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Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Freedom of career military personnel to leave their service. In its earlier comments, the Committee referred to section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, which stipulates that the duration of a contract to be signed with officers who have graduated from the Lithuanian Military Academy is until they reach the age for their transfer to the reserve. The Committee noted that under section 37 of the same Law, the Minister of National Defence may allow members of professional military personnel to terminate their contract prior to expiration for valid reasons, and a serviceman who wilfully terminates the contract prior to expiration without the approval of the Minister is considered absent without leave and dealt with in accordance with the law. The Committee observed that members of career military personnel who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length. It requested the Government to take measures with a view to bringing the legislation into conformity with the Convention.

The Committee previously noted the Government’s indication in its 2005 report that the provision of section 31(2) referred to above would be amended and that the Ministry of National Defence had formed a working group for that purpose, which had already drafted amendments to the Law on the Organization of the National Defence System and Military Service, providing for the conclusion with career members of the armed forces of fixed-term professional military service contracts for a term not exceeding five years.

However, the Committee notes from the Government’s latest report that the 1998 Law has not yet been amended. The Committee reiterates its hope that the above amendments to the Law on the Organization of the National Defence System and Military Service will soon be adopted and legislation will be brought into conformity with the Convention on this point. Pending the adoption of such amendments, the Committee again requests the Government to provide information on the application of the abovementioned section 37(2) in practice, indicating the number of applications for resignation accepted and refused, as well as the reasons for refusal. The Committee also requests the Government to communicate, with its next report, a copy of Order No. V-1293 of the Minister of National Defence of 19 December 2006 concerning the procedure for termination of a professional military service, referred to in the Government’s report.

Article 2, paragraph 2, subparagraph (c), of the Convention. Work of prisoners for private individuals, companies or associations. The Committee notes the information concerning the employment of prisoners, including relevant legislative provisions and statistics, communicated by the Government in its report.

The Committee previously noted that, under section 125(1) of the Code on the Execution of Penal Sentences (Law No. IX-994 of 27 June 2002), the work of convicted prisoners is compulsory. The Committee notes that, under section 125(4), convicts may be employed “in bodies other than corrective institutions or state enterprises”. The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that prisoners are hired to, or placed at the disposal of private individuals, companies or associations. As the Committee repeatedly pointed out, in order to be compatible with the Convention, work by prisoners for private companies must be performed in conditions approximating a free employment relationship; this necessarily requires the formal consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security, etc. (see e.g. paragraphs 59–60 of the Committee’s 2007 General Survey on the eradication of forced labour).

While noting from the information supplied by the Government that, under sections 128–132 of the Code on the Execution of Penal Sentences, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observes that, under the legislation in force, the formal consent of prisoners to work for private enterprises does not appear to be asked for. The Committee notes, however, the Government’s indications that the practice of employment of convicts in private companies has discontinued and, at present, convicts are employed either in the state-owned enterprises belonging to the penitentiary system or within the correctional institutions.

While noting that, at present, the work of prisoners for private enterprises does not take place in practice, the Committee nevertheless expresses the hope that, in the light of the above considerations, the Government will take measures in order to ensure that, both in the legislation and in practice, the work of prisoners for private enterprises will be carried out only with their voluntary consent, such consent being free from the menace of any penalty, including the loss of rights or privileges. The Committee requests the Government to provide, in its next report, information on the measures taken or envisaged in this regard. Pending the adoption of such measures, the Committee hopes that the Government will continue to provide information, including statistics, concerning the employment of prisoners, both inside and outside prison premises.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted that section 147-1 of the Criminal Code makes the illegal exaction of forced labour (including labour exacted in conditions of slavery or other inhuman conditions) punishable with various penal sanctions, including imprisonment for a term of up to eight years. The Committee notes the Government’s indication in the report that no proceedings have been instituted before the district courts under this section in 2007–09.

The Committee hopes that the Government will continue to provide, in its future reports, information on the application of section 147-1 in practice, supplying sample copies of the relevant court decisions, if any. The Committee also requests the Government once again to provide information on any legal proceedings which have been instituted under the criminal provisions punishing trafficking in persons, indicating the penalties imposed on perpetrators.

