Abolition of Forced Labour Convention, 1957 (No. 105) - Kuwait (Ratification: 1961)

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

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views. Cybercrime law. The Committee notes the following provisions of the Cybercrime Law No. 63 of 2015, which appear to be drafted in such a manner that could lead to the imposition of penal sanctions involving compulsory prison labour (by virtue of section 63 of the Penal Code, hard labour is imposed on persons convicted to at least six months of imprisonment) for expressing political views opposed the established political and social order:

• –section 4 (4) which provides for a penalty of up to two years of imprisonment for setting up a site, posting, producing, preparing, sending or storing information or data with the purpose of exploitation, distribution, or sharing with other parties through the IT network or IT means, when the aim is to disrupt public morals;
• –section 7, according to which any person, who, through the IT network or using any IT means, commits one of the acts specified in section 28 of the Law on the Press and Publications (namely instigation to overthrow the ruling regime and change the system through illegal means, or to adopt doctrines which aim at destroying the basic regulation of Kuwait through illegal means) shall be liable to a punishment of imprisonment of up to 10 years.

The Committee further observes that in its 2016 concluding observations, the United Nations Human Rights Committee expressed its concern at the Cybercrime Law, which in its opinion appears to curb the right to freedom of expression and opinion and extend State control and restrictions on Internet-based expressions (A/HRC/WG.6/35/KWT/2, para. 31). The Committee recalls in this respect that Article 1(a) of the Convention protects persons who express political views or views ideologically opposed to the established political, economic, social, or economic system by establishing that in the context of these activities they cannot be punished by sanctions involving an obligation to work. This also applies in relation to views expressed through the media, including digital social media.

In order to better assess the scope of the above-mentioned provisions and their bearing on the application of the Convention, the Committee requests the Government to provide information on the application in practice of sections 4 and 7 of the Cybercrime law of 2015 by the judiciary, including information on the legal proceedings initiated and the fact giving rise to them, as well as the convictions and sanctions imposed.

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

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views. For many years, the Committee has been referring to Legislative Decree No.65 of 1979, which establishes a system of prior authorization for holding public meetings and gatherings (which may be refused without giving reasons, under section 6 of the Decree) and, in the event of violations, provides for a penalty of imprisonment which involves compulsory prison labour. According to section 63 of the Penal Code, compulsory labour is imposed on persons convicted to at least six months of imprisonment. The Committee noted that the Government had prepared a Bill on Public Meetings and Assemblies, which, under sections 10 and 15 read together, provide for sanctions of imprisonment of up to three years for holding meetings or demonstrations that damage the reputation of the State or call for breach of the public order. In reply to the Committee’s request to review the provisions of that Bill, the Government indicates that it will not be adopted before being discussed and examined by members of the specialized committees at the Parliament, so as to bring it into conformity with the provisions of the Convention.

The Committee recalls that Article 1(a) of the Convention protects persons who express political views or views ideologically opposed to the established political, economic or social system by establishing that, in the context of these activities, they cannot be punished by sanctions involving an obligation to work. In this respect, the Committee wishes to emphasize the importance of the right to assembly as it is often through the exercise of this right that views opposing the established political order can be expressed. In ratifying this Convention, States have undertaken to guarantee persons who manifest their opposing views in a peaceful manner the protection afforded by the Convention.

Noting the absence of any further development in this respect, the Committee urges the Government to take the necessary measures to ensure that the national legislation regarding public meetings and assemblies is in conformity with the Convention and that no person holding or joining a peaceful public meeting or demonstration can be punished with sanctions involving compulsory labour. Pending the adoption of new legislation on public meetings and assemblies, the Committee requests the Government to provide information on the application in practice of Legislative Decree No. 65 of 1979 in relation to persons who hold or join public meetings or gatherings not authorized by the respective authority, including the legal proceedings initiated (indicating the facts and specific legal provisions that led to those proceedings), sentences handed down and penalties imposed.

Article 1(c) and (d). Disciplinary measures applicable to seafarers. Over a number of years, the Committee has been requesting the Government to review or amend sections 11, 12 and 13 of Legislative Decree No. 31 of 1980 under which breaches of labour discipline, including unauthorized absence, repeated disobedience and failure to return to the vessel, may be punished by imprisonment involving compulsory labour. The Committee notes the Government’s indication that continuous consultations with the competent bodies have been undertaken on the application of the provisions of Decree No. 31 of 1980, to ensure that the penalty of imprisonment as a disciplinary measure is only applied with respect to extremely dangerous situations which threaten the ship and the lives and health of persons on board.

