Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee takes due note of the Government’s first report under the Protocol of 2014 to the Forced Labour Convention, 1930, as well as the information provided in reply to its comments concerning the Convention.

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. National plan and systematic and coordinated action. The Committee notes the Government’s indication, in its report, that the sixth National Strategy on Combating Trafficking in Persons for the period 2020–23 was extended until 30 September 2025 through Government Resolution No. 239 of 10 April 2024, as several measures could not implemented due to delays caused by the COVID-19 pandemic and by the impact of the war in Ukraine, included the related influx of Ukrainian citizens into the national territory. The Government further indicates that the Inter-ministerial Coordination Group for Combating Trafficking in Persons (IMCG) has continued to monitor the implementation of the Strategy. As of June 2024, out of the 13 tasks set under the Strategy, three had been completed, six were ongoing, three were partially completed and one had not been completed. In this regard, the Committee welcomes: the inclusion of the State Labour Inspection Office (SUIP) in the IMCG since 2022; and the establishment of the Inter-ministerial Body for Combating Illegal Employment of Foreigners, bringing together representatives of the Government, the police and employers’ and workers organizations to coordinate efforts to address illegal employment of foreigners, including trafficking in persons. The Committee requests the Government to provide information on: (i) the implementation and monitoring of the National Strategy on Combating Trafficking in Persons, including challenges identified and results achieved; and (ii) the activities and recommendations of the IMCG and the Inter-ministerial Body for Combating Illegal Employment of Foreigners concerning trafficking in persons and forced labour, as well as any follow-up action taken in this regard.

Article 1(1) of the Protocol and Article 25 of the Convention. Prosecution and application of effective penalties. The Committee notes, from the statistical data communicated by the Government, that 14 cases of trafficking in persons were registered in 2021, 18 cases in 2022 and 20 cases in 2023. It observes that, the number of persons prosecuted for trafficking in persons increased (22 in 2021 and 2022 respectively, and 25 in 2023) and the number of convictions under section 168 of the Criminal Code decreased from 21 in 2021, to 16 in 2022 and 13 in 2023. The Committee notes the absence of information on the nature of the penalties imposed. In this regard, the Committee notes that, in its 2024 report on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Czechia, the Group of Experts on Action Against Trafficking in Human Beings (GRETA) indicated that: (1) most convictions continue to concern trafficking for sexual exploitation, although labour exploitation remains prevalent among identified victims; and (2) cases of labour exploitation are frequently prosecuted instead as violations of labour law or tax fraud, due to difficulties in proving elements such as violence, threats, harm, or abuse of vulnerability (GRETA(2024)11). The Committee requests the Government to provide information on the measures taken to ensure that all cases of trafficking in persons for labour exploitation are proactively identified and investigated, including by raising awareness of law enforcement authorities, so that perpetrators are brought to justice and appropriate penalties are imposed under section 168 of the Criminal Code. It also requests the Government to continue to provide information, disaggregated by form of exploitation, on the number of cases investigated and prosecuted, as well as the convictions handed down and the penalties imposed, under section 168 of the Criminal Code.

Article 2 of the Protocol. Prevention measures. (a). Educating and informing people. The Committee notes the Government’s indication that regular awareness-raising and training activities on trafficking in persons are carried out, in cooperation with labour inspectors and the police, targeting in particular students and migrants. It notes that specific efforts have been undertaken to inform refugees from Ukraine (530,000 persons as of June 2023), including through the dissemination of preventive materials and information on trafficking in persons and labour rights in Ukrainian, as well as the creation of a dedicate website with relevant contacts, information on rights, and a free telephone helpline. The Committee also notes that, in the framework of the National Strategy 2020–2023, a leaflet (“card”) on the fundamental rights and obligations of employers and employees in Czechia was prepared in 2023 and is regularly distributed to target groups, including through Centres for the Integration of Foreigners.

The Committee welcomes the Government’s efforts to inform migrants and other vulnerable groups of potential abuses and of their rights. The Committee requests the Government to continue its efforts to educate and inform all sections of the population on trafficking in persons and other forms of forced labour, and to provide information on the nature of the activities undertaken in this regard.

Article 2(b) and (e). Educating and informing employers.Supporting due diligence. The Committee notes that employers may consult the SUIP and access publicly available information intended to raise awareness of employment regulations and the risks of forced labour and trafficking in persons. The Committee requests the Government to provide specific information on the measures taken to raise awareness among employers and to inform them of the need to prevent and address risks of forced or compulsory labour – including trafficking in persons and labour exploitation – in their operations, as well as on efforts undertaken to promote due diligence within both the public and private sectors.

Article 2(c)(ii). Strengthening of labour inspection services and other services responsible for the implementation. The Committee notes the Government’s statement that forced labour is often associated with the occurrence of illegal work and is thus a subject of interest for the SUIP which directly communicate its findings regarding possible cases of forced labour or trafficking in persons to relevant Regional Police Directorates. The Government adds that training to enhance a better understanding of trafficking in persons and identification of potential victims is provided on an ongoing basis to judges, prosecutors and other judicial staff as well as relevant professional groups.

