Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Ukraine (Ratification: 1956)

Other comments on C029

Observation

Direct Request

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The Committee notes the Law on Military Service, as amended up to 18 October 2011, supplied by the Government with its report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the adoption of the Law on Combating Trafficking in Human Beings, of 20 September 2011. The Committee also notes the statistical information on cases registered in 2007–10 under section 149 of the Criminal Code (Trafficking in human beings) and on the penalties imposed on perpetrators.

The Committee requests the Government to provide, in its next report, information on the application of the 2011 Law in practice, specifically on the various measures taken or envisaged under this Law with a view to preventing trafficking in persons (sections 9 and 10), assisting and protecting victims of trafficking (sections 13–19) and combating trafficking in persons. This should include the information on the investigations of criminal acts relating to trafficking and on the prosecution and punishment of perpetrators (sections 11 and 12 of the Law, read in conjunction with section 149 of the Criminal Code referred to above), indicating the penalties imposed and supplying copies of the relevant court decisions.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. In its earlier comments, the Committee referred to certain provisions of the Criminal Code, under which various sanctions (such as fines, correctional works, arrest or limitation of freedom) may be imposed for serious violations of labour legislation, including the exaction of work which has not been provided for in the employment contract (sections 173). The Committee also noted the Government’s repeated indication in its reports concerning the applicability of the above penal provisions to cases of the exaction of forced or compulsory labour and requested the Government to provide information on the application of section 173 in practice.

The Committee notes statistical information on the proceedings instituted under section 173 in 2007–10, supplied by the Government in its report. It notes, in particular, that two persons were convicted under this section in 2008 and six persons were convicted in 2010 (all convicts were punished with fines); no convictions were made in 2007 and 2009. The Committee requests the Government to provide information on the proceedings which led to the convictions in 2008 and 2010 under section 173 of the Criminal Code referred to above, supplying copies of the court decisions.