Forced Labour Convention, 1930 (No. 29) - Serbia (Ratification: 2000)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Serbian Association of Employers (SAE) and the Confederation of Autonomous Trade Unions of Serbia (CATUS) communicated with the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that in 2015, 15 criminal charges were filed under section 388 of the Criminal Code on human trafficking, involving 27 offenders and 32 victims. The Committee further noted that from 2012 to 2016, 165 persons were identified as victims of human trafficking, including for the purposes of sexual and labour exploitation. The Committee noted that support provided to victims of human trafficking included legal, financial and in-kind assistance, psychological services and support for integration into the community.

The Committee notes the Government’s information in its report that under section 388 of the Criminal Code on human trafficking, in 2017, there were 18 reports received for investigation, which led to 14 convictions with prison sentences; while in 2018, there were 33 reports received for investigation, which resulted in 19 convictions, including 17 prison sentences. The Government further indicates that in 2019, support was provided in total to 195 victims of human trafficking. In particular, 48 victims of human trafficking were provided with accommodation and 79 witnesses or victims of human trafficking received legal representation by the Centre for Protection of Human Trafficking Victims in court proceedings. The Committee takes note of the opening of the Shelter for Human Trafficking Victims for women and girls over the age of 16 in 2019. The Government indicates that this Centre is in the process of concluding protocols of cooperation with the Centre for Social Work in Leskovac concerning the opening of a shelter for victims of human trafficking, as well as with the City of Novi Sad and the Department for Women’s Entrepreneurship of the Chamber of Commerce and the Industry of Serbia, regarding the provision of employment support for victims of human trafficking.

The Committee notes the indication by CATUS that, despite the measures taken by the Government to combat trafficking in persons, there remains a need to strengthen the capacity of social protection institutions and labour inspection. CATUS also indicates a small number of cases of human trafficking brought under section 388 of the Criminal Code. In this regard, it highlights the need for better training of law enforcement officers on differentiation of human trafficking offences from other similar criminal acts.

The Committee notes the 2017 report of the Group of Experts against trafficking in human beings concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Serbia (paragraph 190) indicating a decreased number of criminal investigations into cases of human trafficking and cases when human trafficking offences were qualified as other offences carrying lesser penalties.

While taking due note of the measures adopted by the Government, the Committee requests it to strengthen the capacities of the authorities responsible for enforcing the law to ensure that all persons who commit acts of trafficking in persons are investigated and prosecuted, and sufficiently effective and dissuasive penalties are imposed on them. It also requests the Government to continue providing information on the application of section 388 of the Criminal Code in practice, including the number of prosecutions, convictions and the specific penalties imposed. The Committee further requests the Government to continue providing information on the measures taken to ensure protection and assistance to the victims of human trafficking, including their access to financial compensation.

Article 2(2)(c). Prison labour for private enterprises. The Committee previously noted the Government’s indication that convicted persons shall willingly accept the work, regardless of whether the work is performed inside or outside the institution and that the work of convicted persons is only possible with their consent. The Committee further noted that according to section 8 of the Rulebook of work of a convicted persons (No. 145/2014), the expert team shall propose to the institution’s manager that convicted persons engage in work based on various factors, including the expressed wishes of the convicted persons. According to section 12 of the Rulebook, the recruitment of a convicted person to a third entity shall be performed based on a contract concluded between the institution and a third entity.

