Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Communication of texts. The Committee again requests the Government to provide copies of laws and regulations governing the execution of penal sentences.

Articles 1(1) and 2(1) of the Convention. Participation in paid public works. The Committee previously noted that, under section 18 of the Law on the Employment of the Population and Social Protection in Case of Unemployment, which entered into force on 1 January 2006, “the national employment service provides the needed workforce for organization of paid public work by the territorial administration and the local self-governing bodies with the purpose of providing temporary employment of jobseekers”. During the period of participation in paid public works the payment of unemployment benefits is suspended (section 38(1)). The Committee notes the Government’s indications concerning the social nature of the paid public works, which generally include socially useful works of irrigation, construction and maintenance of roads, village improvement, reparation of water supply facilities, planting of trees, etc. According to the Government’s report, 8,189 persons participated in such works in 2006.

While noting these indications, the Committee again requests the Government to clarify whether participation in the paid public works is compulsory and whether sanctions are provided in case of a failure to participate in such works (such as, e.g. suspension of the payment of unemployment benefits).

Freedom of career members of the armed forces to leave their service. The Committee notes the Government’s indications in the report concerning termination of service of career military personnel (officers, junior officers and soldiers) who perform their service on the basis of a contract. The Government refers in this connection to section 51 (first part, point 10) of the Law on Military Service. The Committee requests the Government to communicate, with its next report, a copy of this Law, as well as other provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request.

Article 2(2)(a). Use of services exacted under compulsory military service laws. The Committee notes the Government’s indication in the report that the Law on Compulsory Military Service prohibits the creation of military units for construction works and similar types of work. The Government also states that the Law of 3 December 1996, to approve the statutes of stationary units of the armed forces, contains provisions governing the use of the armed forces to remedy the consequences of natural disasters and catastrophes. The Committee requests the Government to supply a copy of the above provisions with its next report. Please also communicate a copy of the Law on Alternative Service, to which reference has been made in the Government’s report.

Article 2(2)(c). Prison labour. The Committee again requests the Government to provide a copy of the provisions governing the work of convicted persons serving a sentence of imprisonment. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and whether guarantees are provided to ensure that convicted prisoners are not hired to, or placed at, the disposal of private individuals, companies and associations.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee previously noted the provisions of section 132 of the Criminal Code punishing with various penalties of imprisonment trafficking in persons for the purpose of exploitation. It notes the Government’s indications in the report concerning the number of convictions under this section during the period between 2004 and June 2009, as well as the number of convictions under section 133 (illegal deprivation of a person’s freedom) during the same period.

The Committee would appreciate it if the Government would indicate the penalties imposed under sections 132 and 133 referred to above and supply sample copies of the relevant court decisions. Please also provide information on the application in practice of the National Anti-Trafficking Action Plan, such as information on the prevention and protection measures, including available statistics.