requirements of the Convention, either by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing penalties involving compulsory labour. In the meantime, the Committee requests the Government to provide information on any convictions handed down under the above-mentioned provisions, and on the acts giving rise to the convictions. The Committee also requests the Government to specify the penalties imposed on persons who violate the prohibition on demonstrations on public thoroughfares.

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

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

Article 1(a) of the Convention. Freedom of association. The Committee previously noted Act No. L/2005/013/AN issuing regulations for associations. It noted that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee asked the Government to indicate the provisions laying down the criminal penalties to which section 37 refers.

The Committee notes the Government’s indication that the criminal penalties to which section 37 refers are defined in section 593 of the new Penal Code. It notes that the penalties set forth in section 593 of the Penal Code establish a prison sentence from six months to three years and a fine from 500,000 to 5,000,000 Guinean francs, or one of these two penalties alone. The Committee recalls that, under Article 1(a) of the Convention, persons who hold or express political views or views ideologically opposed to the established political, social or economic system cannot be punished by means of prison sentences involving labour, such as the prison sentences established in section 593 of the Penal Code. The Committee requests the Government to provide information on the manner in which section 37 of Act No. L/2005/013/AN issuing regulations for associations is applied in practice, including by sending a copy of any judicial decision that refers to it, so that it may assess to what extent these measures are compatible with the provisions of the Convention.

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

Article 1(a) of the Convention. Imposition of prison sentences 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 that, under Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged. The Committee asked the Government to provide information on the application in practice of certain provisions of Act No. 98/036 of 31 December 1998 issuing the Penal Code, Act No. 91/02/CTRN establishing a charter of political parties and Act No. 91/05/CTRN on freedom of the press, under the terms of which certain activities may be punished by prison sentences involving compulsory labour in circumstances which are covered by the Convention.

The Committee notes the Government’s indications, in its report, that a large number of provisions of the Penal Code of 1998 allowing the imposition of prison sentences involving compulsory labour have been maintained in Act No. 2016/059/AN of 26 October 2016 issuing the new Penal Code. The Government provides information on their application in practice. The provisions in question are as follows:

• -Sections 629, 630(1) and (2), 632(1), 634, 636(1) and (2) and 637 of the Penal Code of 2016, replacing sections 111(1) and (2), 113(1), 116, 109(1) and (2) and 121 of the Penal Code of 1998, which establish prison sentences for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related peaceful activities. The Committee notes the Government’s indication that these provisions have often been applied, during criminal proceedings resulting from unauthorized public political demonstrations. It notes the Government’s indication, in its report submitted to the Human Rights Committee in October 2017, that the legal framework for the right of peaceful assembly is set out in the Penal Code and in Act No. 2015/009/AN of 4 June 2015 on maintaining public order. The Government acknowledges in this regard that certain meetings can be prohibited and dispersed on vague grounds that can easily be misused, for example, if the meeting “might disturb the public peace” (CCPR/C/GIN/3, paragraph 216).
• -Section 704 of the Penal Code of 2016, reiterating section 214 of the Penal Code of 1998, concerning charlatanism, which provides that anyone who indulges in practices relating to sorcery, magic or charlatanism likely to disrupt public order or adversely affect persons or property shall be liable to imprisonment ranging from one to five years. The Committee notes the Government’s indication that this section has been applied on several occasions, and that the definition of this offense does not pose a particular problem.
• -Sections 689–703 of the Penal Code of 2016, reiterating sections 215–220 of the previous Penal Code, concerning breaches of public order caused by religious ministers in the performance of their ministry, which provides that any religious minister delivering an address at a public gathering containing remarks likely to disturb the peace or disrupt public order shall be liable to imprisonment ranging from three months to two years. The Government indicates that it has no knowledge of these sections being applied, owing to the country’s religious tolerance.
• -Sections 659, 662–665 and 739(1) of the new Penal Code, replacing sections 232 and 234–238 of the Penal Code of 1998, as well as section 658 of the new Penal Code, concerning insulting behaviour towards officials in authority and officers of the law, which provides that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to three years. The Government indicates that section 659 has been applied on several occasions, as a result of offenses committed by citizens against the Head of State.
• -Sections 363–366 of the Penal Code of 2016, previously sections 371–374, concerning defamation and abuse. The Committee notes that, according to the Government, these provisions are often used as a result of various acts of defamation and abuse likely to put individuals at odds.

