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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee welcomes the ratification by Lithuania of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government on the Protocol has not been received, the Committee requests the Government to provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. (i) National Action Plan. Implementation and assessment. The Committee notes the information provided by the Government, in its report, concerning the adoption of an Anti-trafficking Action Plan for 2020–2022. The Committee observes that the Anti-trafficking Action Plan for 2020–2022 provides for various activities on preventing trafficking in persons, protecting victims, strengthening coordination in combatting trafficking in persons, as well as increasing capacities of relevant actors. The Government also indicates that the Commission for Coordination of the Fight against Trafficking in Human Beings, which was established in 2016, meets twice every year to evaluate the results achieved in combatting trafficking in persons and puts forward proposal for future actions. The Committee encourages the Government to continue to take measures to combat trafficking in persons and requests it to provide information on the measures taken to implement the objectives of the Anti-trafficking Action Plan for 2020–2022. The Committee also requests the Government to provide information on the assessment of the implementation of the Anti-trafficking Action Plan undertaken by the Commission for Coordination of the Fight against Trafficking in Human Beings, its findings and proposals.

(ii) Protection of victims of trafficking. The Committee notes the Government’s indication that 39 victims of trafficking were identified in 2019, 24 in 2020 and 26 in 2021. It welcomes the adoption in 2021 of the Act on Assistance to Victims of Crimes, which regulates the organization and provision of assistance services to victims of criminal offences, including victims of trafficking in persons. It also notes that the Act on Compensation for Damage Caused by Violent Crimes adopted in 2019 provides for a compensation for pecuniary and/or non–pecuniary damages caused by a violent criminal offence, including trafficking in persons. The Government further indicates that in 2021, 247 victims, particularly victims of trafficking and persons at risk of trafficking, were provided with assistance services, including medical and psychological services, accommodation, and legal counselling. The Committee requests the Government to continue to provide information on the measures taken to ensure that all victims of trafficking in persons, for both sexual and labour exploitation, are provided with adequate protection and assistance for their recovery and rehabilitation. Please also indicate the number of victims who have benefited from compensation for pecuniary and non-pecuniary damages suffered.

(iii) Prosecution and application of dissuasive penal sanctions. The Committee takes note of the information provided by the Government concerning the inspections conducted by the labour inspectorate to identify cases of undeclared work as well as the establishment of a pilot group of inspectors for the control and prevention of trafficking for the purpose of labour exploitation which aims at analysing cases related to trafficking and strengthening the collaboration with other law enforcement bodies. The Government further indicates that there were 46 criminal cases related to trafficking in persons and forced labour in 2019; 27 in 2020 and 17 in 2021. Concerning perpetrators, in 2019, 11 were prosecuted and 14 were convicted; in 2020, 16 were prosecuted and 17 were convicted; and in 2021, 10 were prosecuted and 30 were convicted. The Committee encourages the Government to continue to strengthen the capacity of law enforcement bodies to effectively identify cases of trafficking in persons, for both labour and sexual exploitation, as well as their cooperation to ensure effective investigations and prosecutions.The Committee further requests the Government to continue to provide information on the number of investigations, prosecutions and convictions applied under sections 147 “trafficking in persons” and 147-2 “the use of services of a victim of trafficking” of the Criminal Code as well as the nature of the penalties imposed on perpetrators.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. The Committee notes the Government’s indication that convicted persons may be engaged in work activities inside or outside correctional institutions (section 55(2), clauses (1) and (2), of the Code on the Execution of Penal Sentences of 2002, as amended by the Act XIV-1196 of 28 June 2022). The Government further indicates that work activities performed inside semi-closed and closed correctional institutions are offered either by the administration of a correctional institution or the state enterprise. In addition, convicted persons in open-type correctional institutions may be allowed to conclude an employment contract with an employer under the provisions of the Labour Code. The same applies to convicted persons in semi-closed correctional institutions who received an authorization for a short-term leave by the administration of the correctional institution (section 69 of the Code on the Execution of Penal Sentences).

