Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide, in its next report, additional information on the following points.

Communication of texts. The Committee requests the Government to communicate, with its next report, a copy of the full updated text of the Code of Execution of Sentences, the Law on Detaining and any provisions governing conditions of work of convicted prisoners, as well as a copy of the State Probation Service Law, as amended. Please also supply a copy of a full updated text of the Code of Administrative Offences.

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 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, paragraph 2, subparagraph (a). Legislation concerning compulsory military service. The Committee has noted that, under section 2(1) of the Mandatory Military Service Law, 1997, as amended up to 2006, military service is compulsory for all male citizens. However, the Committee notes from the information available at the NATO web site that conscription was abolished in January 2007 and the armed forces became fully contract based. The Committee would appreciate it if the Government would clarify whether the Mandatory Military Service Law was amended or repealed and, if so, requests the Government to supply a copy of the repealing (amending) text.

Article 2, paragraph 2, subparagraph (c). 1. Prison labour. The Committee notes the Government’s indication in the report that prison labour is compulsory for convicted prisoners and that conditions of performing of such labour are governed by the Code of Execution of Sentences. The Committee requests the Government to describe in detail the conditions of work of convicted prisoners, supplying copies of the relevant provisions and indicating, in particular, whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, or whether convicts may also work for private companies, both inside or outside prison premises and, if so, on what conditions.

2. Sentence of community service. The Committee has noted from the Government’s report on the application of Convention No. 105 that the law of 28 April 2005 introduced amendments to section 40 of the Criminal Code and to sections 135–137 of the Code of Execution of Sentences concerning a sentence of community service. It noted that, according to the above provisions, community service as a penal sanction is performed, as an alternative to imprisonment, without remuneration, for a period not exceeding 180 hours (not more than four hours a day, outside the regular employment or studies). The community service is performed in the area where a convicted person resides, as specified by the community service implementation authorities, and may be replaced by confinement in prison, if the convicted person fails to fulfil his or her labour obligations. The Committee notes from the Government’s report that section 137 of the Code of Execution of Sentences provides for the obligations of the employer who employs a person sentenced to the community service and who, for that reason, may conclude a contract for the employment of such a person with the institution responsible for the enforcement of the community service. The work to be performed as community service must be for the benefit of the public, and the employer shall observe the safety provisions and provide conditions of work in accordance with the requirements of labour protection. The employer must supply all the necessary instruments and tools and must supervise the performance of the assigned work. The employer shall also report to the institution responsible for the enforcement of the community service about the performance of the work and shall transfer to that institution the money for the work performed.

The Committee recalls that, under the Convention, convicted persons must not be hired to, or placed at the disposal of, private individuals or companies. It also refers to the explanations contained in paragraphs 123–128 of its General Survey of 2007 on the eradication of forced labour, where it has considered that voluntary consent by the convicted person to working for a private employer is a necessary condition for such employment not to fall under the express prohibition of Article 2(2)(c) of the Convention.

The Committee therefore requests the Government to provide further information on the modalities for serving this penalty, indicating, in particular, the types of work which may be imposed in the context of community service and the enterprises which are entitled to use the labour of persons sentenced to such penalty. Please indicate whether the labour of such persons may be used and supervised only by public institutions or also by private companies, and whether, in the latter case, a voluntary consent of convicted persons to work for private companies is required.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee notes the Government’s explanations in the report concerning the application of section 154-1 of the Criminal Code punishing trafficking in persons, which provides for penalties of deprivation of liberty ranging from three to eight years, or five to 12 years if the victim is a minor. The Committee requests the Government to provide information on the penalties imposed under section 154-1, supplying sample copies of the relevant court decisions. Please also provide information on measures taken or envisaged to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying copies of the relevant documents (such as, for example, a national anti-trafficking action plan) and available statistics.

Please indicate whether there are any other penal provisions under which proceedings concerning the illegal exaction of forced or compulsory labour might have been instituted and supply information on the penalties imposed. Please indicate, in particular, whether any legal proceedings have been instituted under section 152 (Unlawful deprivation of liberty) of the Criminal Code, in relation to the crimes committed for the purpose of sexual or labour exploitation. Please also provide information on the application in practice of section 41 of the Code of Administrative Offences (Violation of legal provisions governing employment relationship), referred to by the Government in its report, indicating, in particular, whether this section is applicable to cases of the illegal exaction of forced or compulsory labour.