Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Tchéquie (Ratification: 1996)

Autre commentaire sur C105

Demande directe

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Article 1(c) of the Convention. Penal sanctions involving compulsory labour applicable to public officials for neglect of duty. Referring to its earlier comments, the Committee notes the adoption of the new Penal Code (Act No. 40/2009 Coll.) which has replaced the 1961 Penal Code. The Committee notes with regret that section 330(1) of the new Penal Code contains a provision similar to section 159(1) of the old Code, which has been the subject of the Committee’s comments since a number of years. In fact, under section 330(1), an official who, by performing his/her duties, obstructs the accomplishment of an important task by negligence or makes it substantially more difficult, is punishable with imprisonment for a term of up to one year (which involves compulsory prison labour, under the legislation on the execution of prison sentences). Under section 330(2)(a),(b) and (c), sanctions of imprisonment for a term of up to three years (involving compulsory labour) may be imposed on officials who cause serious disturbance in the operation of a state administration authority or other public authority, or cause substantial damage. The Committee notes the Government’s explanations concerning the interpretation of section 330 of the new Penal Code, which are very similar to those concerning the interpretation of section 159 of the old Code provided by the Government in its earlier reports. The Government indicates, in particular, that section 330 is applicable only in serious cases of violation of an official’s duty due to negligence, which results in the obstruction of the accomplishment of an important task or in making its accomplishment substantially more difficult.

While taking due note of this information, the Committee observes that section 330 of the new Penal Code is worded in very general terms, broad enough to be likely to fall within the scope of the Convention. The Committee refers in this connection to the explanations contained in paragraphs 175–178 of its 2007 General Survey on the eradication of forced labour, in which it considered that sanctions involving compulsory labour for breaches of labour discipline (including neglect of duty by public employees) may be compatible with the Convention only if such breaches impair or are liable to endanger the operation of essential services or which are committed either in the exercise of functions that are essential to safety or in circumstances where life or health are in danger. On the other hand, it may be recalled that, in so far as the labour discipline is concerned, it is always possible, without contravening the Convention, to have recourse to other disciplinary penalties, which do not include compulsory labour.

The Committee therefore hopes that, in the light of the above explanations, measures will be taken to amend section 330(1) and (2)(a),(b) and (c), so as to restrict its application to essential services in the strict sense of the term (that is, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population) or, more generally, to circumstances where the life or health of persons are in danger. Pending the adoption of such measures, the Committee requests the Government to provide the information on the application of the above provision in practice, including copies of the relevant court decisions and indicating the penalties imposed.