The Committee notes the copy of a contract provided by the Government on the recruitment of convicted persons to a third entity and the copies of the written consent of convicted persons to work outside the institution. The Committee notes that the contract includes the provisions on the conditions of work for convicted persons, such as hours of work, rest periods and remuneration. The Committee further notes section 102(a) of the Act on the execution of criminal sanctions (Nos 55/2014 and 35/2019), which sets out that the performance of work by convicted persons outside the institution is subject to approval by a judge, based on the submitted draft contract between the institution and a third entity which determines the conditions of work for convicted persons. The Committee notes the indications of CATUS that in practice, the remuneration received by a convicted person may be less than that foreseen for performance of the same work. The Committee notes that in accordance with section 105 of the Act on the execution of criminal sanctions, remuneration for work received by a convicted person shall be at least 20 per cent of the minimum wage. In paragraph 118 of its 2007 General Survey on the eradication of forced labour, the Committee noted the expressed view concerning the wage levels that “the labour provided by prisoners differs markedly from labour provided in the free market” since “there is frequently no continuity by the prisoner of the work; it may be interrupted by other prison programmes; the length of prison sentences vary considerably; and there may be increased costs in the private companies having to continuously train new prisoners when they commence the work”.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that in 2012, 69 investigations were initiated, followed by indictments in 56 cases, pursuant to the application of section 388 of the Criminal Code on Human Trafficking. In total, 29 prison sentences were imposed, as well as one fine, three suspended sentences and seven acquittals, while 89 persons were awaiting sentencing. The Committee also noted that 46 adult victims of trafficking were identified in 2012, and these included persons trafficked for sexual and labour exploitation. The Committee further noted that, the Centre for Protection of Victims of Human Trafficking had been established to coordinate protection and provide emergency accommodation to victims.

The Committee notes the Government’s information in its report that, from 2012 to November 2016, 165 persons were identified as victims of human trafficking. Notably, support was provided to all persons involved in the process of identification, regardless of the final identification outcome. Support provided to victims included legal assistance, financial support, in-kind assistance, psychological services, and support for integration into the community. Furthermore, a set of national indicators for the preliminary identification of victims of trafficking has been developed, and a related multi-sectorial training of professionals was conducted. The Government indicated that, 47.5 per cent of victims were exploited for sexual exploitation, 25 per cent for forced begging and 7.5 per cent for forced labour. The Committee also notes that, in 2014, 17 criminal charges were files under section 388 of the Criminal Code, involving 25 offenders and 52 victims; while in 2015, 15 criminal charges were filed, involving 27 offenders and 32 victims. Meanwhile, four criminal charges were filed during the first four months of 2016. The Committee further notes that, the Minister of Internal Affairs was appointed as the President of the Council for combating human trafficking, and the Office for the Coordination of the fight against human trafficking within the Ministry of Interior. The Committee requests the Government to continue its efforts to prevent and combat trafficking in persons, and to provide information on measures taken in this regard. It also requests the Government to continue to provide information on the measures taken to ensure that victims of trafficking are provided with appropriate protection and services, as well as on the number of persons benefiting from these services. It requests the Government to continue to provide information on the application of section 388 of the Criminal Code in practice, including the number of prosecutions, convictions and the specific penalties imposed.

Article 2(2)(c). 1. Prison labour for private enterprises. The Committee previously noted the provisions of the Law on Enforcement of Penal Sanctions Nos 85/2005 and 72/2009 concerning the obligation of prisoners to perform labour and their conditions of work, including hours of work and rest periods, occupational safety and health, remuneration and compensation for temporary disability (sections 86–100). It noted, in particular, that under section 89 of the Law, prisoners may be employed both inside and outside the institution, as well as the Government’s indication in the report that, in the latter case, the institution shall conclude a contract with the employer about the use of labour of prisoners.

The Committee notes with interest that the Rulebook of work of a convicted person (No. 145/2014) (the Rulebook) was adopted in 2014. The Government indicates that the convict shall willingly accept the work, regardless of whether the work is performed inside or outside the institution. It emphasizes that the work of convicted persons is only possible with their consent. The Committees notes that, according to section 8 of the Rulebook, the expert team shall propose to the manager of the institution the work engagement of convicted persons based on various factors, including the expressed wishes of the convicted persons. According to sections 12 and 13, the recruitment of a convicted person at a third entity shall be performed based on a contract, and the director of the administration can approve the performance of activities outside the institution upon the request of a convicted person. The Committee therefore requests the Government to provide copies of the written requests of convicted persons, as well as copies of contracts concluded with a third entity regarding the recruitment of a convicted person outside the institution.