The Committee further notes that correctional institutions or the state enterprise may conclude contracts with natural or legal persons regarding the employment of convicted persons (i) inside a semi-closed and closed correctional institution or (ii) outside a semi-closed institution in case a person has not been granted an authorization for a short-term leave (section 59(5) of the Code on the Execution of Penal Sentences). In such cases, the labour legislation does not apply to work activities performed by convicted persons (section 60(1) of the Code on the Execution of Penal Sentences). Recalling that convicted persons shall engage in work activities (sections 56, 59 and 61(4)) of the Code on the Execution of Penal Sentences), the Committee requests the Government to indicate how it is ensured in practice that convicted persons provide their free, formal and informed consent to perform work for a private entity (i) inside semi-closed and closed correctional institutions and (ii) outside semi-closed correctional institutions when the administration of such institutions did not grant an authorization for a short-term leave. The Committee requests the Government to provide information on the number of convicted persons performing work for a private entity inside or outside semi-closed and closed correctional institutions.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that section 147 of the Criminal Code criminalizes trafficking in persons for both sexual and labour exploitation and establishes penalties ranging from two to 12 years of imprisonment. Moreover, Law No. XI 2198 of 30 June 2012 amending the Criminal Code removed liability for victims of trafficking and criminalized the use of forced labour or services provided by victims of human trafficking (section 1472 of the Criminal Code). The Committee also noted the Government’s indication that the “Guidelines on pre-trial investigation into human trafficking”, aiming at defining the criteria for the identification of victims of trafficking, were being currently drafted and would be approved jointly by the Public Prosecutor General, the Chief Labour Inspectorate and other competent authorities.

The Committee notes the Government’s information in its report that there were 55 criminal cases related to human trafficking and forced labour in 2015, 56 in 2016 and 61 in 2017. In 2015, 53 perpetrators were prosecuted, of which 16 were convicted; in 2016, 64 were prosecuted, of which 23 were convicted; and in 2017, 56 were prosecuted, of which 20 were convicted. The penalties imposed ranged up to 12 years’ imprisonment. The Government indicates that the number of cases of trafficking for prostitution has been gradually decreasing since 2013, while the majority of cases were related to trafficking for non-sexual purpose. Moreover, the number of cases of trafficking for forced criminal activities has been significantly increasing. The Committee also notes that, in 2015, the Minister of Interior, the Minister of Social Security and the General Prosecutor issued a joint order on the approval of the recommendation for improvement of the quality of pre-trial stage of human trafficking and the assurance of a better provision of assistance to victims of human trafficking. Through cooperation with non-governmental organizations, efforts were made to ensure the protection of victims of trafficking, as well as their active participation in pre-trial investigation and trial process. In 2015, 62 victims were identified, compared to 45 in 2016 and 60 in 2017.

The Committee further notes that the Action Plan of Combating Trafficking in Human Beings for the period of 2017–19 was approved, providing for measures of monitoring, prevention, prosecution and victim protection, with a focus on the cooperation between stakeholders at different levels. Additionally, the high-level Commission for Coordination of the Fight against Trafficking in Human Beings was set up in 2016 in order to coordinate the efforts of all actors and to ensure the effective implementation of the planned activities and actions. The Committee requests the Government to continue providing information on the application in practice of the relevant provisions of the Criminal Code, including the number of investigations, prosecutions and convictions related to trafficking in persons, both for purposes of sexual and labour exploitation, as well as the penalties applied to those convicted. It also requests the Government to provide information on the protection and assistance provided to victims of trafficking, as well as the number of victims who have been identified and who have benefited from such protection. The Committee further requests the Government to provide information on the implementation of the Action Plan of Combating Trafficking in Human Beings for the period of 2017 – 2019, as well as the activities carried out by the high-level Commission for Coordination of the Fight against Trafficking in Human Beings.

Article 1(1) and 2(1). Freedom of career military personnel to leave their service. In its previous comments, the Committee noted that section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, 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 of 35 years, which is the age of their transfer to the reserve for lieutenant. The Committee noted that under section 37 of the same Law, the Minister of National Defence may allow members of the professional military personnel to terminate their contract prior to expiration for valid reasons, and an officer 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 recalled that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice.

