Forced Labour Convention, 1930 (No. 29) - Armenia (Ratification: 2004)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1) and 2(1) of the Convention. Prohibition of forced labour. The Committee notes that the Government indicates in its report that, in 2021, the Ministry of Labour and Social Affairs developed and discussed a bill containing amendments to the Labour Code, which includes a definition of compulsory or forced labour and a provision stipulating its prohibition. The Committee requests the Government to provide a copy of the amendments to the Labour Code once adopted.

Article 1(1), 2(1) and 25. Trafficking in persons. Law enforcement. In reply to the Committee’s request for information on the practical application of the provisions of the Criminal Code on trafficking in persons, the Government provides detailed information on the number of criminal investigations, prosecutions and convictions related to trafficking in persons for labour and sexual exploitation for the period 2016 – first quarter of 2021. A total of 20 investigations were conducted in 2016; 17 in 2017; 10 in 2018; 11 in 2019; 10 in 2020 and 6 in the first quarter of 2021. Some of the proceedings resulted in convictions for the offenders, whereas in other cases the investigations were suspended on the grounds of lack of corpus delicti (evidence of the crime). The Government indicates that the Police has developed indicators of potential cases of trafficking in persons and carried out monitoring on the internet to identify cases of labour and sexual exploitation, illegal migration and organizations making questionable job offers. The Committee requests the Government to continue providing information on investigations and prosecutions of cases of trafficking in persons for sexual and labour exploitation, indicating how many of them have concluded in convictions for the offenders. Please continue providing information on the activities carried out by the Police as well as other law enforcement bodies, such as the labour inspectorates, to identify and prosecute cases of trafficking, and their results.

National Action Plan. In relation to the implementation of the fifth National Action Plan for Combating Trafficking in Persons, the Government indicates that actions against trafficking are carried out in three directions: (1) Regulation of the legal field, (2) implementation of awareness-raising activities and trainings and (3) implementation of protective and social assistance programs. Within the framework of awareness-raising activities, information campaigns have been implemented to inform the population about the dangers of trafficking in persons. In addition, various training programmes have been conducted to build the capacities of judges, prosecutors, police officers, social workers and teachers in this regard. The Government also indicates that the sixth National Action Plan for the period 2020–2022 was adopted, taking into consideration the proposals of different stakeholders, and that the Working Group of the Council against Trafficking in Persons is in charge of ensuring the implementation of the National Action Plan, and of reviewing relevant national legislation and making proposals for improvement. The Committee requests the Government to provide information on the assessment of the effectiveness of the measures adopted within the framework of the sixth National Action Plan for Combating Trafficking in Persons, undertaken by the Working Group of the Council against Trafficking in Persons, as well as on any proposal made by such working group to improve the applicable legislation.

Protection of victims. The Committee notes that the Government continues to provide detailed information in relation to the measures taken to provide protection to victims of trafficking. It refers in particular to: (1) measures to support the social and psychological rehabilitation of victims; (2) measures for the restoration of their identity documents; (3) services of legal counselling and translation; and (4) financial aid. In addition, the Government refers to a study conducted by the Ministry of Justice, which concluded that the Republic of Armenia envisages a wide range of circumstances for acquitting the victims of trafficking from criminal and administrative responsibility.

The Committee further notes that the Ministry of Labour and Social Affairs, together with the Police Department and the General Prosecutor’s Office, developed rules for the identification of the victims of trafficking. The Commission on the Identification of Victims of Trafficking in Persons (composed of representatives of public bodies and NGOs operating in the sphere) is the body authorized to recognize a person as a victim in order to provide him or her with assistance, including medical care, vocational training and financial support. From 2015 to 2020, a total of 160 victims of trafficking in persons for labour and sexual exploitation were identified and received support. The Committee welcomes the measures taken to continue to ensure early identification of victims of trafficking and provide them with comprehensive protection and requests the Government to continue providing information in this regard, including information on the type of assistance provided and the number of victims that have benefited from such measures.

