Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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 noted that the violation of the provisions prohibiting the expression of certain political or ideological views under the Law on Meetings, Marches and Demonstrations of 1997 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. It also noted that pursuant to section 319 of the Code of Administrative Offences, persons who are detained in administrative arrest shall be used for physical work, which is to be organized by the relevant local governments. Recalling 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, the Committee requested the Government to provide information on measures taken or envisaged to ensure the observance of the Convention in this regard.

The Committee notes with interest the Government’s indication in its report that section 319 of the Code of Administrative Offences has been deleted by amendments of 14 June 2012. Moreover, amendments of 20 February 2014 to the Code of Administrative Offences substituted the sanction of administrative arrest under section 174-3 with a warning or a fine.

The Committee notes, however, that the Criminal Law imposes sanctions of deprivation of liberty (involving compulsory labour pursuant to sections 56-1 and 56-10 of the Code of Execution of Sentences) or community service or a fine for situations covered by the Convention, namely: triggering of national, ethnic and racial hatred (section 78); desecration of State symbols (section 93); incitement of social hatred and enmity (section 150) and defamation (section 157). The Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour or community service as a punishment for peacefully holding or expressing political views or views ideologically opposed to the established political, social or economic system. It observes that the above penal provisions are worded in terms broad enough to lend themselves to the application as a means of punishment for peacefully expressing political views and, in so far as they are enforceable with sanctions of imprisonment which can involve compulsory labour or community service, they may be incompatible with the Convention. The Committee therefore requests the Government to ensure, both in law and in practice, that no penalties involving compulsory labour or community service may be imposed for the peaceful expression of political views opposed to the established system. In the meantime, it requests the Government to provide information on the application of sections 78, 93, 150 and 157 of the Criminal Law in practice, including copies of court decisions defining or illustrating their scope.

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 detailed information provided by the Government on the application of sections 197 and 319 of the Criminal Law. According to this information, from 2013–14, two officials who were convicted under section 197 of the Criminal Law were sentenced to community service, and of the four officials convicted under section 319, one of them was imposed with deprivation of liberty for three years. The Committee further notes the Government’s statement that amendments to the abovementioned provisions to abandon penalties of community service are not planned. The Committee once again recalls that under Article 1(c) of the Convention, no sanctions involving compulsory prison labour or community service should be imposed for breaches 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 requests the Government to 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.