The Committee also notes that, in its 2024 report, GRETA remained concerned that the capacities and human resources of the labour inspectorate are not sufficient to effectively discourage situations of labour exploitation. In this regard, the Committee also refers to its 2023 direct request on the Labour Inspection Convention, 1947 (No. 81) regarding the sharp decrease in the number of labour inspectors (by 29 per cent between 2012 and 2022). In light of the fundamental role of labour inspection services in this area, the Committee requests the Government to provide information on: (i) specific measures taken to strengthen the capacity of the SUIP in order to detect situations of forced labour, including trafficking in persons for labour exploitation, in particularly in sectors and activities considered at risk; and (ii) the number of suspected cases of forced labour, including trafficking in persons, identified by the SUIP and brought to the attention of the Regional Police Directorates.

Article 2(d). Protecting persons, particularly migrant workers, from possible abusive and fraudulent practices during the recruitment and placement process. The Committee notes the Government’s statement that migrant workers remain the group most at risk of forced labour or other forms of labour exploitation and that several amendments to Act No. 435/2004 Coll. on Employment have therefore been adopted to address exploitation, irregular work and disguised intermediation. It notes that penalties for agencies facilitating illegal or disguised recruitment were increased under Act No. 408/2023 Coll. amending the Employment Act. The Committee also notes, from the Government’s report, that the SUIP identified 263 illegal “pseudo-agencies” in 2024 (compared to 309 in 2023), and that 253 fines were imposed for disguised intermediation. The Committee welcomes these legislative developments. It observes, however, that, under Act No. 326/1999 Coll. on the Residence of Foreigners, migrant workers remain prohibited from changing employers during the first six months of their employee card, which may increase their vulnerability to abusive practices.). The Committee requests the Government to provide information on the monitoring of employment and placement agencies to ensure effective implementation of the Employment Act, as amended, including the number and nature of violations detected and sanctions imposed. It also requests the Government to provide information on specific measures adopted to protect migrant workers from situations that may amount to forced labour, particularly during the first six months of their employee card, when they are not permitted to change employers.

Article 3 of the Protocol. (i) Identification of victims. The Committee notes, from the Government’s report, that assistance under the Programme for Support and Protection of Victims of Trafficking in Persons was provided to 11 victims in 2021, 33 victims in 2022 and 18 victims in 2023. Trafficking for the purpose of labour exploitation remains the predominant form of exploitation (11 victims in 2020, 8 in 2021, 32 in 2022 and 11 in 2023), affecting mostly men. The Committee welcomes that, further to the National Strategy for 2020–23, several measures have been implemented to improve the identification of victims of trafficking, including: (1) the development, in 2022, of a Human Trafficking Indicator Card containing a unified list of indicators, which is disseminated on an ongoing basis to relevant actors; and (2) targeted training activities provided in cooperation with the police, state institutions, NGOs and the IOM to enhance identification capacities among professionals likely to come into contact with victims. The Committee requests the Government to continue providing information on the measures taken to ensure the proactive identification of victims of trafficking in persons, including any challenges faced in this regard.It also requests the Government to indicate the steps taken or envisaged to improve the collection of data as provided for under the National Strategy and to provide such statistical information.

(ii) Protection and assistance of victims. The Committee notes that assistance to victims of trafficking continued to be provided under the Programme for Support and Protection of Victims of Trafficking in Persons, implemented by the NGO La Strada Czech Republic, which cooperates with other specialized NGOs for certain services. It notes that once a victim is identified, the police, NGOs, IOM or the Refugee Facilities Administration may propose their inclusion in the Programme to the Crime and Prevention Department of the Ministry of the Interior. The Committee further notes that, pursuant to the Methodological Guidelines on the Functioning of the Programme of 15 February 2010, as amended on 21 December 2022, after the expiration of a 60-day reflection period (extendable by 30 days), continued access to the Programme is conditional upon the victim’s agreement to cooperate with criminal justice authorities. Foreign victims who decide not to cooperate are offered voluntary return to their country of origin or become subject to administrative expulsion. The Committee notes the Government’s indication that all victims of trafficking are considered as “particularly vulnerable victim” and entitled to reinforced protection measures in particular during criminal proceedings, under Act. No. 45/2013 Coll. on Victims of Crime. The Committee requests the Government to provide information on the measures taken to ensure that adequate protection and assistance are provided to all victims of trafficking, regardless of their willingness to cooperate with criminal justice authorities. It also requests the Government to continue to provide information on the number of victims of trafficking who received assistance, including within the Programme to Support and Protect Victims of Trafficking in Persons, as well as details on the types of services provided, such as resident permits, reflection period, accommodation, and health services.

