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

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

Article 1(a) and (d) 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, and for participating in strikes. The Committee previously noted that penalties of imprisonment (involving compulsory labour) may be imposed for the offence of causing panic or serious disruption of public peace and order, including acts committed through the media or at public gatherings (pursuant to section 343 of the Criminal Code) and for instigating national, racial and religious hatred and intolerance (section 317 of the Code). The Committee observed that these provisions of the Criminal Code provide for penal sanctions in circumstances defined in terms which are broad enough to give rise to questions about their application in practice. The Committee also noted that, pursuant to section 167 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment of up to three years, if the strike endangers, inter alia, “property of considerable extent” or if grave consequences result therefrom. It therefore recalled that Article 1(a) and (d) of the Convention prohibits the imposition of a prison sentence, involving compulsory labour, as a punishment for holding or expressing political views or for peacefully participating in a strike. The Committee noted the Government’s indication that the work of a convicted person is voluntary and that according to section 8 of the Rulebook on work of a convicted person (No. 145/2014), the expert team shall propose to the manager of the institution convicted persons’ participation in work based on defined levels of risk, mental and physical health or professional qualification, expressed wishes of the convicted persons and the capacities of the institution. The Committee requested the Government to indicate whether, according to section 11 of the Rulebook, the work that may be performed by a convicted person for no more than two hours for the maintenance of hygiene and other current work in the institution is voluntary.

The Committee notes the Government’s indication in its report that convicted persons may be hired to work in or outside the institution only if they give their consent, confirmed in a written statement. The Government further indicates the absence of any consequences for a convicted person who does not want to perform work and that he/she may decline to work at any time, despite previously giving consent. The Committee notes the copies, provided by the Government, of the documents containing the written consent of convicted persons to perform work.

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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 the Public Assembly Act provides for penalties of imprisonment for a maximum of 60 days on organizers of a public assembly who have not taken the measures to maintain order in the assembly, who have not submitted an application to the Ministry of Interior at least 48 hours prior to the scheduled beginning of the assembly, or who hold an assembly regardless of a ban issued under the Act. Referring to paragraph 302 of its 2012 General Survey on the fundamental Conventions, the Committee recalled that freedom of expression of political views cannot be fully enjoyed unless there is a guarantee of the right of association and of assembly through which citizens seek to secure the dissemination and acceptance of their views. Therefore, 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 interest the Government’s indication in its report that, in January 2016, the National Assembly passed the Law on Public Gatherings, which only provides for fines and not for penalties of imprisonment in the section on applicable penal sanctions. The Committee requests the Government to provide a copy of the Law on Public Gatherings passed in 2016.

Article 1(a) and (d). Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system, and for participating in strikes. Criminal Code. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour) may be imposed for the offence of causing panic or serious disruption of public peace and order, including acts committed through the media or at public gatherings (pursuant to section 343 of the Criminal Code) and for instigating national, racial and religious hatred and intolerance (section 317 of the Code). The Committee observed that these provisions 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 also noted that, pursuant to section 167 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment of up to three years, if the strike endangers, inter alia, “property of considerable extent” or if grave consequences result therefrom. It therefore recalled that Article 1(a) and (d) of the Convention prohibits the imposition of a prison sentence, involving compulsory labour, as a punishment for holding or expressing political views or for peacefully participating in a strike.

The Committee notes the Government’s information in its report that, in accordance with the constitutional principle of the prohibition of forced labour, the Criminal Code does not provide for a sanction of forced labour. The Government emphasizes that the work of the convict is voluntary. The Committee also notes that, the Rulebook on work of a convicted person (No. 145/2014) was adopted in 2014, pursuant to section 100 of the Law on Execution of Criminal Sanctions that provides for a more detailed regulation on the labour rights of a convict. Furthermore, section 8 of the Rulebook stipulates that the expert team shall propose to the manager of the institution the work engagement of convicted persons based on defined risk level, mental physical and health ability, professional qualification, expressed wishes of the convicted persons and the capacities of the institution. However, the Committee notes that, according to section 11 of the Rulebook, a convicted person may perform not more than two hours of work in addition to his or her working time per day for the maintenance of hygiene and other current work in the institution. The Committee therefore requests the Government to indicate whether the work performed under section 11 of the Rulebook is voluntary, and whether the refusal to perform such work is free from any penalty. The Committee also requests the Government to provide copies of written consent or requests to perform work of convicted persons under sections 167, 317 and 343 of the Criminal Code.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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. 1. Criminal Code. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour) may be imposed for the offence of causing panic or serious disruption of public peace and order, including acts committed through media or at public gatherings (pursuant to section 343 of the Criminal Code) and for instigating national, racial and religious hatred and intolerance (section 317 of the Code).