2. Sentence of community service. The Committee previously noted that, under section 52 of the Criminal Code, community service shall not be performed for the purpose of gaining profit and cannot be imposed by the court without the perpetrator’s consent. The Committee also noted that, under section 182 of the Law on Enforcement of Penal Sanctions, community service shall be performed with a legal entity that pursues activities in the public interest, in particular, humanitarian, health, ecological or public utility service activities, and the Ministry of Justice shall conclude a cooperation contract with the selected legal person concerning the performance of such work. The Committee further noted that the Regulations on the Enforcement of Community Service Orders (No. 20/08) were adopted under section 184 of the Law on Enforcement of Penal Sanctions.

The Committee notes that the Law on enforcement of non-custodial sanctions and measures (No. 55/2014) was adopted in 2014. The Committee also notes the Government’s information that, the possible employer involved in community services shall be a public company or a public institution. The Committee further notes the Government’s statement that, every convicted person shall sign a special agreement, which provides for the position and the precise work obligations in detail. Moreover, the convicted person must explicitly agree to work in the public interest. During the proceedings, the judge shall ask the suspect whether he/she accepts the community services if found guilty.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the statistical information in the Government’s report concerning the application of section 388 of the Criminal Code on human trafficking. In 2012, 69 investigations were initiated, followed by indictments in 56 cases. In total, 29 prison sentences were imposed, as well as one fine, three suspended sentences and seven acquittals, while 89 persons are awaiting sentencing. The Committee also notes the information in the Government’s report submitted regarding the Worst Forms of Child Labour Convention, 1999 (No. 182), that 46 adult victims of trafficking were identified in 2012, and these included persons trafficked for sexual and labour exploitation. The Government indicates in this report that it operates the Centre for Protection of Victims of Human Trafficking, which is charged with coordinating protection and providing emergency accommodation to victims. The Committee requests the Government to pursue its efforts to prevent and combat trafficking in persons, and to provide information on measures taken in this regard. It also requests the Government to continue to provide information on the measures taken to ensure that victims of trafficking are provided with appropriate protection and services, as well as on the number of persons benefiting from these services. Lastly, it requests the Government to continue to provide information on the application of section 388 of the Criminal Code in practice, including the number of prosecutions, convictions and the specific penalties imposed.

Article 2(2)(a). Compulsory military service. Following its previous comments, the Committee notes that on 15 December 2010, the National Assembly adopted the Decision on the Abolition of Military Service (No. 95/10), abolishing compulsory military service as of 1 January 2011.

Article 2(2)(c). 1. Prison labour. The Committee previously noted the provisions of the Law on Enforcement of Penal Sanctions Nos 85/2005 and 72/2009 concerning the obligation of prisoners to perform labour and their conditions of work, including hours of work and rest periods, occupational safety and health, remuneration and compensation for temporary disability (sections 86–100). It noted, in particular, that under section 89 of the Law, prisoners may be employed both inside and outside the institution, as well as the Government’s indication in the report that, in the latter case, the institution shall conclude a contract with the employer about the use of labour of prisoners. The Committee once again requests the Government to indicate, in its next report, whether prisoners can perform labour for private enterprises, and if so, how the voluntary consent of prisoners is guaranteed, so that such consent is free from the menace of any penalty. It also requests the Government to provide a copy of the Rules governing the work of prisoners, issued by the Minister of Justice, to which reference is made in section 100 of the Law on Enforcement of Penal Sanctions.

