Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee has noted the Government’s reply to its earlier comments. It has noted, in particular, the provisions of the Law on the Army (Official Gazette of the FRY, No. 43/94, as amended), supplied by the Government with its report, relating to the termination of service by the career military personnel, as well as the Government’s explanations concerning the application of these provisions. It has also noted the provisions of the above Law which govern the service of conscientious objectors.

Article 2(2)(a) of the Convention. Compulsory military service. The Committee notes that, under article 139 of the Constitution of the Republic of Serbia, the Army shall defend the country from external armed threat and perform other missions and tasks in accordance with the Constitution and Law. Article 141 of the Constitution provides for the enactment of the Law on the Army of Serbia. The Government indicates in its report that the preparation of the new Law on the Army is in progress. The Committee hopes that the Government will provide a copy of the new law, as soon as it is adopted. Please also indicate the provisions which ensure that services exacted under compulsory military service laws are used for purely military ends, as required by Article 2(2)(a) of the Convention.

Article 2(2)(c). 1. Prison labour. The Committee notes the provisions of the Law on Enforcement of Penal Sanctions (Official Gazette of the Republic of Serbia, No. 85/2005) concerning the obligation of prisoners to perform labour and their conditions of work, including hours of work and rest periods, occupational safety and health, remuneration and compensation for temporary disability (sections 86–100). It notes that, under section 89 of the Law, prisoners may be employed both inside and outside the institution, as well as the Government’s indication in the report that, in the latter case, the institution shall conclude a contract with the employer about the use of labour of prisoners. Referring to paragraphs 54–61 and 98–122 of its General Survey of 2007 on the eradication of forced labour, the Committee asks the Government to indicate in its next report whether prisoners perform labour for private enterprises and, if so, whether prisoners give their voluntary consent to work for private enterprises and whether such consent is free from the menace of any penalty. Please also communicate a copy of the rules governing the work of prisoners, issued by the Minister of Justice, to which reference is made in section 100 of the Law on Enforcement of Penal Sanctions referred to above.

2. Sentence of community service. The Committee previously noted that, under section 52 of the Criminal Code of the Republic of Serbia 2005, concerning a sentence of community service, such service shall not be performed for the purpose of gaining profit and cannot be imposed by the court without the perpetrator’s consent. The Committee notes that, under section 184 of the Law on Enforcement of Penal Sanctions referred to above, the Ministry of Justice in cooperation with the Ministry of Labour shall issue regulations on the enforcement of community service order. The Government indicates in its report that the enforcement of the sentence of community service has not yet started in practice, since the said regulations have not yet been adopted. The Committee hopes that the Government will provide a copy of the regulations, as soon as they are adopted, as well as the information on their application in practice, indicating, in particular, the types of work performed by persons sentenced to community service, as well as the kinds of bodies and institutions for which such service is performed.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted the penal provisions punishing with sanctions of imprisonment the following penal offences: unlawful deprivation of liberty, coercion, trafficking in human beings and submission to slavery (sections 132, 135, 388 and 390 of the Criminal Code of the Republic of Serbia, 2005). The Committee has noted statistical information relating to the criminal proceedings and convictions under sections 132, 135, 388, as well as the Government’s statement that no proceedings have been instituted under section 390 of the Criminal Code. It requests the Government to continue to provide information on the application of the above provisions in practice, supplying sample copies of relevant court decisions and indicating the penalties imposed.