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Articles 1(1) and 2(1) of the Convention. Freedom of career military servicemen to terminate their service. In its earlier comments, the Committee noted that, according to section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, the duration of a contract to be signed with officers who have graduated from the Lithuanian Military Academy is until they reach the age for their transfer to the reserve. Section 37 of the same Law stipulates that the Minister of National Defence may allow professional military servicemen to terminate their contract prior to expiration for valid reasons, and a serviceman who wilfully terminates the contract prior to expiration without the approval of the minister is considered absent without leave and dealt with in accordance with the law. The Committee observed that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee has noted with interest the Government’s statement in its 2005 report that the provision of section 31(2) referred to above is going to be amended. The Government indicates that the Ministry of National Defence has formed a working group to draft amendments to the Law on the Organization of the National Defence System and Military Service, and this working group has already drafted amendments providing for the conclusion with servicemen of fixed-term professional military service contracts for a term not exceeding five years.

The Committee hopes that the above amendments to the Law on the Organization of the National Defence System and Military Service will be adopted in the near future and legislation will be brought into conformity with the Convention on this point. Pending the adoption of the amendments, the Committee requests the Government to continue to provide information on the application of the abovementioned section 37(2) in practice, indicating the number of applications for resignation accepted and refused, as well as the reasons for refusal.

Article 2(2)(c) of the Convention. Work of prisoners for private individuals, companies or associations. In its earlier comments, the Committee noted from the Government’s report that in the “open-type” institutions of correctional labour, convicts are allowed to work for private individuals or enterprises. The Government indicated, in particular, that the administration of Kybartai penitentiary establishment, which was the only “open-type” establishment of corrective labour in the country, was looking for job vacancies for convicts and concluded contracts with legal and natural persons, and that convicts were informed about such vacancies and employed with their consent.

The Committee recalled that Article 2(2)(c) of the Convention expressly prohibits that prisoners are hired to or placed at the disposal of private individuals, companies or associations. The Committee previously pointed out that, in order to be compatible with the Convention, work by prisoners for private companies must be performed in conditions approximating a free employment relationship; this necessarily requires the formal consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security, etc. The Committee also noted that, under section 125(1) of the code on the execution of penal sentences (Law No. IX-994 of 27 June 2002), the work of convicted prisoners is compulsory. It therefore requested the Government to indicate how the freely given consent of convicts to work for private employers is ensured.

The Committee notes the Government’s statement in its 2005 report that the practice of employment of convicts in private companies has discontinued and the Kybartai penitentiary establishment has been closed down. The Government further indicated in its 2005 and 2007 reports that, during the period from January 2005 to April 2007, only about 30 to 31.9 per cent of convicts have been employed, most of them in the state-owned enterprises belonging to the penitentiary system, and the rest of them in the correctional institutions proper.

While noting this information with interest, the Committee hopes that the Government will continue to provide, in its future reports, information concerning the employment of prisoners, both inside and outside prison premises, supplying copies of the relevant provisions. It also requests the Government to communicate a copy of the full text of the code on the execution of penal sentences referred to above.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee has noted that section 147-1 of the new Criminal Code, as amended on 23 June 2005, makes the illegal exaction of forced labour (including labour exacted in conditions of slavery or other inhuman conditions) punishable with various penal sanctions, including imprisonment for a term of up to eight years. The Committee has noted the Government’s indications in its 2005 and 2007 reports that no proceedings have been instituted under this section during the period of 2003–07. The Committee requests the Government to continue to provide, in its future reports, information on the application of section 147-1 in practice, supplying sample copies of the relevant court decisions, if any. Please also provide information on any legal proceedings which have been instituted under the Criminal Code provisions punishing trafficking in persons for the purpose of exploitation, indicating the penalties imposed on perpetrators.

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The Committee notes the Government’s reply to its earlier comments.

Freedom of career military servicemen to terminate their service. The Committee previously noted that, according to section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, the duration of a contract to be signed with officers who have graduated from the Lithuanian Military Academy is until they reach the age for their transfer to the reserve. Section 37 of the same Law stipulates that the Minister of National Defence may allow professional military servicemen to terminate their contract prior to expiration for valid reasons, and a serviceman who wilfully terminates the contract prior to expiration without the approval of the Minister is considered absent without leave and dealt with in accordance with the law.

