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Abolition of Forced Labour Convention, 1957 (No. 105) - Montenegro (RATIFICATION: 2006)

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour by virtue of section 37 of the Law on the Execution of Criminal Sanctions) may be imposed under the following provisions of the Criminal Code: section 370 (causing and spreading national, racial and religious hatred and intolerance) and section 398 (instigating panic or serious disruption of public order, including acts committed through the media or at public gatherings). Concerning the application in practice of section 370, in 2014, two persons who were found guilty of spreading hatred against a religion, verbally and through electronic media, were sentenced to imprisonment from three to six months. The Committee considered that the sanctions applied in the above cases may fall within the scope of the Convention as they enforce a prohibition of the peaceful expression of views. It recalled 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. The Committee notes the Government’s information in its report that, in 2018, there were no cases recorded under section 398 of the Criminal Code. Under section 370, a court decision was handed down against one defendant, who received a suspended sentence of imprisonment of three months. The sentence will not be executed if the person concerned does not commit a new criminal offence within one year. The Committee observes that it is unclear if the person concerned in this case has used violence, incited to violence or engaged in preparatory acts aimed at violence.Recalling that no penalties involving compulsory labour may be imposed for the peaceful expression of political views opposed to the established system, the Committee requests the Government to continue providing information on the application in practice of sections 370 and 398 of the Criminal Code, supplying copies of the court decisions which could define or illustrate their scope.
Article 1(d). Sanctions for participating in strikes. In its earlier comments, the Committee noted that, under section 228 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment (involving compulsory prison labour) of up to three years, if the strike endangers, inter alia, “property of high value” or causes other grave consequences. The Committee recalled that, regardless of the legality of the strike action in question, no sanctions involving compulsory labour should be imposed on workers for the mere fact of organizing or peacefully participating in strikes (see 2012 General Survey on the fundamental Conventions, paragraph 315).
The Committee notes the Government’s information that there were no legal proceedings under section 228 of the Criminal Code in 2018.The Committee requests the Government to continue providing information on the application of section 228 of the Criminal Code in practice, supplying copies of the relevant court decisions and indicating the penalties imposed, in its future reports.

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour by virtue of section 37 of the Law on the Execution of Criminal Sanctions) may be imposed under the following provisions of the Criminal Code: section 370 (causing and spreading national, racial and religious hatred and intolerance) and section 398 (instigating panic or serious disruption of public order, including acts committed through the media or at public gatherings). Concerning the application in practice of section 370, in 2014, two persons who were found guilty of spreading hatred against a religion, verbally and through electronic media, were sentenced to imprisonment from three to six months. The Committee considered that the sanctions applied in the above cases may fall within the scope of the Convention as they enforce a prohibition of the peaceful expression of views. It recalled 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.

The Committee notes the Government’s information in its report that, in 2018, there were no cases recorded under section 398 of the Criminal Code. Under section 370, a court decision was handed down against one defendant, who received a suspended sentence of imprisonment of three months. The sentence will not be executed if the person concerned does not commit a new criminal offence within one year. The Committee observes that it is unclear if the person concerned in this case has used violence, incited to violence or engaged in preparatory acts aimed at violence. Recalling that no penalties involving compulsory labour may be imposed for the peaceful expression of political views opposed to the established system, the Committee requests the Government to continue providing information on the application in practice of sections 370 and 398 of the Criminal Code, supplying copies of the court decisions which could define or illustrate their scope.

Article 1(d). Sanctions for participating in strikes. In its earlier comments, the Committee noted that, under section 228 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment (involving compulsory prison labour) of up to three years, if the strike endangers, inter alia, “property of high value” or causes other grave consequences. The Committee recalled that, regardless of the legality of the strike action in question, no sanctions involving compulsory labour should be imposed on workers for the mere fact of organizing or peacefully participating in strikes (see 2012 General Survey on the fundamental Conventions, paragraph 315).

The Committee notes the Government’s information that there were no legal proceedings under section 228 of the Criminal Code in 2018. The Committee requests the Government to continue providing information on the application of section 228 of the Criminal Code in practice, supplying copies of the relevant court decisions and indicating the penalties imposed, in its future reports.

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour by virtue of section 37 of the Law on the Execution of Criminal Sanctions) may be imposed under the following provisions of the Criminal Code: section 370 (causing and spreading national, racial and religious hatred and intolerance) and section 398 (instigating panic or serious disruption of public order, including acts committed through the media or at public gatherings). It observed that the above sections of the Criminal Code provide for penal sanctions involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their application in practice.

The Committee notes the information provided by the Government in its report concerning the application in practice of section 370, whereby, in 2014, two persons who were found guilty of spreading hatred against a religion, verbally and through electronic media, were sentenced to imprisonment from three to six months. The Committee considers that the sanctions applied in the above cases may fall within the scope of the Convention as they enforce a prohibition of the peaceful expression of views. It recalls 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. The Committee therefore requests the Government to take all the necessary measures, both in law and in practice, in order to ensure that no penalties involving compulsory labour may be imposed for the peaceful expression of political views opposed to the established system, for example by clearly restricting the scope of sections 370 and 398 to situations connected with the use of violence, or by repealing sanctions involving compulsory labour. The Committee requests the Government to provide information on any progress made in this regard, as well as information on the application in practice of the sections referred to above, supplying copies of the court decisions which could define or illustrate their scope, in order to enable the Committee to assess their conformity with the Convention.

