Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Abolition of Forced Labour Convention, 1957 (No. 105) - Montenegro (Ratification: 2006)

Other comments on C105

Direct Request

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Article 1(a) 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. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour by virtue of section 37 of the Law on the Execution of Criminal Sanctions) may be imposed under the following provisions of the Criminal Code: section 370 (causing and spreading national, racial and religious hatred and intolerance) and section 398 (instigating panic or serious disruption of public order, including acts committed through media or at public gatherings).

The Committee recalls that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of views that are critical of government policy and the established political system.

In its earlier comments, the Committee observed that the above sections of the Criminal Code provide for penal sanctions involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their application in practice. The Committee notes the information concerning the application in practice of section 370, including copies of two court decisions communicated by the Government with its report. The Committee requests the Government to provide, in its next report, information on the application in practice of section 398 referred to above, supplying copies of the court decisions which could define or illustrate its scope, in order to enable the Committee to assess its conformity with the Convention. Please also continue to provide, in future reports, information on the application of section 370, as soon as such information becomes available.

Article 1(d). Sanctions for participating in strikes. In its earlier comments, the Committee noted, referring also to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that, under section 228 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment of up to three years (which involves compulsory prison labour by virtue of section 37 of the Law on the Execution of Criminal Sanctions), if the strike endangers, inter alia, “property of high value” or causes other grave consequences.

The Committee recalls, referring also to the explanations in paragraph 315 of its 2012 General Survey on the fundamental Conventions concerning rights at work that, regardless of the legality of the strike action in question, no sanctions involving compulsory labour should be imposed on workers for the mere fact of organizing or peacefully participating in strikes. The Committee notes the information concerning the application of section 228 in practice, including a copy of a court decision communicated by the Government with its report. While noting this information, the Committee expresses the firm hope that measures will be taken to ensure, both in legislation and in practice, that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in a strike. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of section 228 of the Criminal Code in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

Communication of texts. The Committee notes the Law on Media and the Law on Public Radio Broadcasting Services, communicated by the Government with its report. The Committee requests the Government to provide a copy of the Law on Political Parties, which, according to the Government, was annexed to the report, but has not been received by the ILO.