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

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

1. Article 1(a) of the Convention. With reference to its previous comments, the Committee notes the Government's indication in its reports received in 1995 that no prison sentence was imposed during the period covered by the reports (1991-94) under sections 134(a), (b) and (c), 145(2) and (5), 146 to 149, 151 or 159(a) of Penal Law 5737-1977. The Committee requests the Government to continue to supply information on the application in practice of these provisions, including copies of any court decisions defining or illustrating their scope.

2. Article 1(d). In its comments made for a number of years, the Committee noted that under section 160 of Penal Law 5737-1977, "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", involving an obligation to perform labour.

The Committee notes with interest the Government's indication in its report received in February 1995 that the Ministry of Justice is embarking on a long-term programme of revision of Part Two of the Penal Law which will include the examination of section 160 in the light of the provisions of the Convention, and that the Government will report on developments on this matter. In its latest report received in October 1995 the Government states that there have not yet been any new developments concerning the examination of section 160 of the Penal Law. Noting also the Government's indication that no legal proceedings have been filed under this provision, the Committee hopes that section 160 of the Penal Law will be repealed or amended so as to ensure, in conformity with Article 1(d) of the Convention, that no penalties involving compulsory labour may be imposed for the participation in strikes (such punishment being acceptable only where the personal safety, life or health of persons are endangered). The Committee hopes that the Government will be in a position to provide, in its next report, information on progress made in this regard.