Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Ukraine (Ratification: 2000)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that under section 185-1 of the Code on Administrative Offences, a second breach (within a year) of the rules governing the organization and conduct of public meetings, street marches and demonstrations may be punishable with correctional labour for a term of up to two months. The Committee requested the Government to take the necessary measures to ensure that any legislation adopted regulating public assemblies does not contain penalties involving compulsory labour for activities protected by Article 1(a) of the Convention. The Committee also requested the Government to provide information on the progress made towards the adoption of the draft Law on Freedom of Peaceful Assembly, as well as information on the penalties applied to persons who have committed offences under section 189-1 of the Code on Administrative Offences. It requested the Government to indicate in particular if any persons sentenced under this provision have been sanctioned to correctional work.

The Committee notes the Government’s indication in its report that the exercise of the right to peaceful assemblies may be restricted in accordance with the law and solely in the interest of national security and public order. However, the Government states that the requirements for the organization and conduct of peaceful assemblies, the time frame for providing advance notice to government or local authorities, as well as the positive duties of the State with regard to safeguarding the holding of peaceful assemblies, have not yet been set out in law. The Committee also notes the Government’s indication that both Freedom of Peaceful Assembly Bill No. 3587 of 7 December 2015 and Freedom of Peaceful Assembly Bill No. 3587-1 of 11 December 2015 have been tabled for consideration at the Verkhovna Rada (Parliament). Firstly, these Bills propose to define the rights and duties of organizers of and participants in peaceful assemblies and the legal powers and duties of state and local authorities with regard to the organization and conduct of peaceful assemblies. Secondly, they propose to lay out clearly the sole grounds for and means of restricting freedom of peaceful assembly. Lastly, they set forth monitoring and mediation procedures to be used during these peaceful assemblies. The Committee notes that Decision 974 VIII of the Parliament of 3 February 2016 placed these Bills on the agenda of the fourth sitting of the Parliament’s eighth session. The Government indicates that Freedom of Peaceful Assembly Bill No. 3587 proposes to amend the first and second paragraphs of section 185-1 of the Code on Administrative Offences and that Freedom of Peaceful Assembly Bill No. 3587-1 proposes to delete the entire same section. The Government indicates that those propositions aim to prevent politically motivated prohibitions of assemblies by the judiciary and arrests of protestors.

With reference to paragraph 302 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The range of activities, which must be protected under this provision from punishment involving forced or compulsory labour, thus comprises the freedom to express political or ideological views as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion.

Noting the Government’s indication that section 185-1 of the Code on Administrative Offences may be either amended or repealed, the Committee reiterates its hope that during the legislative process, the Government will take into account the comments of the Committee with a view to ensuring that no sanctions involving compulsory labour may be imposed as a punishment on persons exercising their right to assemble peacefully. The Committee requests the Government to provide information, in its next report, on the amendment or repeal of section 185-1 of the Code on Administrative Offences. Pending the adoption of these Bills, the Committee requests the Government to continue to provide information on the application in practice of section 185-1 of the Code on Administrative Offences, including the facts on the basis of which the persons have been prosecuted.

The Committee is also raising other matters in a request addressed directly to Government.