Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Serbia (Ratification: 2003)

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. Public Assembly Act. The Committee previously noted that section 15 of Public Assembly Act No. 51/92 provided for penalties of imprisonment for a maximum of 60 days on organizers of a public assembly who did not take the measures to maintain order in the assembly, who did not submit an application to the Ministry of Interior at least 48 hours prior to the scheduled beginning of the assembly, or who held an assembly regardless of a ban issued under the Act. The Committee noted that provisions requiring the granting of prior authorization for meetings and assemblies at the discretion of the authorities, where violations can be punished by sanctions of imprisonment involving compulsory labour, are not compatible with the Convention.

The Committee notes with satisfaction the adoption of Act No. 6 on public gatherings on 26 January 2016 which only provides for fines and not for penalties of imprisonment in sections 20–22 within applicable penal sanctions. The Committee also notes that Public Assembly Act No. 51/92 was repealed by the Decision of the Constitutional Court of the Republic of Serbia No. IUz-204/2013 on 23 October 2015.

The Committee is raising other matters in a request addressed directly to the Government.