Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Lettonie (Ratification: 1992)

Autre commentaire sur C105

Demande directe

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee referred to the aw on meetings, marches and demonstrations of 1997 prohibiting the expression of certain political or ideological views. The Government previously indicated that violation of this Law is punishable by a fine or an administrative arrest for a term of up to 15 days, under section 174-3 of the Code of Administrative Offences, which provides for the application of such penalties in case of violation of the prescribed procedures for the organization and conduct of public meetings, processions and pickets.

The Committee notes the Government’s indication in its report that section 319 of the Code of Administrative Offences stipulates that persons who are detained in administrative arrest shall be used for physical work, which is to be organized by the relevant local governments. The Committee further notes that no administrative arrests have occurred relating to section 174-3 from January 2009 to June 2011.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Referring to the explanations provided in paragraphs 152–166 of its General Survey of 2007 on the eradication of forced labour, the Committee points out 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. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. Such views may be expressed orally or through the press or other communications media or through the exercise of the right of association or participation in meetings and gatherings.

In the light of the above considerations, the Committee requests the Government to provide information on measures taken or envisaged to ensure the observance of the Convention in this regard. Pending such measures, the Committee requests the Government to continue to provide in its next report, information on the application in practice of section 174-3, including copies of any court decisions defining or illustrating its scope, so as to enable the Committee to ascertain whether it is applied in a manner compatible with the Convention.

Article 1(c). Penal sanctions applicable to public officials and responsible employees of enterprises or organizations. The Committee previously referred to section 319 of the Criminal Law, which provides that the non-performance or improper performance of duties by a public official as a result of a negligent attitude, causing substantial harm to state interests or to other persons, is punishable, among others, by the penalties of deprivation of freedom (which involves compulsory prison labour) or community service. It also referred to section 197 of the Criminal Law, which makes punishable with similar sanctions the improper performance of duties by a responsible employee of an enterprise or organization, as a result of a negligent attitude, if substantial harm has been caused to the enterprise or organization or to the rights and interests of other persons.

The Committee notes the Government’s indication that amendments to the abovementioned sections of the Criminal Law to abandon penalties of community service are not planned. The Committee further notes on the basis of the information in the Government’s report that from 1 June 2009 until 1 June 2011, no persons were convicted under section 197 and ten persons were convicted under section 319 of which two were given penalties of community service. In addition, the Committee notes the detailed information provided on the court decisions in question and penalties imposed.

While noting the Government’s explanations and detailed information on the application of sections 197 and 319 of the Criminal Law, the Committee is bound to recall again that Article 1(c) of the Convention prohibits the use of any form of forced or compulsory labour, including compulsory prison labour and community service, as a means of labour discipline. Only acts which concern the operation of essential services and the exercise of functions which are essential to safety or to circumstances where the life or health of persons are endangered are excluded from the scope of the Convention. Therefore the Committee expresses the hope that the Government will take the necessary measures to review these provisions of the Criminal Law with a view to bringing them into conformity with the Convention. Pending such measures, the Committee requests the Government to continue to provide information on the application of sections 197 and 319 in practice, indicating in particular the penalties imposed and supplying copies of the relevant court decisions.

Communication of texts. The Committee once again requests the Government to provide, with its next report, copies of the full updated texts of the Code on the Execution of Sentences and the Code of Administrative Offences, as well as a copy of the State Probation Service Law, 2003, as amended, and invites the Government to submit the texts in question in their original language.