Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Forced Labour Convention, 1930 (No. 29) - Montenegro (Ratification: 2006)

Other comments on C029

Direct Request

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Articles 1(1) and 2(1) of the Convention. Freedom of civil servants to leave their service. The Committee notes that, according to section 99 of the Law on Civil Servants and State Employees, civil servants may voluntarily resign from service upon the submission of a written request for resignation, respecting a minimum notice period of seven days. The Committee requests the Government to indicate whether the resignation request can be refused and, if so, what could constitute grounds for such refusal.

Freedom of career members of the armed forces to leave their service. The Committee notes the Government’s indication in the report that, according to section 115(13) of the Law on the Armed Forces of Montenegro, career military officers might voluntarily terminate their employment upon the submission of a written resignation request. The Government also indicates that such requests are resolved under an urgent procedure and within a maximum period of 30 days. The Committee requests the Government to indicate whether the resignation request can be refused and, if so, what could constitute grounds for such refusal.

Article 2(2)(c). Prison labour. The Committee notes the Government’s statement in the report that, under the Law on Execution of Criminal Sanctions, convicts shall be provided with work in accordance with their physical and mental capacities, professional qualifications and needs of their treatment. The Committee further notes that by virtue of article 63 of the Constitution, any work or service performed as a consequence of a conviction in a court of law shall not be considered forced labour. The Committee requests the Government to provide an updated and consolidated text of the Law on Execution of Criminal Sanctions, as well as copies of any other provisions governing the work of persons serving a sentence of imprisonment, indicating, in particular, what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations.

Sentence of community service. The Committee notes the Government’s explanations concerning the execution of sentences of community service. It requests the Government to provide a copy of the new Law amending the Law on the Execution of Criminal Sanctions as soon as it is adopted.

Article 2(2)(d). Work or service exacted in cases of emergency. The Committee notes the Government’s indication in its report that cases of emergency are regulated in the Constitution, which provides, in article 25, that the exercise of certain human rights and liberties might be limited, to the necessary extent, during a proclaimed state of war or emergency. It also notes that article 63 of the Constitution excludes from the definition of forced labour any work demanded in case of crisis or accidents threatening human lives or property. The Committee requests the Government once again to indicate what guarantees are provided to ensure that the power to requisition labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee requested the Government to provide information on the application in practice of sections 162, 165, 444 and 446 of the Criminal Code of Montenegro, 2004, which punish with imprisonment the following penal offences: unlawful deprivation of liberty, coercion, trafficking in human beings and submission to slavery. Noting that the Government’s latest report contains no information on this issue, the Committee hopes that the Government will not fail to provide, in its next report, the information requested. Please also provide sample copies of relevant court decisions handed down under the above provisions of the Criminal Code, indicating the penalties imposed.