The Committee once again observes that these provisions 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. It therefore recalls that Article 1(a) of the Convention prohibits the imposition of a prison sentence, involving compulsory labour, as a punishment for holding or expressing political views. Noting an absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the application of both sections 317 and 343 of the Criminal Code in practice, in particular by supplying copies of relevant court decisions which could define or illustrate their scope, in order to enable the Committee to assess their conformity with the Convention.

2. Public Assembly Act. The Committee notes the copy of the Public Assembly Act, submitted with the Government’s report. It notes that, pursuant to section 15 of the Act, penalties of imprisonment for a maximum of 60 days may be imposed on organizers of a public assembly who have not taken the measures to maintain order in the assembly, who have not submitted an application to the Ministry of Interior at least 48 hours prior to the scheduled beginning of the assembly, or who hold an assembly regardless of a ban issued under the Act.

Referring to paragraph 302 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that freedom of expression of political views cannot be fully enjoyed unless there is a guarantee of the right of association and of assembly through which citizens seek to secure the dissemination and acceptance of their views. Therefore, 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 accordingly requests the Government to take the necessary measures to ensure that the abovementioned provisions of the Public Assembly Act are not applied in a manner which could result in the imposition of penalties of imprisonment, involving compulsory labour, for holding or expressing political views as a consequence of restrictions on public assemblies. In this regard, it requests the Government to provide information on the application of section 15 of the Public Assembly Act in practice.

Article 1(d). Sanctions involving compulsory labour for participating in strikes. The Committee previously noted that, pursuant to section 167 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), if the strike endangers, inter alia, “property of considerable extent” or if grave consequences result therefrom.

In this regard, the Committee once again recalls that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour as a punishment for having participated peacefully in a strike, including penalties of imprisonment involving compulsory labour. With reference to paragraph 315 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee reminds the Government that regardless of the legality of the strike action, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and the authorities should not have recourse to measures of imprisonment for the mere fact of organizing or participating in a strike. With reference to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee urges the Government to take the necessary measures to amend section 167 of the Criminal Code so as to ensure that penalties of imprisonment (involving compulsory labour) cannot be imposed for peacefully participating in a strike. It requests the Government to provide information on measures taken in this regard in its next report.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Communication of texts. The Committee notes the Law on Political Parties and the Broadcasting Law, supplied by the Government with its report. It requests the Government once again to provide, with its next report, copies of laws governing assemblies, meetings and demonstrations.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for the 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) may be imposed under the following provisions of the Criminal Code:

• -section 317: instigating national, racial and religious hatred and intolerance;
• -section 343: causing panic or serious disruption of public peace and order, including acts committed through media or at public gatherings.

The Committee observed that the above provisions 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. It recalled that sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of views that are critical of government policy and the established political system. The Committee requests the Government once again to provide information on the application of the above provisions in practice, 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. Referring to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee previously noted that, according to section 167 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), if the strike endangers, inter alia, “property of considerable extent”. The Committee recalls, referring also to the explanations in paragraph 189 of its 2007 General Survey on the eradication of forced labour that, regardless of the legality of the strike action in question, no sanctions of imprisonment should be imposed against a worker for peaceful participation in a strike. Noting that the Government’s report contains no information in this regard, the Committee hopes that measures will be taken to ensure that no sanctions involving compulsory labour could 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 once again to provide information on the application of section 167 of the Criminal Code in practice, supplying copies of court decisions and indicating the penalties imposed.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws governing the press; laws governing political parties and associations; laws governing assemblies, meetings and demonstrations.

