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Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 29) sur le travail forcé, 1930 - Lituanie (Ratification: 1994)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Lituanie (Ratification: 2020)

Autre commentaire sur C029

Demande directe
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  9. 1998

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the legal framework related to trafficking in persons, in particular section 147 of the Criminal Code which criminalizes trafficking in persons for both sexual and labour exploitation, regardless of the consent of trafficking victims, and establishes penalties ranging from two to 12 years of imprisonment. Legal entities may also be held liable for trafficking offences (sections 147(4) and 157(4) of the Criminal Code). The Committee takes note of Law No. XI-2198 of 30 June 2012 amending the Criminal Code, which removed liability for victims of trafficking and criminalized the use of forced labour or services provided by the victim of human trafficking, where the perpetrator was aware or had to be aware of the fact that the person was performing the work or services only because of the physical violence, threats, deceit or other methods of subjugation of a person’s will for exploitation purposes (section 1472 of the Criminal Code). Furthermore, the Committee notes that the Inter-Institutional Plan for the Implementation of the National Crime Prevention and Control Programme for 2013–15 includes activities aiming at preventing trafficking in persons, training relevant specialists, providing assistance to victims of trafficking and increasing the effectiveness of international cooperation.
The Committee notes that the Government ratified the Council of Europe Convention on Action against Trafficking in Human Beings in June 2012. In this regard, the Committee notes the report published on 20 March 2015 by the Group of Experts on Action against Trafficking in Human Beings (GRETA), concerning the application by Lithuania of the mentioned Convention (GRETA(2015)12). The Committee notes that as a result of the ADSTRINGO Project (“Addressing Trafficking in Human Beings for Labour Exploitation through Improved Partnerships, Enhanced Diagnostics and Intensified Organisational Approaches”) implemented in 2012–14 in the Baltic Sea Region, guidelines to prevent abusive recruitment, forced labour and trafficking of migrant workers in the region were adopted. The Committee observes that, as highlighted by GRETA’s report, Lithuania is mostly a country of origin of victims of trafficking, but also to a certain extent a country of destination, particularly for men subjected to trafficking for labour exploitation. The main countries of destination are Germany, Poland, the Netherlands and the United Kingdom. In this regard, the Committee notes that a British company is currently being sued in the United Kingdom for claims related to trafficking for labour exploitation by six Lithuanian migrants, five of them having been officially recognized as victims of human trafficking by the National Crime Agency’s Human Trafficking Centre.
The Committee further notes that the Government has been involved in different awareness-raising and training activities, with a particular focus on the identification of victims of trafficking. In this regard, the Committee notes the Government’s indication that the “Guidelines on pre-trial investigation into human trafficking”, aiming at defining the criteria for the identification of victims of trafficking, are currently drafted and will be approved jointly by the Public Prosecutor General, the Chief Labour Inspectorate and other competent authorities. While noting the various measures taken by the Government, the Committee notes that both the United Nations Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women, in their 2014 concluding observations, as well as GRETA, have urged the Government to ensure that all victims of trafficking are identified as such and can benefit from the assistance and protection measures provided for in the national legislation (E/C.12/LTU/CO/2, paragraph 16; CEDAW/C/LTU/ CO/5, paragraphs 26 and 27; and GRETA(2015)12). The Committee notes that in 2014, 22 cases were instituted on trafficking in persons under section 147 of the Criminal Code and 47 individuals were identified as victims of trafficking in persons (among which were 25 men, 19 women and three children), 40 traffickers were prosecuted and 18 traffickers were convicted. Noting the efforts made to combat trafficking in persons, the Committee requests the Government to provide information on the implementation of the Inter-Institutional Plan for the Implementation of the National Crime Prevention and Control Programme for 2013–15, indicating whether the objectives set out have been achieved and whether an evaluation has been undertaken in order to assess the impact of the measures adopted. The Committee also requests the Government to provide information on the application in practice of sections 147 and 1472 of the Criminal Code, including the number of investigations, prosecutions and convictions related to trafficking in persons, both for purposes of sexual and labour exploitation, as well as the penalties applied to those convicted. Please also provide information on the measures taken to ensure appropriate training to the competent authorities and on the resources allocated to them in identifying victims of trafficking to ensure that such victims can benefit from the assistance and protection measures provided for in the national legislation.
Article 1(1) and 2(1). Freedom of career military personnel to leave their service. In its previous comments, the Committee noted that section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, stipulates that the duration of a contract to be signed with officers who have graduated from the Lithuanian Military Academy is until they reach the age of 35 years, which is the age of their transfer to the reserve for lieutenant. The Committee noted that under section 37 of the same Law, the Minister of National Defence may allow members of professional military personnel to terminate their contract prior to expiration for valid reasons, and an officer who wilfully terminates the contract prior to expiration without the approval of the Minister is considered absent without leave and dealt with in accordance with the law. The Committee also noted that, in practice, all requests for resignation by career members of the armed services had been accepted.
The Committee notes the statistical information provided by the Government on the application of section 37, indicating that in 2012, 28 requests were received from officers and only three were not approved. During the period 2013–15, all such requests received from officers were approved. Recalling that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to continue to provide information on the manner in which applications for voluntary release by career members of the armed services are generally treated, including information relating to the notice period, the number of acceptances and refusals and, where appropriate, reasons for such refusal.
Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee referred to section 125(1) of the Code on the Execution of Penal Sentences (Law No. IX-994 of 27 June 2002) which provides that the work of convicted prisoners is compulsory. While noting that, under section 125(4), convicts may be employed “in bodies other than corrective institutions or state enterprises”, the Committee noted the Government’s indication that, in practice, convicts can only be employed either within the correctional institutions or in the state-owned enterprises belonging to the penitentiary system.
The Committee notes the Government’s statement that a Working Group has been established by Order No. V393 of 22 November 2013 of the Director of the Prisons Department under the Ministry of Justice, in order to review the current practices of work of convicted persons. The Working Group proposed that convicted persons should be employed only in state enterprises or teams servicing the correctional institutions’ infrastructure. To ensure employment opportunities for convicts, state enterprises have been established at correctional institutions. The Committee notes the Government’s indication that, in 2013, 1,254 convicts were employed in state-owned enterprises at the correctional institutions, 954 convicts were doing household work and eight convicts were working in a private company. In 2014, 1,210 convicts were employed in state-owned enterprises at correctional institutions and 954 convicts were doing household work. Noting that the Working Group established by the Director of the Prisons Department has recommended that convicts should be employed only in state enterprises and correctional institutions, the Committee requests the Government to provide information on any measure taken, both in legislation and in practice, as a result of such recommendation. Pending the adoption of such measures and to the extent that section 125(4) of the Code on the Execution of Penal Sentences still allows convicts to be employed “in bodies other than corrective institutions or state enterprises”, the Committee requests the Government to provide information on any measure taken in order to align the law with the current practice indicated in the Government’s report. In the meantime, please ensure that the work of prisoners for private entities can only be carried out with their prior, free, formal and informed consent.
Article 2(2)(d). Legislation concerning compulsory military service. The Committee notes that following a special urgency procedure, the Parliament has approved a new Law, on 19 March 2015, reintroducing the possibility to call up conscripts to do a nine-month long continuous mandatory military service for a five-year period. The Committee requests the Government to supply a copy of the Law reintroducing military conscription which was adopted on March 2015.
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