Forced Labour Convention, 1930 (No. 29) - Latvia (Ratification: 2006)
Protocol of 2014 to the Forced Labour Convention, 1930 - Latvia (Ratification: 2017)

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

Previous comment

The Committee welcomes the ratification by Latvia of the Protocol of 2014 to the Forced Labour Convention, 1930, and takes due note of the Government’s first report as well as its replies to the Committee’s previous comments on the Convention.

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. National policy and systematic and coordinated action. Trafficking in persons. The Committee notes the indication provided by the Government concerning the adoption of the National Action Plan Against Trafficking in Human Beings for 2021–23. The National Action Plan provides for various activities in four main areas, particularly 1) prevention of trafficking in persons; 2) identification and protection of victims of trafficking; 3) prosecution of trafficking in persons offences; and 4) strengthening cooperation and exchange of information with relevant partners. It also provides for the elaboration of a draft law on the national cooperation and coordination mechanism for the prevention of trafficking in persons. The Committee further notes that the Ministry of the Interior shall submit an evaluation report on the implementation of the National Action Plan to the Cabinet of Ministers by 1 September 2024 (section 3 of the Cabinet of Ministers Order No. 690 of 28 September 2021 approving the National Action Plan). The Committee hopes that the Government will take the necessary measures for the effective implementation of the four areas of the National Action Planfor 2021–23 and requests it to provide information on the results achieved, including the main findings of the evaluation report prepared by the Ministry of the Interior. Recalling the importance of the adoption of a coordinated and systematic approach to combat trafficking in persons, the Committee requests the Government to provide information on the adoption of the law on the national cooperation and coordination mechanism for the prevention of trafficking in persons as well as on the manner in which it contributes to ensure systematic action by the competent authorities.

Article 1(3) of the Protocol and Article 25 of the Convention. Prosecution and application of effective sanctions. The Government indicates that under section 154-1 (trafficking in persons) of the Criminal Code, in 2021, four criminal proceedings involving 14 suspects were initiated which led to one case considered by the court and one person being convicted and, for the period 2018–21, six persons were convicted. The Committee notes that, in its 2022 report, the Group of Experts on Action Against Trafficking in Human Beings (GRETA) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Latvia expressed concern about the low number of investigations, prosecutions and convictions for trafficking in persons, and the fact that a significant number of the sentences handed down were suspended. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of law enforcement bodies to promptly investigate and prosecute trafficking in persons cases so that sufficiently dissuasive penalties are imposed on perpetrators. The Committee further requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and penalties imposed under section 154-1 of the Criminal Code in practice.

Article 2 of the Protocol. Measures of prevention. Clauses (b) and (e). Educating and informing employers. Supporting due diligence. The Committee notes the Government’s indication that the European cooperation network on employment services provides employers with information and advice on employment, including the recruitment of workers from abroad. The Committee further observes the development of a toolkit for businesses concerning prevention of labour exploitation and trafficking “Navigating through your supply chain” under the international project “Flows of illicit funds and victims of human trafficking: uncovering the complexities 2018 – 2020” which covers Bulgaria, Estonia, Finland, and Latvia. The Committee requests the Government to provide more specific information on the measures taken to support due diligence by both the public and private sectors to prevent and respond to risks of forced labour in their operations.

Article 3 of the Protocol. (i) Identification of victims of trafficking. The Committee notes the information provided by the Government concerning the adoption of the Cabinet of Ministers Regulation No. 344 of 16 July 2019 on the Procedures on the Provision of Social Rehabilitation Services to Victims of Trafficking in Persons and the Criteria for the Recognition of a Person as a Victim of the Trafficking in Persons. It also notes the measures taken to improve identification of potential victims and victims of trafficking among persons who illegally entered Latvia. The Committee further notes from the 2022 GRETA’s report the setting up of the multi-disciplinary commission entitled to identify victims of trafficking as well as a significant increase in the number of identified victims of trafficking for the purpose of labour exploitation. According to the Government, the number of identified victims increased from 23 persons in 2018 to 61 persons in 2021 and most of the victims were men trafficked for labour exploitation. The Committeewelcomes the measures taken to ensure the early identification of victims of trafficking for both sexual and labour exploitation and requests the Government to pursuit its efforts in this regard and to continue to provide relevant information.