Article 2(2)(a). Services exacted under compulsory military service laws. The Committee previously noted that the 2003 Law on Alternative Service provides for the possibility of alternative service for persons whose religion and beliefs are contradicted by passing of military service, and requested the Government to provide information on the number of persons involved in alternative labour service, as compared to the number of those performing their mandatory military service. The Committee notes that the Government indicates that currently 127 people are involved in the alternative labour service.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and law enforcement. The Committee previously noted that section 132 of the Criminal Code on the “sale of human beings” was amended in 2011 to increase the penalties for trafficking in persons from five to eight years of imprisonment with the possibility to confiscate the property of offenders. The Committee also noted the statistical information provided by the Government regarding the number of cases of trafficking in persons brought before the courts. In 2012, 14 criminal cases were registered under section 132 and 132.2 related to trafficking in persons; in 2013, 11 cases were registered involving 19 persons; and during the first semester of 2014, five criminal cases were registered.

The Committee notes the Government’s information in its report that, from July 2014 to December 2016, under section 132 and 132.2 of the Criminal Code, eight cases involving ten persons were heard by the courts, of which five were sentenced to imprisonment with terms ranging from five years and six months to 11 years and six months. Two cases are still pending before the court. The Committee also notes the court decisions attached to the Government’s report in this regard. Moreover, the Government indicates that various trainings on trafficking and exploitation were provided to the staff of law enforcement agencies, including police officers, judges, prosecutors and penitentiary personnel. The Committee further notes that, according to the report of the Group of Experts concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Armenia of 2017 (hereafter the GRETA report 2017), pursuant to the Law on the Investigative Committee which entered into force on 28 June 2014, the Investigative Committee was set up and tasked with the investigation of serious offences, including trafficking in persons (GRETA(2017)1, paragraph 20). The Committee encourages the Government to continue its efforts to suppress and combat trafficking in persons and to provide information on the application in practice of the provisions of the Criminal Code on trafficking in persons, including the number of investigations, prosecutions, convictions and penalties applied. It also requests the Government to provide information on the activities of the Investigative Committee regarding the cases of trafficking in persons.

2. Programme of action. The Committee previously noted that, since 2004, three National Actions Plans (NAP) for combating trafficking had been adopted. The fourth NAP covering the period of 2013–15 included priorities focusing on prevention of trafficking in persons, protection of victims and cooperation, with a more victim-orientated approach. The Committee also noted that a Council to combat trafficking was established by Decree No. 861-A of 2007.

The Committee notes the Government’s information that the NAP for combating trafficking and exploitation and the time frame of its implementation for 2016–18 is adopted. Emphasis is put on preventive measures against labour exploitation, paying special attention to vulnerable groups. The Committee also notes that, according to the GRETA report 2017, the Council to combat trafficking continues to coordinate activities in this regard. The Inter-agency Working Group on Combating Trafficking, which is subordinated to the Council, is responsible for implementing the activities envisaged by the NAP, evaluating their effectiveness and developing cooperation programmes (GRETA(2017)1, paragraphs 17 and 18). The Committee requests the Government to provide information on the implementation of the National Action Plan for combating trafficking and exploitation, as well as the concrete measures undertaken, including the activities carried out by the Inter-agency Working Group on Combating Trafficking, and the results achieved.

3. Protection of victims. The Committee previously noted that a National Referral Mechanism was established by Decree No. 1385-A of 2008. The National Referral Mechanism defined the types of assistance to be provided to victims, ranging from medical care, legal assistance, short-term housing and where necessary, emergency financial assistance. The Committee also noted that, as there had not been any case of compensation granted to victims of trafficking, the NAP for 2013–15 envisaged developing recommendations on the creation of a compensation mechanism in this regard.

