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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons. Referring to its comments addressed to the Government under Convention No. 182, likewise ratified by the Czech Republic, the Committee has noted the adoption of a new section 232a of the Penal Code concerning trafficking in persons (introduced by Act No. 537/2004), as well as the information provided by the Government on the application in practice of the penal provisions concerning trafficking and related crimes. It has also noted the information on measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including victim protection measures, taken under the National Strategy to Combat Trafficking of 2003, as well as the adoption of the National Strategy for the years 2005–07 (approved by Government resolution No. 957 of 2005). The Committee would appreciate it if the Government would provide, in its next report, information on the application in practice of the National Strategy adopted in 2005 and on further legislative developments in this field (e.g. in connection with the perspective of the adoption of the new Penal Code), indicating, in particular, measures taken to ensure that penal provisions punishing perpetrators are strictly enforced.
Article 2, paragraph 2, subparagraph (c). Sentence of community work. The Committee previously noted that sections 45 and 45a of the Penal Code, as amended, provide for a sentence of community work (publicly beneficial work), which may be imposed by a court, as an alternative to imprisonment, for a term of up to 400 hours, such work being performed by a convicted person free of charge and must not serve profitable purposes. The Committee also noted that Act No. 265/2001 amending the Penal Code expanded the range of work to be performed by convicted persons, which currently can be performed for the state or other communal institutions dealing with education and science, culture, school system, health protection, support and protection of youth, as well as with humanitarian, social, charity, religious and sport activities.
The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that convicted persons are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory work of convicted persons does not extend to their work for private parties, even if they are not for profit and even if they are under public supervision and control. The Committee also refers to the explanations contained in paragraphs 123–128 of its General Survey of 2007 on the eradication of forced labour, where the Committee has considered that, in order to ensure compliance with the Convention in a situation where community work may be performed for private institutions, such as e.g. charitable bodies, convicted persons must give their formal consent to perform community work.
The Committee notes from the Government’s explanations in the report and from the wording of section 45a of the Penal Code, that, though the court will take into account the standpoint of the offender as regards the imposition of the penalty of community work, there is no requirement in the legislation that such penalty should be imposed with the consent of the offender. Noting also the Government’s indications concerning selection of the organizations where the penalty of community work is to be performed, as well as respective provisions of the Rules of Criminal Procedure (No. 141/1961) and the Internal and Office Procedure for District, Regional and Supreme Courts (Instruction of the Ministry of Justice No. 505/2001), the Committee requests the Government to indicate clearly, in its next report, whether community work can be performed for any private institution acting in the community interest and to provide a list of authorized associations and institutions, giving also examples of the types of work to be performed as community work. Please also indicate measures taken or envisaged to ensure the conformity with the Convention on this point.
The Committee has noted the information provided by the Government in its report. It has noted, in particular, the adoption of the new Military Service Act (No. 585/2004) which abolished compulsory military service and introduced a principle of voluntary enlistment into the armed forces.
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Referring to its comments addressed to the Government under Convention No. 182, likewise ratified by the Czech Republic, the Committee has noted the adoption of a new section 232a of the Penal Code concerning trafficking in persons (introduced by Act No. 537/2004), as well as the information provided by the Government on the application in practice of the penal provisions concerning trafficking and related crimes. It has also noted the information on measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including victim protection measures, taken under the National Strategy to Combat Trafficking of 2003, as well as the adoption of the National Strategy for the years 2005–07 (approved by Government resolution No. 957 of 2005). The Committee would appreciate it if the Government would provide, in its next report, information on the application in practice of the National Strategy adopted in 2005 and on further legislative developments in this field (e.g. in connection with the perspective of the adoption of the new Penal Code), indicating, in particular, measures taken to ensure that penal provisions punishing perpetrators are strictly enforced.
Article 2(2)(c). Sentence of community work. The Committee previously noted that sections 45 and 45a of the Penal Code, as amended, provide for a sentence of community work (publicly beneficial work), which may be imposed by a court, as an alternative to imprisonment, for a term of up to 400 hours, such work being performed by a convicted person free of charge and must not serve profitable purposes. The Committee also noted that Act No. 265/2001 amending the Penal Code expanded the range of work to be performed by convicted persons, which currently can be performed for the state or other communal institutions dealing with education and science, culture, school system, health protection, support and protection of youth, as well as with humanitarian, social, charity, religious and sport activities.
