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

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

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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.