The Committee notes with interest that section 31(2) of the Law on the Organization of the National Defence System and Military Service was amended in 2017, providing that a contract on professional military service shall be concluded for a period not exceeding five years, including for officers who have graduated from the Lithuanian Military Academy. The Government also states that 44 requests for early release were received in 2016, and 52 requests were received in 2017. All of them were approved.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee referred to section 125(1) of the Code on the Execution of Penal Sentences (Law No. IX-994 of 27 June 2002) which provides that the work of convicted prisoners is compulsory. Under section 125(4), convicts may be employed in bodies other than corrective institutions or state enterprises. The Committee noted the Government’s statement that a Working Group had been established by Order No. V-393 of 22 November 2013 of the Director of the Prisons Department under the Ministry of Justice, in order to review the current practices of work of convicted persons. The Working Group proposed that convicted persons should be employed only in state enterprises or teams servicing the correctional institutions’ infrastructure. The Committee noted the Government’s indication that during the period of 2013–14, only eight convicts were working in a private company.

The Committee notes the Government’s information that in order to ensure better employment opportunities for convicts, former state enterprises operating in correctional institutions were merged into one State Enterprise named “Mūsų Amatai” in 2014, which has been constantly searching for new markets and opportunities for cooperation with business. The Government indicates that four half-way houses (open-type correctional institutions) were opened in 2016 and 2017. At the half-way houses, convicts shall find their own job, and their work is performed in accordance with the Labour Code. The Committee also notes the statistical information provided by the Government regarding the employment of convicts. From 2015 to 2017, a large majority of convicts (around 2,000 persons per year) were either employed at the State Enterprise or doing household work. In 2017, 59 convicts worked at Half-Way Houses. Moreover, the number of convicts employed under the contract of social partnership was 30 in 2016 and 75 in 2017. Recalling that the work of prisoners for private entities can only be carried out with their prior, free, formal and informed consent, the Committee requests the Government to provide further information on the employment of convicts under the contract of social partnership, such as the nature and content of the contract, indicating whether private undertakings are involved in the conclusion or performance of such a contract.

Article 2(2)(d). Legislation concerning compulsory military service. The Committee previously noted that following a special urgency procedure, the Parliament approved a new Law, on 19 March 2015, reintroducing the possibility to call up conscripts to do a nine-month long continuous mandatory military service for a five-year period. The Committee therefore requested the Government to supply a copy of the Law reintroducing military conscription which was adopted on March 2015.

The Committee notes the 2018 version of the Law on Military Services provided by the Government. Its section 5(1) provides that compulsory military service is carried out in military units according to programmes approved by the Commander of the Armed Forces. Moreover, according to its section 18(1), a request for alternative national service must be based on religious or pacifist beliefs that prevent the use of weapons. The Committee also notes that, pursuant to section 18 of the Law on the Organization of the National Defence System and Military Service, the Armed Forces may render assistance to other state and municipal institutions in case of emergency, such as to perform rescue assignments in a rapidly spreading accident, to reinforce the border guard, to participate in anti-terrorist operations and to assist the police, among others.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the legal framework related to trafficking in persons, in particular section 147 of the Criminal Code which criminalizes trafficking in persons for both sexual and labour exploitation, regardless of the consent of trafficking victims, and establishes penalties ranging from two to 12 years of imprisonment. Legal entities may also be held liable for trafficking offences (sections 147(4) and 157(4) of the Criminal Code). The Committee takes note of Law No. XI-2198 of 30 June 2012 amending the Criminal Code, which removed liability for victims of trafficking and criminalized the use of forced labour or services provided by the victim of human trafficking, where the perpetrator was aware or had to be aware of the fact that the person was performing the work or services only because of the physical violence, threats, deceit or other methods of subjugation of a person’s will for exploitation purposes (section 1472 of the Criminal Code). Furthermore, the Committee notes that the Inter-Institutional Plan for the Implementation of the National Crime Prevention and Control Programme for 2013–15 includes activities aiming at preventing trafficking in persons, training relevant specialists, providing assistance to victims of trafficking and increasing the effectiveness of international cooperation.