The Committee has noted the Government’s reply to its previous direct request, as well as a communication received from the Czech-Moravian Confederation of Free Trade Unions (CMKOS) in October 2004, which contains comments concerning the application of the Convention by the Czech Republic. It has noted that a new draft legislation on the armed forces aiming at the abolishing of compulsory military service is under consideration by Parliament. The Committee would appreciate it if the Government would keep the ILO informed of the developments in this field.
1. Trafficking in persons for the purpose of exploitation. Referring to its comments addressed to the Government under Convention No. 182, likewise ratified by the Czech Republic, the Committee has noted the information provided by the Government on measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. It has noted, in particular, the Government’s indication that a new draft section 146 of the Penal Code aiming at reinforcing sanctions for trafficking in persons has been submitted to Parliament for adoption, and that the National Strategy against Trafficking, which includes measures on victim protection, was approved in September 2003. The Committee requests the Government to supply a copy of the new section 146 of the Penal Code, as soon as it is adopted, and provide information on the application in practice of the National Strategy referred to above, as well as on measures taken to ensure that penal provisions punishing perpetrators are strictly enforced.
2. Sentence of community work. The Committee has noted that the amendment to the Penal Code (Act No. 152/1995), which came into force on 1 January 1996, introduced a new sentence of community work (publicly beneficial work) (sections 45 and 45a). The sentence of community work may be imposed by a court on any person convicted of an offence punishable with imprisonment not exceeding five years, for a term of up to 400 hours; such work should be performed by a convicted person free of charge within one year after the court decision. Such work must not serve profitable purposes. The Government indicates in its report received in November 2002 that Act No. 265/2001 amending the Penal Code expanded the range of work to be performed by convicted persons, which currently can be performed for the State or other communal institutions dealing with education and science, culture, school system, health protection, support and protection of youth, as well as with humanitarian, social, charity, religious and sport activities.
The Committee draws the attention of the Government to Article 2(2)(c) of the Convention, which expressly prohibits that convicted persons are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory work of convicted persons does not extend to their work for private parties, even if they are not for profit and even if they are under public supervision and control. The Committee requests the Government to indicate, in its next report, whether the voluntary consent of the convicted persons is obtained before the sentence is imposed by the court. Please also indicate the criteria used by the Government for selection of the humanitarian, social, charity, religious or sports organizations for such work.
The Committee has noted the information provided by the Government in reply to its earlier comments in its reports of 2001 and 2002 and, in particular, the information on provisions governing the work of prisoners for private employers, including those concerning the prisoners’ consent to work for a private employer and their conditions of work. It also notes the Government’s reply to the Committee’s 2000 general observation concerning trafficking in persons, annexed to the Government’s 2002 report.
The Committee has also noted a communication received from the International Confederation of Free Trade Unions (ICFTU) in October 2001 which contains comments concerning the application of the Convention by the Czech Republic, as well as the Government’s reply to these comments.
In its comments, the ICFTU points out that trafficking of women and children into the country for the purposes of prostitution, and the forced prostitution of women and children are serious problems that are increasing. According to the ICFTU, women are trafficked to the Czech Republic primarily from Eastern Europe and the former Soviet Union, and Czech women and children are trafficked into Western Europe, though precise figures are not generally known.
The Government indicates in its reply that the number of crimes connected with child prostitution has decreased recently, and the national plan against commercial sexual exploitation of children was adopted by Decision No. 698 of 12 July 2000 with a view to eradicate child prostitution, pornography and child trafficking. It further states that activities carried out are targeted mainly on awareness-raising, preventive actions among youth and international cooperation with neighbouring countries.
Referring to its 2000 general observation on the Convention, the Committee requests the Government to continue to provide information on the application in practice of the national provisions aimed at the punishment of trafficking in persons and the exploitation of the prostitution of others, as well as on measures taken to ensure that penal provisions punishing those responsible are strictly enforced. Please supply also a copy of the national plan against commercial sexual exploitation of children referred to in the Government’s reports.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.
