Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s report on the application of the Convention. It notes, in particular, the Government’s statement that compulsory military service in Montenegro has been abolished. The Committee also notes the comments on the application of the Convention made by the Union of Free Trade Unions of Montenegro communicated by the Government. The Committee requests the Government to provide, in its next report, copies of laws and regulations governing the execution of criminal sentences, as well as additional information on the following points.

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to terminate their service. Please indicate 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)(c). Work or service exacted as a consequence of a conviction in a court of law. 1. Please provide information on provisions governing the work of convicted persons and supply copies of relevant texts. Please indicate what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations.

2. Sentence of community service. The Committee previously noted the provisions of section 41 of the Criminal Code of Montenegro, 2004, concerning a sentence of community service. The Committee noted that a sentence of community service can be imposed by a court for criminal offences punishable with imprisonment not exceeding three years and should be performed by a convicted person free of charge within the period that cannot be longer than six months. If such service is not properly performed, it may be converted into a sentence of imprisonment. The Committee also notes that no sentence of community service can be imposed without the perpetrator’s consent.

The Committee requests the Government to indicate, in its next report, the types of work to be performed by persons sentenced to community service, as well as the kinds of bodies and institutions for which such service shall be performed, stating, in particular, whether it may be performed only for the State or other communal institutions, or also for private institutions and associations acting in the community interest.

Article 2(2)(d). Work or service exacted in cases of emergency. Please provide a copy of legislation governing the state of emergency. Please indicate what guarantees are provided to ensure that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted the penal provisions punishing with sanctions of imprisonment the following penal offences: unlawful deprivation of liberty, coercion, trafficking in human beings and submission to slavery (sections 162, 165, 444 and 446 of the Criminal Code of Montenegro, 2004). The Committee requests the Government to provide information on the application of these provisions in practice, supplying sample copies of relevant court decisions and indicating the penalties imposed.