The Committee notes that the Government ratified the Council of Europe Convention on Action against Trafficking in Human Beings in June 2012. In this regard, the Committee notes the report published on 20 March 2015 by the Group of Experts on Action against Trafficking in Human Beings (GRETA), concerning the application by Lithuania of the mentioned Convention (GRETA(2015)12). The Committee notes that as a result of the ADSTRINGO Project (“Addressing Trafficking in Human Beings for Labour Exploitation through Improved Partnerships, Enhanced Diagnostics and Intensified Organisational Approaches”) implemented in 2012–14 in the Baltic Sea Region, guidelines to prevent abusive recruitment, forced labour and trafficking of migrant workers in the region were adopted. The Committee observes that, as highlighted by GRETA’s report, Lithuania is mostly a country of origin of victims of trafficking, but also to a certain extent a country of destination, particularly for men subjected to trafficking for labour exploitation. The main countries of destination are Germany, Poland, the Netherlands and the United Kingdom. In this regard, the Committee notes that a British company is currently being sued in the United Kingdom for claims related to trafficking for labour exploitation by six Lithuanian migrants, five of them having been officially recognized as victims of human trafficking by the National Crime Agency’s Human Trafficking Centre.

The Committee further notes that the Government has been involved in different awareness-raising and training activities, with a particular focus on the identification of victims of trafficking. In this regard, the Committee notes the Government’s indication that the “Guidelines on pre-trial investigation into human trafficking”, aiming at defining the criteria for the identification of victims of trafficking, are currently drafted and will be approved jointly by the Public Prosecutor General, the Chief Labour Inspectorate and other competent authorities. While noting the various measures taken by the Government, the Committee notes that both the United Nations Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women, in their 2014 concluding observations, as well as GRETA, have urged the Government to ensure that all victims of trafficking are identified as such and can benefit from the assistance and protection measures provided for in the national legislation (E/C.12/LTU/CO/2, paragraph 16; CEDAW/C/LTU/ CO/5, paragraphs 26 and 27; and GRETA(2015)12). The Committee notes that in 2014, 22 cases were instituted on trafficking in persons under section 147 of the Criminal Code and 47 individuals were identified as victims of trafficking in persons (among which were 25 men, 19 women and three children), 40 traffickers were prosecuted and 18 traffickers were convicted. Noting the efforts made to combat trafficking in persons, the Committee requests the Government to provide information on the implementation of the Inter-Institutional Plan for the Implementation of the National Crime Prevention and Control Programme for 2013–15, indicating whether the objectives set out have been achieved and whether an evaluation has been undertaken in order to assess the impact of the measures adopted. The Committee also requests the Government to provide information on the application in practice of sections 147 and 1472 of the Criminal Code, including the number of investigations, prosecutions and convictions related to trafficking in persons, both for purposes of sexual and labour exploitation, as well as the penalties applied to those convicted. Please also provide information on the measures taken to ensure appropriate training to the competent authorities and on the resources allocated to them in identifying victims of trafficking to ensure that such victims can benefit from the assistance and protection measures provided for in the national legislation.

Article 1(1) and 2(1). Freedom of career military personnel to leave their service. In its previous comments, the Committee noted that section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, 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 of 35 years, which is the age of their transfer to the reserve for lieutenant. 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 an officer 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 also noted that, in practice, all requests for resignation by career members of the armed services had been accepted.

The Committee notes the statistical information provided by the Government on the application of section 37, indicating that in 2012, 28 requests were received from officers and only three were not approved. During the period 2013–15, all such requests received from officers were approved. Recalling that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to continue to provide information on the manner in which applications for voluntary release by career members of the armed services are generally treated, including information relating to the notice period, the number of acceptances and refusals and, where appropriate, reasons for such refusal.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee referred to section 125(1) of the Code on the Execution of Penal Sentences (Law No. IX-994 of 27 June 2002) which provides that the work of convicted prisoners is compulsory. While noting that, under section 125(4), convicts may be employed “in bodies other than corrective institutions or state enterprises”, the Committee noted the Government’s indication that, in practice, convicts can only be employed either within the correctional institutions or in the state-owned enterprises belonging to the penitentiary system.