Article 1(1) and Article 2(1) of the Convention. Further to its previous comments, the Committee has noted from the Government’s report that the contract on the basis of which the prisoner’s work for private employers is to be performed has to be concluded between the prison administration and the third party concerned and that employers are bound by the same obligations in respect of the prisoner’s health and safety as those which regulate normal employment relationships. The Committee recalls that prisoners must not be hired to or placed at the disposal of private parties. It further considers that voluntary consent by the prisoner to working for a private employer is a necessary condition for such employment to be compatible with the explicit provision of Article 2, paragraph 2(c). Also, the work must be performed in conditions which guarantee payment of normal wages and social security, etc.
The Committee asks the Government to indicate how and when the person concerned is giving that free consent, and to give details on the guarantees and safeguards established in law and practice.
The Committee notes the information in the Government's report and the legal texts provided.
Article 1(1) and Article 2(1) of the Convention. Further to its previous comments, the Committee notes from the Government's report that the contract on the basis of which the prisoner's work for private employers is to be performed has to be concluded between the prison administration and the third party concerned and that employers are bound by the same obligations in respect of the prisoner's health and safety as those which regulate normal employment relationships. The Committee recalls that prisoners must not be hired to or placed at the disposal of private parties. It further considers that voluntary consent by the prisoner to working for a private employer is a necessary condition for such employment to be compatible with the explicit provision of Article 2, paragraph 2(c). Also, the work must be performed in conditions which guarantee payment of normal wages and social security, etc.
The Committee notes the information provided by the Government in its report. It notes, in particular, the adoption of the Constitution of the Czech Republic of 16 December 1992, as well as the Charter of Fundamental Rights and Freedoms, which provides in its article 9 for the prohibition of forced labour. The Committee would be grateful if the Government would supply, in its next report, additional information on the following points:
1. Article 2, paragraph 2(a), of the Convention. The Committee notes the provision of article 9, paragraph (2)(b), of the Charter of Fundamental Rights and Freedoms, which excludes military service or other service established by law in place of military service from the prohibition of forced labour. It also notes the Government's indications in the report that Law No. 82/1992 on civic (alternative) service has repealed and superseded Law No. 73/1990 on the same subject, and that detailed provisions concerning the implementation of the new Law have been laid down by Government Regulation No. 372/1992, as amended by Government Regulation No. 85/1993. The Committee would be grateful if the Government would supply, with its next report, copies of the new Law on civic (alternative) service of 1992 and of the Government Regulations mentioned above.
2. Article 2, paragraph 2(c). The Committee notes that work exacted in accordance with the law from persons condemned to imprisonment or to other punishment in place of imprisonment is excluded from the prohibition of forced labour, in virtue of article 9, paragraph (2)(a), of the Charter of Fundamental Rights and Freedoms. The Government informs in its report of the adoption of the Notification of the Ministry of Justice No. 247/1992 on the execution of sentences of imprisonment in the public prison institutions, which contains rules concerning employment and conditions of work of prisoners. The Committee would be grateful if the Government would supply, with its next report, a copy of the above-mentioned Notification. Please also state what guarantees are provided to ensure that prison labour shall be performed under the supervision and control of a public authority, and that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.
3. The Committee notes the provision of article 9, paragraph (2)(d), of the Charter of Fundamental Rights and Freedoms, which excludes from the prohibition of forced labour "actions ordered by law to protect the life, health, or rights of others". Since such actions appear to be different from work or service excluded from the prohibition of forced labour in virtue of paragraph (2)(a), (b) and (c) of the same article of the Charter (i.e. work exacted as a consequence of a conviction in a court of law, compulsory military service, work or service exacted in cases of natural disasters, accidents or other danger threatening human life, health or significant property values), the Committee asks the Government to describe the above-mentioned actions, indicating, in particular, whether any laws or regulations have been adopted in order to implement the above-mentioned provision of article 9, paragraph (2)(d), of the Charter. In the affirmative, please supply copies of relevant texts, as well as the information on their application in practice.
Further to its previous comments, the Committee notes with satisfaction that section 203 of the Penal Code under which a person who systematically avoided honest work and allowed himself to be maintained by somebody else or obtained his means of livelihood in some dishonest manner was liable to imprisonment for up to three years, was repealed by Act No. 175/1990 of 2 May 1990 to amend and supplement the Penal Code. The Committee notes that Act No. 150/1969 concerning lesser crimes was also repealed by Act No. 175/1990.