Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Serbie (Ratification: 2000)

Autre commentaire sur C029

Demande directe

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Article 2(2)(a) of the Convention. Compulsory military service. The Committee notes the provisions of the Defence Law No. 116/07 and the Law on Military, Labour and Material Obligation No. 88/09, supplied by the Government with its report, as well as the Government’s explanations concerning the use of compulsory military services for military purposes. The Committee would be grateful if the Government would provide a copy of the Law on Armed Forces of Serbia, referred to in the Government’s report.

Article 2(2)(c). 1. Prison labour. The Committee previously noted the provisions of the Law on Enforcement of Penal Sanctions Nos 85/2005 and 72/2009 concerning the obligation of prisoners to perform labour and their conditions of work, including hours of work and rest periods, occupational safety and health, remuneration and compensation for temporary disability (sections 86–100). It noted, in particular, that under section 89 of the Law, prisoners may be employed both inside and outside the institution, as well as the Government’s indication in the report that, in the latter case, the institution shall conclude a contract with the employer about the use of labour of prisoners. The Committee asked the Government to indicate whether prisoners can perform labour for private enterprises, and if so, whether the prisoners concerned give their voluntary consent to work for such enterprises.

The Government indicates that prison labour is performed with the prisoners’ consent, and that convicts are not forced to perform labour. While noting these indications, the Committee requests the Government once again to indicate, in its next report, whether prisoners can perform labour for private enterprises, and if so, how the voluntary consent of prisoners to work for private enterprises is guaranteed, so that such consent is free from the menace of any penalty. Please also communicate a copy of the Rules governing the work of prisoners, issued by the Minister of Justice, to which reference is made in section 100 of the Law on Enforcement of Penal Sanctions referred to above.

2. Sentence of community service. The Committee previously noted that, under section 52 of the Criminal Code, community service shall not be performed for the purpose of gaining profit and cannot be imposed by the court without the perpetrator’s consent. The Committee also noted that, under section 182 of the Law on Enforcement of Penal Sanctions referred to above, community service shall be performed for as legal person that pursues activities in the public interest, in particular, humanitarian, health, ecological and utility service activities, and the Ministry of Justice shall conclude a cooperation contract with the selected legal person concerning the performance of such work. The Committee further noted that, under section 184 of the Law on Enforcement of Penal Sanctions, the Ministry of Justice in cooperation with the Ministry of Labour shall issue detailed regulations on the enforcement of community service orders. Noting that the Government’s report contains no information on this issue, the Committee reiterates its hope that the Government will provide a copy of the regulations issued under section 184 of the above Law, as soon as they are adopted, as well as the information on their application in practice, indicating, in particular, the types of work performed by persons sentenced to community service, as well as the kinds of bodies and institutions for which such service is performed.

Article 25. Penalties for the exaction of forced or compulsory labour. In its earlier comments, the Committee referred to certain provisions of the Criminal Code punishing with sanctions of imprisonment the following penal offences: unlawful deprivation of liberty, coercion, trafficking in human beings and submission to slavery (sections 132, 135, 388 and 390). The Committee again requests the Government to provide information on the application of the above provisions in practice, supplying sample copies of the relevant court decisions and indicating the penalties imposed.