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

Abolition of Forced Labour Convention, 1957 (No. 105) - Angola (Ratification: 1976)

Article 1(a) of the Convention. Imposition of penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee reminded the Government that prison sentences which involve compulsory labour, which is the case in Angola by virtue of sections 13 and 50(c) of the Regulations of the progressive regime of 9 July 1981, are contrary to Article 1(a) of the Convention when they are imposed to punish the expression of political opinions or opposition, including through the press or any other media. The Committee requested the Government to take account of this provision of the Convention in the process of adopting a new Penal Code, which began in 2004.

In this regard, the Committee notes that during his visit to Angola in April 2013, the United Nations High Commissioner for Human Rights referred to certain difficulties related to the content, interpretation and application of laws on freedom of expression and freedom of assembly, referring to the brutal repression of protests by the police and the excessive use of force, threats and arbitrary detention. The High Commissioner also indicated that the provisions concerning defamation posed a threat to investigative journalism and should be replaced. The Committee notes in this regard that the current draft Penal Code, which is available on the website of the Justice and Law Reform Commission, still establishes prison sentences for the offences of slander and defamation. Recalling that the Convention prohibits the imposition of forced labour, including compulsory prison labour, for the expression of political views or opposition to the established political, social or economic system, the Committee firmly hopes that the Government will take account of these considerations in the process of revising the Penal Code. In the meantime, it requests the Government to provide information on the number of prosecutions brought and on any court decisions relating to the offences of slander and defamation and to indicate the facts which led to the convictions and penalties imposed.

Article 1(c). Imposition of forced labour as a means of labour discipline. For a number of years, the Committee has been drawing the Government’s attention to the need to amend certain provisions of the Merchant Shipping Penal and Disciplinary Code, which are contrary to the Convention, as they permit the imposition of prison sentences (including compulsory labour by virtue of sections 13 and 50(c) of the Regulations of the progressive regime of 9 July 1981) for certain breaches of labour discipline that do not endanger the safety of the vessel or the life or health of persons on board. Under section 132 of the Merchant Shipping Penal and Disciplinary Code, crew members who desert at the port of embarkation may be sentenced to up to one year in prison; the sentence may be two years if the desertion takes place in another port. Under section 137, crew members who do not obey an order from superiors, in relation to services that do not compromise the safety of the vessel, may be sentenced to from one to six months in prison. Simple refusal to obey an order, followed by voluntary execution of that order, is punishable by a maximum sentence of three months’ imprisonment. The Committee noted in this regard that the new Merchant Shipping Act adopted in 2012 (Act No. 27/12) does not affect these provisions of the Merchant Shipping Penal and Disciplinary Code, as it does not regulate the legal regime governing the conditions of work of seafarers (section 57), which is to be the subject of special legislation. The Committee therefore once again requests the Government to take the necessary measures to ensure that these provisions of the Merchant Shipping Penal and Disciplinary Code are repealed or amended to ensure that breaches of labour discipline which do not endanger the safety of the vessel or the life or health of persons on board are not punishable by prison sentences. Please provide a copy of the new legislation that is adopted in this respect.

Article 1(d). Imposition of prison sentences involving compulsory labour as a punishment for having participated in strikes. In its previous comments, the Committee drew the Government’s attention to the need to amend the provisions of section 27(1) of the Act on strikes (Act No. 23/91 of 15 June 1991), under which the organizers of a strike that is prohibited or illegal or has been suspended by law are liable to prison sentences or fines. Therefore, pursuant to this section, compulsory labour (compulsory prison labour arising from conviction to a sentence of imprisonment) may be imposed on the organizer of a prohibited, illegal or suspended strike. The Committee emphasized in this regard that the legislation established a number of restrictions on the exercise of the right to strike, under the terms of which an action could be declared illegal, which should be lawful in the light of the principles of freedom of association (see the Committee’s comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)).

The Committee notes with regret that the Government has not provided any information on the progress made in the process of revising the Act on strikes. The Committee trusts that the Government will take the necessary measures in the very near future to amend Act No. 23/91 on strikes to ensure that, in conformity with Article 1(d) of the Convention, persons who participate peacefully in a strike cannot be punished with a sentence of imprisonment during which they may be required to perform compulsory labour.