Article 4(1) of the Protocol. Access to remedies, including compensation. The Committee notes that victims of trafficking can seek compensation from their offenders for the pecuniary or non-pecuniary damages suffered, by making a claim for compensation as part of the criminal proceedings, under section 43 of the Code of Criminal Procedure, or by means of civil proceedings, under section 2894 and following of the Civil Code. It notes the Government’s statement that pursuant to Act No. 59/2017 Coll. on the Use of Funds from Proprietary Criminal Sanctions Imposed in Criminal Proceedings, courts can order the seizure of assets of the perpetrator of trafficking in persons which are sent to a special account managed by the Ministry of Justice and can be used to compensate the victim. In this regard, the Committee notes that, in its 2024 report, GRETA highlighted that most victims of trafficking do not have effective access to compensation: (1) either because offences of labour exploitation are prosecuted as violations of labour rights or tax offences instead of trafficking in persons; or (2) because when compensation is claimed in criminal proceedings, victims are referred to civil courts stating that there was not enough evidence to calculate the amount of compensation and the victims do not usually follow this path because the burden of proof is on the victim and the proceedings take several years. The Committee requests the Government to provide information on the measures taken to facilitate information on and access to appropriate and effective remedies, particularly compensation, to all victims of trafficking in persons and other offences amounting to forced labour. It also requests the Government to provide information on the number of compensation claims made by, and granted to, victims of trafficking in persons in criminal proceedings and in civil proceedings, as well as the confiscated assets used to compensate victims of trafficking.

Article 4(2) of the Protocol. Non-prosecution of victims. The Committee notes the Government’s indication that, where victims of trafficking in persons are involved in criminal activities, the general rules on the exclusion or limitation of criminal liability, including “extreme necessity” or “necessary defence” under sections 28 and 29 of the Criminal Code, may be applied. The Committee further notes, from GRETA’s 2024 report, that: (1) instances have been documented in which the non-punishment principle was not applied, in particular concerning victims forced to work in cannabis farms and who were subsequently prosecuted due to the failure to identify them as victims; and (2) cases of trafficking are often reclassified as tax offences relating to irregular work, resulting in both employers and exploited workers being fined. The Committee recalls that Article 4(2) of the Protocol requires ratifying Member States to ensure that competent authorities are entitled not to prosecute or impose penalties on victims of trafficking or forced labour for any involvement in unlawful activities which they have been compelled to commit as a direct consequence of being subjected to forced or compulsory labour. Therefore, the Committee requests the Government to indicate the measures taken to ensure both in law and practice that victims of trafficking or forced labour who have been compelled to commit unlawful acts are not subjected to prosecution or penalties (whether through statutory provisions or explicit instructions or guidelines to prosecutor). It requests the Government to provide information on any measures taken to this end.

Article 6 of the Protocol. Consultation with social partners. The Committee notes the Government’s indication that employers’ and workers’ organizations are represented within the Inter-ministerial Body for Combating Illegal Employment of Foreigners established in 2021, as well as in the tripartite Council for Economic and Social Agreement which is consulted during the elaboration of legislation or regulatory measures that may have an impact on the incidence of forced labour. The Committee observes that employers’ and workers’ organizations are not represented within the Inter-ministerial Coordination Group for Combating Trafficking in Persons which is involved in the preparation and monitoring of the national anti-trafficking strategies and serves as a platform for formulating recommendations on trafficking in persons. The Committee requests the Government to provide information on the manner in which employers’ and workers’ organizations are consulted and involved in the development and implementation of the National Strategy on Combating Trafficking in Persons.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee welcomes the ratification by Czechia of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government has not been received, the Committee hopes that the Government will 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. 1. Programme of action. The Committee notes that according to the evaluation of the National Strategy for Combating Trafficking in Persons (the Strategy) for the period 2016–2019, most of its objectives have been fully reached. The Committee observes that the elaboration of the new Strategy for the period 2020–2023 was based on the findings of the evaluation of the previous strategy, the annual reports on the state of trafficking in persons as well as the recommendations from international bodies. The Committee notes that the three main goals of the new Strategy are the strengthening of the identification of victims of trafficking, the prevention and assistance provided to victims of trafficking, and the cooperation in combating trafficking in persons at national and international levels. The Government indicates that the Minister of the Interior shall submit the evaluation of the Strategy for the period 2020–2023, together with the draft Strategy for the next period, by 31 March 2023. The Committee welcomes the approach adopted for the elaboration of the new strategy for the period 2020–2023 and requests the Government to continue to provide information on the measures taken for its implementation as well as on the outcome of its evaluation, indicating the results achieved, the difficulties encountered, and the measures taken to overcome them.