While noting the consultations undertaken to ensure that in practice no sanctions involving compulsory labour are imposed for breaches of labour discipline, the Committee requests the Government to take the necessary measures without delay to review Decree No. 31 of 1980 so that, both in law and practice, penalties involving compulsory labour are strictly limited to acts endangering the vessel or the life or health of persons on board.

The Committee is raising other issues in a request addressed directly to the Government.

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

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. Over a number of years, the Committee has been referring to sections 11, 12 and 13 of Legislative Decree No. 31 of 1980 regarding Security, Order and Discipline on Board Ship, under which various breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment (involving compulsory prison labour). The Committee requested the Government to take the necessary measures to amend the abovementioned provisions of Decree No. 31 of 1980.

The Committee notes the Government’s indication in its report that consultations with relevant stakeholders and the social partners are still ongoing to review Decree No. 31 of 1980 so that the sentence of imprisonment as a disciplinary measure would apply only in cases where the safety of the vessel or the life or health of persons is endangered. The Committee trusts that the necessary measures will be taken to amend or repeal Decree No. 31 of 1980, in order to ensure that the penalties involving compulsory labour are strictly limited to acts endangering the vessel or the life or health of persons. The Committee requests the Government to provide a copy of the amended Decree, once adopted.

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

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views. In its earlier comments, the Committee noted that Legislative Decree No. 65 of 1979, which imposed certain restrictions on the organization of public meetings and assemblies, enforceable with penalties of imprisonment (involving compulsory prison labour, under section 63 of the Penal Code), had been declared unconstitutional by the Constitutional Court in 2006. It also noted that a draft Law on Public Meetings and Assemblies had been prepared in 2008. It noted, however, that the scope of certain provisions of the draft Law (sections 10 and 15) were not limited to acts of violence (or incitement to violence), armed resistance or uprising, but seemed to allow punishment involving the obligation to work to be imposed for the peaceful expression of opinions contrary to the Government’s policy and the established political system. The Committee requested the Government to take the necessary measures to ensure that the provisions of the draft Law on Public Meetings and Assemblies of 2008 would be modified.

The Committee notes the Government’s indication in its report that due consideration will be given to the amendment of the Law on Public Meetings and Assemblies of 2008, in order to bring it in line with the Convention. The Committee notes that the Government expresses its commitment to send a copy of the Law, once it is adopted. The Committee once again requests the Government to take the necessary measures without delay to bring the national legislation regulating public meetings and assemblies into conformity with the Convention in order to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee requests the Government to provide a copy of the Law on Public Meetings and Assemblies, once it has been adopted.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. Over a number of years, the Committee has been referring to sections 11, 12 and 13 of Legislative Decree No. 31 of 1980 regarding security, order and discipline on board ship, under which various breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment (involving compulsory prison labour). The Committee requested the Government to take the necessary measures to amend the abovementioned provisions of Decree No. 31 of 1980.

The Committee notes the Government’s indication that Decree No. 31 of 1980 does not refer to any penalty of prison labour, but to imprisonment. Moreover, the Decree does not punish participation in strike actions, and section 11(3) is related to repeated disobedience. Accordingly, the Government indicates that it is envisaging amending Decree No. 31 by adding a sentence specifying that the sentence of imprisonment applies only in the case where the safety of the vessel or the life or health of persons is endangered. The Government further indicates that consultations are being held with relevant stakeholders and the social partners in this respect.

While noting this information, the Committee hopes that the Government will take the necessary measures to amend Decree No. 31 of 1980, so that the penalties involving compulsory labour are strictly limited to acts endangering the vessel or the life or health of persons. The Committee requests the Government to supply a copy of the amended Decree, once adopted.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views. In its earlier comments, the Committee noted that Legislative Decree No. 65 of 1979, which imposed certain restrictions on the organization of public meetings and assemblies, enforceable with penalties of imprisonment (involving compulsory prison labour, under section 63 of the Penal Code), had been declared unconstitutional by the Constitutional Court in 2006. It also noted that a draft law on public meetings and assemblies had been prepared in 2008. It noted however that the scope of certain provisions of the draft law (sections 10 and 15) were not limited to acts of violence (or incitement to violence), armed resistance or uprising, but seemed to allow punishment involving the obligation to work to be imposed for the peaceful expression of opinions contrary to the Government’s policy and the established political system. The Committee requested the Government to take the necessary measures to ensure that the provisions of the draft law on public meetings and assemblies of 2008 would be modified.