The Committee notes the Government’s information that during 2016, 20 cases were being investigated, involving 27 persons identified as victims, of which five were subjected to sexual exploitation and 22 to labour exploitation. All of the victims identified are Armenian citizens. The Government indicates that, following the entry into force of the Law of 17 December 2014 on Identification of and Support to Persons Subjected to Trafficking and Exploitation in 2015, several implementing decrees were adopted, including Decree No. 1356-N on the procedures of providing protection to victims adopted on 29 October 2015, Decree No. 353-N on the procedures of safe return of victims adopted on 6 April 2016 and Decree No. 492-N on the procedures and amount of support to victims adopted on 5 May 2016. Protection measures afforded by the above laws include shelters, accommodation, medical care, psychological assistance, legal aid, education and employment opportunities, as well as lump sum financial compensation up to 250,000 Armenian drams (AMD) (about US$52). The Government further indicates that the National Referral Mechanism was replaced by the Committee of Identification of Persons Subjected to Trafficking and/or Exploitation since 2015. The Committee therefore requests the Government to provide information on the application of the abovementioned laws in practice, including the number of victims identified, as well as those who received assistance and financial compensation.

Articles 1(1) and 2(1). Freedom of career military personnel to leave their service. The Committee previously noted that, according to section 4(5) of the Law on Military Service, a contract for military service is initially for a duration of three to five years, and may be renewed up to the age limit for military service. Section 51(1) establishes the terms under which a person may leave military service, including upon the expiration of the contract, for medical reasons or upon having reached the age limit. The Committee requested the Government to provide information on the manner in which career military officers have the right to leave the service, in time of peace, at their own request before the termination of their contract. It also requested the Government to supply information on the number of applications to resign that have been accepted or refused, and the reasons for such refusal.

The Committee notes the Government’s information that, according to subsection 10 of section 51(1), in time of peace, a person may submit a request for release from military service before the expiration of the contract, including those who are involved in educational programmes. The Government also indicates that since 1 January 2016, 197 applications for early release were received, of which all were approved. Among them, 80 persons were released on the condition of compensation for education expenses, while 117 were released unconditionally.

Article 2(2)(a). Services exacted under compulsory military service laws. In its previous comments, the Committee noted that the Law on Military Service of 17 July 2002 prohibits the creation of military units for construction works and similar types of work. The Committee also took note of the Law on Alternative Service of December 2003, under which alternative service is defined as a replacement of mandatory military service, including alternative military service (military service in the armed forces but not related to combat duty or to handling weapons) for a term of 36 months or alternative labour service (labour service performed outside the armed forces) for 42 months (sections 2 and 5). Persons participating in alternative service are entitled to receive a monthly remuneration. A six-day working week shall be defined for such persons. The duration of a working day may not exceed eight hours a day, except for cases of overtime service that may be performed for the prevention of a natural or man-made disaster (section 19). The Committee also noted that, pursuant to section 14, the alternative service shall be supervised by the public administration, and a list of places for joining alternative service shall be defined by the Government. The Committee therefore requested the Government to provide examples of activities or services carried out by persons participating in alternative service.

The Committee notes the Government’s information that a list of places for performing alternative labour service is provided for by Government Decree No. 796-N of 25 July 2013. According to Annex 1 of the Decree, the alternative labour services may be performed at nursing homes, retirement houses, orphanages, psychiatric and mental health centres, as well as emergency rescue services. Its Annex 2 determines the types of work performed, including caregiving, cleaning, helping in the kitchen, rescue assistance and equipment maintenance. The Committee requests the Government to provide information on the number of persons involved in alternative labour service, as compared to the number of those performing their mandatory military service.

Article 2(2)(c). Prison labour. The Committee previously took note of section 85 of the Penitentiary Code of 2004 regulating the work of convicted persons, under which the work of prisoners is voluntary. It also noted that prisoners benefit from a monthly remuneration which may not be less than the minimum wage (section 87). The Committee further took note of Decree No. 1543-N on the internal regulations of detention facilities and correctional institutions adopted on 3 August 2006, of which chapter XI regulates the work of detainees and convicts. According to its section 106, convicted persons can enter into a labour relationship with other employers, and in this case an agreement between the penitentiary administration and the private employer is signed. The Committee requested the Government to provide a copy of such agreement and indicate how the voluntary consent of the prisoners to work for these private entities is guaranteed.