2. Penalties and law enforcement. The Committee notes from the information provided by the Government that under section 168 of the Penal Code criminalizing trafficking in persons, the number of detected crimes was 16 in 2017, 13 in 2018, 20 in 2019, and 18 in 2020. The Committee further notes that in 2017, 24 people were prosecuted and nine were convicted; in 2018, 15 people were prosecuted and 16 were convicted; in 2019, 26 were prosecuted and 12 were convicted; and in 2020, 20 were prosecuted and eight were convicted. The Committee notes that the Strategy for the period 2020–2023 identified among the tasks to be undertaken the creation of a unified list of indicators of trafficking in persons, education of stakeholders in the identification of victims, and training of police officers in this regard.

The Committee observes that, in its 2020 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 Czechia drew the Government’s attention to the need to increase the number of cases prosecuted in the field of trafficking in persons for the purpose of labour exploitation (paragraphs 234 and 255). The Committee further observes that the United Nations Human Rights Committee, in its 2019 concluding observations, expressed concern about the prosecution of trafficking crimes as pimping, and the ensuing significantly lower sentences (CCPR/C/CZE/CO/4, paragraph 30).

The Committee requests the Government to pursue its efforts and strengthen the training and the capacities of law enforcement bodies to ensure that cases of trafficking in persons, for the purpose of both labour and sexual exploitation, are identified and subject to thorough investigations, so as to facilitate the prosecution and imposition of effective and dissuasive penalties on perpetrators. The Committee requests the Government to continue to provide information in this regard as well as on the application of section 168 of the Penal Code in practice, including the number of investigations, prosecutions, convictions as well as the specific penalties applied.

3. Identification and protection of victims. The Committee notes the Government’s indication that the number of potential victims of trafficking who received support under the Programme for Support and Protection of Victims of Trafficking was 24 in 2017, 17 in 2018, 15 in 2019, and 13 in 2020. The Government indicates that the purpose of this Programme is to provide support to victims, ensure protection of their human rights and, at the same time, motivate such victims to assist law enforcement bodies in the detection, prosecution, and conviction of offenders of trafficking in persons. The Committee observes from the website of the Department of Crime Prevention of the Ministry of the Interior, that upon the expiration of 60 days after entry to the Programme, victims of trafficking continue to benefit from the Programme only in case of their agreement to co-operate with law enforcement bodies in a criminal investigation into a trafficking in persons crime. In this respect, the Committee observes that, in its 2020 report, the GRETA concluded that the identification system of victims of trafficking risks leaving out those who are unable or unwilling to co-operate with the authorities in a criminal investigation (paragraph 162). The Committee requests the Government to provide detailed information on the measures taken to ensure that appropriate protection and assistance is guaranteed to all victims of trafficking for both sexual and labour exploitation, irrespective of their acceptance to cooperate with law enforcement bodies. The Committee further requests the Government to continue to provide information on the number of victims of trafficking identified and the number of those who received the services available within the framework of the Programme to Support and Protect Victims of Trafficking in Persons as well as the types of services provided (such as resident permits, recovery period, accommodation, andhealth services).

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Programme of action. The Committee previously noted the detailed information provided by the Government on the measures taken to prevent and combat trafficking in persons in the framework of the National Strategy to Combat Trafficking in Human Beings (2008–11) and (2012–15).

The Committee notes the Government’s information in its report that the National Strategy for Combating Human Trafficking for the period 2016–19 was adopted on 27 April 2016. The Minister of the Interior is bound to submit by 31 March 2020 the evaluation of the current National Strategy and a draft for the next period. The Committee also notes the evaluation report of the National Strategy 2012–15 submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee therefore requests the Government to continue providing information on the implementation of the National Strategy for Combating Human Trafficking 2016–19, including a copy of its evaluation report. It also requests the Government to provide information on the adoption of a new National Strategy for the next period.

2. Penalties and law enforcement. The Committee previously noted the detailed information provided by the Government on the application in practice of section 168 of the Penal Code, including the number of cases of trafficking detected, individuals accused, and perpetrators convicted under section 168. The Committee also noted the copies of court decisions supplied by the Government, which illustrated the penalties imposed and sentences handed down pursuant to the abovementioned provision of the Penal Code. Finally, the Committee noted the Government’s indication that section 168 has been amended by Act No. 141/2014 with a view to broadening its scope so as to include the act of “recruiting a child or other person for the purpose of forced labour” among the acts punishable under the crime of trafficking in persons.

The Committee notes the Government’s information that, in 2014, 25 people were accused and six were convicted; in 2015, 18 people were accused and 19 were convicted; and in 2016, 19 people were accused and eight were convicted. The Government indicates that, due to the organizational changes within the Police, the National Service against Organized Crime of the Criminal Police and Investigation Service was established on 1 August 2016, which, among others, took over the responsibilities for human trafficking. The Police President drafted a new instrument on human trafficking, which has been submitted for approval. The Committee also notes that the Government has ratified the Protocol to Prevent, Supress and Punish Trafficking in Persons, Especially Women and Children to the United Nations Convention against Transnational Organized Crime (Palermo Protocol) in 2015 and the Council of Europe Convention on Action against Trafficking in Human Beings in 2017. The Committee therefore requests the Government to continue providing information on the application in practice of section 168 of the Penal Code criminalizing trafficking in persons, including the number of convictions and specific penalties applied.

