Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Abolition of Forced Labour Convention, 1957 (No. 105) - Israel (Ratification: 1958)

Further to its previous comments, the Committee notes the information provided by the Government in its report received in November 1997, including extracts from court decisions regarding the right to demonstrate and hold processions and certain aspects of freedom of association, and relating in particular to Article 1(a) of the Convention. Please continue to supply information of this kind.

Article 1(d). In comments made since 1980 the Committee has noted that, under section 160 of Penal Law 5737-1977, "if the Government is of the opinion that serious disturbances exist in labour relations, threatening or prejudicing the economy in Israel or trade with foreign States, it may by proclamation declare a state of emergency for the purposes of this section, and so long as such a proclamation is not revoked, a person who takes part in a lockout or strike in relation to the commercial transport of goods or conveyance of passengers in Israel or between Israel and foreign States or in the provision of a public service in Israel or incites to, aids or encourages such a lockout or strike or the continuance thereof is liable to imprisonment for one year", involving an obligation to perform labour. The Committee notes the Government's indication in its report received in November 1997 that the question of rephrasing of section 160, will be examined within the framework of an overall revision of the Penal Law which may take place in a few years' time. It recalls the Government's indication in its previous reports that no legal proceedings have been filed under this provision, and notes that during the strike in the public services in October 1997 organized by the General Federation of Labour section 160 was not enforced. The Committee reiterates its hope that this section of the Penal Law will be repealed or amended so as to ensure that no penalties involving compulsory labour may be imposed for the participation in strikes in contravention of the Convention. It requests the Government to continue to provide information on the practical application of this provision, as well as on any progress made in its revision.