Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee has noted the information provided by the Government in its report. It has noted, in particular, the adoption of the new Military Service Act (No. 585/2004) which abolished compulsory military service and introduced a principle of voluntary enlistment into the armed forces.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Referring to its comments addressed to the Government under Convention No. 182, likewise ratified by the Czech Republic, the Committee has noted the adoption of a new section 232a of the Penal Code concerning trafficking in persons (introduced by Act No. 537/2004), as well as the information provided by the Government on the application in practice of the penal provisions concerning trafficking and related crimes. It has also noted the information on measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including victim protection measures, taken under the National Strategy to Combat Trafficking of 2003, as well as the adoption of the National Strategy for the years 2005–07 (approved by Government resolution No. 957 of 2005). The Committee would appreciate it if the Government would provide, in its next report, information on the application in practice of the National Strategy adopted in 2005 and on further legislative developments in this field (e.g. in connection with the perspective of the adoption of the new Penal Code), indicating, in particular, measures taken to ensure that penal provisions punishing perpetrators are strictly enforced.

Article 2(2)(c). Sentence of community work. The Committee previously noted that sections 45 and 45a of the Penal Code, as amended, provide for a sentence of community work (publicly beneficial work), which may be imposed by a court, as an alternative to imprisonment, for a term of up to 400 hours, such work being performed by a convicted person free of charge and must not serve profitable purposes. The Committee also noted that Act No. 265/2001 amending the Penal Code expanded the range of work to be performed by convicted persons, which currently can be performed for the state or other communal institutions dealing with education and science, culture, school system, health protection, support and protection of youth, as well as with humanitarian, social, charity, religious and sport activities.

The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that convicted persons are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory work of convicted persons does not extend to their work for private parties, even if they are not for profit and even if they are under public supervision and control. The Committee also refers to the explanations contained in paragraphs 123–128 of its General Survey of 2007 on the eradication of forced labour, where the Committee has considered that, in order to ensure compliance with the Convention in a situation where community work may be performed for private institutions, such as e.g. charitable bodies, convicted persons must give their formal consent to perform community work.

The Committee notes from the Government’s explanations in the report and from the wording of section 45a of the Penal Code, that, though the court will take into account the standpoint of the offender as regards the imposition of the penalty of community work, there is no requirement in the legislation that such penalty should be imposed with the consent of the offender. Noting also the Government’s indications concerning selection of the organizations where the penalty of community work is to be performed, as well as respective provisions of the Rules of Criminal Procedure (No. 141/1961) and the Internal and Office Procedure for District, Regional and Supreme Courts (Instruction of the Ministry of Justice No. 505/2001), the Committee requests the Government to indicate clearly, in its next report, whether community work can be performed for any private institution acting in the community interest and to provide a list of authorized associations and institutions, giving also examples of the types of work to be performed as community work. Please also indicate measures taken or envisaged to ensure the conformity with the Convention on this point.