3. Identification and protection of victims. The Committee previously noted the comprehensive information on the measures adopted and results achieved in the context of the Programme to Support and Protect Victims of Trafficking in Human Beings. It noted, in particular, the statistical information on the number of victims of trafficking for both sexual and labour exploitation who were assisted by the Programme since 2010.

The Committee notes the Government’s information that, according to the statistics from the police, 67 victims of human trafficking were identified in 2014, 50 were identified in 2015 and 38 were identified in 2016. The Government also indicates that, within the framework of the Programme to Support and Protect Victims of Trafficking in Human Beings, victims are provided with accommodation, psychosocial services, health services, interpretation services, legal assistance and job-searching assistance. In 2014, there were 43 victims of human trafficking admitted to the programme, all related to labour exploitation. In 2015, there were four victims admitted, of which one was subjected to labour exploitation and three to sexual exploitation. In 2016, 14 victims (six females and eight males) were admitted, of which nine were subjected to labour exploitation and five to sexual exploitation. The Committee requests the Government to continue providing information on the number of victims of trafficking identified, as well as the number of those who received the services provided within the framework of the Programme to Support and Protect Victims of Trafficking in Human Beings.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

With regard to its previous comments concerning sentences of community work, the Committee notes the information provided by the Government on the entities authorized to receive convicts to undertake community work, as well as on the requirement for the consent of convicts to perform such work.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the detailed information provided by the Government on the application in practice of section 168 of the Penal Code, as well as on the measures taken to prevent and combat trafficking in persons in the framework of the National Strategy to Combat Trafficking in Human Beings (2008–11) and (2012–15). The Committee notes, in particular, the statistical information on the number of cases of trafficking detected, individuals accused, and perpetrators convicted under section 168. The Committee also notes the copies of court decisions supplied by the Government, which illustrate the penalties imposed and sentences handed down pursuant to the abovementioned provision of the Penal Code. The Committee notes further the comprehensive information on the measures adopted and results achieved in the context of the Programme to Support and Protect Victims of Trafficking in Human Beings. It notes, in particular, the statistical information on the number of victims of trafficking for both sexual and labour exploitation who were assisted by the Programme since 2010. Finally, the Committee notes the Government’s indication that section 168 has been amended by Act No. 141/2014 with a view to broadening its scope so as to include the act of “recruiting a child or other person for the purpose of forced labour” among the acts punishable under the crime of trafficking in persons. Taking due note of the measures taken and results achieved, the Committee encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, and to continue to provide information on the steps taken to this end, including with regard to the application of section 168 of the Penal Code in practice. The Committee also strongly encourages the Government to pursue its efforts to provide protection and assistance to all victims of trafficking, irrespective of their participation or cooperation in legal proceedings, and to continue to provide information in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the information provided by the Government on the application in practice of the National Strategy to Combat Trafficking in Human Beings (2008–11), as well as the Framework Strategy to prevent Trafficking in Human Beings and Basic Operational Principles of the Programme to Support and Protect Victims of Trafficking in Human Beings, annexed to the Government’s report. It also notes with interest the adoption of the new Criminal Code (Act No. 40/2009 Coll.) which contains provisions punishing human trafficking with heavy sentences of imprisonment (section 168). The Committee would appreciate it if the Government would provide, in its next report, information on the application of section 168 in practice, supplying sample copies of the court decisions and indicating the penalties imposed on perpetrators.

Article 2(2)(c). Sentence of community work. Further to its earlier comments, the Committee notes the provisions of the new Criminal Code concerning a sentence of community service (sections 62–65), which may be imposed by a court, as an alternative to imprisonment, for a term of up to 300 hours, such service being performed by a convicted person free of charge for socially beneficial purposes, in the form of maintenance of public areas, cleaning and maintenance of public buildings and roads, etc. The Committee notes that community service can be performed for the state or other non-profit institutions engaged in education and science, culture, health protection, support and protection of youth, as well as in humanitarian, social, charitable, religious and sport activities.

The Committee draws the Government’s attention once again to a provision of Article 2(2)(c) of the Convention, which expressly prohibits that convicted persons are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory work of convicted persons does not extend to their work for private parties, even if they are not for profit and even if they are under public supervision and control. The Committee also refers to the explanations contained in paragraphs 123–128 of its 2007 General Survey on the eradication of forced labour, where the Committee has considered that, in order to ensure compliance with the Convention in a situation where community work may be performed for private institutions, such as e.g. charitable bodies, convicted persons must give their formal consent to perform community work.