The Committee notes the Government’s statement that a Working Group has been established by Order No. V393 of 22 November 2013 of the Director of the Prisons Department under the Ministry of Justice, in order to review the current practices of work of convicted persons. The Working Group proposed that convicted persons should be employed only in state enterprises or teams servicing the correctional institutions’ infrastructure. To ensure employment opportunities for convicts, state enterprises have been established at correctional institutions. The Committee notes the Government’s indication that, in 2013, 1,254 convicts were employed in state-owned enterprises at the correctional institutions, 954 convicts were doing household work and eight convicts were working in a private company. In 2014, 1,210 convicts were employed in state-owned enterprises at correctional institutions and 954 convicts were doing household work. Noting that the Working Group established by the Director of the Prisons Department has recommended that convicts should be employed only in state enterprises and correctional institutions, the Committee requests the Government to provide information on any measure taken, both in legislation and in practice, as a result of such recommendation. Pending the adoption of such measures and to the extent that section 125(4) of the Code on the Execution of Penal Sentences still allows convicts to be employed “in bodies other than corrective institutions or state enterprises”, the Committee requests the Government to provide information on any measure taken in order to align the law with the current practice indicated in the Government’s report. In the meantime, please ensure that the work of prisoners for private entities can only be carried out with their prior, free, formal and informed consent.

Article 2(2)(d). Legislation concerning compulsory military service. The Committee notes that following a special urgency procedure, the Parliament has approved a new Law, on 19 March 2015, reintroducing the possibility to call up conscripts to do a nine-month long continuous mandatory military service for a five-year period. The Committee requests the Government to supply a copy of the Law reintroducing military conscription which was adopted on March 2015.

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

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.

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

Articles 1 (paragraph 1), and 2 (paragraph 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, e.g. 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 previously noted the Government’s indication in its 2005 report that the provision of section 31(2) referred to above would be amended and that the Ministry of National Defence had formed a working group for that purpose, which had already drafted amendments to the Law on the Organization of the National Defence System and Military Service, providing for the conclusion with career members of the armed forces of fixed-term professional military service contracts for a term not exceeding five years.

However, the Committee notes from the Government’s latest report that the 1998 Law has not yet been amended. The Committee reiterates its hope that the above amendments to the Law on the Organization of the National Defence System and Military Service will soon be adopted and legislation will be brought into conformity with the Convention on this point. Pending the adoption of such amendments, the Committee again requests the Government to provide information on the application of the abovementioned section 37(2) in practice, indicating the number of applications for resignation accepted and refused, as well as the reasons for refusal. The Committee also requests the Government to communicate, with its next report, a copy of Order No. V-1293 of the Minister of National Defence of 19 December 2006 concerning the procedure for termination of a professional military service, referred to in the Government’s report.

Article 2, paragraph 2, subparagraph (c), of the Convention. Work of prisoners for private individuals, companies or associations. The Committee notes the information concerning the employment of prisoners, including relevant legislative provisions and statistics, communicated by the Government in its report.

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 notes that, under section 125(4), convicts may be employed “in bodies other than corrective institutions or state enterprises”. The Committee recalls 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. As the Committee repeatedly pointed out, in order to be compatible with the Convention, work by prisoners for private companies must be performed in conditions approximating a free employment relationship; this necessarily requires the formal consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security, etc. (see e.g. paragraphs 59–60 of the Committee’s 2007 General Survey on the eradication of forced labour).

While noting from the information supplied by the Government that, under sections 128–132 of the Code on the Execution of Penal Sentences, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observes that, under the legislation in force, the formal consent of prisoners to work for private enterprises does not appear to be asked for. The Committee notes, however, the Government’s indications that the practice of employment of convicts in private companies has discontinued and, at present, convicts are employed either in the state-owned enterprises belonging to the penitentiary system or within the correctional institutions.