The Committee notes the Government’s indication that the draft law on public meetings and assemblies has not yet been adopted, and that the Committee’s comments with regard to the necessity to amend certain sections of the draft law will be given full consideration. The Committee accordingly requests the Government to take the necessary measures without delay to bring the national legislation regulating public meetings and assemblies into conformity with the Convention in order to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee requests the Government to provide a copy of the law on public meetings and assemblies once it has been adopted.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. Over a number of years, the Committee has been referring to certain provisions of Legislative Decree No. 31 of 1980 regarding security, order and discipline on board ship, under which various breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment (involving compulsory prison labour). The Committee recalled that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention only if such acts endanger the safety of the vessel or the life or health of persons. The Committee observed that sections 11, 12 and 13 of the above Legislative Decree do not appear to limit the application of the penalties to such acts.

The Committee notes the Government’s repeated statement that the provisions of the Legislative Decree will be amended to bring the legislation into conformity with the Convention, and that it will keep the Committee informed on any new developments.

The Committee once again trusts that the Government will take the necessary measures to amend the Legislative Decree No. 31 of 1980, for example by clearly indicating that the imposition of penalties involving compulsory labour is strictly limited to acts endangering the vessel or the life or health of persons. Pending such an amendment, the Committee requests the Government to continue to provide information on the application of the Legislative Decree in practice, supplying copies of court decisions and indicating the penalties imposed.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views. In its earlier comments, the Committee noted that Legislative Decree No. 65 of 1979, which imposed certain restrictions on the organization of public meetings and assemblies, enforceable with penalties of imprisonment (involving compulsory prison labour), was declared unconstitutional by the Constitutional Court in 2006.

The Committee notes that a draft law on public meetings and assemblies was prepared in 2008. It notes that section 10, read in conjunction with section 15 of this draft, provide for penal sanctions involving compulsory prison labour for any act harming or criticizing the official religion of the State; its foundations and principles; acts which damage the reputation of the State; and acts calling for breach of public order. It further notes that under section 63 of the Penal Code all prisoners are compelled to undertake compulsory prison labour. The Committee notes the Government’s indication that the draft law referred to above is currently before the competent authority and should be sent once it is finalized.

The Committee observes that the scope of these provisions is not limited to acts of violence (or incitement to violence), armed resistance or uprising, but seems to allow punishment involving the obligation to work to be imposed for the peaceful expression of opinions contrary to the Government’s policy and the established political system. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour “as a means of political coercion or as a punishment for holding political views or views ideologically opposed to the established political, social and economic system”. While the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, sanctions of imprisonment (involving compulsory labour) are not in conformity with the Convention if they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system.

The Committee therefore requests the Government to take the necessary measures to ensure that the abovementioned provisions of the draft law on public meetings and assemblies of 2008 will be modified so as to ensure that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. The Committee also requests the Government to provide a copy of the law on public meetings and assemblies once adopted.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1(a) of the Convention. Punishment for expressing political views. In its earlier comments, the Committee noted that Legislative Decree No. 65 of 1979, which imposed certain restrictions on the organization of public meetings and gatherings enforceable with penalties of imprisonment (involving compulsory prison labour), was declared unconstitutional by the Constitutional Court in 2006. It also noted that a new law concerning public meetings and gatherings was drafted in 2008.

In its latest report, the Government indicates that the draft law referred to above has not yet been adopted. The Committee reiterates its hope that the law concerning public meetings and gatherings will be adopted in the near future and that the Government will communicate a copy for the examination by the Committee.

Article 1(c) and (d). Disciplinary measures applicable to seafarers. Over a number of years, the Committee has been referring to certain provisions of Legislative Decree No. 31 of 1980 regarding security, order and discipline on board ship, under which various breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment (involving compulsory prison labour). The Committee recalled that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention only if such acts endanger the safety of the vessel or the life or health of persons. The Committee observed that sections 11, 12 and 13 of the above Legislative Decree do not appear to limit the application of the penalties to such acts.

The Committee notes the Government’s commitment expressed in the report to bring legislation into conformity with the Convention, and in particular, the Government’s indication that the necessary measures are being taken to amend the abovementioned Decree. The Committee trusts that the Legislative Decree No. 31 of 1980 will be amended in the near future, for example by clearly indicating that the imposition of penalties involving compulsory labour is strictly limited to acts endangering the vessel or the life or health of persons. Pending the amendment, the Committee requests the Government to continue to provide information on the application of the Legislative Decree in practice, supplying copies of court decisions and indicating the penalties imposed.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(a) of the Convention. Punishment for expressing political views. In its earlier comments, the Committee noted that Legislative Decree No. 65 of 1979, which imposed certain restrictions on the organization of public meetings and gatherings enforceable with penalties of imprisonment (involving compulsory prison labour), was declared unconstitutional by the Constitutional Court in 2006. It also noted that a new law concerning public meetings and gatherings was drafted in 2008.

In its latest report, the Government indicates that the draft law referred to above has not yet been adopted. The Committee reiterates its hope that the law concerning public meetings and gatherings will be adopted in the near future and that the Government will communicate a copy for the examination by the Committee.