Article 1(d). Sanctions for participating in strikes. In its earlier comments, the Committee noted, referring also to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that, under section 228 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment of up to three years (which involves compulsory prison labour by virtue of section 37 of the Law on the Execution of Criminal Sanctions), if the strike endangers, inter alia, “property of high value” or causes other grave consequences. It recalled, referring also to the explanations in paragraph 315 of its 2012 General Survey on the fundamental Conventions concerning rights at work that, regardless of the legality of the strike action in question, no sanctions involving compulsory labour should be imposed on workers for the mere fact of organizing or peacefully participating in strikes. Noting that the Government’s report does not provide any information on this issue and that the court decisions supplied by the Government do not concern the application of section 228 in practice, the Committee requests the Government to take the necessary measures to ensure, both in law and in practice, that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in a strike. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 228 of the Criminal Code in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

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The Committee recalls 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 are incompatible with the Convention where they enforce a prohibition of the peaceful expression of views that are critical of government policy and the established political system.

In its earlier comments, the Committee observed that the above sections of the Criminal Code provide for penal sanctions involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their application in practice. The Committee notes the information concerning the application in practice of section 370, including copies of two court decisions communicated by the Government with its report. The Committee requests the Government to provide, in its next report, information on the application in practice of section 398 referred to above, supplying copies of the court decisions which could define or illustrate its scope, in order to enable the Committee to assess its conformity with the Convention. Please also continue to provide, in future reports, information on the application of section 370, as soon as such information becomes available.

The Committee recalls, referring also to the explanations in paragraph 315 of its 2012 General Survey on the fundamental Conventions concerning rights at work that, regardless of the legality of the strike action in question, no sanctions involving compulsory labour should be imposed on workers for the mere fact of organizing or peacefully participating in strikes. The Committee notes the information concerning the application of section 228 in practice, including a copy of a court decision communicated by the Government with its report. While noting this information, the Committee expresses the firm hope that measures will be taken to ensure, both in legislation and in practice, that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in a strike. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of section 228 of the Criminal Code in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

Communication of texts. The Committee notes the Law on Media and the Law on Public Radio Broadcasting Services, communicated by the Government with its report. The Committee requests the Government to provide a copy of the Law on Political Parties, which, according to the Government, was annexed to the report, but has not been received by the ILO.

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Communication of texts. The Committee notes a draft Law amending the Law on the Execution of Criminal Sanctions, communicated by the Government with its report. The Committee requests the Government to supply a full updated and consolidated text of the Law on the Execution of Criminal Sanctions with its next report. It also requests the Government once again to provide copies of laws governing the press and other media and laws governing political parties and associations.

-section 370 (causing and spreading national, racial and religious hatred and intolerance); and
-section 398 (instigating panic or serious disruption of public order, including acts committed through media or at public gatherings).

The Committee observed that the above provisions provide for penal sanctions involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their application in practice. It recalled that sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of views that are critical of government policy and the established political system. Noting that the Government’s report contains no information on this issue, the Committee requests the Government once again to provide information on the application of the above provisions in practice, supplying copies of the court decisions which could define or illustrate their scope, in order to enable the Committee to assess their conformity with the Convention.

Article 1(d). Sanctions for participating in strikes. The Committee previously noted, referring also to its comments addressed to the Government under Convention No. 87, that, in accordance with section 228 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment of up to three years (which involves compulsory prison labour) if the strike endangers, among others, “property of high value” or causes other grave consequences. The Committee recalled, referring also to the explanations in paragraph 189 of its 2007 General Survey on the eradication of forced labour that, regardless of the legality of the strike action in question, no sanctions of imprisonment should be imposed against a worker for peaceful participation in strikes. Noting the Government’s indication in the report that no criminal proceedings have been instituted against the organizers of unlawful strikes, the Committee reiterates its hope that measures will be taken to ensure, both in legislation and in practice, that no sanctions involving compulsory labour could be imposed for the mere fact of organizing or peacefully participating in a strike. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of section 228 in practice, supplying copies of court decisions and indicating the penalties imposed.

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The Committee notes the Government’s report on the application of the Convention. It requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws and regulations governing the execution of criminal sentences; laws governing the press and other media; and laws governing political parties and associations. Please also provide additional information on the following points.

– section 370 (causing and spreading national, racial and religious hatred and intolerance); and

– section 398 (instigating panic or serious disruption of public order, including acts committed through media or at public gatherings).

The Committee observes that the above provisions of the Criminal Code provide for penal sanctions involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their application in practice. It recalls that sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system. The Committee therefore requests the Government to provide information on the application of the above provisions in practice, supplying copies of the court decisions which could define or illustrate their scope, in order to enable the Committee to assess their conformity with the Convention.

Article 1(d). Sanctions for participating in strikes. Referring to its comments addressed to the Government under Convention No. 87, also ratified by Montenegro, the Committee has noted that, in accordance with section 228 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment of up to three years (which involves compulsory prison labour) if the strike endangers, among others, “property of high value” or causes other grave consequences. The Committee recalls, referring also to the explanations in paragraph 189 of its 2007 General Survey on the eradication of forced labour that, regardless of the legality of the strike action in question, no sanctions of imprisonment should be imposed against a worker for having carried out a peaceful strike.

The Committee hopes that measures will be taken to ensure that no sanctions involving compulsory labour could be imposed for the mere fact of organizing or participating in a peaceful strike. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 228 in practice, supplying copies of court decisions and indicating the penalties imposed.