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

Convention (n° 29) sur le travail forcé, 1930 - Grèce (Ratification: 1952)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. Freedom of career medical officers of the armed forces to leave the service. The Committee notes the observations from the Hellenic Military Medical Corps Association (ESTIA), as well as the Government’s reply to these observations, received respectively in September 2013 and February 2014. The ESTIA refers to the situation of medical officers of the army who have benefited from academic studies and training, and find themselves under an obligation to serve in the army for a very long period of time which may exceed 30 years. This includes an obligation to serve twice as long as the period of initial training of six years received, that is, 12 years, as well as an additional requirement to obtain a specialization which entails a further obligation to serve for five years, and further obligations linked to other training. The ESTIA further stresses that the training periods are not taken into consideration for the fulfilment of the obligation to serve. The Committee notes the Government’s indication according to which the provisions governing the resignation of army officers are set out in Legislative Decree No. 1400/1973, as amended by Act No. 3257/2004. An officer who has received training can be authorized to leave the army only after having completed a compulsory period of service which is twice the duration of training received. Furthermore, officers of the medical corps who have received specialization training undertake the obligation to remain in the armed forces for five years. The Government considers that these additional periods for which officials must remain in the armed forces are legitimate since they constitute a means of reimbursement of the expenditure incurred by the State for the provision of the studies which are offered free of charge. Officers accept voluntarily to participate in the training after having been informed of the obligation to serve linked to the training. The Government indicates that the duration of the training is not taken into account for the fulfilment of the compulsory period to serve because the State is deprived of the services of the officers under training who still benefit from their salary. Furthermore, military doctors are allowed to work as private doctors.

The Committee points out that persons who have received training financed by the State should also be entitled to leave the service on their own initiative within a reasonable period, which should be proportional to the length of the studies financed by the State, or by reimbursing a proportion of the costs incurred by the State. The Committee requests the Government to communicate statistical information on the average length of the obligation to serve of medical officers of the armed forces, as well as on the number of requests for resignation handed in by medical officers, and the number of resignations accepted (including information on the sum required from the medical officer to buy back their remaining years of service).

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes the information provided by the Government in its report and observes that the legislative framework already in place to combat trafficking in persons has been further strengthened, in particular with the adoption of Act No. 4198/2013 on preventing and combating trafficking in human beings and protecting its victims, and other provisions. The Act introduces inter alia new provisions in relation to the liability of legal persons as well as, new investigative tools to be used against organized crime. It also provides for the establishment of the Office of the National Rapporteur. The National Rapporteur is responsible for the launching, coordination and implementation of the national strategy for combating trafficking in human beings which encompasses prevention, prosecution of the perpetrators as well as protection of victims. The Government also indicates that a permanent Coordination Mechanism with public authorities has been established as well as a National Referral Mechanism (NRM). Furthermore, the relevant Public Prosecutor may grant a reflection period of three months to persons identified as victims of trafficking allowing them to recover and escape the influence of the perpetrator so that they can decide on whether they should cooperate with law enforcement bodies. During this period, the victims are entitled to medical care, psychological assistance and adequate standards of living.

The Committee requests the Government to provide information on the implementation of the national strategy to combat trafficking in human beings. It also requests the Government to provide detailed information on the measures taken to prevent trafficking in persons and raise public awareness. Please also provide information on the measures taken to ensure better identification of victims, their protection, support and compensation as provided for in the legislation, indicating the number of victims that have benefited from assistance, including the number of reflection periods granted. Finally, the Committee requests the Government to provide information on the legal proceedings initiated and judicial decisions handed down under sections 323A and 351 of the Penal Code which criminalize trafficking in human beings for labour exploitation and for sexual exploitation as well as on the measures aimed at strengthening law enforcement capacity.