Article 1(c) and (d). Disciplinary measures applicable to seafarers. Over a number of years, the Committee has been referring to certain provisions of Legislative Decree No. 31 of 1980 regarding security, order and discipline on board ship, under which various breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment (involving compulsory prison labour). The Committee recalled that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention only if such acts endanger the safety of the vessel or the life or health of persons. The Committee observed that sections 11, 12 and 13 of the above Legislative Decree do not appear to limit the application of the penalties to such acts.

The Committee notes the Government’s commitment expressed in the report to bring legislation into conformity with the Convention, and in particular, the Government’s indication that the necessary measures are being taken to amend the abovementioned Decree. The Committee trusts that the Legislative Decree No. 31 of 1980 will be amended in the near future, for example by clearly indicating that the imposition of penalties involving compulsory labour is strictly limited to acts endangering the vessel or the life or health of persons. Pending the amendment, the Committee requests the Government to continue to provide information on the application of the Legislative Decree in practice, supplying copies of court decisions and indicating the penalties imposed.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(a) of the Convention. Punishment for expressing political views. The Committee previously noted that Legislative Decree No. 65 of 1979, which imposed certain restrictions on the organization of public meetings and gatherings enforceable with penalties of imprisonment (involving compulsory prison labour), was declared unconstitutional by the Constitutional Court in 2006. It also noted that a new law concerning public meetings and gatherings was drafted in 2008. While noting the Government’s indication that the new law concerning public meetings and gatherings is still in the draft form, the Committee hopes that this law will soon be adopted and that the Government will communicate a copy for the examination by the Committee.

Article 1(c) and (d). Disciplinary measures applicable to seafarers. For many years, the Committee has been referring to certain provisions of Legislative Decree No. 31 of 1980 regarding security, order and discipline on board ship, under which various breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment (involving compulsory prison labour). The Committee recalls that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention if the acts endanger the safety of the vessel or the life or health of persons. The Committee notes that sections 11, 12 and 13 of the Legislative Decree do not appear to limit the application of the penalties to such acts.

The Committee notes the Government’s indication in the report that no penalties have been imposed under Legislative Decree No. 31 of 1980 and no violations of its provisions have been committed. The Government also undertakes to communicate information on any measures taken with regard to the above Legislative Decree. While noting these indications, the Committee expresses the firm hope that the necessary measures to amend Legislative Decree No. 31 of 1980 will soon be taken, for example by clearly indicating that the imposition of penalties involving compulsory labour is strictly limited to acts endangering the vessel or the life or health of persons. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of the Legislative Decree in practice, supplying copies of court decisions and indicating the penalties imposed.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(a) of the Convention. Punishment for expressing political views. For a number of years, the Committee has been referring to Legislative Decree No. 65 of 1979 concerning public meetings and gatherings, which establishes a system of prior authorization (which may be refused without giving reasons, under section 6 of the above Decree) and, in the event of violations, provides for a penalty of imprisonment involving, by virtue of the Penal Code, an obligation to work. The Committee stressed the importance for the effective observance of the Convention of legal guarantees respecting the right of assembly and the direct bearing that a restriction of this right can have on the application of the Convention. Indeed, it is often through the exercise of this right that political opposition to the established order can be expressed, and in ratifying the Convention the State has undertaken to guarantee persons who manifest this opposition in a peaceful manner the protection that the Convention affords them.

The Committee has noted the Government’s indication in its report received in August 2007 that consultations will be held with the competent authorities to discuss the feasibility of amending section 2 of the above Legislative Decree, which provides for the exemption of certain kinds of meetings from its scope. However, the Committee has become aware that Legislative Decree No. 65 of 1979 was declared unconstitutional by the Constitutional Court in 2006. It has also noted that a new law concerning public meetings and gatherings was promulgated in 2008. The Committee would appreciate it if the Government would communicate a copy of the new law with its next report, so that the Committee can examine it at its next session.

Article 2(c) and (d). Disciplinary measures applicable to seafarers. For many years, the Committee has been referring to certain provisions of Legislative Decree No. 31 of 1980 regarding security, order and discipline on board ship, under which various breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment involving an obligation to work. The Committee recalled that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention only where such acts endanger the safety of the vessel or the life or health of persons, but that sections 11, 12 and 13 of the above Legislative Decree do not limit the application of the penalties to such acts.

The Committee has noted the Government’s repeated statement that it gives utmost priority to the adoption of the necessary measures to remove any conflict with the provisions of the Convention. The Government also states that Legislative Decree No. 31 of 1980 is intended to address dangerous acts which endanger the safety of the vessel or the life or health of persons on board, and the imposition of penalties is restricted in all cases to such acts.

