Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Lituanie (Ratification: 1994)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Lituanie (Ratification: 2020)

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.