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

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 this section, 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. In accordance with section 32 of the Penal Code, persons sentenced to the penalty of presidio are obliged to perform work as determined by the prison rules.

In its last report, the Government indicates that it will examine the situation of the conflict between the provisions of the Convention and section 11 of the State Security Act, as raised by the Committee of Experts. The Committee notes this information. It recalls in this regard 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. Referring also to the comments made on this point in relation to the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee expresses the firm hope that the Government will take the necessary measures for the amendment or repeal of the provisions of section 11 of the State Security Act so that persons participating peacefully in a strike are not liable to imprisonment, in the course of which they may be required to work.