Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 2(2)(c) of the Convention. Work of prisoners for private individuals, companies or associations. In its earlier comments, the Committee referred to certain provisions of the Act on the employment of persons deprived of liberty, of 28 August 1997, and Order No. 727 of 26 August 1998 on specific principles of employment of convicts, allowing prisoners to be employed by private employers (enterprises and natural persons). The Committee also noted from the provisions of Chapter 5 of the Penal Executory Code, of 6 June 1997, which governs the employment of prisoners, that inmates are employed not only on the basis of an employment contract, but also on the basis of an order assigning them to a specific job (“a referral to work”), which apparently does not require the convicted person’s consent, since it is based on a contract concluded between a penal institution and an employer and the legislation provides for an obligation of prisoners to perform labour.

The Committee has noted with interest the Government’s indication in its 2005 report that no cases of prisoners’ employment by private entrepreneurs without prisoners’ consent were noted during the reporting period. It has also noted the information concerning the amendment of Chapter 5 of the Penal Executory Code which relates to the employment of prisoners, and methods of fixing remuneration for their work as well as the application of new standards of occupational safety and health (sections 122(a) and 123). The Committee notes the Government’s indications concerning the application to prisoners of the social security provisions (section 127(1)). As the Committee noted previously, labour law provisions concerning hours of work and occupational safety and health are applicable to prison labour (section 121, paragraphs 1, 2 and 5). The Government states that the employment of prisoners outside prison premises is similar to voluntary employment relationship.

While noting this information, the Committee requests the Government to indicate, in its next report, how the freely given consent of convicts to work for private employers is ensured, particularly in a situation where prisoners are not employed on the basis of a contract, but work in accordance with an order assigning them to a specific job (“a referral to work”). Please also communicate a copy of the Ordinance on the detailed principles of prisoners’ employment, issued by the Ministry of Justice on 9 February 2004, to which reference is made in the report.

Articles 1(1), 2(1) and 25. Trafficking in persons for the purpose of exploitation. The Committee has noted with interest comprehensive information provided by the Government in its 2005 and 2007 reports concerning measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. It has noted, in particular, the information concerning the adoption and implementation of the National Programmes to Prevent and Combat Trafficking in Persons for 2003–04, 2005–06 and 2007–08, as well as the creation in 2004 of an anti-trafficking task force chaired by the Undersecretary of State in the Ministry of Internal Affairs and Administration. The Committee would appreciate it if the Government would continue to provide, in its future reports, information on the implementation in practice of the National Programme to Prevent and Combat Trafficking in Persons, supplying statistical information and copies of the relevant reports (such as, for example, a report on trafficking in human beings for the period of 2003–06), as well as information on the legal proceedings which might have been instituted against perpetrators and on the penalties imposed. Please also continue to provide information on measures taken or envisaged to amend legislation concerning trafficking and to improve law enforcement.