Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - Montenegro (Ratificación : 2006)

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Solicitud directa

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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 the media or at public gatherings). Concerning the application in practice of section 370, in 2014, two persons who were found guilty of spreading hatred against a religion, verbally and through electronic media, were sentenced to imprisonment from three to six months. The Committee considered that the sanctions applied in the above cases may fall within the scope of the Convention as they enforce a prohibition of the peaceful expression of views. It recalled 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.

The Committee notes the Government’s information in its report that, in 2018, there were no cases recorded under section 398 of the Criminal Code. Under section 370, a court decision was handed down against one defendant, who received a suspended sentence of imprisonment of three months. The sentence will not be executed if the person concerned does not commit a new criminal offence within one year. The Committee observes that it is unclear if the person concerned in this case has used violence, incited to violence or engaged in preparatory acts aimed at violence. Recalling that no penalties involving compulsory labour may be imposed for the peaceful expression of political views opposed to the established system, the Committee requests the Government to continue providing information on the application in practice of sections 370 and 398 of the Criminal Code, supplying copies of the court decisions which could define or illustrate their scope.

Article 1(d). Sanctions for participating in strikes. In its earlier comments, the Committee noted that, under section 228 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment (involving compulsory prison labour) of up to three years, if the strike endangers, inter alia, “property of high value” or causes other grave consequences. The Committee recalled 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 (see 2012 General Survey on the fundamental Conventions, paragraph 315).

The Committee notes the Government’s information that there were no legal proceedings under section 228 of the Criminal Code in 2018. The Committee requests the Government to continue providing 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, in its future reports.