CMNT_TITLE

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that trafficking in persons is prohibited under section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties. It also noted that a National Committee for Combating Human Trafficking was established. Moreover, the Government indicated that an Anti-Trafficking Bill was elaborated and is under examination in Parliament. The Committee requested the Government to provide information on the activities undertaken by the National Committee for Combating Human Trafficking, and to indicate whether or not a national policy to combat trafficking in persons as well as the Anti-Trafficking Bill have been adopted.

The Committee notes the Government’s indication in its report that, the National Committee for Combating Human Trafficking is responsible for drawing up policies and formulating appropriate national mechanisms to combat and punish trafficking in persons, providing protection for victims and developing rehabilitation programmes. It is also in charge of preparing a national strategy to combat human trafficking, as well as drafting a national law, in this respect. Regarding the Anti-Trafficking Bill, the Government indicates that it is still before the Parliament. Moreover, the Government states that, in 2018 an agreement was concluded with the International Organization for Migration on a National Strategy to Combat Trafficking in persons, which had been suspended because of the war. While acknowledging the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee requests the Government to continue to provide information on the measures taken to prevent and combat trafficking in persons for sexual and labour exploitation and to protect victims. It also requests the Government to provide a copy of the Anti-Trafficking Bill, once adopted.

Articles 1(1) and 2(1). 1. Freedom of workers to terminate employment. In its earlier comments, the Committee noted that certain provisions of the Labour Code (Act No. 5 of 1995) allow the worker to resign under specific conditions. Section 35(2) lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice, as well as section 36, which provides for an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length. The Committee also noted the Government’s indication that the new draft Bill of the Labour Code includes a provision on the freedom of workers to resign without justification, provided they observe a notice period.

The Committee notes the Government’s indication that the draft Bill of the Labour Code was not adopted on time because of the war. It is providing for the possibility to terminate the employment contract with or without prior notice and under certain conditions. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee encourages the Government to step up its efforts to ensure the adoption of the draft Bill of the Labour Code in conformity with the Convention so that any worker can terminate his/her employment contract without indicating any specific reason provided they observe a reasonable notice period. Please provide information on any progress made in this regard.

2. Freedom of career military personnel to leave the service. The Committee noted that section 95 of Act No. 67 of 1991 concerning military service, stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he has spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service. The Committee requested the Government to take the necessary measures to amend the above-mentioned sections to be in conformity with the Convention.

The Committee notes an absence of new information in the Government’s report. The Committee recalls that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example, by means of notice of reasonable length. The Committee once again trusts that the necessary measures will soon be taken to amend sections 95 and 96 of Act No. 67 of 1991 concerning military service by ensuring that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the above-mentioned sections in practice, indicating in particular, over the past few years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that section 16 of Act No. 48 of 1991 on prison regulations allows prisoners to work outside the penitentiary establishments. It requested the Government to indicate whether prisoners are hired to, or placed at, the disposal of private individuals, companies or associations.

The Committee notes the Government’s indication that an implementing regulation for Act No. 48 was issued pursuant to Decree No. 221 (1999) on the regulation of prisons and will be provided to the Committee. The Government also adds that according to section 16 of Act No. 48, prisoners may be employed in public works, if circumstances require. The Committee requests the Government to indicate the guarantees provided to ensure that convicted prisoners are not hired to, or placed at, the disposal of private individuals, companies and associations. The Committee also requests the Government to supply a copy of Decree No. 221 (1999) on the regulation of prisons.