While noting that, at present, the work of prisoners for private enterprises does not take place in practice, the Committee nevertheless expresses the hope that, in the light of the above considerations, the Government will take measures in order to ensure that, both in the legislation and in practice, the work of prisoners for private enterprises will be carried out only with their voluntary consent, such consent being free from the menace of any penalty, including the loss of rights or privileges. The Committee requests the Government to provide, in its next report, information on the measures taken or envisaged in this regard. Pending the adoption of such measures, the Committee hopes that the Government will continue to provide information, including statistics, concerning the employment of prisoners, both inside and outside prison premises.

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 (including labour exacted in conditions of slavery or other inhuman conditions) punishable with various penal sanctions, including imprisonment for a term of up to eight years. The Committee notes the Government’s indication in the report that no proceedings have been instituted before the district courts under this section in 2007–09.

The Committee hopes that the Government will continue to provide, in its future reports, information on the application of section 147-1 in practice, supplying sample copies of the relevant court decisions, if any. The Committee also requests the Government once again to provide information on any legal proceedings which have been instituted under the criminal provisions punishing trafficking in persons, indicating the penalties imposed on perpetrators.

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

Articles 1(1) and 2(1) of the Convention. Freedom of career military servicemen to terminate their service. In its earlier comments, the Committee noted that, according to section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, 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. Section 37 of the same Law stipulates that the Minister of National Defence may allow professional military servicemen 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 career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee has noted with interest the Government’s statement in its 2005 report that the provision of section 31(2) referred to above is going to be amended. The Government indicates that the Ministry of National Defence has formed a working group to draft amendments to the Law on the Organization of the National Defence System and Military Service, and this working group has already drafted amendments providing for the conclusion with servicemen of fixed-term professional military service contracts for a term not exceeding five years.

The Committee hopes that the above amendments to the Law on the Organization of the National Defence System and Military Service will be adopted in the near future and legislation will be brought into conformity with the Convention on this point. Pending the adoption of the amendments, the Committee requests the Government to continue to provide information on the application of the abovementioned 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) of the Convention. Work of prisoners for private individuals, companies or associations. In its earlier comments, the Committee noted from the Government’s report that in the “open-type” institutions of correctional labour, convicts are allowed to work for private individuals or enterprises. The Government indicated, in particular, that the administration of Kybartai penitentiary establishment, which was the only “open-type” establishment of corrective labour in the country, was looking for job vacancies for convicts and concluded contracts with legal and natural persons, and that convicts were informed about such vacancies and employed with their consent.

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. The Committee previously pointed out 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; this necessarily requires the formal consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security, etc. The Committee also 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. It therefore requested the Government to indicate how the freely given consent of convicts to work for private employers is ensured.

The Committee notes the Government’s statement in its 2005 report that the practice of employment of convicts in private companies has discontinued and the Kybartai penitentiary establishment has been closed down. The Government further indicated in its 2005 and 2007 reports that, during the period from January 2005 to April 2007, only about 30 to 31.9 per cent of convicts have been employed, most of them in the state-owned enterprises belonging to the penitentiary system, and the rest of them in the correctional institutions proper.

While noting this information with interest, the Committee hopes that the Government will continue to provide, in its future reports, information concerning the employment of prisoners, both inside and outside prison premises, supplying copies of the relevant provisions. It also requests the Government to communicate a copy of the full text of the code on the execution of penal sentences referred to above.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee has noted that section 147-1 of the new Criminal Code, as amended on 23 June 2005, makes the illegal exaction of forced labour (including labour exacted in conditions of slavery or other inhuman conditions) punishable with various penal sanctions, including imprisonment for a term of up to eight years. The Committee has noted the Government’s indications in its 2005 and 2007 reports that no proceedings have been instituted under this section during the period of 2003–07. The Committee requests the Government to continue to provide, in its future reports, information on the application of section 147-1 in practice, supplying sample copies of the relevant court decisions, if any. Please also provide information on any legal proceedings which have been instituted under the Criminal Code provisions punishing trafficking in persons for the purpose of exploitation, indicating the penalties imposed on perpetrators.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reply to its earlier comments.