The Committee takes due note of the Government’s indication that section 517(17) of the previous Penal Code, which provided that anyone who opposed, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, should be liable to imprisonment ranging from one to 15 days, has been removed from the new Penal Code. The Committee notes that other provisions of the new Penal Code of 2016 allow the imposition of prison sentences involving compulsory labour in circumstances which are covered by the provisions of the Convention, particularly section 660, which establishes a prison sentence ranging from 16 days to six months for any public insult to the national anthem, the national flag or a foreign flag.

The Committee notes the absence of information from the Government on the application in practice of sections 30 and 31 of Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties, which state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to prison sentences involving compulsory labour.

The Committee notes with interest that Organic Act No. L/2010/02/CNT of 22 June 2010 on freedom of the press, which replaced Organic Act No. 91/05/CTRN of 23 December 1991, no longer establishes prison sentences for press-related offenses. It notes that, in its report submitted to the Human Rights Committee in October 2017, the Government indicates that the press and printing presses operate in freedom and that there are 43 independent radio stations and a large number of newspapers in the country. The Government also acknowledges that isolated cases of violations of freedom of opinion and expression have occasionally been reported, including arrests of journalists (CCPR/C/GIN/3, paragraphs 202 and 203).

With reference to its 2012 General Survey on the fundamental Conventions (paragraphs 302 and 303), the Committee recalls that the range of activities which must be protected from punishment involving compulsory labour, under Article 1(a) of the Convention, comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. It also emphasizes that the Convention does not prohibit the application of punishments involving compulsory labour to persons who use violence, incite violence or prepare acts of violence. The Committee therefore requests the Government to take the necessary measures to ensure that no punishments involving compulsory labour are imposed, in law or practice, on persons who peacefully express views ideologically opposed to the established political, social or economic system. In this regard, it requests the Governments to amend the aforementioned sections of the Penal Code, by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing punishments involving compulsory labour. It requests the Government to provide information on any progress made in this respect. It also requests the Government to take the necessary measures to ensure that in practice press-related offences are not punished with compulsory prison labour. Lastly, the Committee requests the Government to indicate how section 660 of the Penal Code and sections 30 and 31 of Act No. 91/02/CTRN establishing a charter of political parties are applied in practice, and to provide a copy of Act No. 2015/009/AN on maintaining public order.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2007. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. 1. Sanctions of 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 notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

• – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non violent activities;
• – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
• – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
• – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
• – sections 371–374, concerning defamation and abuse;
• – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
• – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour; and
• – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

• – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
• – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
• – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
• – section 63, concerning the hawking of prohibited printed material;
• – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;
• – section 68, concerning seditious cries or chants uttered in public places or gatherings;
• – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
• – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
• – section 71, concerning insulting behaviour towards the President of the Republic;
• – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
• – section 73, which penalizes public decency offences by one of the means set forth in section 64; and
• – sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

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

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

Repetition

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. 1. Sanctions of 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 notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

• – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non violent activities;
• – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
• – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
• – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
• – sections 371–374, concerning defamation and abuse;
• – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
• – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour; and
• – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

• – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
• – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
• – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
• – section 63, concerning the hawking of prohibited printed material;
• – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;
• – section 68, concerning seditious cries or chants uttered in public places or gatherings;
• – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
• – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
• – section 71, concerning insulting behaviour towards the President of the Republic;
• – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
• – section 73, which penalizes public decency offences by one of the means set forth in section 64; and
• – sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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 adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. 1. Sanctions of 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 notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

• – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non violent activities;
• – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
• – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
• – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
• – sections 371–374, concerning defamation and abuse;
• – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
• – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour; and
• – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

• – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
• – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
• – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
• – section 63, concerning the hawking of prohibited printed material;
• – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audio-visual communication;
• – section 68, concerning seditious cries or chants uttered in public places or gatherings;
• – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
• – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
• – section 71, concerning insulting behaviour towards the President of the Republic;
• – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
• – section 73, which penalizes public decency offences by one of the means set forth in section 64; and
• – sections 74-79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further 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 matters raised in its previous comments.

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. 1. Sanctions of 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 notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

• – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non violent activities;
• – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
• – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
• – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
• – sections 371–374, concerning defamation and abuse;
• – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
• – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour; and
• – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

• – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
• – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
• – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
• – section 63, concerning the hawking of prohibited printed material;
• – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;
• – section 68, concerning seditious cries or chants uttered in public places or gatherings;
• – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
• – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
• – section 71, concerning insulting behaviour towards the President of the Republic;
• – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
• – section 73, which penalizes public decency offences by one of the means set forth in section 64; and
• – sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

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

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

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. 1. Sanctions of 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 notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

• – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non violent activities;
• – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
• – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
• – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
• – sections 271–374, concerning defamation and abuse;
• – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
• – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;
• – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

• – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
• – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
• – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
• – section 63, concerning the hawking of prohibited printed material;
• – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;
• – section 68, concerning seditious cries or chants uttered in public places or gatherings;
• – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
• – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
• – section 71, concerning insulting behaviour towards the President of the Republic;
• – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
• – section 73, which penalizes public decency offences by one of the means set forth in section 64;
• – sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. 1. Sanctions of 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 notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

• – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;
• – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
• – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
• – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
• – sections 271–374, concerning defamation and abuse;
• – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
• – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;
• – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

• – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
• – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
• – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
• – section 63, concerning the hawking of prohibited printed material;
• – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;
• – section 68, concerning seditious cries or chants uttered in public places or gatherings;
• – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
• – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
• – section 71, concerning insulting behaviour towards the President of the Republic;
• – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
• – section 73, which penalizes public decency offences by one of the means set forth in section 64;
• – sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. 1. Sanctions of 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 notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

• – sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;
• – section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;
• – sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;
• – sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;
• – sections 271–374, concerning defamation and abuse;
• – section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;
• – section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;
• – section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

• – sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;
• – section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);
• – section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;
• – section 63, concerning the hawking of prohibited printed material;
• – section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;
• – section 68, concerning seditious cries or chants uttered in public places or gatherings;
• – section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;
• – section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;
• – section 71, concerning insulting behaviour towards the President of the Republic;
• – section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;
• – section 73, which penalizes public decency offences by one of the means set forth in section 64;
• – sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. Sanctions of 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 notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

–      sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;

–      section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;

–      sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;

–      sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;

–      sections 271–374, concerning defamation and abuse;

–      section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;

–      section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;

–      section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

–      sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;

–      section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);

–      section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;

–      section 63, concerning the hawking of prohibited printed material;

–      section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;

–      section 68, concerning seditious cries or chants uttered in public places or gatherings;

–      section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;

–      section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;

–      section 71, concerning insulting behaviour towards the President of the Republic;

–      section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;

–      section 73, which penalizes public decency offences by one of the means set forth in section 64;

–      sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

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

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:

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1, subparagraph a, of the Convention. 1. Sanctions of 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 notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

–      sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;

–      section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;

–      sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;

–      sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;

–      sections 271–374, concerning defamation and abuse;

–      section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;

–      section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;

–      section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

–      sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;

–      section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);

–      section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;

–      section 63, concerning the hawking of prohibited printed material;

–      section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;

–      section 68, concerning seditious cries or chants uttered in public places or gatherings;