The Committee notes the Government’s information that, according to section 104 of Decree No. 1543-N of 2006, the labour relations concerning detainees and convicts shall be regulated by relevant Armenian legislation, except for cases provided for by the Penitentiary Code. The Committee also notes that, pursuant to section 86 of the Penitentiary Code, the labour relations concerning convicts are regulated by labour legislation in principle. The Committee further notes a copy of the labour contract concluded between a convict and a private entity attached to the Government’s report, which provides for a monthly remuneration of AMD75,000 (above the minimum wage of AMD55,000 as determined by section 1 of the Law on Minimum Wage) and a daily working time from 9 a.m. to 6 p.m., with a lunch break from 1 p.m. to 2 p.m.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures taken to prevent, suppress and punish trafficking in persons.

(i) Legal framework and law enforcement. The Committee notes with interest that section 132 of the Criminal Code on the “sale of human beings” was amended in 2011 to increase the penalties for trafficking in persons from five to eight years of imprisonment with the possibility to confiscate the property of offenders. It also notes that a Council to combat trafficking (Decree No. 861-A of 2007) and a National Referral Mechanism (Decree No. 1385-A of 2008) have been established. The Committee further notes that, since 2004, three National Action Plans for combating trafficking (NAP) have been adopted. The current NAP covers the period 2013–15 and includes five main priorities focusing on prevention of trafficking in persons, protection of victims and cooperation, with a more victim-orientated approach. The NAP sets a series of preventive objectives, such as the improvement of public awareness on trafficking in persons, especially among groups-at-risk (migrant workers, women and children), as well as the training of state employees who are directly involved in preventing and combating trafficking. The Committee finally notes the statistical information provided by the Government regarding the number of cases of trafficking in persons brought before the courts. In 2012, 14 criminal cases were registered under section 132 and 132.2 related to trafficking in persons involving 13 victims; in 2013, 11 cases were registered involving 19 persons; and during the first semester of 2014, five criminal cases were registered. The Committee encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons and to continue to provide information on the application in practice of the provisions of the Criminal Code on trafficking in persons, including the number of prosecutions, convictions, and penalties applied, as well as copies of relevant court decisions. Please also provide information on training activities of law enforcement authorities conducted, including police officers, prosecutors and judges.

(ii) Protection of victims. The Committee notes that victims of trafficking have been included in the list of priority groups under the Law on Social Protection in case of unemployment, 2014, which gives them the right to lump-sum remuneration to obtain the relevant work skills and the possibility to get support for small business and farming activities. The Committee also notes that it is the National Referral Mechanism which defines the types of assistance to be provided to victims, ranging from medical care, legal assistance, short-term housing and where necessary emergency financial assistance. Lastly, the Committee notes that, as there have not been any case of compensation granted to victims of trafficking, the NAP for 2013–15 envisages developing recommendations on the creation of a compensation mechanism in this regard. The Committee requests the Government to continue to provide information on the measures taken or envisaged to provide protection and assistance to victims of trafficking, indicating in particular whether a system for compensation of victims has been established.

Articles 1(1) and 2(1). Freedom of career military personnel to leave their service. The Committee previously noted that, with regard to the right of career members of the armed forces to leave their service, the Government referred to section 51 of the Law on Military Service of 17 July 2002.

The Committee notes that section 4(5) of the Law on Military Service provides that a contract for military service is initially for a duration of three to five years, and may be renewed up to the age limit for military service. Section 51 (subsection 10 – part 1) establishes the terms under which a person may leave the military service, including upon the expiration of the contract, for medical reasons or upon having reached the age limit. The Committee requests the Government to provide information on the manner in which career military officers have the right to leave the service, in time of peace, at their own request before the termination of their contract. It also requests the Government to supply information on the number of applications to resign that have been accepted or refused, and the reasons for such refusal.