(ii) Protection of victims of trafficking. The Government indicates that the state-funded associations, the Resource Centre for Women “MARTA” and the Shelter “Safe House” are the key providers of social rehabilitation services to victims of trafficking. Available social rehabilitation services include accommodation, medical and psychosocial assistance, legal and translation services, training and education programs as well as clothing and food. The Government also refers to various training programs and activities conducted for social workers who provide social rehabilitation services to victims of trafficking. The Committee requests the Government to provide information on the number of victims of trafficking who have benefited from social rehabilitation services and the nature of the services provided.

Article 4 of the Protocol. Access to appropriate and effective remedies. The Committee notes that the Act on State Compensation to Victims of 2006 provides for the state compensation at the amount of 90 per cent of five minimum monthly wages to persons recognized as victims of trafficking under the criminal procedure law. The Government also indicates that in addition to the state compensation, victims of a criminal offence can request compensation under the civil and criminal procedure law. The Committee further notes that in its 2022 report, the GRETA expressed concern that while the number of victims who claimed and received state compensation gradually increased, in practice, effective access of victims of trafficking to compensation remained sporadic, including due to the lack of information and assistance available to victims. The Committee requests the Government to indicate the measures taken to facilitate information on and access to appropriate and effective remedies, particularly compensation, to victims of forced labour, including trafficking in persons. It also requests the Government to provide statistical data on the number of victims who have claimed and received the compensation, awarded under the Act on State Compensation to Victims of 2006 or granted under the civil and criminal procedure law.

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In reply to the Committee’s previous comments, the Government indicates that during 2018–22, there were six cases in which soldiers requested for an early termination of their contract, in accordance with section 43(1) of the Military Service Act of 2002, allowing professional service contracts to be terminated before the end of the term at any time by agreement of the parties. The Government further indicates that the soldiers concerned continued the military service after the personal issues leading to the requests for resignation had been resolved through negotiations with their commanders.

Article 2(2)(a) of the Convention. (i) Compulsory military service. The Committee notes that the National Defence Service Act of 5 April 2023 introduced a compulsory military service of 11 months for male citizens born after 1 January 2004 (section 3(1)(1), and the transitional provisions of the Act). Section 12(1) of the National Defence Service Act stipulates that the military service undertaken by conscripts shall be determined by the Military Service Act of 2002 and other laws and regulations. Accordingly, as per section 9(1)(3) of the Military Service Act of 2002, the military service includes the performance of activities in the interests of the public and the State. The Committee recalls that according to Article 2(2)(a) of the Convention, work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is of a purely military character. The Committee therefore requests the Government to indicate whether the activities which conscripts may be requested to undertake in the interests of the public and the State under section 9(1)(3) of the Military Service Act of 2002 are limited to work of a purely military character and to provide examples of such activities.

(iii) Alternative service. According to section 3(2) of the National Defence Service Act of 5 April 2023, persons who cannot perform compulsory military service due to conscience or religious beliefs may undertake an alternative service of 11 months in the institutions subordinated to the Ministry of Defence. The Committee requests the Government to provide information on the number of persons involved in alternative service, as compared to the number of those performing compulsory military service.

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

The Committee notes the observations of the Free Trade Union Confederation of Latvia (FTUCL) communicated with the Government’s report.

Articles 1(1), 2(1) and 25. Trafficking in persons. 1. Legal framework and law enforcement. In its previous comments, the Committee noted that section 154 of the Criminal Code criminalizes trafficking in persons. The Government indicated that, in 2013, one person was convicted under section 154 1(3) of the Criminal Code (trafficking in persons in an organized group), and sentenced to deprivation of liberty for seven years. The Committee requested the Government to continue providing information on the application in practice of relevant provisions of the Criminal Code.