While noting these indications, the Committee reiterates its hope that the necessary measures to amend Legislative Decree No. 31 of 1980 will be taken, e.g. by clearly indicating that the imposition of penalties involving compulsory labour is strictly limited to acts endangering the vessel or the life or health of persons. Pending the adoption of such measures, the Committee requests the Government to supply information on the application of the above Legislative Decree in practice, supplying copies of court decisions and indicating the penalties imposed.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s brief indication in its report that no developments have occurred in regard to the points raised in the Committee’s previous observation. Since the Government’s report contains no further information in reply to previous comments, the Committee must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. For a number of years, the Committee has been referring to Legislative Decree No. 65 of 1979 with respect to public meetings and gatherings, which establishes a system of prior authorization (which may be refused without giving reasons, under section 6 of the above Decree) and, in the event of violations, provides for a penalty of imprisonment involving, by virtue of the Penal Code, an obligation to work. The Committee stressed the importance for the effective observance of the Convention of legal guarantees regarding the right of assembly and the direct bearing that a restriction of this right can have on the application of the Convention. Indeed, it is often through the exercise of this right that political opposition to the established order can be expressed, and in ratifying the Convention the State has undertaken to guarantee persons who manifest this opposition in a peaceful manner the protection that the Convention affords them.

In its report received in October 2002, the Government reiterated that the prior authorization provided for in the aforementioned Decree is required for the sake of public security and that no violations of the Decree had occurred and consequently no judicial decisions had been issued. However, in its previous report received in January 2002, the Government stated that meetings politically opposing the current system are not covered by the Decree, since a list of meetings, which shall not be considered public in virtue of section 2 of the Decree and therefore exempted from the scope of the Decree, is not exhaustive. The Committee requests the Government to clarify this issue, particularly with regard to political public meetings, since section 2 apparently excludes only those meetings which are not considered to be public. It hopes that measures will be taken to clearly exclude political public meetings from the application of the above Decree, e.g. by amending the wording of section 2, in order to bring the legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee asks the Government to continue to supply information on the application of the Decree in practice, including the number of convictions for violations of its provisions and copies of any court decisions defining or illustrating their scope.

Article 1(c) and (d). For many years, the Committee has been referring to Legislative Decree No. 31 of 1980 with respect to security, order and discipline on board ship, under the terms of which certain breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment involving an obligation to work. The Committee noted that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention where such acts endanger the safety of the vessel or the life or safety of the persons on board, but that sections 11, 12 and 13 of the above Decree do not limit the application of the penalties to such acts.

The Committee has noted the Government’s statement in its reports received in 2002 that it attaches great importance to bringing Decree No. 31 of 1980 into conformity with the provisions of the Convention and intends to take the necessary measures in this direction.

The Committee hopes that the necessary measures to amend Legislative Decree No. 31 of 1980 will be taken in the near future with a view to ensuring that the imposition of penalties involving compulsory labour will be limited to cases in which the violations committed constitute a danger for the vessel or for the life or safety of persons, and that the Government will provide information on the action taken to this end.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the information provided by the Government in reply to its earlier comments.

Article 1(a) of the Convention. For a number of years, the Committee has been referring to Legislative Decree No. 65 of 1979 with respect to public meetings and gatherings, which establishes a system of prior authorization (which may be refused without giving reasons, under section 6 of the above Decree) and, in the event of violations, provides for a penalty of imprisonment involving, by virtue of the Penal Code, an obligation to work. The Committee stressed the importance for the effective observance of the Convention of legal guarantees regarding the right of assembly and the direct bearing that a restriction of this right can have on the application of the Convention. Indeed, it is often through the exercise of this right that political opposition to the established order can be expressed, and in ratifying the Convention the State has undertaken to guarantee persons who manifest this opposition in a peaceful manner the protection that the Convention affords them.

In its report received in October 2002, the Government reiterated that the prior authorization provided for in the aforementioned Decree is required for the sake of public security and that no violations of the Decree had occurred and consequently no judicial decisions had been issued. However, in its previous report received in January 2002, the Government stated that meetings politically opposing the current system are not covered by the Decree, since a list of meetings, which shall not be considered public in virtue of section 2 of the Decree and therefore exempted from the scope of the Decree, is not exhaustive. The Committee requests the Government to clarify this issue, particularly with regard to political public meetings, since section 2 apparently excludes only those meetings which are not considered to be public. It hopes that measures will be taken to clearly exclude political public meetings from the application of the above Decree, e.g. by amending the wording of section 2, in order to bring the legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee asks the Government to continue to supply information on the application of the Decree in practice, including the number of convictions for violations of its provisions and copies of any court decisions defining or illustrating their scope.