Freedom of career military servicemen to terminate their service. The Committee previously noted that, according to section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, 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. Section 37 of the same Law stipulates that the Minister of National Defence may allow professional military servicemen 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 referred to the explanations contained in paragraphs 33, 68 and 71-72 of its General Survey of 1979 on the abolition of forced labour, in which it pointed out that the provisions excepting compulsory military service from the prohibition of forced labour under the Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee observed that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Government indicates in its report of 2002 that usually termination of career military service in violation of section 37 does not incur any penal sanctions, but rather disciplinary punishment for absence without leave, such as dismissal from service. The Government states that, in practice, the application of provisions of section 37 does not raise any problems and, at present, ten to 20 servicemen are dismissed from service per year for important reasons at the permission of the Minister of National Defence.

While noting these indications, the Committee reiterates its hope that the necessary measures will be taken to amend the above provisions of the Law on the Organization of the National Defence System and Military Service so as to allow career servicemen to leave the service in peacetime at their own request, by means of notice of reasonable length, and subject to the conditions which may normally be required to ensure the continuity of the service, in order to bring legislation into conformity with the Convention on this point. Pending the amendment, the Committee requests the Government to continue to provide information on the application of the abovementioned section 37 in practice, indicating the number of applications for resignation accepted and refused, as well as the reasons for refusal.

Article 2(2)(c) of the Convention. The Committee previously noted from the Government’s report that in the "open-type" institutions of correctional labour, convicts are allowed to work for private individuals or enterprises. The Government indicates in its report of 2002 that the administration of the Kybartai penitentiary establishment, which is the only "open-type" establishment of corrective labour in the country, is looking for job vacancies for convicts and concludes contracts with legal and natural persons, and that convicts are informed about such vacancies and employed with their consent. The contracts contain provisions ensuring social protection of convicts and a possibility of supervision by the administration of their conditions of work and remuneration.

The Committee recalls that, under Article 2(2)(c) of the Convention, work or service exacted from any person as a consequence of a conviction in a court of law is excluded from the scope of the Convention if two conditions are met, namely: "… that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations".

This Committee has always made it clear that the two conditions are cumulative and apply independently; i.e. the fact that the prisoner remains at all times under the supervision and control of a public authority does not in itself dispense the government from fulfilling the second condition, namely that the person is not hired to or placed at the disposal of private individuals, companies or associations. As the Committee repeatedly pointed out, it is only when work or service is performed in conditions approximating a free employment relationship that work by prisoners for private companies can be held compatible with the explicit prohibition of the Convention; this necessarily requires the formal consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security, etc. (paragraphs 97-101 of the Committee’s General Survey of 1979 on the abolition of forced labour; paragraphs 128-143 of the Committee’s General Report to the 89th Session of the International Labour Conference, 2001).

The Committee has noted, however, 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 Government is therefore requested to indicate how the freely given consent of convicts to work for private employers is ensured, without the menace of any penalty in the wide sense of Article 2, paragraph 1, of the Convention, such as loss of privileges or an unfavourable assessment of behaviour taken into account for reduction of sentence. The Committee also requests the Government to supply a copy of the full text of the Code on the Execution of Penal Sentences referred to above.

Article 25. The Committee notes the Government’s statement in its latest report that the new Criminal Code which came into force on 1 January 2003 contains no provision punishing the illegal exaction of forced or compulsory labour, but there are penal provisions punishing other offences (such as the unlawful deprivation of a person’s freedom) which might be applicable. The Committee requests the Government to provide, in its next report, information on any proceedings which may have been instituted under this provision and on any penalties imposed. Please also supply a copy of the new Criminal Code.

The Committee has also noted the Government’s indications in its 2002 report concerning the application of the old Criminal Code provisions punishing trafficking in human beings (section 131-3) and any acts that constitute a breach of labour laws (section 139, which, according to the Government, was also applicable in case of the illegal exaction of forced or compulsory labour). In case the new Criminal Code contains similar provisions, the Committee would appreciate it if the Government would supply information on their application in practice.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the information provided by the Government in reply to its previous direct request. It has noted, in particular, the provisions of the Law on Civil Protection of 15 December 1998, supplied by the Government under Article 2, paragraph 2(d), of the Convention.