The Committee notes the Government’s information in its report that, from 1 June 2015 to 14 March 2018, 11 criminal proceedings were initiated regarding trafficking in persons, while prosecution was initiated for four cases. Since 2015, most convicted persons (seven out of eight) have received conditional sentences. The Committee also notes that, according to the observations of the FTUCL, the number of prosecutions is low in comparison with the number of criminal proceedings initiated, possibly due to inadequate involvement of social partners in criminal proceedings, problems to qualify cases under relevant criminal provisions and difficulties to obtain sufficient evidence. The Committee therefore requests the Government to continue its efforts to ensure that investigations and prosecutions are carried out against all persons engaged in trafficking in persons. It also requests the Government to continue providing information on the application of relevant provisions of the Criminal Code in practice, including the number of investigations and prosecutions carried out, as well as the specific penalties applied.

2. Plan of action and monitoring mechanism. The Committee notes the Government’s information that a working group was established by Prime Minister Order No. 25 of 28 February 2017, in order to coordinate the implementation of the Guidelines for the Prevention of Trafficking in Human Beings 2014–20 (Guidelines 2014–20). According to the 2017 Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Latvia, of the Group of Experts on Action against Trafficking in Human Beings (2017 GRETA report), activities envisaged by the Guidelines 2014–20 include information and awareness raising, research, identification and assistance of victims, state compensation, return of victims, residence of foreign victims, legal framework for combating trafficking, law enforcement and prosecution, cooperation and coordination of anti-trafficking measures (GRETA(2017)2, paragraph 23). The Ministry of Interior is expected to submit to the Cabinet of Ministers an interim report on the implementation of the Guidelines 2014–20 by 30 June 2017 and a final report by 30 June 2021 (paragraph 24). The Committee requests the Government to provide information on the implementation of the Guidelines for the Prevention of Trafficking in Human Beings 2014–20, including a copy of evaluation reports prepared by the Ministry of Interior.

3. Identification and protection of victims. The Committee notes from the 2017 GRETA report that the identification of victims of trafficking is carried out in accordance with Cabinet Regulation No. 889 of 2006, as amended in 2012. Accordingly, identification as a victim of trafficking by the state police is determined by the presence of sufficient grounds for initiating a criminal case into a trafficking offence. In the absence of a criminal investigation, the multi-disciplinary commission of experts (consisting of a lawyer, a psychologist, a social worker and a representative of the police) has to convene within three days and assess if there are sufficient indicators for considering a person as a victim of trafficking (paragraph 101). The Committee also notes that, from 2012 to 2016, 110 victims were identified, the majority of whom were adult women. Among them, 25 victims were subjected to forced labour, while 20 were subjected to sexual exploitation (paragraphs 13 and 14). In accordance with the Guidelines 2014–20, in 2016, the Ombudsman’s Office initiated an evaluation of the institutional framework and mechanism for the identification, assistance, repatriation and return of victims of trafficking (paragraph 24). The Committee requests the Government to continue its efforts with regard to the identification of victims of trafficking for purposes of both sexual and labour exploitation, and to ensure that protection and assistance is provided to such victims. The Committee also requests the Government to provide information on the measures taken and the results achieved in this regard, including the number of victims who have been identified and who have benefited from adequate protection. It further requests the Government to provide information on the results of the evaluation initiated by the Ombudsman’s Office, once finalized.