–      section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;

–      section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;

–      section 71, concerning insulting behaviour towards the President of the Republic;

–      section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;

–      section 73, which penalizes public decency offences by one of the means set forth in section 64;

–      sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. 1. Sanctions of 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 notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

–      sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;

–      section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;

–      sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;

–      sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;

–      sections 271–374, concerning defamation and abuse;

–      section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;

–      section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;

–      section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

–      sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;

–      section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);

–      section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;

–      section 63, concerning the hawking of prohibited printed material;

–      section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;

–      section 68, concerning seditious cries or chants uttered in public places or gatherings;

–      section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;

–      section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;

–      section 71, concerning insulting behaviour towards the President of the Republic;

–      section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;

–      section 73, which penalizes public decency offences by one of the means set forth in section 64;

–      sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

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

The Committee notes Act No. 98/036 of 31 December 1998 issuing the Penal Code. It also notes Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG. The Committee notes that, under section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged.

Article 1(a) of the Convention. 1. Sanctions of 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 notes that a certain number of provisions of the Penal Code allow the imposition of imprisonment involving compulsory labour (pursuant to section 73 of Decree No. 247/72/PRG and section 74 of Decree No. 624/PRG/81 referred to above) in circumstances which are covered by the Convention. The provisions in question are as follows:

–      sections 109(1) and (2), 111(1) and (2), 113(1), 116 and 121, which provide for sanctions of imprisonment for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related non-violent activities;

–      section 214, concerning charlatanism, which states that anyone who indulges in irrational practices likely to cause a breach of the peace shall be liable to imprisonment ranging from one to five years;

–      sections 215–220, concerning breaches of the public order caused by religious ministers in the performance of their ministry, which states that any religious minister delivering an address at a public gathering containing remarks likely to cause a breach of the public order shall be liable to imprisonment ranging from three months to two years;

–      sections 232 and 234–238, concerning insulting behaviour towards officials in authority and officers of the law, which states that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to five years;

–      sections 271–374, concerning defamation and abuse;

–      section 517(17), which states that anyone who opposes, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, shall be liable to imprisonment ranging from one to 15 days;

–      section 581, which states that any member of the armed forces who, by whatever means, incites one or more other members of the armed forces to commit breaches of duty or discipline shall be liable to imprisonment or criminal confinement involving compulsory labour;

–      section 559, which states that anyone who incites insubordination or desertion, by whatever means and regardless of its effect, shall be liable to imprisonment ranging from one month to one year (from five to ten years in time of war, on a territory under siege, or during a state of emergency).

The Committee also notes Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties and Act No. 91/05/CTRN concerning the freedom of the press, radio, television and communication in general. It notes that a number of provisions of both these Acts make actions covered by the present provisions of the Convention liable to imprisonment including compulsory labour. Sections 30 and 31 of the Organic Act establishing a charter of political parties state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to imprisonment, involving the obligation to work. The provisions in question of the Act on the freedom of the press are as follows:

–      sections 6, 7 and 8 concerning the distribution, sale, display and possession of leaflets, bulletins, stickers and any other printed material of such nature as to harm the national interest or state security, and concerning the publication, printing, distribution, dissemination and sale of material offending public decency or having a harmful effect on the education of children and young persons, and also the sale, distribution and reproduction of prohibited printed material;

–      section 20(3) which states that the director or co-director of a publication shall be liable to imprisonment ranging from four months to one year in cases where it is impossible to determine the identity of the author of an article giving rise to legal proceedings which is unsigned or has been signed with a pseudonym. Section 20(4) states that the author of the article giving rise to legal proceedings shall be liable to half the penalty laid down by section 20(3);

–      section 27(3), which states that the director of a publication who fails to insert a reply in the said publication, during an election period, within the deadline ordered by a court decision, shall be liable to imprisonment ranging from 15 days to three months;

–      section 63, concerning the hawking of prohibited printed material;

