Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Serbie (Ratification: 2003)

Autre commentaire sur C105

Observation

2020

Demande directe

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Article 1(a) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system, and for participating in strikes. The Committee previously noted that penalties of imprisonment (involving compulsory labour) may be imposed for the offence of causing panic or serious disruption of public peace and order, including acts committed through the media or at public gatherings (pursuant to section 343 of the Criminal Code) and for instigating national, racial and religious hatred and intolerance (section 317 of the Code). The Committee observed that these provisions of the Criminal Code provide for penal sanctions in circumstances defined in terms which are broad enough to give rise to questions about their application in practice. The Committee also noted that, pursuant to section 167 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment of up to three years, if the strike endangers, inter alia, “property of considerable extent” or if grave consequences result therefrom. It therefore recalled that Article 1(a) and (d) of the Convention prohibits the imposition of a prison sentence, involving compulsory labour, as a punishment for holding or expressing political views or for peacefully participating in a strike. The Committee noted the Government’s indication that the work of a convicted person is voluntary and that according to section 8 of the Rulebook on work of a convicted person (No. 145/2014), the expert team shall propose to the manager of the institution convicted persons’ participation in work based on defined levels of risk, mental and physical health or professional qualification, expressed wishes of the convicted persons and the capacities of the institution. The Committee requested the Government to indicate whether, according to section 11 of the Rulebook, the work that may be performed by a convicted person for no more than two hours for the maintenance of hygiene and other current work in the institution is voluntary.

The Committee notes the Government’s indication in its report that convicted persons may be hired to work in or outside the institution only if they give their consent, confirmed in a written statement. The Government further indicates the absence of any consequences for a convicted person who does not want to perform work and that he/she may decline to work at any time, despite previously giving consent. The Committee notes the copies, provided by the Government, of the documents containing the written consent of convicted persons to perform work.