Articles 1(1) and 2(1). Freedom of career members of the armed forces to leave their service. In its previous comments, the Committee noted that pursuant to section 20(3) of the Military Service Law of 2002, as amended, soldiers of the National Armed Forces work under a professional service contract for a period until reaching the maximum age specified under section 41 or for a period of time not less than five years. According to section 43(1) of the Law, a professional service contract may be terminated before the end of the term at any time by agreement of the parties. The Government indicated that each request for termination of service by a soldier is evaluated individually by the Minister of Defence and an agreement on termination shall be reached after negotiations with the soldier concerned and taking into account the liabilities undertaken by the soldier. The Committee also noted the Government’s statement that there were no cases where agreement relating to the termination of service had not been reached. The Committee therefore requested the Government to indicate the provisions governing the procedure as well as the deadline for a response in this regard.

The Committee notes the Government’s information that the specific procedures for such termination of service are set out in the internal regulations entitled “Rules on Retirement of Soldiers from Military Service”, adopted by the Minister of Defence on 14 August 2013. According to the Rules, a soldier intending to terminate the professional service contract before the end of the term shall submit a written request not later than two months in advance of the expected release date. The request for release shall be then submitted to the Minister of Defence for approval through the chain of command no later than one month before the expected release date. The Government also indicates that there is no information on cases where the request for release is denied or the decision is taken within an unreasonable time framework. The Committee requests the Government to continue providing information, in its future reports, on the application of section 43(1) of the Military Service Law and the Rules on Retirement of Soldiers from Military Service in practice, including the number of cases in which such resignations were refused and the grounds for refusal.

Article 2(2)(c). Prison labour. The Committee previously noted that the Code of Execution of Sentences of Latvia specifies the types of employment of convicted persons consisting of employment with and without remuneration. Employment with remuneration consists of employment in the maintenance service of the prison or work in production units established by merchants located in or outside prison premises. The Government indicated that, according to section 56-2 of the Code of Execution of Sentences, as amended in 2013, which provides that a convicted person shall be employed for remuneration pursuant to a written submission by the convicted person to the head of the deprivation of liberty institution following which such person may be employed in the deprivation of liberty institution or outside. According to section 56-3 of this Code, a merchant who has concluded a cooperation agreement with the deprivation of liberty institution regarding organizing the employment of convicted persons, shall enter into an agreement or employment contract, if the work is outside, with the convicted persons on the performance of work prior to commencing the work. Moreover, section 56-4 of the Code provides that the provisions of the Labour Law shall apply to a convicted person employed on the basis of an employment contract in so far as this Code does not provide otherwise. Sections 56-7, 56-8 and 56-15 of the Code regulate the working time, leave and wages respectively of the convicted persons employed for remuneration. Observing that there appear to be no provisions in the Code of Execution of Sentences requiring the voluntary consent of the convicted persons for work outside the prison with a private entity for remuneration, the Committee requested the Government to clarify whether the written submission by convicted persons for employment of remuneration as required under section 56-2 involves the voluntary consent of convicted persons, such consent being informed of the conditions of work and free from the menace of any penalty, including the loss of rights or privileges.

The Committee notes the Government’s information that there are no legal provisions providing for any sanctions or penalties for convicted persons who are not taking part in employment activities. The Government also indicates that procedures by which convicted persons are employed for remuneration are addressed by the Regulation of the Cabinet of Ministers No. 63 of 17 January 2012. According to point 2, a convicted person who is willing to undertake employment within the prison premises shall submit a written application to the head of the deprivation of liberty institution, in which he/she shall indicate the type of desired employment and information on his/her education background, work experience and skills. Moreover, convicted persons who serve their sentence in an open prison may perform work for private undertakings outside the prison. For this purpose, the concerned person shall apply for job opportunities by sending a CV to the potential employer. An employment contract shall also be concluded by the employer and the convicted person, providing for all essential working conditions.

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

Articles 1(1), and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In its previous comments, the Committee noted that pursuant to section 20(3) of the Military Service Law of 2002, as amended, soldiers of the National Armed Forces work under a professional service contract for a period until reaching the maximum age specified under section 41 or for a period of time not less than five years. It also noted that according to section 43(1) of the Law, a professional service contract may be terminated before the end of the term at any time by agreement of the parties.