–      section 64, concerning the incitement to crimes or offences by speeches, cries or threats uttered in public places or gatherings, by written or printed material, drawings, engravings, graffiti, paintings, caricatures, emblems, images, by any other medium of written or spoken communication or any other type of image, sold or distributed, put on sale or displayed in public places or gatherings, or by any other means of audiovisual communication;

–      section 68, concerning seditious cries or chants uttered in public places or gatherings;

–      section 69(2) and (3), which penalize any offence towards foreign Heads of State or Government, ministers of foreign governments, ambassadors or other diplomatic officers;

–      section 70, which penalizes the incitement, by one of the means set forth in section 64, of military or paramilitary personnel to relinquish their duty and disobey laws or regulations;

–      section 71, concerning insulting behaviour towards the President of the Republic;

–      section 72, concerning the communication of misinformation, fabrications, falsifications or statements untruthfully attributed to third parties;

–      section 73, which penalizes public decency offences by one of the means set forth in section 64;

–      sections 74–79, concerning defamation and abuse.

With reference to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, it has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee would therefore be grateful if the Government would indicate how the abovementioned sections are applied in practice, by sending a copy of any court decision referring to them, so that it can assess to what extent these provisions are compatible with the present provisions of the Convention.

2. Freedom of association. The Committee notes Act No. L/2005/013/AN issuing regulations for associations. It notes that section 37 of this Act states that any founders or leaders of associations, NGOs or their collectives who contravene the provisions of the present Act, who assume or continue to assume, in whatever manner, the administration of an association or an NGO, notwithstanding the refusal to approve it or the withdrawal of such approval or the declaration of nullity, any founder or leader who illegally maintains or reconstitutes an association after the dissolution thereof has been ordered, or any person who perpetuates or seeks to perpetuate a dissolved association by means of covert propaganda, speeches, written material or any other means, shall be liable to punishment in accordance with the legislation in force. The Committee requests the Government to indicate the provisions which lay down the penalties to which section 37 refers and to send a copy of them.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1(a) of the Convention. Penalties of imprisonment involving compulsory work for the expression of political views. The Committee has noted on several occasions the Government’s indications that a new Penal Code has been adopted and asked the Government to supply a copy. It has also asked the Government to provide copies of all legislation regarding prison labour. The Committee regrets that these texts have not been supplied, as they are needed to enable it to ascertain the application of the Convention. Hoping that they will be communicated with the next report, the Committee refers to its previous comments concerning the penalties, involving an obligation to work, which can (or could) be imposed under provisions of the Penal Code regarding the exercise of freedom of expression.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

In previous comments, the Committee noted that detention or imprisonment could be imposed for infringements of certain provisions of the Penal Code (sections 71(4), 110, 111, 176 and 177) respecting the exercise of the right of expression. Penalties of detention or imprisonment applicable in the event of infringements of such provisions involve the obligation to work, under the terms of sections 14 and 28 of the Penal Code.

The Committee notes the Government’s statement that a new Penal Code has been adopted. The Committee hopes that the new text will bring the national legislation into conformity with the Convention and that the Government will provide a copy of it with its next report. The Committee also requests the Government to provide copies of any legislation respecting prison work.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

In previous comments, the Committee noted that detention or imprisonment could be imposed for infringements of certain provisions of the Penal Code (sections 71(4), 110, 111, 176 and 177) respecting the exercise of the right of expression. Penalties of detention or imprisonment applicable in the event of infringements of such provisions involve the obligation to work, under the terms of sections 14 and 28 of the Penal Code.

The Committee notes the Government’s statement that a new Penal Code has been adopted. The Committee hopes that the new text will bring the national legislation into conformity with the Convention and that the Government will provide a copy of it with its next report. The Committee also requests the Government to provide copies of any legislation respecting prison work.