2. Sentence of community service. The Committee previously noted that, under section 52 of the Criminal Code, community service shall not be performed for the purpose of gaining profit and cannot be imposed by the court without the perpetrator’s consent. The Committee also noted that, under section 182 of the Law on Enforcement of Penal Sanctions, community service shall be performed with a legal entity that pursues activities in the public interest, in particular, humanitarian, health, ecological or public utility service activities, and the Ministry of Justice shall conclude a cooperation contract with the selected legal person concerning the performance of such work. It further noted that, under section 184 of the Law on Enforcement of Penal Sanctions, the Ministry of Justice, in cooperation with the Ministry of Labour, shall issue detailed regulations on the enforcement of community service orders.

The Committee notes the Regulations on the Enforcement of Community Service Orders (No. 20/08) submitted with the Government’s report. The Committee notes that section 4 of these Regulations state that pursuant to a request by interested employers, or in direct cooperation with appropriate government bodies and organizations, the Ministry of Justice shall enter into agreements on cooperation with the selected employer on the performance of community service. The Committee requests the Government to provide information on the bodies and institutions that may act as an employer for the purpose of community service, indicating specifically if community service may be performed for non-governmental entities.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously requested information concerning the application of provisions of the Criminal Code on unlawful deprivation of liberty, coercion and submission to slavery (sections 132, 135 and 390 of the Code).

The Committee notes the Government’s indication that, throughout the reporting period, charges were filed in 190 cases for the offence of unlawful deprivation of liberty, and 57 criminal offences were found to have been perpetrated, resulting in ten prison sentences and 23 suspended sentences. The Government also indicates that in 2012, the prosecutor’s office acted in 316 cases involving coercion, and a total of 59 indictments were made, which resulted in the imposition of 11 prison sentences.

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

Article 2(2)(a) of the Convention. Compulsory military service. The Committee notes the provisions of the Defence Law No. 116/07 and the Law on Military, Labour and Material Obligation No. 88/09, supplied by the Government with its report, as well as the Government’s explanations concerning the use of compulsory military services for military purposes. The Committee would be grateful if the Government would provide a copy of the Law on Armed Forces of Serbia, referred to in the Government’s report.

Article 2(2)(c). 1. Prison labour. The Committee previously noted the provisions of the Law on Enforcement of Penal Sanctions Nos 85/2005 and 72/2009 concerning the obligation of prisoners to perform labour and their conditions of work, including hours of work and rest periods, occupational safety and health, remuneration and compensation for temporary disability (sections 86–100). It noted, in particular, that under section 89 of the Law, prisoners may be employed both inside and outside the institution, as well as the Government’s indication in the report that, in the latter case, the institution shall conclude a contract with the employer about the use of labour of prisoners. The Committee asked the Government to indicate whether prisoners can perform labour for private enterprises, and if so, whether the prisoners concerned give their voluntary consent to work for such enterprises.

The Government indicates that prison labour is performed with the prisoners’ consent, and that convicts are not forced to perform labour. While noting these indications, the Committee requests the Government once again to indicate, in its next report, whether prisoners can perform labour for private enterprises, and if so, how the voluntary consent of prisoners to work for private enterprises is guaranteed, so that such consent is free from the menace of any penalty. Please also communicate a copy of the Rules governing the work of prisoners, issued by the Minister of Justice, to which reference is made in section 100 of the Law on Enforcement of Penal Sanctions referred to above.

2. Sentence of community service. The Committee previously noted that, under section 52 of the Criminal Code, community service shall not be performed for the purpose of gaining profit and cannot be imposed by the court without the perpetrator’s consent. The Committee also noted that, under section 182 of the Law on Enforcement of Penal Sanctions referred to above, community service shall be performed for as legal person that pursues activities in the public interest, in particular, humanitarian, health, ecological and utility service activities, and the Ministry of Justice shall conclude a cooperation contract with the selected legal person concerning the performance of such work. The Committee further noted that, under section 184 of the Law on Enforcement of Penal Sanctions, the Ministry of Justice in cooperation with the Ministry of Labour shall issue detailed regulations on the enforcement of community service orders. Noting that the Government’s report contains no information on this issue, the Committee reiterates its hope that the Government will provide a copy of the regulations issued under section 184 of the above Law, as soon as they are adopted, as well as the information on their application in practice, indicating, in particular, the types of work performed by persons sentenced to community service, as well as the kinds of bodies and institutions for which such service is performed.