Article 2(2)(a). Use of services exacted under compulsory military service laws. The Committee previously noted that the Law on Military Service of 17 July 2002 prohibits the creation of military units for construction works and similar types of work. The Committee takes note of the Law on Alternative Service of December 2003, under which alternative service is defined for a term of 36 or 42 months. The alternative service shall be supervised by the public administration, and a list of places for joining alternative service shall be defined by the Government. Persons participating in alternative service are entitled to receive a monthly remuneration. A six-day working week shall be defined for such persons. The duration of a working day may not exceed eight hours a day, except for cases of overtime service that may be performed for the prevention of a natural or man-made disaster (section 19). The Committee requests the Government to provide examples of activities or services carried out by persons participating in alternative service.

Article 2(2)(c). Prison labour. The Committee previously noted the Government’s statement indicating that the Code of Criminal Procedure of 2004, as well as the Labour Code of 2004, regulate the labour of convicted persons, and that a convict is employed only based on his/her own consent. It requested the Government to provide a copy of the provisions governing the work of convicted persons.

The Committee takes note of section 85 of the Penitentiary Code of 2004 regulating the work of convicted persons, under which the work of prisoners is voluntary. It also notes that prisoners benefit from a monthly remuneration which may not be less than the minimum wage. Under section 106 convicted persons can enter into a labour relationship with other employers, and in this case an agreement between the penitentiary administration and the private employer is signed.

The Committee recalls that convicted persons can enter into a labour relationship with private entities provided there exist safeguards to ensure that the prisoners concerned give their free, formal and informed consent. Moreover, the Committee has considered that, in the prison context, the most reliable indicator of the voluntariness of labour is that the work is performed under conditions which approximate a free labour relationship, including wages, social security and occupational safety and health. In this regard, the Committee requests the Government to indicate whether any agreement between the penitentiary administration and the private entities has been signed in practice. If so, the Committee requests the Government to supply copies of such agreement, indicating how the voluntary consent of the prisoners to work for these private entities is guaranteed.

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

The Committee takes note of the communications of the Union of Manufacturers and Entrepreneurs of Armenia (UMEA) and the Confederation of Trade Unions of Armenia (CTUA), dated 28 October 2011, as well as the Government’s report.

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee had previously requested the Government to provide information on the implementation of the National Anti-Trafficking Action Plan, including information on the prevention and protection measures afforded to trafficking victims.

The Committee notes the information provided by the Government concerning the activities organized in the field of combating trafficking, in the framework of the second and third phases of the National Action Plan for Combating Trafficking in Human Beings, including awareness-raising campaigns; training programmes; as well as studies to assess the needs to ensure the protection of victims of trafficking. It further notes the different collaboration programmes set up between the Government and UN organizations, as well as other countries in the region. Thus, within the framework of the ILO’s regional programme on Combating Forced Labour and Trafficking in Human Beings in Armenia, Georgia and Azerbaijan, the Confederation of Trade Unions of Armenia, during the period 2009–11 organized seminars for trade union members in all regions of Armenia.

Regarding the rehabilitation of victims of trafficking, the Committee notes the Government’s indication that an amendment to the Law on the Employment of the Population and Social Protection in Case of Unemployment has included victims of trafficking to benefit from the services and activities of the employment centres. Taking due note of this information, the Committee encourages the Government to pursue its efforts to strengthen its anti-trafficking measures and to continue to provide information on the measures taken to prevent and combat trafficking in persons.

2. Participation in paid public works. In its previous comments, the Committee noted that under section 18 of the Law on the Employment of the Population and Social Protection in Case of Unemployment (2006), “the national employment service provides the needed workforce for organization of paid public work by the territorial administration and the local self-governing bodies with the purpose of providing temporary employment of jobseekers”. During the period of participation in paid public works, the payment of unemployment benefits is suspended (section 38(1)). The Committee requested the Government to clarify whether participation in paid public works is compulsory and whether sanctions are provided in case of a failure to participate in such works (such as the suspension of the payment of unemployment benefits).