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

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

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

        In previous comments, the Committee noted that detention or imprisonment could be imposed for infringements of certain provisions of the Penal Code (sections 71(4), 110, 111, 176 and 177) respecting the exercise of the right of expression. Penalties of detention or imprisonment applicable in the event of infringements of such provisions involve the obligation to work, under the terms of sections 14 and 28 of the Penal Code.

        The Committee notes the Government’s statement that a new Penal Code has been adopted. The Committee hopes that the new text will bring the national legislation into conformity with the Convention and that the Government will provide a copy of it with its next report. The Committee also requests the Government to provide copies of any legislation respecting prison work.

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

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

In previous comments, the Committee noted that detention or imprisonment could be imposed for infringements of certain provisions of the Penal Code (sections 71(4), 110, 111, 176 and 177) respecting the exercise of the right of expression. Penalties of detention or imprisonment applicable in the event of infringements of such provisions involve the obligation to work, under the terms of sections 14 and 28 of the Penal Code.

The Committee notes the Government’s statement that a new Penal Code has been adopted. The Committee hopes that the new text will bring the national legislation into conformity with the Convention and that the Government will provide a copy of it with its next report. The Committee also requests the Government to provide copies of any legislation respecting prison work.

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

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 has for many years been drawing the Government's attention to legislation which raises difficulties, as it seems to imply the use of forced or compulsory labour in circumstances referred to in Article 1 of the Convention. In particular, it has referred to Act No. 45/AN/69 of 1969 respecting the disclosure of professional secrets and the unlawful communication of state and party documents (in connection with Article 1(a), regarding political coercion or the expression of certain views); and Decree No. 416/PRG of 1964, concerning compulsory service to overcome technical and economic underdevelopment in the Republic, and Ordinance No. 52 of 1959, also concerning compulsory military service (in connection with Article 1(b), regarding the use of labour for purposes of economic development). More generally, the Committee asked the Government to provide copies of legislation relating to criminal procedure (Act No. 64/AN/69) and other matters relevant to the Convention. The Committee has noted the Government's indications that early legislation has fallen into disuse during the Second Republic, and is to be reviewed. It would be grateful if the Government would include in its next report full information on any resort to the legislation mentioned above and on any progress made in the revision process (including revision of the Penal Code), together with information on practical application of the Convention requested in Part V of the report form approved by the Governing Body.

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 has for many years been drawing the Government's attention to legislation which raises difficulties, as it seems to imply the use of forced or compulsory labour in circumstances referred to in Article 1 of the Convention. In particular, it has referred to Act No. 45/AN/69 of 1969 respecting the disclosure of professional secrets and the unlawful communication of state and party documents (in connection with Article 1(a), regarding political coercion or the expression of certain views); and Decree No. 416/PRG of 1964, concerning compulsory service to overcome technical and economic underdevelopment in the Republic, and Ordinance No. 52 of 1959, also concerning compulsory military service (in connection with Article 1(b), regarding the use of labour for purposes of economic development). More generally, the Committee asked the Government to provide copies of legislation relating to criminal procedure (Act No. 64/AN/69) and other matters relevant to the Convention.

The Committee has noted the Government's indications that early legislation has fallen into disuse during the Second Republic, and is to be reviewed. It would be grateful if the Government would include in its next report full information on any resort to the legislation mentioned above and on any progress made in the revision process (including revision of the Penal Code), together with information on practical application of the Convention requested in point V of the report form approved by the Governing Body.

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

1. For many years, the Committee has been commenting on certain provisions which are contrary to the Convention. In previous comments, it noted the Government's statement that the legal texts in question had fallen into abeyance and are due to be revised or repealed as part of the programme for the complete revision by stages of all laws and regulations. The Government stated that the following texts would be covered by this procedure:

- Decree No. 416/PRG of 22 October 1964, under which all persons between 16 and 25 years of age are placed in the service of the Organization for Works Centres of the Revolution, whose purpose is to overcome the technical and economic underdevelopment of the Republic;

- Act No. 45/AN/69 of 24 January 1969 respecting the disclosure of professional secrets and the unlawful communication of State and party documents;

- Act No. 64/AN/66 of 21 September 1966 to issue the Code of Criminal Procedure;

- and all legislation relating to prison labour, the maintenance of law and order, the press and publications, meetings and associations, vagrancy and idlers and the discipline of seafarers.