Article 25. Penalties for the exaction of forced or compulsory labour. In its earlier comments, the Committee referred to certain provisions of the Criminal Code punishing with sanctions of imprisonment the following penal offences: unlawful deprivation of liberty, coercion, trafficking in human beings and submission to slavery (sections 132, 135, 388 and 390). The Committee again requests the Government to provide information on the application of the above provisions in practice, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 2, subparagraph (a), of the Convention. Compulsory military service. The Committee notes that, under article 139 of the Constitution of the Republic of Serbia, the Army shall defend the country from external armed threat and perform other missions and tasks in accordance with the Constitution and Law. Article 141 of the Constitution provides for the enactment of the Law on the Army of Serbia. The Government indicates in its report that the preparation of the new Law on the Army is in progress. The Committee hopes that the Government will provide a copy of the new law, as soon as it is adopted. Please also indicate the provisions which ensure that services exacted under compulsory military service laws are used for purely military ends, as required by Article 2, paragraph 2(a), of the Convention.

Article 2, paragraph 2, subparagraph (c). 1. Prison labour. The Committee notes the provisions of the Law on Enforcement of Penal Sanctions (Official Gazette of the Republic of Serbia, No. 85/2005) concerning the obligation of prisoners to perform labour and their conditions of work, including hours of work and rest periods, occupational safety and health, remuneration and compensation for temporary disability (sections 86–100). It notes that, under section 89 of the Law, prisoners may be employed both inside and outside the institution, as well as the Government’s indication in the report that, in the latter case, the institution shall conclude a contract with the employer about the use of labour of prisoners. Referring to paragraphs 54–61 and 98–122 of its General Survey of 2007 on the eradication of forced labour, the Committee asks the Government to indicate in its next report whether prisoners perform labour for private enterprises and, if so, whether prisoners give their voluntary consent to work for private enterprises and whether such consent is free from the menace of any penalty. Please also communicate a copy of the rules governing the work of prisoners, issued by the Minister of Justice, to which reference is made in section 100 of the Law on Enforcement of Penal Sanctions referred to above.

2. Sentence of community service. The Committee previously noted that, under section 52 of the Criminal Code of the Republic of Serbia 2005, concerning a sentence of community service, such service shall not be performed for the purpose of gaining profit and cannot be imposed by the court without the perpetrator’s consent. The Committee notes that, under section 184 of the Law on Enforcement of Penal Sanctions referred to above, the Ministry of Justice in cooperation with the Ministry of Labour shall issue regulations on the enforcement of community service order. The Government indicates in its report that the enforcement of the sentence of community service has not yet started in practice, since the said regulations have not yet been adopted. The Committee hopes that the Government will provide a copy of the regulations, as soon as they are adopted, as well as the information on their application in practice, indicating, in particular, the types of work performed by persons sentenced to community service, as well as the kinds of bodies and institutions for which such service is performed.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted the penal provisions punishing with sanctions of imprisonment the following penal offences: unlawful deprivation of liberty, coercion, trafficking in human beings and submission to slavery (sections 132, 135, 388 and 390 of the Criminal Code of the Republic of Serbia, 2005). The Committee has noted statistical information relating to the criminal proceedings and convictions under sections 132, 135, 388, as well as the Government’s statement that no proceedings have been instituted under section 390 of the Criminal Code. It requests the Government to continue to provide information on the application of the above provisions in practice, supplying sample copies of relevant court decisions and indicating the penalties imposed.

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

The Committee has noted the Government’s reply to its earlier comments. It has noted, in particular, the provisions of the Law on the Army (Official Gazette of the FRY, No. 43/94, as amended), supplied by the Government with its report, relating to the termination of service by the career military personnel, as well as the Government’s explanations concerning the application of these provisions. It has also noted the provisions of the above Law which govern the service of conscientious objectors.

