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

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 noted information from the United Nations High Commissioner for Human Rights regarding difficulties related to the content, interpretation and application in practice of laws on freedom of expression and freedom of assembly, defamation or slander. Noting that the new draft Penal Code still establishes prison sentences for the offences of slander and defamation, the Committee recalled 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. Consequently, 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 to the established system. The Committee therefore requested the Government to take account of these considerations in the process of revising the Penal Code and in the application of current legislation.

The Committee notes once again with regret that the Government has not provided any information on the progress made in the adoption of the new Penal Code nor on the application in practice of the legal provisions which punish defamation. The Committee notes that, within the framework of its human rights promotion mission in Angola in October 2016, the delegation of the African Commission on Human and Peoples’ Rights expressed concern about the continuing existence of the crime of defamation in the Penal Code which limits the right to freedom of expression, and the impact of Presidential Decree No. 74/2015 on the registration of non-governmental organizations on the right to freedom of association (press release of 7 October 2016). The Committee also notes that the United Nations Committee on Economic, Social and Cultural Rights shares these concerns and highlights that human rights defenders and journalists operate under restrictive conditions and face police and judicial harassment, including arbitrary detention (E/C.12/AGO/CO/4-5 of 15 July 2016).

The Committee urges the Government to take into account the above considerations to ensure that the provisions of the new Penal Code are in conformity with the Convention, particularly regarding the penalties applicable for the crime of defamation. In the meantime, the Committee requests the Government to take the necessary measures to ensure that, in accordance with the Convention, no person is compelled to perform labour, particularly compulsory prison labour, for having expressed certain political opinions or opposition to the established political, social or economic system both in relation to the exercise of the right to freedom of expression and the right to association. It requests the Government to provide information on any court decisions relating to the offences of slander and defamation, with an indication of the facts which led to the convictions and the penalties imposed.

Article 1(c). Imposition of compulsory labour as a means of labour discipline. For many years, the Committee has been requesting the Government 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 Regulation of the progressive regime of 9 July 1981) for certain breaches in labour discipline which do not endanger the safety of the vessel or the life or health of persons on board. Under the terms of section 132 of the Merchant Shipping Penal and Disciplinary Code, a member of the crew who deserts at the port of embarkation is liable to a prison sentence of up to a year; the sentence may be two years if desertion takes place in another port. By virtue of section 137, crew members who do not carry out an order from superiors, in relation to services that do not jeopardize the safety of the ship, are liable to a sentence of imprisonment from one to six months. Simple refusal to obey an order, followed by voluntarily carrying it out, is punishable by a maximum sentence of three months’ imprisonment. The Committee notes in this respect that the Act on Merchant Shipping of 2012 (Act No. 27/12) does not affect these provisions of the Merchant Shipping Penal and Disciplinary Code as it does not regulate the conditions of work of seafarers (section 57), which are to be covered by specific legislation. The Committee therefore firmly hopes that the Government will take the necessary measures to ensure that the above provisions of the Merchant Shipping Penal and Disciplinary Code are repealed or amended so 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 punished with prison sentences. Please provide copies of any new legislation adopted to this end.

Article 1(d). Imposition of prison sentences involving an obligation to work for having participated in strikes. The Committee previously 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 out of a 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 establishes a number of restrictions on the exercise of the right to strike, under the terms of which a strike, 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)), could be declared illegal.

The Committee once again notes with regret that the Government has not provided any information on the progress made in the process of revising the Act on strikes, to which it has previously made reference. The Committee firmly hopes 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 are not punished with a sentence of imprisonment during which they may be required to perform compulsory labour.