Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Montenegro (Ratification: 2006)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour by virtue of section 37 of the Law on the Execution of Criminal Sanctions) may be imposed under the following provisions of the Criminal Code: section 370 (causing and spreading national, racial and religious hatred and intolerance) and section 398 (instigating panic or serious disruption of public order, including acts committed through the media or at public gatherings). It observed that the above sections of the Criminal Code provide for penal sanctions involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their application in practice.

The Committee notes the information provided by the Government in its report concerning the application in practice of section 370, whereby, in 2014, two persons who were found guilty of spreading hatred against a religion, verbally and through electronic media, were sentenced to imprisonment from three to six months. The Committee considers that the sanctions applied in the above cases may fall within the scope of the Convention as they enforce a prohibition of the peaceful expression of views. It recalls that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. The Committee therefore requests the Government to take all the necessary measures, both in law and in practice, in order to ensure that no penalties involving compulsory labour may be imposed for the peaceful expression of political views opposed to the established system, for example by clearly restricting the scope of sections 370 and 398 to situations connected with the use of violence, or by repealing sanctions involving compulsory labour. The Committee requests the Government to provide information on any progress made in this regard, as well as information on the application in practice of the sections referred to above, supplying copies of the court decisions which could define or illustrate their scope, in order to enable the Committee to assess their conformity with the Convention.

Article 1(d). Sanctions for participating in strikes. In its earlier comments, the Committee noted, referring also to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that, under section 228 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment of up to three years (which involves compulsory prison labour by virtue of section 37 of the Law on the Execution of Criminal Sanctions), if the strike endangers, inter alia, “property of high value” or causes other grave consequences. It recalled, referring also to the explanations in paragraph 315 of its 2012 General Survey on the fundamental Conventions concerning rights at work that, regardless of the legality of the strike action in question, no sanctions involving compulsory labour should be imposed on workers for the mere fact of organizing or peacefully participating in strikes. Noting that the Government’s report does not provide any information on this issue and that the court decisions supplied by the Government do not concern the application of section 228 in practice, the Committee requests the Government to take the necessary measures to ensure, both in law and in practice, that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in a strike. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 228 of the Criminal Code in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.