Article 2(2)(a) of the Convention. Compulsory military service. The Committee notes that, under article 139 of the Constitution of the Republic of Serbia, the Army shall defend the country from external armed threat and perform other missions and tasks in accordance with the Constitution and Law. Article 141 of the Constitution provides for the enactment of the Law on the Army of Serbia. The Government indicates in its report that the preparation of the new Law on the Army is in progress. The Committee hopes that the Government will provide a copy of the new law, as soon as it is adopted. Please also indicate the provisions which ensure that services exacted under compulsory military service laws are used for purely military ends, as required by Article 2(2)(a) of the Convention.

Article 2(2)(c). 1. Prison labour. The Committee notes the provisions of the Law on Enforcement of Penal Sanctions (Official Gazette of the Republic of Serbia, No. 85/2005) concerning the obligation of prisoners to perform labour and their conditions of work, including hours of work and rest periods, occupational safety and health, remuneration and compensation for temporary disability (sections 86–100). It notes that, under section 89 of the Law, prisoners may be employed both inside and outside the institution, as well as the Government’s indication in the report that, in the latter case, the institution shall conclude a contract with the employer about the use of labour of prisoners. Referring to paragraphs 54–61 and 98–122 of its General Survey of 2007 on the eradication of forced labour, the Committee asks the Government to indicate in its next report whether prisoners perform labour for private enterprises and, if so, whether prisoners give their voluntary consent to work for private enterprises and whether such consent is free from the menace of any penalty. Please also communicate a copy of the rules governing the work of prisoners, issued by the Minister of Justice, to which reference is made in section 100 of the Law on Enforcement of Penal Sanctions referred to above.

2. Sentence of community service. The Committee previously noted that, under section 52 of the Criminal Code of the Republic of Serbia 2005, concerning a sentence of community service, such service shall not be performed for the purpose of gaining profit and cannot be imposed by the court without the perpetrator’s consent. The Committee notes that, under section 184 of the Law on Enforcement of Penal Sanctions referred to above, the Ministry of Justice in cooperation with the Ministry of Labour shall issue regulations on the enforcement of community service order. The Government indicates in its report that the enforcement of the sentence of community service has not yet started in practice, since the said regulations have not yet been adopted. The Committee hopes that the Government will provide a copy of the regulations, as soon as they are adopted, as well as the information on their application in practice, indicating, in particular, the types of work performed by persons sentenced to community service, as well as the kinds of bodies and institutions for which such service is performed.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted the penal provisions punishing with sanctions of imprisonment the following penal offences: unlawful deprivation of liberty, coercion, trafficking in human beings and submission to slavery (sections 132, 135, 388 and 390 of the Criminal Code of the Republic of Serbia, 2005). The Committee has noted statistical information relating to the criminal proceedings and convictions under sections 132, 135, 388, as well as the Government’s statement that no proceedings have been instituted under section 390 of the Criminal Code. It requests the Government to continue to provide information on the application of the above provisions in practice, supplying sample copies of relevant court decisions and indicating the penalties imposed.

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

The Committee notes the Government’s reply to its earlier comments. It notes, in particular, the Government’s explanations concerning the application of the Law on Measures in case of State of Emergency (Official Gazette of the Republic of Serbia, No. 19/91) and requests the Government to indicate, in its next report, whether a similar legislation has been adopted in the Republic of Montenegro, and if so, to supply a copy. It also requests the Government to provide copies of laws and regulations governing the execution of criminal sentences, both in the Republic of Serbia and in the Republic of Montenegro, and legislation concerning compulsory military service, as well as additional information on the following points:

Articles 1(1) and 2(1) of the Convention. Please indicate provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Please indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends. Please supply copies of provisions governing alternative (non-military) service in the case of persons who have conscientious objections for religious or other reasons, to which reference is made in article 137 of the federal Constitution.