The Committee notes the Government’s indication that each request for termination of service by a soldier will be evaluated individually by the Minister of Defence and an agreement on termination shall be reached after negotiations with the soldier concerned and taking into account the liabilities undertaken by the soldier. The Committee also notes the Government’s statement that there are no cases where agreement relating to the termination of service has not been reached. The Committee notes, however, that the Military Service Law does not contain provisions governing the procedure or the duration within which requests for termination of service shall be accepted and an agreement for termination shall be reached. In this regard, the Committee recalls that the effect of statutory provisions preventing termination of employment of indefinite duration (or very long duration) upon 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 (see General Survey on fundamental Conventions, 2012, paragraph 271). The Committee therefore requests the Government to indicate the provisions governing the procedure as well as the deadline for a response in this regard. It also requests the Government to continue to provide information on the application of section 43(1) of the Military Service Law in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted the Government’s statement that convicted persons perform work at their own will and only if the administration of the prison can provide them with work. It also noted that the Code of Execution of Sentences of Latvia specifies the types of employment of convicted persons consisting of employment with and without remuneration. Employment with remuneration consists of employment in the maintenance service of the prison or work in production units established by merchants located in or outside prison premises. Noting that the national legislation permits work to be carried out by prisoners for private companies, the Committee requested the Government to indicate the provisions ensuring the voluntary formal and informed consent of prisoners to work for private enterprises.

The Committee notes the Government’s reference to section 56-2 of the Code of Execution of Sentences of Latvia, as amended in 2013, which states that a convicted person shall be employed for remuneration pursuant to a written submission by the convicted person to the head of the deprivation of liberty institution following which, such person may be employed in the deprivation of liberty institution or outside. According to section 56-3 of this Code, a merchant who has concluded a cooperation agreement with the deprivation of liberty institution regarding organizing employment of convicted persons, shall enter into an agreement or employment contract, if the work is outside, with the convicted persons on the performance of work prior to commencing the work. Moreover, section 56-4 of the Code states that the provisions of the Labour Law shall apply to a convicted person employed on the basis of an employment contract insofar as this Code does not provide otherwise. Sections 56-7, 56-8 and 56-15 of the Code regulate the working time, leave and wages respectively of the convicted persons employed for remuneration. The Committee finally notes from the Government’s report that in 2012, 2013 and 2014 a total of 625, 620 and 559 convicted persons/prisoners were employed with a merchant, respectively. Observing that there appear to be no provisions in the Code of Execution of Sentences requiring the voluntary consent of the convicted persons for work outside the prison with a private entity for remuneration, the Committee requests the Government to clarify whether the written submission by convicted persons for employment of remuneration as required under section 56-2 involves the voluntary consent of convicted persons, such consent being informed of the conditions of work and free from the menace of any penalty, including the loss of rights or privileges.

Article 25. Penalties for the exaction of forced or compulsory labour. Trafficking in persons. The Committee notes the Government’s indication that from 2013 to 2014, no cases under section 152 of the Criminal Code (illegal deprivation of liberty) have been reported and according to the police and the Labour Inspectorate no cases of forced labour were detected during this period. With regard to the offences under section 154-1(3) of the Criminal Code (trafficking in persons in an organized group), the Government indicates that in 2013, one person was convicted with deprivation of liberty for seven years.

The Committee also notes from the Government’s report that the Criminal Code amendments of 2012 and 2014 introduced section 285-2 (acquiring the right to stay in Latvia, other Member State of the European Union, Member State of the European Economic Area or Swiss Confederation, through malicious provision) and section 154-1(4) (introducing the state of vulnerability to the meaning of human trafficking), respectively. The Government further states that the coming into force of section 285-2 has restricted the trafficking in persons and potential slavery through marriages of convenience which have been a tendency prevalent in the country. The Committee requests the Government to continue to provide information on the application in practice of the abovementioned sections of the Criminal Code relating to trafficking in persons, indicating the number of prosecutions and sanctions imposed as well as information on training provided to law enforcement bodies in this respect.