The Committee referred to the explanations contained in paragraphs 33, 68 and 71-72 of its General Survey of 1979 on the abolition of forced labour, in which it pointed out that the provisions excepting compulsory military service from the prohibition of forced labour under the Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee observed that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Government indicates in its report of 2002 that usually termination of career military service in violation of section 37 does not incur any penal sanctions, but rather disciplinary punishment for absence without leave, such as dismissal from service. The Government states that, in practice, the application of provisions of section 37 does not raise any problems and, at present, ten to 20 servicemen are dismissed from service per year for important reasons at the permission of the Minister of National Defence.

While noting these indications, the Committee reiterates its hope that the necessary measures will be taken to amend the above provisions of the Law on the Organization of the National Defence System and Military Service so as to allow career servicemen to leave the service in peacetime at their own request, by means of notice of reasonable length, and subject to the conditions which may normally be required to ensure the continuity of the service, in order to bring legislation into conformity with the Convention on this point. Pending the amendment, the Committee requests the Government to continue to provide information on the application of the abovementioned section 37 in practice, indicating the number of applications for resignation accepted and refused, as well as the reasons for refusal.

Article 2(2)(c) of the Convention. The Committee previously noted from the Government’s report that in the "open-type" institutions of correctional labour, convicts are allowed to work for private individuals or enterprises. The Government indicates in its report of 2002 that the administration of the Kybartai penitentiary establishment, which is the only "open-type" establishment of corrective labour in the country, is looking for job vacancies for convicts and concludes contracts with legal and natural persons, and that convicts are informed about such vacancies and employed with their consent. The contracts contain provisions ensuring social protection of convicts and a possibility of supervision by the administration of their conditions of work and remuneration.

The Committee recalls that, under Article 2(2)(c) of the Convention, work or service exacted from any person as a consequence of a conviction in a court of law is excluded from the scope of the Convention if two conditions are met, namely: "… that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations".

This Committee has always made it clear that the two conditions are cumulative and apply independently; i.e. the fact that the prisoner remains at all times under the supervision and control of a public authority does not in itself dispense the government from fulfilling the second condition, namely that the person is not hired to or placed at the disposal of private individuals, companies or associations. As the Committee repeatedly pointed out, it is only when work or service is performed in conditions approximating a free employment relationship that work by prisoners for private companies can be held compatible with the explicit prohibition of the Convention; this necessarily requires the formal consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security, etc. (paragraphs 97-101 of the Committee’s General Survey of 1979 on the abolition of forced labour; paragraphs 128-143 of the Committee’s General Report to the 89th Session of the International Labour Conference, 2001).

The Committee has noted, however, that, under section 125(1) of the Code on the Execution of Penal Sentences (Law No. IX-994 of 27 June 2002) the work of convicted prisoners is compulsory. The Government is therefore requested to indicate how the freely given consent of convicts to work for private employers is ensured, without the menace of any penalty in the wide sense of Article 2, paragraph 1, of the Convention, such as loss of privileges or an unfavourable assessment of behaviour taken into account for reduction of sentence. The Committee also requests the Government to supply a copy of the full text of the Code on the Execution of Penal Sentences referred to above.

Article 25. The Committee notes the Government’s statement in its latest report that the new Criminal Code which came into force on 1 January 2003 contains no provision punishing the illegal exaction of forced or compulsory labour, but there are penal provisions punishing other offences (such as the unlawful deprivation of a person’s freedom) which might be applicable. The Committee requests the Government to provide, in its next report, information on any proceedings which may have been instituted under this provision and on any penalties imposed. Please also supply a copy of the new Criminal Code.

The Committee has also noted the Government’s indications in its 2002 report concerning the application of the old Criminal Code provisions punishing trafficking in human beings (section 131-3) and any acts that constitute a breach of labour laws (section 139, which, according to the Government, was also applicable in case of the illegal exaction of forced or compulsory labour). In case the new Criminal Code contains similar provisions, the Committee would appreciate it if the Government would supply information on their application in practice.

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The Committee has noted the information provided by the Government in reply to its previous direct request. It has noted, in particular, the provisions of the Law on Civil Protection of 15 December 1998, supplied by the Government under Article 2, paragraph 2(d), of the Convention.