The Committee notes from the Government’s explanations in the report and from the wording of section 64 of the new Criminal Code, that, though the court will take into account the standpoint of the offender as regards the imposition of the penalty of community work, there is no requirement in the legislation that such penalty should be imposed with the consent of the offender. The Committee therefore hopes that measures will be taken with a view to adopting a provision requiring the offender’s prior consent to perform work for any other entity than a public institution (e.g. similarly to the provision of section 30(4) of Act No. 169/1999 Coll., as amended by Act No. 346/2007 Coll., concerning the work of persons serving sentences of imprisonment, referred to in the Government’s report). Pending the adoption of such measures, and noting also the Government’s indications that community service can only be performed in favour of municipal authorities or in favour of the so-called publicly beneficial companies, and that the lists of appropriate entities are maintained by the local authorities of the Probation and Mediation Service in the area of the district courts, the Committee also requests the Government to provide sample copies of such lists of authorized entities, giving also examples of the types of work to be performed as community service.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons. Referring to its comments addressed to the Government under Convention No. 182, likewise ratified by the Czech Republic, the Committee has noted the adoption of a new section 232a of the Penal Code concerning trafficking in persons (introduced by Act No. 537/2004), as well as the information provided by the Government on the application in practice of the penal provisions concerning trafficking and related crimes. It has also noted the information on measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including victim protection measures, taken under the National Strategy to Combat Trafficking of 2003, as well as the adoption of the National Strategy for the years 2005–07 (approved by Government resolution No. 957 of 2005). The Committee would appreciate it if the Government would provide, in its next report, information on the application in practice of the National Strategy adopted in 2005 and on further legislative developments in this field (e.g. in connection with the perspective of the adoption of the new Penal Code), indicating, in particular, measures taken to ensure that penal provisions punishing perpetrators are strictly enforced.

Article 2, paragraph 2, subparagraph (c). Sentence of community work. The Committee previously noted that sections 45 and 45a of the Penal Code, as amended, provide for a sentence of community work (publicly beneficial work), which may be imposed by a court, as an alternative to imprisonment, for a term of up to 400 hours, such work being performed by a convicted person free of charge and must not serve profitable purposes. The Committee also noted that Act No. 265/2001 amending the Penal Code expanded the range of work to be performed by convicted persons, which currently can be performed for the state or other communal institutions dealing with education and science, culture, school system, health protection, support and protection of youth, as well as with humanitarian, social, charity, religious and sport activities.

The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that convicted persons are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory work of convicted persons does not extend to their work for private parties, even if they are not for profit and even if they are under public supervision and control. The Committee also refers to the explanations contained in paragraphs 123–128 of its General Survey of 2007 on the eradication of forced labour, where the Committee has considered that, in order to ensure compliance with the Convention in a situation where community work may be performed for private institutions, such as e.g. charitable bodies, convicted persons must give their formal consent to perform community work.

The Committee notes from the Government’s explanations in the report and from the wording of section 45a of the Penal Code, that, though the court will take into account the standpoint of the offender as regards the imposition of the penalty of community work, there is no requirement in the legislation that such penalty should be imposed with the consent of the offender. Noting also the Government’s indications concerning selection of the organizations where the penalty of community work is to be performed, as well as respective provisions of the Rules of Criminal Procedure (No. 141/1961) and the Internal and Office Procedure for District, Regional and Supreme Courts (Instruction of the Ministry of Justice No. 505/2001), the Committee requests the Government to indicate clearly, in its next report, whether community work can be performed for any private institution acting in the community interest and to provide a list of authorized associations and institutions, giving also examples of the types of work to be performed as community work. Please also indicate measures taken or envisaged to ensure the conformity with the Convention on this point.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee has noted the information provided by the Government in its report. It has noted, in particular, the adoption of the new Military Service Act (No. 585/2004) which abolished compulsory military service and introduced a principle of voluntary enlistment into the armed forces.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Referring to its comments addressed to the Government under Convention No. 182, likewise ratified by the Czech Republic, the Committee has noted the adoption of a new section 232a of the Penal Code concerning trafficking in persons (introduced by Act No. 537/2004), as well as the information provided by the Government on the application in practice of the penal provisions concerning trafficking and related crimes. It has also noted the information on measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including victim protection measures, taken under the National Strategy to Combat Trafficking of 2003, as well as the adoption of the National Strategy for the years 2005–07 (approved by Government resolution No. 957 of 2005). The Committee would appreciate it if the Government would provide, in its next report, information on the application in practice of the National Strategy adopted in 2005 and on further legislative developments in this field (e.g. in connection with the perspective of the adoption of the new Penal Code), indicating, in particular, measures taken to ensure that penal provisions punishing perpetrators are strictly enforced.

Article 2(2)(c). Sentence of community work. The Committee previously noted that sections 45 and 45a of the Penal Code, as amended, provide for a sentence of community work (publicly beneficial work), which may be imposed by a court, as an alternative to imprisonment, for a term of up to 400 hours, such work being performed by a convicted person free of charge and must not serve profitable purposes. The Committee also noted that Act No. 265/2001 amending the Penal Code expanded the range of work to be performed by convicted persons, which currently can be performed for the state or other communal institutions dealing with education and science, culture, school system, health protection, support and protection of youth, as well as with humanitarian, social, charity, religious and sport activities.