Freedom of career military servicemen to terminate their service. The Committee has noted that, according to section 31(2) of the Law on the Organization of the National Defence System and Military Service, 1998, 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. Section 37 of the same Law stipulates that the Minister of National Defence may allow professional military servicemen 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 refers in this connection to the explanations contained in paragraphs 68 and 71-72 of its 1979 General Survey on the abolition of forced labour, in which it pointed out that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. On the other hand, the provisions excepting compulsory military service from the prohibition of forced labour under the Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee hopes that the necessary measures will be taken to amend the above provisions of the Law on the Organization of the National Defence System and Military Service in order to bring it into conformity with the Convention on this point. Pending the amendment, the Committee requests the Government to provide information on the application in practice of the abovementioned section 37 of the Law.

Article 2, paragraph 2(c). The Committee has noted from the Government’s report that in the "open-type" institutions of correctional labour convicts are allowed to work for private individuals or enterprises. The Government indicates that such labour is not compulsory and that the convicts themselves freely choose it; that it is carried out on the basis of a contract concluded between the employer and the administration of the penitentiary institution and that there are social security provisions and a possibility of supervision by the administration of conditions of work and remuneration of convicts.

The Committee requests the Government to describe the organization of convicts’ work for private individuals and enterprises and to supply specimen copies of agreements concluded between the administration of the penitentiary institution and private users of convicts’ labour. The Government is also requested to indicate any measures taken to ensure that any work or service by convicts for private parties is performed in conditions approximating a free employment relationship; such measures should include any formal consent of the person concerned, as well as - given the absence of alternative access to the free labour market - further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security (see also paragraphs 112­ 125 of its General Report to the 86th Session of the International Labour Conference, 1998). The Committee also repeats its request for a copy of a full updated text of the Correctional Labour Code.

Article 25. The Committee has noted the Government’s repeated statement in its reports that no legal proceedings have been instituted as a consequence of the application of this Article. The Government also refers to section 139 of the Penal Code which provides for punishment of any acts that constitute a breach of labour laws. The Committee would appreciate it if the Government would indicate whether section 139 is applicable in case of the illegal exaction of forced or compulsory labour and provide, in future reports, information on any proceedings which may have been instituted under this section and on any penalties imposed.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the information provided by the Government in its first and second reports on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points.

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(a), of the Convention. The Committee notes that article 48 of the Constitution excludes compulsory military service or alternative service from the prohibition of forced labour. It would be grateful if the Government would indicate what guarantees are provided to ensure that work exacted during compulsory military service is for purely military ends. Please also provide information on provisions applicable to military officers and other career service personnel, as regards their right to leave the service at their own request in time of peace, either at certain reasonable intervals or by means of notice of reasonable length. Please supply a copy of the Law on the National Defence Service referred to in the Government's first report.

Article 2, paragraph 2(b). Please indicate any work or service (other than compulsory military service or work or service required in case of emergency) which may be exacted as normal civic obligations of citizens and therefore excluded from the definition of "forced or compulsory labour" under this provision of the Convention.

Article 2, paragraph 2(c). The Committee notes the Government's statement in its first report that prison labour is exacted from convicts as a consequence of a conviction in a court of law and is carried out in the penitentiary institutions under the supervision of the Ministry of Internal Affairs. Please indicate what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also supply a full updated text of the Correctional Labour Code.

Article 2, paragraph 2(d). The Committee notes that article 48 of the Constitution excludes from the definition of forced labour any work exacted in cases of emergency. The Committee would be grateful if the Government would indicate, in its next report, whether any special legislation concerning a state of emergency has been adopted, and if so, supply a copy. Please state what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency ceases as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee notes the Government's statement in its first report that no legal proceedings have been instituted as a consequence of the application of this Article. Please indicate provisions imposing penal sanctions for the illegal exaction of forced or compulsory labour and furnish information, in future reports, on any such proceedings which may have been instituted and on any penalties imposed.