Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Forced Labour Convention, 1930 (No. 29) - Latvia (Ratification: 2006)
Protocol of 2014 to the Forced Labour Convention, 1930 - Latvia (Ratification: 2017)

The Committee notes the observations of the Free Trade Union Confederation of Latvia (FTUCL) communicated with the Government’s report.

Articles 1(1), 2(1) and 25. Trafficking in persons. 1. Legal framework and law enforcement. In its previous comments, the Committee noted that section 154 of the Criminal Code criminalizes trafficking in persons. The Government indicated that, in 2013, one person was convicted under section 154 1(3) of the Criminal Code (trafficking in persons in an organized group), and sentenced to deprivation of liberty for seven years. The Committee requested the Government to continue providing information on the application in practice of relevant provisions of the Criminal Code.

The Committee notes the Government’s information in its report that, from 1 June 2015 to 14 March 2018, 11 criminal proceedings were initiated regarding trafficking in persons, while prosecution was initiated for four cases. Since 2015, most convicted persons (seven out of eight) have received conditional sentences. The Committee also notes that, according to the observations of the FTUCL, the number of prosecutions is low in comparison with the number of criminal proceedings initiated, possibly due to inadequate involvement of social partners in criminal proceedings, problems to qualify cases under relevant criminal provisions and difficulties to obtain sufficient evidence. The Committee therefore requests the Government to continue its efforts to ensure that investigations and prosecutions are carried out against all persons engaged in trafficking in persons. It also requests the Government to continue providing information on the application of relevant provisions of the Criminal Code in practice, including the number of investigations and prosecutions carried out, as well as the specific penalties applied.

2. Plan of action and monitoring mechanism. The Committee notes the Government’s information that a working group was established by Prime Minister Order No. 25 of 28 February 2017, in order to coordinate the implementation of the Guidelines for the Prevention of Trafficking in Human Beings 2014–20 (Guidelines 2014–20). According to the 2017 Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Latvia, of the Group of Experts on Action against Trafficking in Human Beings (2017 GRETA report), activities envisaged by the Guidelines 2014–20 include information and awareness raising, research, identification and assistance of victims, state compensation, return of victims, residence of foreign victims, legal framework for combating trafficking, law enforcement and prosecution, cooperation and coordination of anti-trafficking measures (GRETA(2017)2, paragraph 23). The Ministry of Interior is expected to submit to the Cabinet of Ministers an interim report on the implementation of the Guidelines 2014–20 by 30 June 2017 and a final report by 30 June 2021 (paragraph 24). The Committee requests the Government to provide information on the implementation of the Guidelines for the Prevention of Trafficking in Human Beings 2014–20, including a copy of evaluation reports prepared by the Ministry of Interior.

3. Identification and protection of victims. The Committee notes from the 2017 GRETA report that the identification of victims of trafficking is carried out in accordance with Cabinet Regulation No. 889 of 2006, as amended in 2012. Accordingly, identification as a victim of trafficking by the state police is determined by the presence of sufficient grounds for initiating a criminal case into a trafficking offence. In the absence of a criminal investigation, the multi-disciplinary commission of experts (consisting of a lawyer, a psychologist, a social worker and a representative of the police) has to convene within three days and assess if there are sufficient indicators for considering a person as a victim of trafficking (paragraph 101). The Committee also notes that, from 2012 to 2016, 110 victims were identified, the majority of whom were adult women. Among them, 25 victims were subjected to forced labour, while 20 were subjected to sexual exploitation (paragraphs 13 and 14). In accordance with the Guidelines 2014–20, in 2016, the Ombudsman’s Office initiated an evaluation of the institutional framework and mechanism for the identification, assistance, repatriation and return of victims of trafficking (paragraph 24). The Committee requests the Government to continue its efforts with regard to the identification of victims of trafficking for purposes of both sexual and labour exploitation, and to ensure that protection and assistance is provided to such victims. The Committee also requests the Government to provide information on the measures taken and the results achieved in this regard, including the number of victims who have been identified and who have benefited from adequate protection. It further requests the Government to provide information on the results of the evaluation initiated by the Ombudsman’s Office, once finalized.

