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Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Other comments on C105

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Article 1(a) of the Convention. Sanctions involving compulsory labour as punishment for the expression of political or ideological views. 1. Decree No. B-10 of 29 June 1983. The Committee previously observed that sections 1 and 2 of the Decree No. B-10 of 29 June 1983 (read together) provide for sanctions of imprisonment for possessing or distributing publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security. It also noted that under section 9 (2) of the 2015 Penal Code, the judge may impose community service on prisoners who have been convicted to custodial sentence. The Government indicated in this regard that the Decree No. B-10 had not been applied in practice though it remained valid.
The Committee notes the Government’s indication in its report that the Minister of Labour has continued advising the Minister of Justice and Police to repeal the above-mentioned Decree given that it is not applied in practice.
The Committee requests the Government to provide information on any legislative repeal or amendment process undertaken in respect of the Decree No. B-10 of 29 June 1983. It also requests the Government to continue to ensure that such Decree is not used in practice to impose sanctions involving compulsory labour (including community service) on persons who express political or ideological views or oppose the established order.
2. Sanctions involving compulsory labour for acts against the public authority. The Committee observes that section 152 of the Penal Code provides that any person who intentionally offends the Head of State or the acting Head of State shall be punished with imprisonment not exceeding five years. It also notes that, according to section 173 of that Code, any person who deliberately acts in an offensive manner in public, orally, in writing or in using images against the public authority, public body or institution, shall be punishable with imprisonment of not more than two years.
The Committee requests the Government to provide information on the manner in which sections 152 and 173 of the Penal Code are interpreted and applied by the Judiciary, including information on the type of conduct, under section 152 of the Code, which has been determined by the Court to be conduct which intentionally offends. The Committee also requests information on the number of prosecutions initiated, convictions, specific penalties imposed and on the facts that led to the convictions.
Article 1(c). Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. The Committee previously requested the Government to review section 464(1) indent 4 of the Penal Code, which provides for the application of a penalty of imprisonment to seafarers who disobey orders given for the purpose of keeping the discipline and order on board. The Committee notes the Government´s indication that it has recommended the Minister of Justice and Police to review that provision with a view to ensure that sanctions involving compulsory labour are restricted to breaches of labour discipline by seafarers in situations where the ship or the life or health of the persons is endangered. The Committee requests the Government to continue providing information on any further steps taken with a view to reviewing section 464(1) indent 4 of the Penal Code to limit their scope to situations where a breach of labour discipline endangers the life or health of persons. Meanwhile, it requests the Government to provide information on the application in practice of section 464(1) indent 4 of the Penal Code, including examples of judicial decisions and information on behaviours that might be covered under this provision of the Penal Code.
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