Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Monténégro (Ratification: 2006)

Communication of texts. The Committee notes a draft Law amending the Law on the Execution of Criminal Sanctions, communicated by the Government with its report. The Committee requests the Government to supply a full updated and consolidated text of the Law on the Execution of Criminal Sanctions with its next report. It also requests the Government once again to provide copies of laws governing the press and other media and laws governing political parties and associations.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous direct request, the Committee noted that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Criminal Code:

• -section 370 (causing and spreading national, racial and religious hatred and intolerance); and
• -section 398 (instigating panic or serious disruption of public order, including acts committed through media or at public gatherings).

The Committee observed that the above provisions provide for penal sanctions involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their application in practice. It recalled that sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of views that are critical of government policy and the established political system. Noting that the Government’s report contains no information on this issue, the Committee requests the Government once again to provide information on the application of the above provisions in practice, supplying copies of the court decisions which could define or illustrate their scope, in order to enable the Committee to assess their conformity with the Convention.

Article 1(d). Sanctions for participating in strikes. The Committee previously noted, referring also to its comments addressed to the Government under Convention No. 87, that, in accordance with section 228 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment of up to three years (which involves compulsory prison labour) if the strike endangers, among others, “property of high value” or causes other grave consequences. The Committee recalled, referring also to the explanations in paragraph 189 of its 2007 General Survey on the eradication of forced labour that, regardless of the legality of the strike action in question, no sanctions of imprisonment should be imposed against a worker for peaceful participation in strikes. Noting the Government’s indication in the report that no criminal proceedings have been instituted against the organizers of unlawful strikes, the Committee reiterates its hope that measures will be taken to ensure, both in legislation and in practice, that no sanctions involving compulsory labour could be imposed for the mere fact of organizing or peacefully participating in a strike. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of section 228 in practice, supplying copies of court decisions and indicating the penalties imposed.