Article 2(c) and (d). For many years, the Committee has been referring to Legislative Decree No. 31 of 1980 with respect to security, order and discipline on board ship, under the terms of which certain breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment involving an obligation to work. The Committee noted that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention where such acts endanger the safety of the vessel or the life or safety of the persons on board, but that sections 11, 12 and 13 of the above Decree do not limit the application of the penalties to such acts.

The Committee has noted with interest the Government’s statement in its reports received in 2002 that it attaches great importance to bringing Decree No. 31 of 1980 into conformity with the provisions of the Convention and intends to take the necessary measures in this direction. The Government requests the technical assistance of the International Labour Office in this regard.

The Committee hopes that the necessary measures to amend Legislative Decree No. 31 of 1980 will be taken in the near future with a view to ensuring that the imposition of penalties involving compulsory labour will be limited to cases in which the violations committed constitute a danger for the vessel or for the life or safety of persons, and that the Government will provide information on the action taken to this end.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observations which read as follows:

1. Article 1(a) of the Convention. For over ten years, the Committee has been referring in its comments to Legislative Decree No. 65 of 1979 respecting public meetings and gatherings, which establishes a system of prior authorization and, in the event of violations, provides for a penalty of imprisonment which involves, by virtue of the Penal Code, the obligation to work. The Committee noted that under section 6 of the above Decree, such authorization may be refused without giving reasons and that appeals against such refusal can be lodged only with the Minister of the Interior, whose decision is final. The Committee requested the Government to take the necessary measures to ensure observance of the Convention on this point.

In its previous report, the Government reiterated that the prior authorization provided for in the aforementioned Decree is a measure of national security and that it does not apply to private meetings.

The Committee recalls that it has noted on several occasions the importance for the effective observance of the Convention of legal guarantees respecting the right of assembly and the direct bearing that a restriction of this right can have on the application of the Convention. Indeed, it is often through the exercise of this right that political opposition to the established order can be expressed, and in ratifying the Convention the State has undertaken to guarantee persons who manifest this opposition in a peaceful manner the protection that the Convention affords them.

The Committee again asks the Government to take the necessary measures to bring Decree No. 65 of 1979 into conformity with the Convention, and, pending such action, to supply information on the application in practice of the provisions of the Decree, including the number of convictions for violations of its provisions and copies of any court decisions that define or illustrate their scope.

2. Article 2(c) and (d). In the comments that it has been making for more than ten years, the Committee has referred to Legislative Decree No. 31 of 1980 respecting security, order and discipline on board ship, under the terms of which certain breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment including an obligation to work.

The Committee noted that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention where such acts endanger the safety of the vessel or the life or safety of the persons on board, but that sections 11, 12 and 13 of Legislative Decree No. 31 of 1980 do not limit the application of the penalties involved in such acts.

The Committee requested the Government to re-examine Legislative Decree No. 31 of 1980 in the light of the Convention and to indicate the measures taken to bring the legislation on merchant shipping into conformity with the Convention.

In its previous report, the Government again referred to the need to be able to grant the captain of a vessel the necessary powers to maintain discipline and safety on board.

The Committee once more expresses the hope that the Government will take the necessary measures to amend Legislative Decree No. 31 of 1980 in order to limit the imposition of penalties involving compulsory labour to cases in which the violations committed constitute a danger for the life or safety of the persons on board and that it will provide information on the action taken to this effect.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's reports.

1. Article 1(a) of the Convention. For over ten years, the Committee has been referring in its comments to Legislative Decree No. 65 of 1979 respecting public meetings and gatherings, which establishes a system of prior authorization and, in the event of violations, provides for a penalty of imprisonment which involves, by virtue of the Penal Code, the obligation to work. The Committee noted that under section 6 of the above Decree, such authorization may be refused without giving reasons and that appeals against such refusal can be lodged only with the Minister of the Interior, whose decision is final. The Committee requested the Government to take the necessary measures to ensure observance of the Convention on this point.

In its latest report, the Government reiterates that the prior authorization provided for in the aforementioned Decree is a measure of national security and that it does not apply to private meetings.

The Committee recalls that it has noted on several occasions the importance for the effective observance of the Convention of legal guarantees respecting the right of assembly and the direct bearing that a restriction of this right can have on the application of the Convention. Indeed, it is often through the exercise of this right that political opposition to the established order can be expressed, and in ratifying the Convention the State has undertaken to guarantee persons who manifest this opposition in a peaceful manner the protection that the Convention affords them.