The Committee notes the Government’s indication that the Paid Public Works Programme is a programme designed for the unemployed registered and jobseekers which intends to ensure temporary occupation for them. During the summer holidays students can also take part in this programme. The unemployed and jobseekers as well as students are enrolled in the programme on a voluntary basis choosing either to be enrolled in the programme and receiving three months of salary, or keeping the status of the unemployed and being enrolled in other programmes provided by the State annual programme on employment. In case they are entitled to obtain unemployment benefits, then they can receive them for a period of six to 12 months.

3. Freedom of career members of the armed forces to leave their service. The Committee previously noted the Government’s reference to section 51 (first part, point 10) of the Law on Military Service concerning termination of service of career military personnel (officers, junior officers and soldiers) who perform their service on the basis of a contract. It requested the Government to supply a copy of the abovementioned legislation.

The Committee once again requests the Government to communicate, with its next report, a copy of the Law on Military Service, as well as other provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in times of peace, at their own request.

Article 2(2)(a). Use of services exacted under compulsory military service laws. The Committee previously noted that the Law on Compulsory Military Service prohibits the creation of military units for construction works and similar types of work, and that the Law of 3 December 1996, to approve the statutes of stationary units of the armed forces, contains provisions governing the use of the armed forces to remedy the consequences of natural disasters and catastrophes. The Committee once again requests the Government to supply a copy of the above provisions with its next report. Please also communicate a copy of the Law on Alternative Service.

Article 2(2)(c). Prison labour. The Committee notes the Government’s statement that the Code of Criminal Procedure of December 2004, as well as the Labour Code of November 2004, regulate the labour of convicted persons and that a convicted person is employed only based on his or her own consent.

While noting these indications, the Committee trusts that the Government will not fail to provide along with its next report, a copy of the provisions governing the work of convicted persons serving a sentence of imprisonment. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and whether guarantees are provided to ensure that convicted prisoners are not hired to, or placed at, the disposal of private individuals, companies and associations.

Article 25. Penalties for the exaction of forced or compulsory labour. Trafficking in persons. The Committee had previously requested the Government to indicate the penalties imposed under section 132 of the Criminal Code establishing penalties of imprisonment for trafficking in persons as well as under section 133 dealing with the illegal deprivation of a person’s freedom.

The Committee takes note of the Government’s information regarding the penalties imposed under sections 132 and 133 of the Criminal Code, which ranges from one to three months in custody, to five to ten years of imprisonment. It notes the Government’s indication that in 2010, a total number of nine judicial cases were heard in Armenian courts. Eight out of these nine cases were qualified as sexual exploitation; one was qualified as labour exploitation and that during the same year, 14 persons were identified as victims of trafficking.

While taking note of this information, the Committee observes that the Government does not indicate what are the specific penalties applied in the nine judicial cases that were heard in Armenian courts. The Committee therefore requests the Government to provide in its next report copies of the relevant court decisions indicating the penalties imposed pursuant to sections 132 and 133 of the Criminal Code.

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

Communication of texts. The Committee again requests the Government to provide copies of laws and regulations governing the execution of penal sentences.

Articles 1(1) and 2(1) of the Convention. Participation in paid public works. The Committee previously noted that, under section 18 of the Law on the Employment of the Population and Social Protection in Case of Unemployment, which entered into force on 1 January 2006, “the national employment service provides the needed workforce for organization of paid public work by the territorial administration and the local self-governing bodies with the purpose of providing temporary employment of jobseekers”. During the period of participation in paid public works the payment of unemployment benefits is suspended (section 38(1)). The Committee notes the Government’s indications concerning the social nature of the paid public works, which generally include socially useful works of irrigation, construction and maintenance of roads, village improvement, reparation of water supply facilities, planting of trees, etc. According to the Government’s report, 8,189 persons participated in such works in 2006.