The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that convicted persons are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory work of convicted persons does not extend to their work for private parties, even if they are not for profit and even if they are under public supervision and control. The Committee also refers to the explanations contained in paragraphs 123–128 of its General Survey of 2007 on the eradication of forced labour, where the Committee has considered that, in order to ensure compliance with the Convention in a situation where community work may be performed for private institutions, such as e.g. charitable bodies, convicted persons must give their formal consent to perform community work.

The Committee notes from the Government’s explanations in the report and from the wording of section 45a of the Penal Code, that, though the court will take into account the standpoint of the offender as regards the imposition of the penalty of community work, there is no requirement in the legislation that such penalty should be imposed with the consent of the offender. Noting also the Government’s indications concerning selection of the organizations where the penalty of community work is to be performed, as well as respective provisions of the Rules of Criminal Procedure (No. 141/1961) and the Internal and Office Procedure for District, Regional and Supreme Courts (Instruction of the Ministry of Justice No. 505/2001), the Committee requests the Government to indicate clearly, in its next report, whether community work can be performed for any private institution acting in the community interest and to provide a list of authorized associations and institutions, giving also examples of the types of work to be performed as community work. Please also indicate measures taken or envisaged to ensure the conformity with the Convention on this point.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has noted the Government’s reply to its previous direct request, as well as a communication received from the Czech-Moravian Confederation of Free Trade Unions (CMKOS) in October 2004, which contains comments concerning the application of the Convention by the Czech Republic. It has noted that a new draft legislation on the armed forces aiming at the abolishing of compulsory military service is under consideration by Parliament. The Committee would appreciate it if the Government would keep the ILO informed of the developments in this field. 

1. Trafficking in persons for the purpose of exploitation. Referring to its comments addressed to the Government under Convention No. 182, likewise ratified by the Czech Republic, the Committee has noted the information provided by the Government on measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. It has noted, in particular, the Government’s indication that a new draft section 146 of the Penal Code aiming at reinforcing sanctions for trafficking in persons has been submitted to Parliament for adoption, and that the National Strategy against Trafficking, which includes measures on victim protection, was approved in September 2003. The Committee requests the Government to supply a copy of the new section 146 of the Penal Code, as soon as it is adopted, and provide information on the application in practice of the National Strategy referred to above, as well as on measures taken to ensure that penal provisions punishing perpetrators are strictly enforced.

2. Sentence of community work. The Committee has noted that the amendment to the Penal Code (Act No. 152/1995), which came into force on 1 January 1996, introduced a new sentence of community work (publicly beneficial work) (sections 45 and 45a). The sentence of community work may be imposed by a court on any person convicted of an offence punishable with imprisonment not exceeding five years, for a term of up to 400 hours; such work should be performed by a convicted person free of charge within one year after the court decision. Such work must not serve profitable purposes. The Government indicates in its report received in November 2002 that Act No. 265/2001 amending the Penal Code expanded the range of work to be performed by convicted persons, which currently can be performed for the State or other communal institutions dealing with education and science, culture, school system, health protection, support and protection of youth, as well as with humanitarian, social, charity, religious and sport activities.

The Committee draws the attention of the Government to Article 2(2)(c) of the Convention, which expressly prohibits that convicted persons are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory work of convicted persons does not extend to their work for private parties, even if they are not for profit and even if they are under public supervision and control. The Committee requests the Government to indicate, in its next report, whether the voluntary consent of the convicted persons is obtained before the sentence is imposed by the court. Please also indicate the criteria used by the Government for selection of the humanitarian, social, charity, religious or sports organizations for such work.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the information provided by the Government in reply to its earlier comments in its reports of 2001 and 2002 and, in particular, the information on provisions governing the work of prisoners for private employers, including those concerning the prisoners’ consent to work for a private employer and their conditions of work. It also notes the Government’s reply to the Committee’s 2000 general observation concerning trafficking in persons, annexed to the Government’s 2002 report.

The Committee has also noted a communication received from the International Confederation of Free Trade Unions (ICFTU) in October 2001 which contains comments concerning the application of the Convention by the Czech Republic, as well as the Government’s reply to these comments.

In its comments, the ICFTU points out that trafficking of women and children into the country for the purposes of prostitution, and the forced prostitution of women and children are serious problems that are increasing. According to the ICFTU, women are trafficked to the Czech Republic primarily from Eastern Europe and the former Soviet Union, and Czech women and children are trafficked into Western Europe, though precise figures are not generally known.

The Government indicates in its reply that the number of crimes connected with child prostitution has decreased recently, and the national plan against commercial sexual exploitation of children was adopted by Decision No. 698 of 12 July 2000 with a view to eradicate child prostitution, pornography and child trafficking. It further states that activities carried out are targeted mainly on awareness-raising, preventive actions among youth and international cooperation with neighbouring countries.