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 notes that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Criminal Code:

–      section 317 (instigating national, racial and religious hatred and intolerance);

–      section 343 (causing panic or serious disruption of public peace and order, including acts committed through media or at public gatherings).

The Committee observes that the above provisions 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. It recalls that sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system. The Committee therefore requests the Government to provide information on the application of the above provisions in practice, 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. Referring to its comments addressed to the Government under Convention No. 87, likewise ratified by Serbia, the Committee has noted that, according to section 167 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), if the strike endangers, inter alia, “property of considerable extent”. The Committee draws the Government’s attention to the explanations in paragraphs 182–189 of its General Survey of 2007 on the eradication of forced labour, in which it recalled that the imposition of restrictions on the right to strike enforceable with sanctions involving compulsory labour is only possible in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), or with respect to public servants exercising authority in the name of the State, or in situations of force majeure.

The Committee therefore hopes that measures will be taken to ensure that the application of sanctions involving compulsory prison labour under section 167 is restricted to situations endangering the life, personal safety or health of the whole or part of the population, or to the cases of force majeure. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 167 in practice, supplying copies of the court decisions and indicating the penalties imposed.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws and regulations governing the execution of criminal sentences; laws governing the press and other media; laws governing political parties and associations; laws governing assemblies, meetings and demonstrations.

Article 1, subparagraph 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 notes that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Criminal Code:

–      section 317 (instigating national, racial and religious hatred and intolerance);

–      section 343 (causing panic or serious disruption of public peace and order, including acts committed through media or at public gatherings).

The Committee observes that the above provisions 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. It recalls that sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system. The Committee therefore requests the Government to provide information on the application of the above provisions in practice, 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, subparagraph d.  Sanctions for participating in strikes. Referring to its comments addressed to the Government under Convention No. 87, likewise ratified by Serbia, the Committee has noted that, according to section 167 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), if the strike endangers, inter alia, “property of considerable extent”. The Committee draws the Government’s attention to the explanations in paragraphs 182–189 of its General Survey of 2007 on the eradication of forced labour, in which it recalled that the imposition of restrictions on the right to strike enforceable with sanctions involving compulsory labour is only possible in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), or with respect to public servants exercising authority in the name of the State, or in situations of force majeure.

The Committee therefore hopes that measures will be taken to ensure that the application of sanctions involving compulsory prison labour under section 167 is restricted to situations endangering the life, personal safety or health of the whole or part of the population, or to the cases of force majeure. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 167 in practice, supplying copies of the court decisions and indicating the penalties imposed.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws and regulations governing the execution of criminal sentences; laws governing the press and other media; laws governing political parties and associations; laws governing assemblies, meetings and demonstrations. Please also provide additional information on the following points.

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 notes that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Criminal Code:

–           section 317 (instigating national, racial and religious hatred and intolerance);

–           section 343 (causing panic or serious disruption of public peace and order, including acts committed through media or at public gatherings).

The Committee observes that the above provisions 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. It recalls that sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system. The Committee therefore requests the Government to provide information on the application of the above provisions in practice, 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. Referring to its comments addressed to the Government under Convention No. 87, likewise ratified by Serbia, the Committee has noted that, according to section 167 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), if the strike endangers, inter alia, “property of considerable extent”. The Committee draws the Government’s attention to the explanations in paragraphs 182–189 of its 2007 General Survey on the eradication of forced labour, in which it recalled that the imposition of restrictions on the right to strike enforceable with sanctions involving compulsory labour is only possible in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), or with respect to public servants exercising authority in the name of the State, or in situations of force majeure.

The Committee therefore hopes that measures will be taken to ensure that the application of sanctions involving compulsory prison labour under section 167 is restricted to situations endangering the life, personal safety or health of the whole or part of the population, or to the cases of force majeure. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 167 in practice, supplying copies of the court decisions and indicating the penalties imposed.