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

Articles 1(1), and 2(1), of the Convention. Freedom of career members of the armed forces to leave their service. The Committee notes that the Military Service Law regulates the right to leave the service of military officers and other career members of the armed forces. The Committee further notes the Government’s indication that pursuant to section 41 of this Law, soldiers of the National Armed Forces work under a professional service contract for a period until reaching the maximum age specified or for a period of time not less than five years (section 20(4)). Section 43(1) further specifies that a professional service contract may be terminated before the end of the term at any time by agreement of the parties. The Committee notes the Government’s explanation that the Military Service Law does not guarantee a soldier the right to terminate the contract at his or her own will. In addition, the Committee takes note of the entry into force of the Law on remuneration of officials and employees of state and self-government authorities on 1 January 2010, which provides for the types of leave, and the conditions to which soldiers and military employees are entitled, including prenatal and maternity, childcare, annual, medical treatment and recovery purposes, without pay and study leave.

Recalling that the Convention requires that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to provide information in its next report on the application of section 43(1) of the Military Service Law in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal.

Article 2(2)(a). Legislation concerning compulsory military service. The Committee duly notes that the Mandatory Military Service Law, 1997, has been repealed on 1 January 2007 and that the armed forces are fully contract based pursuant to the Military Service Law.

Article 2(2)(c). 1. Prison labour. The Committee previously noted the Government’s indication that prison labour is compulsory for convicted prisoners and that conditions for the performance of such labour are governed by the Code of Execution of Sentences.

However, the Committee notes that in its last report the Government states that convicted persons perform work at their own wish and only if the administration of the prison can provide them with work. The Committee notes that the employment of convicted persons is regulated by Cabinet Regulation No. 780 of 17 August 2010 on involvement of the convicted persons in work and the procedures for work remuneration in deprivation of liberty institutions. The Code of Execution of Sentences specifies the types of employment of convicted persons consisting of employment with and without remuneration. The latter concerns work for the improvement of the institution and the surrounding territory, as well as cultural and living conditions of convicted persons. Employment with remuneration consists of employment in the maintenance service of the prison or work in production units established by merchants located in or outside prison premises. The Committee notes that convicted persons working in maintenance service generally work as janitors, stokers, kitchen workers as well as other similar positions, and account for approximately 50 to 60 per cent of all employed convicted persons.

The Committee notes the Government’s indication that where a merchant has entered into a cooperation contract with the prison institution regarding the employment of convicted persons, the merchant employing convicted persons serving in closed or partially closed prisons shall enter into an agreement regarding performance of work. Merchants employing convicted persons in open prisons or those working on maintenance shall enter into an employment contract. The Committee further notes that Cabinet Regulation No. 292 of 21 April 2008 on procedures for the involvement of merchants in organization of employment of persons sentenced with deprivation of liberty, and procedures for entering into contracts for organization of employment of persons sentenced with deprivation of liberty institutions determines the procedures for the involvement of merchants in the organization of employment of convicted persons. The Committee further takes note of the conditions of work of convicted persons relating in particular to weekly working hours, leave, remuneration and deductions.

While noting these indications, the Committee draws the Government’s attention to the provisions of Article 2(2)(c) of the Convention, which expressly prohibits that convicted prisoners are hired to, or placed at, the disposal of private enterprises. However, work for private enterprises can be compatible with Article 2(2)(c) if prisoners voluntarily enter into a normal employment relationship with private employers and perform work in conditions approximating a free employment relationship. This arrangement necessarily requires the formal and informed consent of the person concerned, as well as further guarantees and safeguards covering the essential elements of a labour relationship, such as wages, social security and occupational safety and health. If these conditions are complied with, the work of prisoners will be removed from the scope of Article 2(2)(c) of the Convention, since no compulsion is involved.