The Committee again asks the Government to take the necessary measures to bring Decree No. 65 of 1979 into conformity with the Convention, and, pending such action, to supply information on the application in practice of the provisions of the Decree, including the number of convictions for violations of its provisions and copies of any court decisions that define or illustrate their scope.

2. Article 2(c) and (d). In the comments that it has been making for more than ten years, the Committee has referred to Legislative Decree No. 31 of 1980 respecting security, order and discipline on board ship, under the terms of which certain breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment including an obligation to work.

The Committee noted that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention where such acts endanger the safety of the vessel or the life or safety of the persons on board, but that sections 11, 12 and 13 of Legislative Decree No. 31 of 1980 do not limit the application of the penalties involved in such acts.

The Committee requested the Government to re-examine Legislative Decree No. 31 of 1980 in the light of the Convention and to indicate the measures taken to bring the legislation on merchant shipping into conformity with the Convention.

In its latest report, the Government again refers to the need to be able to grant the captain of a vessel the necessary powers to maintain discipline and safety on board.

The Committee once more expresses the hope that the Government will take the necessary measures to amend Legislative Decree No. 31 of 1980 in order to limit the imposition of penalties involving compulsory labour to cases in which the violations committed constitute a danger for the life or safety of the persons on board and that it will provide information on the action taken to this effect.

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

1. Article 1(a) of the Convention. For over ten years, the Committee has been referring in its comments to Legislative Decree No. 65 of 1979 respecting public meetings and gatherings, which establishes a system of prior authorization and, in the event of violations, provides for a penalty of imprisonment which involves, by virtue of the Penal Code, the obligation to work. The Committee noted that under section 6 of the above Decree, such authorization may be refused without giving reasons and that appeals against such refusal can be lodged only with the Minister of the Interior, whose decision is final. The Committee requests the Government to supply information on the application in practice of the provisions of Legislative Decree No. 65 of 1979, including the number of convictions for violations of these provisions and copies of court decisions that define or illustrate their scope, and to take the necessary measures to bring the above Decree into conformity with the Convention.

The Committee noted the Government's reiterated statement that the rules of law established by the State to assure public order are based on the sovereign right of States and that asking for the amendment of these rules represents an interference in the internal affairs of the country.

The Committee has noted on several occasions the importance for the effective observance of the Convention of legal guarantees respecting the right of assembly and the direct bearing that a restriction of this right can have on the application of the Convention. Indeed, it is often through the exercise of this right that political opposition to the established order can be expressed, and in ratifying the Convention the State has undertaken to guarantee persons who manifest this opposition in a peaceful manner the protection that the Convention affords them.

In its latest report, the Government states that the Constitution guarantees to individuals the right to hold private meetings without prior authorization and that public meetings which are peaceful and not contrary to morals are permitted under the conditions specified by the law, namely authorization from the governor of the district, which is subject to the requirements of public security. The Committee notes that this matter has been the subject of its comments for more than ten years and requests the Government to take the necessary measures to ensure observance of the Convention on this point.

2. In the comments that it has been making for more than ten years, the Committee has referred to Legislative Decree No. 31 of 1980 respecting security, order and discipline on board ship, under the terms of which certain breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment including the obligation to work.

The Committee noted that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention where such acts endanger the safety of the vessel or the life or safety of the persons on board, but that sections 11, 12 and 13 of Legislative Decree No. 31 of 1980 do not limit the application of the penalties involved to such acts.

The Committee requested to Government to re-examine Legislative Decree No. 31 of 1980 in the light of the Convention and to indicate the measures taken to bring the legislation on merchant shipping into conformity with the Convention.

In its latest report, the Government refers to the need to be able to grant the captain of a vessel the necessary powers to maintain discipline and safety on board.

The Committee requests the Government to take the necessary measures to amend Legislative Decree No. 31 of 1980 in order to limit the imposition of penalties involving forced labour to cases in which the violations committed constitute a danger for the life or safety of the persons on board and to provide information on the progress achieved in this respect.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in its reports.

1. Article 1(a) of the Convention. In its previous direct request, the Committee noted that Legislative Decree No. 65 of 1979 respecting public meetings and gatherings establishes a system of prior authorization, providing in the event of violations for the penalty of imprisonment which involves, by virtue of the Penal Code, the obligation to work. The Committee notes that under section 6 of the above Decree, authorization may be tacitly refused without giving reasons, and appeals against a refusal can be lodged only with the Minister of the Interior, whose decision is final. The Committee notes the Government's reiterated statement that the rules of law established by the State in different areas in the form of laws, decrees, orders, or regulations, respond to the need for public order and that infractions of these provisions are punishable by a penalty so as to ensure their strict and effective application. This system is based on the sovereign right of States to govern throughout their territory. In the Government's opinion, asking for the amendment of these rules of law represents an interference in the internal affairs of the country; such a request is therefore not permissible and must be rejected.