While noting these indications, the Committee again requests the Government to clarify whether participation in the paid public works is compulsory and whether sanctions are provided in case of a failure to participate in such works (such as, e.g. suspension of the payment of unemployment benefits).

Freedom of career members of the armed forces to leave their service. The Committee notes the Government’s indications in the report concerning termination of service of career military personnel (officers, junior officers and soldiers) who perform their service on the basis of a contract. The Government refers in this connection to section 51 (first part, point 10) of the Law on Military Service. The Committee requests the Government to communicate, with its next report, a copy of this Law, as well as other provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request.

Article 2(2)(a). Use of services exacted under compulsory military service laws. The Committee notes the Government’s indication in the report that the Law on Compulsory Military Service prohibits the creation of military units for construction works and similar types of work. The Government also states that the Law of 3 December 1996, to approve the statutes of stationary units of the armed forces, contains provisions governing the use of the armed forces to remedy the consequences of natural disasters and catastrophes. The Committee requests the Government to supply a copy of the above provisions with its next report. Please also communicate a copy of the Law on Alternative Service, to which reference has been made in the Government’s report.

Article 2(2)(c). Prison labour. The Committee again requests the Government to provide a copy of the provisions governing the work of convicted persons serving a sentence of imprisonment. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and whether guarantees are provided to ensure that convicted prisoners are not hired to, or placed at, the disposal of private individuals, companies and associations.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee previously noted the provisions of section 132 of the Criminal Code punishing with various penalties of imprisonment trafficking in persons for the purpose of exploitation. It notes the Government’s indications in the report concerning the number of convictions under this section during the period between 2004 and June 2009, as well as the number of convictions under section 133 (illegal deprivation of a person’s freedom) during the same period.

The Committee would appreciate it if the Government would indicate the penalties imposed under sections 132 and 133 referred to above and supply sample copies of the relevant court decisions. Please also provide information on the application in practice of the National Anti-Trafficking Action Plan, such as information on the prevention and protection measures, including available statistics.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 laws and regulations governing the execution of penal sentences. Please also provide additional information on the following points.

Articles 1(1) and 2(1) of the Convention. 1. Participation in paid public works. The Committee notes that under section 18 of the Law on the Employment of the Population and Social Protection in Case of Unemployment, which entered into force on 1 January 2006, “the national employment service provides the needed workforce for organization of paid public work by the territorial administration and the local self-governing bodies with the purpose of providing temporary employment of jobseekers”. During the period of participation in paid public works, the payment of unemployment benefits is suspended (section 38(1)). The Committee notes the Government’s indications in the report that, in 2005, 10,122 people took part in paid public works, which generally include socially useful works of irrigation, construction and maintenance of roads, village improvement, reparation of water supply facilities, etc. The Committee would appreciate it if the Government would clarify whether participation in such works is compulsory, and what sanctions are provided in case of a failure to participate in such works (e.g. suspension of the payment of unemployment benefits).

2. Freedom of career members of the armed forces to leave their service. Please indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Use of services exacted under compulsory military service laws. Please indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2(2)(c). Please supply copies of provisions governing the work of persons serving a sentence of imprisonment. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to, or placed at, the disposal of private individuals, companies and associations.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee notes the provisions of section 132 of the Criminal Code punishing with various penalties of imprisonment trafficking in persons for the purpose of exploitation. It also notes the Government’s indications in the report concerning a number of proceedings instituted under this section during the reporting period. The Committee would appreciate it if the Government would provide information on the penalties imposed under section 132, supplying sample copies of the relevant court decisions. Please also provide information on the application in practice of the National Anti-Trafficking Action Plan, such as the information on the prevention and protection measures, including statistics. Please indicate whether any proceedings concerning the illegal exaction of forced or compulsory labour have been instituted under other provisions of the Criminal Code, such as, e.g. section 133 (illegal deprivation of a person’s freedom), and supply information on the penalties imposed.