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

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

Article 1(d) of the Convention. Sanctions involving compulsory labour as a punishment for having participated in strikes. For many years, the Committee has been referring to section 160 of Penal Law 5737-1977, which stipulates that: “if the Government is of the opinion that serious disturbances exist in labour relations, threatening or prejudicing the economy in Israel or trade with foreign States, it may by proclamation declare a state of emergency for the purposes of this section, and so long as such a proclamation is not revoked, a person who takes part in a lockout or strike in relation to the commercial transport of goods or conveyance of passengers in Israel or between Israel and foreign States or in the provision of a public service in Israel or incites to, aids or encourages such a lockout or strike or the continuance thereof is liable to imprisonment for one year”. Such a sanction involves an obligation to perform labour by virtue of section 48(a) of the same Law. The Committee pointed out that a suspension of the right to strike enforceable by sanctions involving compulsory labour may be considered as compatible with the Convention only in so far as it is necessary to cope with the cases of force majeure in the strict sense of the term, namely when the existence or well-being of the whole or part of the population is endangered, provided that the duration of the prohibition is limited to the period of immediate necessity. While noting the Government’s indication that section 160 of the Penal Law had not been applied in practice, the Committee requested the Government to limit the scope of this provision. The Government indicated on many occasions that a Bill on the employment of prisoners was in preparation and that section 48 of the Penal Law, which provides for compulsory prison labour of convicted persons, would be repealed.

The Committee notes the Government’s information in its report that the political instability in the country is delaying the process of legislative enactments. However, the Government indicates that it is aware of its obligation and that it is determined to carry out the procedures for the adoption of the Bill on the employment of prisoners. While acknowledging these difficulties, the Committee expresses the firm hope that the Government will take the necessary measures to bring the legislation into conformity with the Convention, either by limiting the scope of the provisions of section 160 of the Penal Law or by ensuring that the new Bill on employment of prisoners will repeal section 48 of the Penal Law which provides for compulsory prison labour. The Committee requests the Government to provide information on any progress made in this regard, and to supply a copy of the texts, once adopted.