Articles 1(1) and 2(1). Freedom of career members of the armed forces to leave their service. In its previous comments, the Committee noted that pursuant to section 20(3) of the Military Service Law of 2002, as amended, soldiers of the National Armed Forces work under a professional service contract for a period until reaching the maximum age specified under section 41 or for a period of time not less than five years. According to section 43(1) of the Law, a professional service contract may be terminated before the end of the term at any time by agreement of the parties. The Government indicated that each request for termination of service by a soldier is evaluated individually by the Minister of Defence and an agreement on termination shall be reached after negotiations with the soldier concerned and taking into account the liabilities undertaken by the soldier. The Committee also noted the Government’s statement that there were no cases where agreement relating to the termination of service had not been reached. The Committee therefore requested the Government to indicate the provisions governing the procedure as well as the deadline for a response in this regard.

The Committee notes the Government’s information that the specific procedures for such termination of service are set out in the internal regulations entitled “Rules on Retirement of Soldiers from Military Service”, adopted by the Minister of Defence on 14 August 2013. According to the Rules, a soldier intending to terminate the professional service contract before the end of the term shall submit a written request not later than two months in advance of the expected release date. The request for release shall be then submitted to the Minister of Defence for approval through the chain of command no later than one month before the expected release date. The Government also indicates that there is no information on cases where the request for release is denied or the decision is taken within an unreasonable time framework. The Committee requests the Government to continue providing information, in its future reports, on the application of section 43(1) of the Military Service Law and the Rules on Retirement of Soldiers from Military Service in practice, including the number of cases in which such resignations were refused and the grounds for refusal.

Article 2(2)(c). Prison labour. The Committee previously noted that the Code of Execution of Sentences of Latvia specifies the types of employment of convicted persons consisting of employment with and without remuneration. 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 Government indicated that, according to section 56-2 of the Code of Execution of Sentences, as amended in 2013, which provides that a convicted person shall be employed for remuneration pursuant to a written submission by the convicted person to the head of the deprivation of liberty institution following which such person may be employed in the deprivation of liberty institution or outside. According to section 56-3 of this Code, a merchant who has concluded a cooperation agreement with the deprivation of liberty institution regarding organizing the employment of convicted persons, shall enter into an agreement or employment contract, if the work is outside, with the convicted persons on the performance of work prior to commencing the work. Moreover, section 56-4 of the Code provides that the provisions of the Labour Law shall apply to a convicted person employed on the basis of an employment contract in so far as this Code does not provide otherwise. Sections 56-7, 56-8 and 56-15 of the Code regulate the working time, leave and wages respectively of the convicted persons employed for remuneration. Observing that there appear to be no provisions in the Code of Execution of Sentences requiring the voluntary consent of the convicted persons for work outside the prison with a private entity for remuneration, the Committee requested the Government to clarify whether the written submission by convicted persons for employment of remuneration as required under section 56-2 involves the voluntary consent of convicted persons, such consent being informed of the conditions of work and free from the menace of any penalty, including the loss of rights or privileges.

The Committee notes the Government’s information that there are no legal provisions providing for any sanctions or penalties for convicted persons who are not taking part in employment activities. The Government also indicates that procedures by which convicted persons are employed for remuneration are addressed by the Regulation of the Cabinet of Ministers No. 63 of 17 January 2012. According to point 2, a convicted person who is willing to undertake employment within the prison premises shall submit a written application to the head of the deprivation of liberty institution, in which he/she shall indicate the type of desired employment and information on his/her education background, work experience and skills. Moreover, convicted persons who serve their sentence in an open prison may perform work for private undertakings outside the prison. For this purpose, the concerned person shall apply for job opportunities by sending a CV to the potential employer. An employment contract shall also be concluded by the employer and the convicted person, providing for all essential working conditions.