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

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

Article 1(d) of the Convention. Sanctions involving compulsory labour as a punishment for having participated in strikes. For many years, the Committee has been drawing the Government’s attention to section 160 of Penal Law 5737 1977, which stipulates that: “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”. Such a sanction involves an obligation to perform labour by virtue of section 48(a) of the same Law. In this regard, the Committee requested the Government to take the necessary measures to ensure the adoption of the Bill on the employment of prisoners and to provide information on the progress made in this respect.

The Committee notes the Government’s indication that the Bill on the employment of prisoners which was tabled before the Knesset includes a provision stipulating that the obligatory work generally applicable to prisons shall not apply to a prisoner who is serving a sentence in respect of an offence under section 160 of the Penal Law. The Bill passed the first reading but the process was not continued because the Government fell. After a new Government was established, the process of revision has restarted. The Committee hopes that the revision process will follow its course and that the Government will take the necessary measures to ensure the adoption of the Bill on the employment of prisoners in order to bring the legislation into conformity with the Convention. The Committee requests the Government to supply a copy of the Bill, once adopted.