Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 29) sur le travail forcé, 1930 - Lettonie (Ratification: 2006)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Lettonie (Ratification: 2017)

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 The Committee duly notes that the Mandatory Military Service Law, 1997, has been repealed on 1 January 2007 and that the armed forces are fully contract based pursuant to the Military Service Law.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.