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Abolition of Forced Labour Convention, 1957 (No. 105) - Bosnia and Herzegovina (RATIFICATION: 2000)

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Impact of compulsory prison labour on the application of the Convention. Brčko District. With respect to its previous request concerning the voluntary character of the work performed by convicts, the Committee notes that by virtue of section 112(1) of the Criminal Code of the Brčko District of 2003, convicted persons sentenced to imprisonment may work only with their consent. The Committee further observes that the violation of the legislation governing political parties, assemblies, meetings and demonstrations in the Brčko District, in particular the Law on Peaceful Gathering of 29 July 2020, the Law on Political Organizations of 29 August 2002, the Law on Public Assembly of 25 July 2012, and the Law on Public Order and Peace of 14 October 2009, is punishable by a fine.

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Impact of compulsory prison labour on the application of the Convention and communication of texts. Brčko District. The Committee previously requested the Government to indicate whether work in prisons is voluntary in the Brčko District. It also requested the Government to provide a copy of its Law on Execution of Criminal Sanctions of the Brčko District, as well as copies of its legislation governing political parties, the press and other media, assemblies, meetings and demonstrations.

The Committee notes the Government’s information in its report that, in the Brčko District, there is no legal basis for the use of any form of forced or compulsory labour as a means of political coercion or education or a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, as a means of labour discipline, or as a punishment for having participated in strikes. The Government also indicates that there are no cases of forced or mandatory work activities used as a method of mobilizing or using labour for purposes of economic development. Moreover, there are no special provisions or measures in relation to existing racial, social, national or religious groups that may possibly lead to the forced or compulsory labour of members of such groups. While taking due note of the information provided by the Government, the Committee once again requests the Government to provide a copy of the Law on Execution of Criminal Sanctions of the Brčko District, as well as copies of the legislation governing political parties, the press and other media, assemblies, meetings and demonstrations in the Brčko District, in order to enable the Committee to assess their conformity with the Convention.

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Impact of compulsory prison labour on the application of the Convention. Noting the Government’s indication on the voluntary character of the work performed by convicts in the Republica Srpska, the Committee requests the Government to indicate whether the work in prisons is voluntary in the Brcko District. Please supply a copy of the Law on Execution of Criminal Sanctions of the Brcko District.

Communication of texts. The Committee once again requests the Government to supply copies of the legislation governing political parties; the press and other media; assemblies, meetings and demonstrations in the Brcko District.

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The Committee notes the information provided by the Government in reply to its earlier comments, including legislative texts annexed to the report. The Committee notes, in particular, that section 21(2) of the Law on Execution of Criminal Sanctions of the Republika Srpska expressly provides for the voluntary character of the work performed by convicts.

Communication of texts. The Committee again requests the Government to supply, with its next report, a copy of the Law on Execution of Criminal and Minor Offence Sanctions – Core Law of the Brcko District. Please also provide copies of the laws in force in the Brcko District in the following fields: laws governing political parties; laws governing the press and other media; and laws governing assemblies, meetings and demonstrations.

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The Committee has noted with interest the information provided by the Government in its first and second reports 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 supply, with its next report, copies of laws on execution of the criminal and misdemeanour sanctions in the Republika Srpska and the district of Brcko. Please also provide copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and laws governing assemblies, meetings and demonstrations.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. The Committee has noted that the Criminal Code of the Republika Srpska provides for sanctions of imprisonment for a term of up to two years (which involves compulsory prison labour) for “inciting national, racial or religious hatred, discord or hostility” (section 377(1)).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee therefore requests the Government to provide, in its next report, information on the application of the abovementioned section 377(1) in practice, including copies of any court decisions defining or illustrating its scope, so as to enable the Committee to ascertain whether it is applied in a manner compatible with the Convention.