Freedom of career military servicemen to terminate their service. The Committee has noted that, according to section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, the duration of a contract to be signed with officers who have graduated from the Lithuanian Military Academy is until they reach the age for their transfer to the reserve. Section 37 of the same Law stipulates that the Minister of National Defence may allow professional military servicemen to terminate their contract prior to expiration for valid reasons, and a serviceman who wilfully terminates the contract prior to expiration without the approval of the Minister is considered absent without leave and dealt with in accordance with the law.

The Committee refers in this connection to the explanations contained in paragraphs 68 and 71-72 of its 1979 General Survey on the abolition of forced labour, in which it pointed out that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. On the other hand, the provisions excepting compulsory military service from the prohibition of forced labour under the Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee hopes that the necessary measures will be taken to amend the above provisions of the Law on the Organization of the National Defence System and Military Service in order to bring it into conformity with the Convention on this point. Pending the amendment, the Committee requests the Government to provide information on the application in practice of the abovementioned section 37 of the Law.

Article 2, paragraph 2(c). The Committee has noted from the Government’s report that in the "open-type" institutions of correctional labour convicts are allowed to work for private individuals or enterprises. The Government indicates that such labour is not compulsory and that the convicts themselves freely choose it; that it is carried out on the basis of a contract concluded between the employer and the administration of the penitentiary institution and that there are social security provisions and a possibility of supervision by the administration of conditions of work and remuneration of convicts.

The Committee requests the Government to describe the organization of convicts’ work for private individuals and enterprises and to supply specimen copies of agreements concluded between the administration of the penitentiary institution and private users of convicts’ labour. The Government is also requested to indicate any measures taken to ensure that any work or service by convicts for private parties is performed in conditions approximating a free employment relationship; such measures should include any formal consent of the person concerned, as well as - given the absence of alternative access to the free labour market - further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security (see also paragraphs 112­ 125 of its General Report to the 86th Session of the International Labour Conference, 1998). The Committee also repeats its request for a copy of a full updated text of the Correctional Labour Code.

Article 25. The Committee has noted the Government’s repeated statement in its reports that no legal proceedings have been instituted as a consequence of the application of this Article. The Government also refers to section 139 of the Penal Code which provides for punishment of any acts that constitute a breach of labour laws. The Committee would appreciate it if the Government would indicate whether section 139 is applicable in case of the illegal exaction of forced or compulsory labour and provide, in future reports, information on any proceedings which may have been instituted under this section and on any penalties imposed.

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The Committee notes with interest the information provided by the Government in its first and second reports on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points.

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(a), of the Convention. The Committee notes that article 48 of the Constitution excludes compulsory military service or alternative service from the prohibition of forced labour. It would be grateful if the Government would indicate what guarantees are provided to ensure that work exacted during compulsory military service is for purely military ends. Please also provide information on provisions applicable to military officers and other career service personnel, as regards their right to leave the service at their own request in time of peace, either at certain reasonable intervals or by means of notice of reasonable length. Please supply a copy of the Law on the National Defence Service referred to in the Government's first report.

Article 2, paragraph 2(b). Please indicate any work or service (other than compulsory military service or work or service required in case of emergency) which may be exacted as normal civic obligations of citizens and therefore excluded from the definition of "forced or compulsory labour" under this provision of the Convention.

Article 2, paragraph 2(c). The Committee notes the Government's statement in its first report that prison labour is exacted from convicts as a consequence of a conviction in a court of law and is carried out in the penitentiary institutions under the supervision of the Ministry of Internal Affairs. Please indicate what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also supply a full updated text of the Correctional Labour Code.

Article 2, paragraph 2(d). The Committee notes that article 48 of the Constitution excludes from the definition of forced labour any work exacted in cases of emergency. The Committee would be grateful if the Government would indicate, in its next report, whether any special legislation concerning a state of emergency has been adopted, and if so, supply a copy. Please state what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency ceases as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee notes the Government's statement in its first report that no legal proceedings have been instituted as a consequence of the application of this Article. Please indicate provisions imposing penal sanctions for the illegal exaction of forced or compulsory labour and furnish information, in future reports, on any such proceedings which may have been instituted and on any penalties imposed.