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

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

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. For many years, the Committee has been referring to the National Decree of 20 July 1956 which requires prior authorization of meetings open to the public and other meetings in the district of Paramaribo under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly); sections 8 and 9 of the 1933 Decree provide for penalties involving compulsory labour. The Committee has also been referring to section 1 of Decree No. B-10 of 29 June 1983 which prohibits the importation, carrying, sale, distribution, possession, storage, production and reproduction of proscribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the Decree provides for penalties of imprisonment. Noting that persons sentenced to imprisonment and detention can be subjected to compulsory labour (according to sections 14, 16, 35 and 37 of the Penal Code), the Committee has pointed out on numerous occasions that, in so far as the above provisions are enforced by penalties involving an obligation to perform labour, they may accordingly lead to the imposition of compulsory labour as a punishment for expressing political or ideological views.

The Committee further noted the Government’s repeated indication in its previous reports that neither Decree No. B-10 nor the National Decree of 20 July 1956 were applied in practice, and that the Ministry of Justice and Police had been asked to bring them into conformity with the Convention.

The Committee notes the Government’s indication in its latest report that the above Decrees have not yet been repealed and that the Ministry of Labour, Technological Development and Environment will submit proposals made in recent years to the Ministry of Justice and the Minister of Justice, who took office in August 2010.

Noting the Government’s repeated assurances that it will give attention to the issues raised by the Committee of Experts, the Committee urges the Government to take the necessary measures, in the near future, to formally repeal the relevant provisions of the abovementioned decrees, in order to bring the legislation into conformity with the Convention and the indicated practice. It reiterates its request to the Government to provide, in its next report, information on the progress made in this regard.

Article 1(c) and (d). Sanctions involving compulsory labour for certain breaches of labour discipline by seafarers. For a number of years, the Committee has been referring to penal provisions applicable to seafarers which permit penalties of imprisonment (involving compulsory prison labour) to be imposed for certain breaches of labour discipline by seafarers, even in situations where the ship or the life or health of persons are not endangered. The Committee previously noted the Government’s statement that measures had been undertaken to repeal sections 456–458, 462–463 and 468, and to amend sections 455 and 464, of the Penal Code applying to seafarers. However, in its latest report the Government indicates that the relevant sections of the Penal Code have not been repealed or amended, but a completely revised text of the Penal Code has been approved by the Council of Ministers and adopted by the National Assembly.

Recalling that this issue has been the subject of the Committee’s comments for many years, the Committee requests the Government to supply, with its next report, a copy of the revised Penal Code, and information on how the revised Code has been brought into conformity with the Convention on this point.