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

Abolition of Forced Labour Convention, 1957 (No. 105) - Chile (Ratification: 1999)

Article 1(d) of the Convention. Sentences of imprisonment involving compulsory labour as a punishment for participation in strikes. For several years, the Committee has been drawing the Government’s attention to the need to amend the provisions of section 11 of the State Security Act, which are contrary to the Convention. Under the terms of section 11, collective work stoppages, walkouts or strikes in public services or public utilities or in activities pertaining to production, transport or commerce carried out in a manner inconsistent with the law and which disturb the peace or disrupt public utilities or services, the compulsory operation of which is established by law, or which harm a vital industry, shall constitute an offence and be liable to presidio (imprisonment). Incitement to or encouragement of any of these unlawful acts is subject to the same penalty. Under section 32 of the Penal Code, persons sentenced to the penalty of presidio are obliged to perform work as determined by the prison rules. Reading these provisions in conjunction with each other, it can be seen that any persons who participate in a collective work stoppage, walkout or strike under the conditions established in section 11 of the State Security Act could be sentenced to imprisonment involving compulsory labour. In this regard, the Committee has recalled several times that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should be proportionate to the seriousness of the violations committed, and that no sanctions involving compulsory labour may be imposed for the mere fact of organizing or peacefully participating in a strike.

The Committee observes that, although the Government previously indicated that it would examine the divergence between the provisions of the Convention and section 11 of the State Security Act, it does not supply any information on this matter in its latest report. The Committee notes this lack of information with regret especially as this matter is also the subject of its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee once again expresses the firm hope that the Government will take the necessary measures to amend or repeal section 11 of the State Security Act so that persons participating peacefully in a strike cannot be liable to imprisonment involving compulsory labour.