Referring to its 2000 general observation on the Convention, the Committee requests the Government to continue to provide information on the application in practice of the national provisions aimed at the punishment of trafficking in persons and the exploitation of the prostitution of others, as well as on measures taken to ensure that penal provisions punishing those responsible are strictly enforced. Please supply also a copy of the national plan against commercial sexual exploitation of children referred to in the Government’s reports.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Article 1(1) and Article 2(1) of the Convention.  Further to its previous comments, the Committee has noted from the Government’s report that the contract on the basis of which the prisoner’s work for private employers is to be performed has to be concluded between the prison administration and the third party concerned and that employers are bound by the same obligations in respect of the prisoner’s health and safety as those which regulate normal employment relationships. The Committee recalls that prisoners must not be hired to or placed at the disposal of private parties. It further considers that voluntary consent by the prisoner to working for a private employer is a necessary condition for such employment to be compatible with the explicit provision of Article 2, paragraph 2(c). Also, the work must be performed in conditions which guarantee payment of normal wages and social security, etc.

The Committee asks the Government to indicate how and when the person concerned is giving that free consent, and to give details on the guarantees and safeguards established in law and practice.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information in the Government's report and the legal texts provided.

Article 1(1) and Article 2(1) of the Convention. Further to its previous comments, the Committee notes from the Government's report that the contract on the basis of which the prisoner's work for private employers is to be performed has to be concluded between the prison administration and the third party concerned and that employers are bound by the same obligations in respect of the prisoner's health and safety as those which regulate normal employment relationships. The Committee recalls that prisoners must not be hired to or placed at the disposal of private parties. It further considers that voluntary consent by the prisoner to working for a private employer is a necessary condition for such employment to be compatible with the explicit provision of Article 2, paragraph 2(c). Also, the work must be performed in conditions which guarantee payment of normal wages and social security, etc.

The Committee asks the Government to indicate how and when the person concerned is giving that free consent, and to give details on the guarantees and safeguards established in law and practice.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its report. It notes, in particular, the adoption of the Constitution of the Czech Republic of 16 December 1992, as well as the Charter of Fundamental Rights and Freedoms, which provides in its article 9 for the prohibition of forced labour. The Committee would be grateful if the Government would supply, in its next report, additional information on the following points:

1. Article 2, paragraph 2(a), of the Convention. The Committee notes the provision of article 9, paragraph (2)(b), of the Charter of Fundamental Rights and Freedoms, which excludes military service or other service established by law in place of military service from the prohibition of forced labour. It also notes the Government's indications in the report that Law No. 82/1992 on civic (alternative) service has repealed and superseded Law No. 73/1990 on the same subject, and that detailed provisions concerning the implementation of the new Law have been laid down by Government Regulation No. 372/1992, as amended by Government Regulation No. 85/1993. The Committee would be grateful if the Government would supply, with its next report, copies of the new Law on civic (alternative) service of 1992 and of the Government Regulations mentioned above.

2. Article 2, paragraph 2(c). The Committee notes that work exacted in accordance with the law from persons condemned to imprisonment or to other punishment in place of imprisonment is excluded from the prohibition of forced labour, in virtue of article 9, paragraph (2)(a), of the Charter of Fundamental Rights and Freedoms. The Government informs in its report of the adoption of the Notification of the Ministry of Justice No. 247/1992 on the execution of sentences of imprisonment in the public prison institutions, which contains rules concerning employment and conditions of work of prisoners. The Committee would be grateful if the Government would supply, with its next report, a copy of the above-mentioned Notification. Please also state what guarantees are provided to ensure that prison labour shall be performed under the supervision and control of a public authority, and that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

3. The Committee notes the provision of article 9, paragraph (2)(d), of the Charter of Fundamental Rights and Freedoms, which excludes from the prohibition of forced labour "actions ordered by law to protect the life, health, or rights of others". Since such actions appear to be different from work or service excluded from the prohibition of forced labour in virtue of paragraph (2)(a), (b) and (c) of the same article of the Charter (i.e. work exacted as a consequence of a conviction in a court of law, compulsory military service, work or service exacted in cases of natural disasters, accidents or other danger threatening human life, health or significant property values), the Committee asks the Government to describe the above-mentioned actions, indicating, in particular, whether any laws or regulations have been adopted in order to implement the above-mentioned provision of article 9, paragraph (2)(d), of the Charter. In the affirmative, please supply copies of relevant texts, as well as the information on their application in practice.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes with satisfaction that section 203 of the Penal Code under which a person who systematically avoided honest work and allowed himself to be maintained by somebody else or obtained his means of livelihood in some dishonest manner was liable to imprisonment for up to three years, was repealed by Act No. 175/1990 of 2 May 1990 to amend and supplement the Penal Code. The Committee notes that Act No. 150/1969 concerning lesser crimes was also repealed by Act No. 175/1990.