Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Lithuania (Ratification: 1994)
Protocol of 2014 to the Forced Labour Convention, 1930 - Lithuania (Ratification: 2020)

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. In its earlier comments, the Committee referred to section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, which 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 for their transfer to the reserve. 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 a serviceman 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 observed that members of career military personnel who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example, by means of notice of reasonable length. It requested the Government to take measures with a view to bringing the legislation into conformity with the Convention.

The Committee takes note of Order No. V-1293 of the Minister of National Defence of 19 December 2006, which implements the provisions of section 37 of the Law on the Organization of the National Defence System and Military Service, 1998, and lays down the procedure for termination of a professional military service. The Committee also notes the statistical information provided by the Government on the application of section 37 in practice, indicating that since 2009 all applications for resignation were accepted. In 2009, 71 requests were received and accepted, in 2010, 147 and in 2011, (from 1 January to 10 May) 102. These included requests of persons whose service agreements were of unlimited duration: in 2009, five such requests were received and accepted, in 2010, six and in 2011, (from 1 January to 10 May) seven. The Committee earlier noted, on the basis of the information provided by the Government in its 2005 report, that section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, would be amended to provide for fixed-term professional military service contracts for a term not exceeding five years. The Committee notes that the 1998 Law has not yet been amended and that the Government indicates in its latest report that the requested amendments will be initiated. While observing that according to current practice, all requests for resignation have been accepted, the Committee reiterates its hope that legislation will also be brought into conformity with the Convention on this point and that the amendments to the Law on the Organization of the National Defence System and Military Service will soon be adopted. Pending the adoption of such amendments, the Committee requests the Government to continue to provide information on the application of the section 37(2) in practice, indicating the number of applications for resignation accepted and refused, as well as the reasons for refusal.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. The Committee previously noted that, under section 125(1) of the Code on the Execution of Penal Sentences (Law No. IX-994 of 27 June 2002), the work of convicted prisoners is compulsory. The Committee noted that, under section 125(4), convicts may be employed “in bodies other than corrective institutions or state enterprises”. The Committee recalled that Article 2(2)(c) of the Convention expressly prohibits that prisoners are hired to, or placed at the disposal of private individuals, companies or associations and that in order to be compatible with the Convention, work by prisoners for private companies must be performed in conditions approximating a free employment relationship.

The Committee notes the Government’s indication that, notwithstanding section 125(4), in Lithuania convicts can only be employed either within the correctional institutions or in the state-owned enterprises belonging to the penitentiary system, which pay remuneration to its convicts, ensure their protection, etc. The Government indicates in this respect that in 2010 on average 27.9 per cent of convicts were employed of which 15.7 per cent in state-owned enterprises belonging to the penitentiary system and 12.2 per cent in correctional institutions. The Government furthermore states that due to the conditions of employment of convicts, governed by sections 128–132 of the Code on the Execution of Penal Sentences, in particular in relation to social security, private entities cannot employ convicts. While noting that, at present, the work of prisoners for private enterprises does not take place in practice, the Committee requests the Government to take the necessary measures to bring legislation into conformity with the Convention and national practice. To the extent that section 125(4) could potentially allow convicts to be employed “in bodies other than corrective institutions or state enterprises”, the Committee hopes that the Government will take the necessary measures to ensure that the work of prisoners for private enterprises would be carried out only with their formal, free and informed consent. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the evolution of the practical application of section 125(4) in this respect.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted that section 147-1 of the Criminal Code makes the illegal exaction of forced labour punishable with various penal sanctions, including imprisonment for a term of up to eight years. The Committee notes the Government’s indication in its report that in 2009 investigation of two cases of criminal acts related to the exploitation of persons for forced labour took place of which one was terminated. No proceedings have been instituted before the district courts under this section in 2009–10. The Committee refers to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182) as regards statistical data on investigations and convictions as regards trafficking in persons.