Noting that legislation permits work to be carried out by prisoners for private companies, the Committee requests the Government to indicate in its next report, statistics relating to the number of prisoners that perform work for private enterprises. While noting that according to national legislation, prisoners’ conditions of work for private enterprises may be considered as approximating those of a free labour relationship, the Committee observes that, the formal and informed consent of prisoners to work for private enterprises does not appear to be asked for. The Committee therefore requests the Government to provide, in its next report, information on how national legislation and practice ensure that the work of prisoners for private enterprises is carried out, both inside and outside prison premises, only with their voluntary formal and informed consent, such consent being free from the menace of any penalty, including the loss of rights or privileges.

2. Sentence of community service. The Committee previously noted that community service as a penal sanction is performed, as an alternative to imprisonment, without remuneration, for a period not exceeding 180 hours (not more than four hours a day, outside the regular employment or studies).

In response to the clarifications requested by the Committee, the Government indicates that according to paragraph 2 of Cabinet Regulation No. 119 on procedures by which the state probation service shall organize the execution of criminal punishment – community service, private undertakings may not employ a person in community service. Community service may only be performed in the public sector or for non-governmental organizations. The Committee notes in this respect also sections 134–136 of the Sentence Execution Code concerning the procedures for execution of community service reflecting the latest amendments of 14 July 2011. The Committee notes that in 2009, 1,062 contracts of community service were concluded, of which 7 per cent concerned non-governmental organizations. The Committee takes note of the statistics provided by the Government in its report indicating that 2,575 persons were convicted and imposed community service in 2011 and 1,106 persons in 2012 until 1 June 2012. The Committee further notes the types of work which may be imposed in the context of community service and the conditions for early release from community service sentence.

Article 25. Penalties for the exaction of forced or compulsory labour. Trafficking in persons. The Committee notes the Government’s detailed explanations in its report concerning the application of section 152 (unlawful deprivation of persons) and section 154-1 of the Criminal Code (punishing trafficking in persons). The Committee also notes the information regarding the application of section 41 of the Code of Administrative Offences (violation of legal provisions governing employment relationships) according to which none of the 10,067 violations detected by the state labour inspectorate between 1 June 2009 and 1 June 2011 related to forced labour.

As regards measures taken or envisaged to prevent, suppress and punish trafficking in persons, the Committee takes note of the Programme for the Prevention of Human Trafficking 2009–13 approved by Cabinet Order No. 590 of 27 August 2009. The objective of the Programme is to promote the prevention and combating of human trafficking, including exploitation of the labour force, through public education, the provision of support services to victims, the promotion of cooperation between state and non-governmental institutions and the improvement of law enforcement.

The Committee requests the Government to continue to supply information on the application in practice of sections 152 and 154 of the Criminal Code, as well as section 41 of the Code of Administrative Offences, indicating any legal proceedings instituted, convictions rendered and penalties imposed relating to the illegal exaction of forced or compulsory labour, including trafficking in persons. In addition, the Committee requests the Government to continue to provide information on the measures taken to prevent, suppress and punish trafficking in persons for the purpose of labour or sexual exploitation.

Communication of texts. The Committee requests the Government to communicate, with its next report, a copy of the full updated text of the Code of Execution of Sentences, the Code of Administrative Offences, the Military Service Law, the Law on Detaining and any provisions governing conditions of work of convicted prisoners, as well as a copy of the State Probation Service Law, as amended, and invites the Government to submit the texts in question in their original language.

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

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide, in its next report, additional information on the following points.

Communication of texts. The Committee requests the Government to communicate, with its next report, a copy of the full updated text of the Code of Execution of Sentences, the Law on Detaining and any provisions governing conditions of work of convicted prisoners, as well as a copy of the State Probation Service Law, as amended. Please also supply a copy of a full updated text of the Code of Administrative Offences.

