CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Latvia (RATIFICATION: 1992)

Other comments on C105

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that the Criminal Law imposes sanctions of deprivation of liberty (involving compulsory labour pursuant to sections 56-1 and 56-10 of the Code of Execution of Sentences) or community service or a fine for situations covered by the Convention, namely: triggering of national, ethnic and racial hatred (section 78); desecration of State symbols (section 93); incitement of social hatred and enmity (section 150) and defamation (section 157). It requested the Government to provide information on the application in practice of the above sections of the Criminal Law.

The Committee notes the Government’s information in its report on the detailed interpretation and application in practice of the abovementioned provisions. Section 78 of the Criminal Law is aimed at punishing acts inciting hatred or enmity against a person or group of persons based on his/her national, ethnic, racial or religious affiliation, while section 150 establishes criminal liability for acts inciting hatred or enmity based on gender, age, disability of a person or any other personal characteristics. The Committee also notes that section 93 of the Criminal Law establishes criminal liability for acts of pulling down, tearing, breaking, destroying or other desecration of the coat of arms or the national flag, or public desecration of the national anthem. The Government indicates that the state symbols reflect the history of independence and the public order in the country. With regard to section 157, it is aimed at punishing acts of knowingly disseminating untrue or defamatory information of another person. Under this section, the criminal proceedings shall be initiated upon the complaint of the person to whom the harm has been inflicted. The Committee observes that certain limitations may be imposed by law on the rights and freedoms concerned, which shall be accepted as normal safeguards against their abuse, examples being laws against incitement to violence, civil strife or racial hatred (see 2012 General Survey on the fundamental Conventions, paragraph 302).

Article 1(c). Penal sanctions applicable to public officials and responsible employees of enterprises or organizations. The Committee previously referred to section 319 of the Criminal Law, which provides that the non-performance or improper performance of duties by a public official as a result of a negligent attitude, causing substantial harm to state interests or to other persons, is punishable, among others, by penalties of deprivation of liberty (which involves compulsory prison labour) or community service. It also referred to section 197 of the Criminal Law, which makes punishable with similar sanctions the improper performance of duties by a responsible employee of an enterprise or organization, as a result of a negligent attitude, if substantial harm has been caused to the enterprise or organization or to the rights and interests of other persons. The Committee also noted that, from 2013 to 2014, two officials who were convicted under section 197 of the Criminal Law were sentenced to community service, and of the four officials convicted under section 319, one of them was sentenced to deprivation of liberty for three years.

The Committee notes the Government’s information that, according to section 23 of the Law on the Procedures for the Entry-into-Force and Application of the Criminal Law, substantial harm refers to: (i) property loss equal to five times the minimum monthly wage and threats to other legal interests; (ii) property loss equal to ten times the minimum monthly wage; or (iii) significant threats to other legal interests. The Government indicates that forced labour is not imposed for the violation of labour discipline. Section 197 of the Criminal Law establishes criminal liability for acts endangering national economic interests, while the objective of section 319 is to protect the normal operation of governmental institutions and the public service. The Committee also notes the Government’s information that, from 2015 to 2017, two persons were convicted and sentenced to community service under section 197 of the Criminal Law; while seven persons were convicted under section 319, of whom two were sentenced to community service and three were sentenced to conditional deprivation of liberty.

The Committee recalls that Article 1(c) of the Convention prohibits the use of forced or compulsory labour “as a means of labour discipline”, which covers any measures to ensure the due performance by workers of their service under compulsion of law (in the form of physical constraint or the menace of a penalty), as well as any sanctions involving compulsory labour (including compulsory prison labour and community service). The Committee underlines that only acts which concern the operation of essential services and the exercise of functions which are essential to safety or to circumstances where the life or health of persons are endangered are excluded from the scope of the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 309–311). The Committee requests the Government to take the necessary measures to review these provisions of the Criminal Law with a view to bringing them into conformity with the Convention. Pending such measures, the Committee requests the Government to continue to provide information on the application of sections 197 and 319 in practice, indicating in particular the penalties imposed and supplying copies of the relevant court decisions.