Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Freedom of career military personnel to leave their service. In its earlier comments, the Committee referred to section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, which stipulates that the duration of a contract to be signed with officers who have graduated from the Lithuanian Military Academy is until they reach the age for their transfer to the reserve. The Committee noted that under section 37 of the same Law, the Minister of National Defence may allow members of professional military personnel to terminate their contract prior to expiration for valid reasons, and a serviceman who wilfully terminates the contract prior to expiration without the approval of the Minister is considered absent without leave and dealt with in accordance with the law. The Committee observed that members of career military personnel who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length. It requested the Government to take measures with a view to bringing the legislation into conformity with the Convention.

The Committee previously noted the Government’s indication in its 2005 report that the provision of section 31(2) referred to above would be amended and that the Ministry of National Defence had formed a working group for that purpose, which had already drafted amendments to the Law on the Organization of the National Defence System and Military Service, providing for the conclusion with career members of the armed forces of fixed-term professional military service contracts for a term not exceeding five years.

However, the Committee notes from the Government’s latest report that the 1998 Law has not yet been amended. The Committee reiterates its hope that the above amendments to the Law on the Organization of the National Defence System and Military Service will soon be adopted and legislation will be brought into conformity with the Convention on this point. Pending the adoption of such amendments, the Committee again requests the Government to provide information on the application of the abovementioned section 37(2) in practice, indicating the number of applications for resignation accepted and refused, as well as the reasons for refusal. The Committee also requests the Government to communicate, with its next report, a copy of Order No. V-1293 of the Minister of National Defence of 19 December 2006 concerning the procedure for termination of a professional military service, referred to in the Government’s report.

Article 2, paragraph 2, subparagraph (c), of the Convention. Work of prisoners for private individuals, companies or associations. The Committee notes the information concerning the employment of prisoners, including relevant legislative provisions and statistics, communicated by the Government in its report.

The Committee previously noted that, under section 125(1) of the Code on the Execution of Penal Sentences (Law No. IX-994 of 27 June 2002), the work of convicted prisoners is compulsory. The Committee notes that, under section 125(4), convicts may be employed “in bodies other than corrective institutions or state enterprises”. The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that prisoners are hired to, or placed at the disposal of private individuals, companies or associations. As the Committee repeatedly pointed out, in order to be compatible with the Convention, work by prisoners for private companies must be performed in conditions approximating a free employment relationship; this necessarily requires the formal consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security, etc. (see e.g. paragraphs 59–60 of the Committee’s 2007 General Survey on the eradication of forced labour).

While noting from the information supplied by the Government that, under sections 128–132 of the Code on the Execution of Penal Sentences, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observes that, under the legislation in force, the formal consent of prisoners to work for private enterprises does not appear to be asked for. The Committee notes, however, the Government’s indications that the practice of employment of convicts in private companies has discontinued and, at present, convicts are employed either in the state-owned enterprises belonging to the penitentiary system or within the correctional institutions.

While noting that, at present, the work of prisoners for private enterprises does not take place in practice, the Committee nevertheless expresses the hope that, in the light of the above considerations, the Government will take measures in order to ensure that, both in the legislation and in practice, the work of prisoners for private enterprises will be carried out only with their voluntary consent, such consent being free from the menace of any penalty, including the loss of rights or privileges. The Committee requests the Government to provide, in its next report, information on the measures taken or envisaged in this regard. Pending the adoption of such measures, the Committee hopes that the Government will continue to provide information, including statistics, concerning the employment of prisoners, both inside and outside prison premises.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted that section 147-1 of the Criminal Code makes the illegal exaction of forced labour (including labour exacted in conditions of slavery or other inhuman conditions) punishable with various penal sanctions, including imprisonment for a term of up to eight years. The Committee notes the Government’s indication in the report that no proceedings have been instituted before the district courts under this section in 2007–09.

The Committee hopes that the Government will continue to provide, in its future reports, information on the application of section 147-1 in practice, supplying sample copies of the relevant court decisions, if any. The Committee also requests the Government once again to provide information on any legal proceedings which have been instituted under the criminal provisions punishing trafficking in persons, indicating the penalties imposed on perpetrators.