Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s report on the application of the Convention. It requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws and regulations governing the execution of criminal sentences; laws governing the press and other media; and laws governing political parties and associations. Please also provide additional information on the following points.

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 notes that penalties of imprisonment (involving compulsory prison labour) 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 observes that the above provisions 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. It recalls that sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system. The Committee therefore requests the Government to provide information on the application of the above provisions in practice, supplying copies of the court decisions which could define or illustrate their scope, in order to enable the Committee to assess their conformity with the Convention.

Article 1(d). Sanctions for participating in strikes. Referring to its comments addressed to the Government under Convention No. 87, also ratified by Montenegro, the Committee has noted that, in accordance with 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) if the strike endangers, among others, “property of high value” or causes other grave consequences. The Committee recalls, referring also to the explanations in paragraph 189 of its 2007 General Survey on the eradication of forced labour that, regardless of the legality of the strike action in question, no sanctions of imprisonment should be imposed against a worker for having carried out a peaceful strike.

The Committee hopes that measures will be taken to ensure that no sanctions involving compulsory labour could be imposed for the mere fact of organizing or participating in a peaceful strike. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 228 in practice, supplying copies of court decisions and indicating the penalties imposed.