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 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, paragraph 2, subparagraph (a). Legislation concerning compulsory military service. The Committee has noted that, under section 2(1) of the Mandatory Military Service Law, 1997, as amended up to 2006, military service is compulsory for all male citizens. However, the Committee notes from the information available at the NATO web site that conscription was abolished in January 2007 and the armed forces became fully contract based. The Committee would appreciate it if the Government would clarify whether the Mandatory Military Service Law was amended or repealed and, if so, requests the Government to supply a copy of the repealing (amending) text.

Article 2, paragraph 2, subparagraph (c). 1. Prison labour. The Committee notes the Government’s indication in the report that prison labour is compulsory for convicted prisoners and that conditions of performing of such labour are governed by the Code of Execution of Sentences. The Committee requests the Government to describe in detail the conditions of work of convicted prisoners, supplying copies of the relevant provisions and indicating, in particular, whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, or whether convicts may also work for private companies, both inside or outside prison premises and, if so, on what conditions.

2. Sentence of community service. The Committee has noted from the Government’s report on the application of Convention No. 105 that the law of 28 April 2005 introduced amendments to section 40 of the Criminal Code and to sections 135–137 of the Code of Execution of Sentences concerning a sentence of community service. It noted that, according to the above provisions, community service as a penal sanction is performed, as an alternative to imprisonment, without remuneration, for a period not exceeding 180 hours (not more than four hours a day, outside the regular employment or studies). The community service is performed in the area where a convicted person resides, as specified by the community service implementation authorities, and may be replaced by confinement in prison, if the convicted person fails to fulfil his or her labour obligations. The Committee notes from the Government’s report that section 137 of the Code of Execution of Sentences provides for the obligations of the employer who employs a person sentenced to the community service and who, for that reason, may conclude a contract for the employment of such a person with the institution responsible for the enforcement of the community service. The work to be performed as community service must be for the benefit of the public, and the employer shall observe the safety provisions and provide conditions of work in accordance with the requirements of labour protection. The employer must supply all the necessary instruments and tools and must supervise the performance of the assigned work. The employer shall also report to the institution responsible for the enforcement of the community service about the performance of the work and shall transfer to that institution the money for the work performed.

The Committee recalls that, under the Convention, convicted persons must not be hired to, or placed at the disposal of, private individuals or companies. It also refers to the explanations contained in paragraphs 123–128 of its General Survey of 2007 on the eradication of forced labour, where it has considered that voluntary consent by the convicted person to working for a private employer is a necessary condition for such employment not to fall under the express prohibition of Article 2(2)(c) of the Convention.

The Committee therefore requests the Government to provide further information on the modalities for serving this penalty, indicating, in particular, the types of work which may be imposed in the context of community service and the enterprises which are entitled to use the labour of persons sentenced to such penalty. Please indicate whether the labour of such persons may be used and supervised only by public institutions or also by private companies, and whether, in the latter case, a voluntary consent of convicted persons to work for private companies is required.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee notes the Government’s explanations in the report concerning the application of section 154-1 of the Criminal Code punishing trafficking in persons, which provides for penalties of deprivation of liberty ranging from three to eight years, or five to 12 years if the victim is a minor. The Committee requests the Government to provide information on the penalties imposed under section 154-1, supplying sample copies of the relevant court decisions. Please also provide information on measures taken or envisaged to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying copies of the relevant documents (such as, for example, a national anti-trafficking action plan) and available statistics.

Please indicate whether there are any other penal provisions under which proceedings concerning the illegal exaction of forced or compulsory labour might have been instituted and supply information on the penalties imposed. Please indicate, in particular, whether any legal proceedings have been instituted under section 152 (Unlawful deprivation of liberty) of the Criminal Code, in relation to the crimes committed for the purpose of sexual or labour exploitation. Please also provide information on the application in practice of section 41 of the Code of Administrative Offences (Violation of legal provisions governing employment relationship), referred to by the Government in its report, indicating, in particular, whether this section is applicable to cases of the illegal exaction of forced or compulsory labour.