Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the Government’s reply to its earlier comments. It requests the Government to provide, in its next report, information in response to the Committee’s general observation of 2000 on measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation.

Article 2(2)(c), of the Convention. The Committee has noted the adoption of the Imprisonment Act, of 14 June 2000, which contains provisions concerning the work of prisoners, and the repeal of respective provisions of the Code of Executive Procedures (RT I, 1997, 43/44, 723). It has noted with interest that, under section 41 of the Act, a prisoner shall be allowed to work outside a prison only with his or her consent, and that provisions of labour law, including the provisions concerning entry into employment contracts, remuneration and holidays, shall apply to unsupervised work of prisoners outside a prison; under sections 37(5) and 38(3), prisoners may work for private individuals or companies within the territory of a prison only with the consent of the prisoners concerned; under section 43(2), remuneration of a prisoner is calculated on the basis of the current minimum wage, the nature of the work and the amount of time actually worked by the prisoner.

The Committee requests the Government to describe the organization of prisoners’ work for private individuals or companies inside prison premises, indicating in particular their conditions of work and social security, and to provide sample copies of contracts concluded between such individuals or companies with the state, to which reference is made in section 38(3) of the Imprisonment Act.

Article 25. The Committee has noted with interest that section 133 ("Enslaving") of the new Penal Code of 6 June 2001 makes punishable with imprisonment "placing a human being, through violence or deceit, in a situation where he or she is forced to work or perform other duties against his or her will for the benefit of another person". It requests the Government to provide information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour under section 133 and on any penalties imposed, including copies of relevant court decisions.