Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to supply, with its next report, copies of laws and regulations governing the execution of penal sentences. Please also provide additional information on the following points.

Articles 1(1) and 2(1) of the Convention. 1. Participation in paid public works. The Committee notes that under section 18 of the Law on the Employment of the Population and Social Protection in Case of Unemployment, which entered into force on 1 January 2006, “the national employment service provides the needed workforce for organization of paid public work by the territorial administration and the local self-governing bodies with the purpose of providing temporary employment of jobseekers”. During the period of participation in paid public works, the payment of unemployment benefits is suspended (section 38(1)). The Committee notes the Government’s indications in the report that, in 2005, 10,122 people took part in paid public works, which generally include socially useful works of irrigation, construction and maintenance of roads, village improvement, reparation of water supply facilities, etc. The Committee would appreciate it if the Government would clarify whether participation in such works is compulsory, and what sanctions are provided in case of a failure to participate in such works (e.g. suspension of the payment of unemployment benefits).

2. Freedom of career members of the armed forces to leave their service. Please indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Use of services exacted under compulsory military service laws. Please indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2(2)(c). Please supply copies of provisions governing the work of persons serving a sentence of imprisonment. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to, or placed at, the disposal of private individuals, companies and associations.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee notes the provisions of section 132 of the Criminal Code punishing with various penalties of imprisonment trafficking in persons for the purpose of exploitation. It also notes the Government’s indications in the report concerning a number of proceedings instituted under this section during the reporting period. The Committee would appreciate it if the Government would provide information on the penalties imposed under section 132, supplying sample copies of the relevant court decisions. Please also provide information on the application in practice of the National Anti-Trafficking Action Plan, such as the information on the prevention and protection measures, including statistics. Please indicate whether any proceedings concerning the illegal exaction of forced or compulsory labour have been instituted under other provisions of the Criminal Code, such as, e.g. section 133 (illegal deprivation of a person’s freedom), and supply information on the penalties imposed.