Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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

Autre commentaire sur C029

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the statistical information in the Government’s report concerning the application of section 388 of the Criminal Code on human trafficking. In 2012, 69 investigations were initiated, followed by indictments in 56 cases. In total, 29 prison sentences were imposed, as well as one fine, three suspended sentences and seven acquittals, while 89 persons are awaiting sentencing. The Committee also notes the information in the Government’s report submitted regarding the Worst Forms of Child Labour Convention, 1999 (No. 182), that 46 adult victims of trafficking were identified in 2012, and these included persons trafficked for sexual and labour exploitation. The Government indicates in this report that it operates the Centre for Protection of Victims of Human Trafficking, which is charged with coordinating protection and providing emergency accommodation to victims. The Committee requests the Government to pursue its efforts to prevent and combat trafficking in persons, and to provide information on measures taken in this regard. It also requests the Government to continue to provide information on the measures taken to ensure that victims of trafficking are provided with appropriate protection and services, as well as on the number of persons benefiting from these services. Lastly, it requests the Government to continue to provide information on the application of section 388 of the Criminal Code in practice, including the number of prosecutions, convictions and the specific penalties imposed.

Article 2(2)(a). Compulsory military service. Following its previous comments, the Committee notes that on 15 December 2010, the National Assembly adopted the Decision on the Abolition of Military Service (No. 95/10), abolishing compulsory military service as of 1 January 2011.

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 once again requests the Government to indicate, in its next report, whether prisoners can perform labour for private enterprises, and if so, how the voluntary consent of prisoners is guaranteed, so that such consent is free from the menace of any penalty. It also requests the Government to provide 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.

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, community service shall be performed with a legal entity that pursues activities in the public interest, in particular, humanitarian, health, ecological or public utility service activities, and the Ministry of Justice shall conclude a cooperation contract with the selected legal person concerning the performance of such work. It 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.

The Committee notes the Regulations on the Enforcement of Community Service Orders (No. 20/08) submitted with the Government’s report. The Committee notes that section 4 of these Regulations state that pursuant to a request by interested employers, or in direct cooperation with appropriate government bodies and organizations, the Ministry of Justice shall enter into agreements on cooperation with the selected employer on the performance of community service. The Committee requests the Government to provide information on the bodies and institutions that may act as an employer for the purpose of community service, indicating specifically if community service may be performed for non-governmental entities.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously requested information concerning the application of provisions of the Criminal Code on unlawful deprivation of liberty, coercion and submission to slavery (sections 132, 135 and 390 of the Code).

The Committee notes the Government’s indication that, throughout the reporting period, charges were filed in 190 cases for the offence of unlawful deprivation of liberty, and 57 criminal offences were found to have been perpetrated, resulting in ten prison sentences and 23 suspended sentences. The Government also indicates that in 2012, the prosecutor’s office acted in 316 cases involving coercion, and a total of 59 indictments were made, which resulted in the imposition of 11 prison sentences.