2. The Committee also referred previously to Ordinance No. 52 of 23 October 1959 laying down compulsory service, which may be military or non-military, for all male citizens. The Government indicated in earlier reports that there was no compulsory military service, but that students of both sexes performed one year's service devoted to military tasks; the Government also indicated that the service, which was compulsory, had become optional. The Committee noted that under sections 93 and 94 of the new Basic Act, promulgated on 31 December 1990 (Decree No. 250/90 and Act No. 2/91/001 of 1 August 1991, the Transitional National Recovery Council (CTRN) is empowered to enact legislation and take decisions with force of law. The Committee also noted the information supplied by the Government in its report in 1992 to the effect that a revision of the laws and regulations in use had begun. The Committee noted the Government's repeated affirmation of its political will to achieve the progressive harmonization of all the texts which are not in conformity with the Convention. In its last report, the Government indicates yet again that it has taken note of the Committee's comments and that all laws and regulations enacted before the adoption of the Basic Act will brought into line both with the provisions of the Act and with those of the Convention by the National Assembly which began its term on 5 October 1995. The Committee hopes that the Government will soon report progress made in bringing the texts addressed in its comments into conformity with the Convention. The Committee asks the Government to provide information on the provisions adopted for this purpose and to provide copies of the relevant texts.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee has been commenting for many years on a number of provisions which are contrary to the Convention. In previous comments, it noted the Government's statement to the effect that the legal texts in question had fallen into abeyance and are due to be revised or repealed as part of the programme for the complete revision by stages of all laws and regulations. The Government stated that the following texts would be covered by this procedure:

- Decree No. 416/PRG 22 October 1964, under which all persons between 16 and 25 years of age are placed in the service of the Organization for Work Centres of the Revolution, whose purpose is to overcome the technical and economic underdevelopment of the Republic;

- Act No. 45/AN/69 of 24 January 1969 respecting the disclosure of professional secrets and the unlawful communication of State and Party documents;

- Act No. 64/AN/66 of 21 September 1966 to issue the Code of Criminal Procedure;

- and all legislation relating to prison labour, the maintenance of law and order, the press and publications, meetings and associations, vagrancy and idlers and the discipline of seafarers.

The Committee noted that under sections 93 and 94 of the new Basic Act of 31 December 1990 (Decree No. 250/90) and under Act No. 2/91/001 of 1 August 1991, the Transitional National Recovery Council (CTRN) is empowered to enact legislation and take decisions with force of law. The Committee also noted the information provided by the Government in its report in 1992 to the effect that a revision of the laws and regulations had been commenced.

The Committee notes that in its latest report the Government reaffirms its political will to achieve the progressive harmonization of all the texts which are not in conformity with the Convention.

The Committee hopes that the Government will soon report the progress achieved in bringing the texts which have been the subject of its comments into conformity with the Convention, including sections 71(4), 110, 111, 176 and 177 of the Penal Code.

2. In its previous comments, the Committee referred to Ordinance No. 52 of 23 October 1959 laying down compulsory service, which may be of a military or non-military nature, for all male citizens.

The Government stated in previous reports that there is no compulsory military service, but that students of both sexes perform one year's military service which is devoted entirely to military tasks. The Government also stated that this service, which was compulsory, has become optional.

The Committee once again requests the Government to supply information on the provisions which have been adopted to this end and to supply a copy of the relevant texts, particularly any texts amending or repealing Ordinance No. 52 of 1959.

