Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the information provided by the Government in its report. It notes, in particular, the adoption of the Constitution of the Czech Republic of 16 December 1992, as well as the Charter of Fundamental Rights and Freedoms, which provides in its article 9 for the prohibition of forced labour. The Committee would be grateful if the Government would supply, in its next report, additional information on the following points:

1. Article 2, paragraph 2(a), of the Convention. The Committee notes the provision of article 9, paragraph (2)(b), of the Charter of Fundamental Rights and Freedoms, which excludes military service or other service established by law in place of military service from the prohibition of forced labour. It also notes the Government's indications in the report that Law No. 82/1992 on civic (alternative) service has repealed and superseded Law No. 73/1990 on the same subject, and that detailed provisions concerning the implementation of the new Law have been laid down by Government Regulation No. 372/1992, as amended by Government Regulation No. 85/1993. The Committee would be grateful if the Government would supply, with its next report, copies of the new Law on civic (alternative) service of 1992 and of the Government Regulations mentioned above.

2. Article 2, paragraph 2(c). The Committee notes that work exacted in accordance with the law from persons condemned to imprisonment or to other punishment in place of imprisonment is excluded from the prohibition of forced labour, in virtue of article 9, paragraph (2)(a), of the Charter of Fundamental Rights and Freedoms. The Government informs in its report of the adoption of the Notification of the Ministry of Justice No. 247/1992 on the execution of sentences of imprisonment in the public prison institutions, which contains rules concerning employment and conditions of work of prisoners. The Committee would be grateful if the Government would supply, with its next report, a copy of the above-mentioned Notification. Please also state what guarantees are provided to ensure that prison labour shall be performed under the supervision and control of a public authority, and that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

3. The Committee notes the provision of article 9, paragraph (2)(d), of the Charter of Fundamental Rights and Freedoms, which excludes from the prohibition of forced labour "actions ordered by law to protect the life, health, or rights of others". Since such actions appear to be different from work or service excluded from the prohibition of forced labour in virtue of paragraph (2)(a), (b) and (c) of the same article of the Charter (i.e. work exacted as a consequence of a conviction in a court of law, compulsory military service, work or service exacted in cases of natural disasters, accidents or other danger threatening human life, health or significant property values), the Committee asks the Government to describe the above-mentioned actions, indicating, in particular, whether any laws or regulations have been adopted in order to implement the above-mentioned provision of article 9, paragraph (2)(d), of the Charter. In the affirmative, please supply copies of relevant texts, as well as the information on their application in practice.