Article 2(2)(c). 1. Please provide information on provisions governing the work of convicted persons and supply copies of relevant texts. Please indicate what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations.

2. Sentence of community service. The Committee notes the provisions of section 52 of the new Criminal Code of the Republic of Serbia, 2005 (which enters into force on 1 January 2006) and section 41 of the new Criminal Code of the Republic of Montenegro, 2004, concerning a sentence of community service. The Committee notes that a sentence of community service can be imposed by a court for criminal offences punishable with imprisonment not exceeding three years, for a term of up to 360 hours, such service must not serve profitable purposes and should be performed by a convicted person free of charge within the period that cannot be longer than six months. If such service is not properly performed, it may be converted into a sentence of imprisonment. The Committee also notes that no sentence of community service can be imposed without the perpetrator’s consent.

The Committee requests the Government to indicate, in its next report, the types of work to be performed by persons sentenced to community service, as well as the kinds of bodies and institutions for which such service shall be performed, stating, in particular, whether it may be performed only for the State or other communal institutions, or also for private institutions and associations acting in the community interest.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee notes the penal provisions punishing with sanctions of imprisonment the following penal offences: unlawful deprivation of liberty, coercion, trafficking in human beings and submission to slavery (sections 132, 135, 388 and 390 of the new Criminal Code of the Republic of Serbia, 2005, and sections 162, 165, 444 and 446 of the new Criminal Code of the Republic of Montenegro, 2004). The Committee requests the Government to provide information on the application of these provisions in practice, supplying sample copies of relevant court decisions and indicating the penalties imposed.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request.

The Committee requests the Government to supply with its next report, copies of the updated and consolidated texts of the Criminal Code and Criminal Procedural Code, laws and regulations governing the execution of criminal sentences, law on compulsory military service and legislation concerning a state of emergency, as well as additional information on the following points.

Article 2(2)(a) of the Convention. Please indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends. Please supply copies of provisions governing alternative (non-military) service in the case of persons who have conscientious objections for religious or other reasons, to which reference is made in article 137 of the Federal Constitution. Please also indicate any provisions applicable to military officers and other career members of the armed forces as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). Please indicate what guarantees are provided to ensure that convicted persons are not hired or placed at the disposal of private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.

Article 2(2)(d). Please state what guarantees are provided to ensure that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Please indicate any penal provisions punishing the illegal exaction of forced or compulsory labour and provide information on any legal proceedings which have been instituted as a consequence of the application of this Article, as well as on any penalties imposed. Please indicate, in particular, whether any measures, legislative or otherwise, have been adopted to prevent, suppress and punish trafficking in human beings for the purpose of exploitation, and whether any legal proceedings have been instituted to punish perpetrators.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to supply with its next report, copies of the updated and consolidated texts of the Criminal Code and Criminal Procedural Code, laws and regulations governing the execution of criminal sentences, law on compulsory military service and legislation concerning a state of emergency, as well as additional information on the following points.

Article 2(2)(a) of the Convention. Please indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends. Please supply copies of provisions governing alternative (non-military) service in the case of persons who have conscientious objections for religious or other reasons, to which reference is made in article 137 of the Federal Constitution. Please also indicate any provisions applicable to military officers and other career members of the armed forces as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). Please indicate what guarantees are provided to ensure that convicted persons are not hired or placed at the disposal of private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.

Article 2(2)(d). Please state what guarantees are provided to ensure that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Please indicate any penal provisions punishing the illegal exaction of forced or compulsory labour and provide information on any legal proceedings which have been instituted as a consequence of the application of this Article, as well as on any penalties imposed. Please indicate, in particular, whether any measures, legislative or otherwise, have been adopted to prevent, suppress and punish trafficking in human beings for the purpose of exploitation, and whether any legal proceedings have been instituted to punish perpetrators.