The Committee notes the Government's indications. It must point out once again that in ratifying the Convention, the Government has undertaken to suppress, in its internal law, any sanctions involving compulsory labour, which would be imposed as a punishment for holding or expressing certain political views, or expressing their ideological opposition to the established political, social or economic system. As the Committee pointed out in paragraphs 138 and 139 of its 1979 General Survey on the Abolition of Forced Labour, observance of the Convention is in jeopardy where the Government may prohibit, subject to sanctions involving compulsory labour, specified persons from attending or addressing meetings or gatherings, or generally from taking part in any political activities. Since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings, the prohibition of specific categories of meetings may give rise to political coercion involving sanctions which are contrary to the Convention.

The Committee requests the Government re-examine the situation and to indicate the measures which it envisages taking to ensure the full conformity of the legislation with the provisions of the Convention.

2. Article 1(c). In its previous comments, the Committee noted that under Legislative Decree No. 31 of 1980 regarding security, order and discipline on board ship, certain breaches of discipline (including unauthorized absence, repeated disobedience or failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment including the obligation to work. The Committee observed that penalties inflicted as labour discipline or punishment for having participated in a strike involving acts endangering the safety of the vessel or the life or health of the persons on board do not come within the scope of the Convention. However, sections 11, 12 and 13 of the Decree do not limit the application of these sanctions to the above acts. The Committee therefore once again requests the Government to re-examine the Legislative Decree in the light of the Convention and the Committee's comments in paragraphs 117 and 125 of the above General Survey, and to indicate in its next report any measures which have been taken or are envisaged to bring the legislation on merchant shipping into conformity with the Convention on this point.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Article 1(a) of the Convention. Under Legislative Decree No. 65 of 1979 respecting public meetings and gatherings a system of prior authorisation is established, providing for the penalty of imprisonment (involving the obligation to work by virtue of the Penal Code) for non-compliance. The Committee has observed that under section 6 of the Decree, authorisation may be tacitly refused without giving reasons, and appeals against a refusal can be lodged only with the Minister of the Interior, whose decision shall be final. The Committee notes the Government's statement that the rules of law established by the State in different areas in the form of laws, decrees, orders, or regulations, respond to the need for public order; infractions of these provisions are punishable by a penalty so as to ensure their strict and effective application. This system is based on the sovereign right of States to govern within their territory. In the Government's opinion asking for the amendment of these rules of law represents an incursion into the internal affairs of the country; such a request is therefore not permissible and must be rejected.

The Committee takes note of the Government's indications. It must point out that in ratifying the Convention, the Government has undertaken to suppress, in its internal law, any sanctions involving compulsory labour, which would be imposed as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. As the Committee pointed out in paragraphs 138 and 139 of its 1979 General Survey on the Abolition of Forced Labour, observance of the Convention is in jeopardy where the Government may prohibit, subject to sanctions involving compulsory labour, specified persons from attending or addressing meetings or gatherings or generally from taking part in any political activities. Since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings, the prohibition of specific categories of meetings may give rise to political coercion involving sanctions contrary to the Convention.

The Committee has previously noted the Government's indications that there have been no recorded cases of denial of authorisation to hold a public meeting, it therefore hopes that on an appropriate occasion, it will be possible to bring Legislative Decree No. 65 of 1979 into conformity with practice as well as the Convention, and that the Government will indicate the action taken. Pending amendment of the Decree, the Committee requests the Government to continue to supply information on the practical application of section 5, including the number of cases in which authorisation was requested and granted and those in which it was refused, as well as sections 16 to 18 and 20 of the Decree, including the number of convictions made thereunder and copies of relevant court decisions.

2. Article 1(c). In previous comments the Committee noted that under Legislative Decree No. 31 of 1980 regarding security, order and discipline on board ship, certain breaches of discipline (including unauthorised absence, repeated disobedience or failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment including the obligation to perform work. The Committee has observed that penalties inflicted as labour discipline or punishment for having participated in a strike involving acts endangering the safety of the vessel or the life or health of the persons on board do not come within the scope of the Convention. Sections 11, 12 and 13 of the Decree do not, however, limit the application of punishment involving compulsory labour to cases which endanger the safety of the vessel or the life or health of the persons on board. The Committee accordingly again requests the Government to re-examine Legislative Decree No. 31 of 1980 in the light of the Convention and the Committee's comments in paragraphs 117 and 125 of the 1979 General Survey on the Abolition of Forced Labour, and to indicate in its next report any measures taken or under consideration to bring the legislation on merchant shipping into conformity with the Convention on this point.