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

1. The Committee has been commenting for many years on a number of provisions which are contrary to the Convention. In previous comments, it noted the Government's statement to the effect that the legal texts in question had fallen into abeyance and are due to be revised or repealed as part of the programme for the complete revision by stages of all laws and regulations. The Government stated that the following texts would be covered by this procedure:

- Decree No. 416/PRG of 22 October 1964 under which all persons between 16 and 25 years of age are placed in the service of the Organization for Work Centres of the Revolution, whose purpose is to overcome the technical and economic underdevelopment of the Republic;

- Act No. 45/AN/69 of 24 January 1969 respecting the disclosure of professional secrets and the unlawful communication of State and Party documents;

- Act No. 64/AN/66 of 21 September 1966 to issue the Code of Criminal Procedure;

- all legislation relating to prison labour, the maintenance of law and order, the press and publications, meetings and associations, vagrancy and idlers and the discipline of seafarers.

The Committee notes that under sections 93 and 94 of the new Basic Act of 31 December 1990 (Decree No. 250/90) and under Act No. 2/91/001 of 1 August 1991, the Transitional National Recovery Council (CTRN) is empowered to enact legislation and take decisions with force of law. The Committee also notes the Government's statement in its report to the effect that a revision of the laws and regulations has been commenced.

The Committee hopes that the Government will soon report the progress achieved in bringing the texts which have been the subject of its comments into conformity with the Convention, including sections 71(4), 110, 111, 176 and 177 of the Penal Code.

2. In its previous comments, the Committee referred to Ordinance No. 52 of 23 October 1959 laying down compulsory service, which may be of a military or non-military nature, for all male citizens.

The Government stated in previous reports that there is no compulsory military service, but that students of both sexes perform one year's military service which is devoted entirely to military tasks. The Government also stated that this service, which was compulsory, has become optional.

The Committee once again requests the Government to supply information on the provisions which have been adopted to this end and to supply a copy of the relevant texts, particularly any texts amending or repealing Ordinance No. 52 of 1959.

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

1. In its previous comments, the Committee noted the Government's statement that certain legal texts that had been the subject of its comments for many years had fallen into abeyance because of the change of political regime in Guinea, are to be revised or repealed as part of the programme for the complete revison by stages of all laws and regulations, in accordance with Ordinance No. 009/PRG/84 of 18 April 1984 in the interests of peace and internal discipline. The Government indicated that this procedure would be applied to the following texts:

- Decree No. 416/PRG of 22 October 1964 under which all persons between 16 and 25 years of age are placed in the service of the Organisation for Work Centres of the Revolution, whose purpose is to overcome the technical and economic underdevelopment of the Republic;

- Act No. 45/AN/1969 of 24 January 1969 respecting the disclosure of professional secrets and the unlawful communication of State and Party documents;

- Act No. 64/AN/1966 of 21 September 1966 to issue the Code of Criminal Procedure;

- all legislation relating to prison labour, the maintenance of law and order, the press and publications, meetings and associations, vagrancy and idlers and the discipline of seafarers.

The Committee notes that the Government's report contains no information on the foregoing, and again expresses the hope that the Government will shortly be able to report on the progress made in bringing the texts that have been the subject of its comments, including sections 71, subsection 4, 110, 111, 176 and 177 of the Penal Code into conformity with the Convention.

2. The Committee also referred to Ordinance No. 52 of 23 October 1959 laying down compulsory service, which may be of a military or non-military nature, for all male citizens. It noted the Government's statement that there is no compulsory military service for all male citizens, but that in accordance with an established practice of the Ministry of National Education, all students of both sexes, when they leave national or foreign universities, must perform one year's military service that is devoted entirely to military tasks and not to economic purposes. The Committee also noted that the revision of Ordinance No. 52 of 23 October 1959 was under consideration.

The Committee takes note of the information supplied by the Government in its last report, to the effect that military service for university students has become optional. The Committee asks the Government to provide information on the provisions adopted to this end and to supply a copy of the relevant texts, particularly any texts amending or repealing Ordinance No. 52 of 1959.