Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

The Committee has noted the Government’s reply to its previous direct request, as well as a communication received from the Czech-Moravian Confederation of Free Trade Unions (CMKOS) in October 2004, which contains comments concerning the application of the Convention by the Czech Republic. It has noted that a new draft legislation on the armed forces aiming at the abolishing of compulsory military service is under consideration by Parliament. The Committee would appreciate it if the Government would keep the ILO informed of the developments in this field. 

1. Trafficking in persons for the purpose of exploitation. Referring to its comments addressed to the Government under Convention No. 182, likewise ratified by the Czech Republic, the Committee has noted the information provided by the Government on measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. It has noted, in particular, the Government’s indication that a new draft section 146 of the Penal Code aiming at reinforcing sanctions for trafficking in persons has been submitted to Parliament for adoption, and that the National Strategy against Trafficking, which includes measures on victim protection, was approved in September 2003. The Committee requests the Government to supply a copy of the new section 146 of the Penal Code, as soon as it is adopted, and provide information on the application in practice of the National Strategy referred to above, as well as on measures taken to ensure that penal provisions punishing perpetrators are strictly enforced.

2. Sentence of community work. The Committee has noted that the amendment to the Penal Code (Act No. 152/1995), which came into force on 1 January 1996, introduced a new sentence of community work (publicly beneficial work) (sections 45 and 45a). The sentence of community work may be imposed by a court on any person convicted of an offence punishable with imprisonment not exceeding five years, for a term of up to 400 hours; such work should be performed by a convicted person free of charge within one year after the court decision. Such work must not serve profitable purposes. The Government indicates in its report received in November 2002 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 draws the attention of the Government to Article 2(2)(c) of the Convention, which 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 requests the Government to indicate, in its next report, whether the voluntary consent of the convicted persons is obtained before the sentence is imposed by the court. Please also indicate the criteria used by the Government for selection of the humanitarian, social, charity, religious or sports organizations for such work.