Forced Labour Convention, 1930 (No. 29) - Croatia (Ratification: 1991)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National action plan. Noting that the National Action Plan to Combat Trafficking in Persons covered the period 2012-2015, the Committee requested the Government to provide information on the adoption of a new action plan. The Committee notes the Government’s indication in its report that a National Plan to Combat Trafficking in Human Beings for the period 2018-2021 has been adopted which covers areas such as: prevention, monitoring for detection, prosecution and sanctioning of offenses related to trafficking in persons, assistance and protection of victims, education, and international cooperation. The Committee also notes that the Labour Inspectorate and representatives of the judiciary are now part of the National Committee for Combating Human Trafficking and its Operational Team. The Committee encourages the Government to continue taking measures to ensure the implementation of the different areas of the National Action Plan and to provide information on any evaluation undertaken in this regard, including information on the results achieved and difficulties faced. The Committee also requests the Government to provide information on the measures taken to ensure coordination among relevant institutions in combating trafficking in persons, both for labour exploitation and sexual exploitation, as well as on the activities carried out by the National Committee for Combating Human Trafficking and its Operational Team.

2. Law enforcement. The Committee previously noted that the Criminal Code, adopted in 2011, under section 106, criminalizes trafficking in persons for both labour and sexual exploitation, and requested the Government to provide information on the prosecutions carried out and sanctions applied under this provision. The Government indicates that special attention has been paid to further strengthening cooperation in criminal proceedings relating to trafficking in persons cases between the State Attorney’s Office and the Ministry of the Interior. It notes from the information provided by the Government to the Group of Experts on Action Against Trafficking in Persons (GRETA) of the Council of Europe in 2020, that, as a result of education and training of police officers, there has been an increase in reported cases of trafficking in persons under section 106 of the Criminal Code since 2016. Accordingly, seven offences were reported in 2016; 15 in 2017; 12 in 2018 and 21 in 2019 (GRETA/Third Evaluation Report/2020, page 67). The Committee also notes that in its report the GRETA highlights that, while trafficking in persons for the purpose of sexual exploitation of women continues to be the main form of exploitation, there has been an increase in the number of victims of trafficking for labour exploitation which has concerned mostly men (GRETA/Third Evaluation Report/2020, para. 12). The Committee requests the Government to continue to strengthen the capacity of law enforcement bodies, including the labour inspection, with a view to better identify cases of trafficking both for labour and sexual exploitation. It requests the Government to provide information on the number of investigations and prosecutions carried out, as well as the specific penalties applied under section 106 of the Criminal Code. Please also indicate how many of the cases detected concern trafficking for labour exploitation and how many relate to trafficking for sexual exploitation.

3. Protection of victims. In its previous comments the Committee requested the Government to strengthen its efforts regarding the identification, protection, and assistance of victims of trafficking. The Committee notes that, during the reporting period 2017 – 2020, a total of 147 of victims of trafficking in persons were identified. The Government refers to the adoption of the Act Amending the Criminal Procedure Act (Official Gazette, No. 70/17), which introduces a new definition of victim, according to which a victim is a physical person who has suffered physical and mental consequences, property damage or significant violation of fundamental rights and freedoms that are a direct consequence of a criminal offense (direct victim). The concept of “indirect victim” has been also incorporated which covers the spouse, life partner or informal life partner and descendant, and if there are none, the ancestor, brother, and sister of the person whose death was directly caused by the crime, and the person whom he was obliged to support by law. In addition, the new section 43 of the Criminal Procedure Act provides for the victims´ right to access legal support services as well as psychological and other professional assistance, and the right to protection from intimidation and retaliation. The new legislation also provides for the obligation of authorities to conduct an individual assessment of the victim to identify their special needs. The Committee further notes that the Government has issued a new Protocol on identification, assistance, and protection of victims of trafficking in persons, a Protocol on the procedures during voluntary return of victims of human trafficking; and a new Protocol on the integration/reintegration of victims of trafficking in human beings.

The Committee welcomes these measures and requests the Government to continue to provide information in relation to the protection and assistance provided to victims under the above-mentioned protocols. Please indicate the number of victims of trafficking in persons who have received assistance and support, including legal aid, specifying those who have benefited from an individual assessment. Please also provide information on the number of victims of trafficking in persons who have benefited from assistance for voluntary return and reintegration, indicating the difficulties encountered in that respect.

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

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and trafficking in persons. 1. Legislation and law enforcement. In its earlier comments, the Committee noted that the Government was considering a possibility to revise certain definitions and to improve the existing legal framework, in particular, by imposing more severe punishments for serious offences, including that covered by section 128 of the 2004 Criminal Act (the illegal compulsion to act against a person’s will, which was applicable to punish the illegal exaction of forced or compulsory labour). The Committee further took note of the adoption of a new Criminal Act on 21 October 2011 and requested the Government to provide information on penal sanctions imposed for cases of forced labour, specifying which provisions of the Criminal Act were used to this end.

The Committee notes the Government’s information in its report that the new Criminal Act entered into force in January 2013. Previous section 175 “trafficking in persons and slavery” is now divided in two separate sections – section 105 and section 106. Section 105 addresses slavery, while section 106 addresses trafficking in persons for the purposes of labour and sexual exploitation, as well as other forms of exploitation. The Government indicates that, under section 106, one court decision was handed down in a case of trafficking for forced begging. The perpetrator received a penalty of imprisonment for a term of five years and eight months.

The Committee also notes that, according to the 2015 Report of the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the Implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Croatia (2015 GRETA Report), in 2013, the public prosecution service received criminal complaints against six persons on the basis of section 106 of the Criminal Act, for allegedly recruiting several persons and transporting them from Bosnia and Herzegovina to Croatia for the purpose of forced labour. In 2014, 13 persons were prosecuted on the basis of section 106. Moreover, two final convictions against two perpetrators were handed down in 2014, one on the basis of section 175 on human trafficking in the former Criminal Act, and one on the basis of section 106 of the 2013 Criminal Act (GRETA(2015)33, paragraph 161).

The Committee further notes that, in its concluding observations of 2015, the UN Human Rights Committee (HRC) stated that there were reports indicating retrogression with regard to measures taken to combat trafficking in persons. The HRC was also concerned about the small number of persecutions and the leniency of the sentences imposed on traffickers (CCPR/C/HRV/CO/3, paragraph 17). Moreover, in its concluding observations of 2015, the Committee on the Elimination of Discrimination against Women (CEDAW) was concerned that perpetrators of trafficking were often charged with offences of pimping rather than the more serious offence of human trafficking, resulting in a disturbingly low rate of conviction for human trafficking (CEDAW/C/HRV/CO/4-5, paragraph 20). The Committee therefore requests the Government to take the necessary measures to ensure that investigations and prosecutions are carried out against perpetrators of trafficking in persons. It also requests the Government to continue providing information on the application of sections 105 and 106 of the new Criminal Act in practice, including the number of investigations and prosecutions carried out, as well as the specific penalties applied.

2. Identification and protection of victims. The Committee notes the Government’s information that the number of identified victims of trafficking rose in 2013 and 2014 (31 in 2013 and 37 in 2014 respectively) compared to previous years (14 victims in 2011 and 11 in 2012). Moreover, 25 victims were identified from January to June 2015. The increase was largely attributable to a surge in the number of child victims related to online child pornography, which accounted for more than half of the victims in 2014. While most identified victims are women and girls trafficked for the purpose of sexual exploitation, there was some increase in the number of men and boys who are subjected to labour exploitation in the agricultural sector or in forced begging. The Government also indicates that the labour inspectorate was involved in a number of raids carried out by the police, notably on construction sites and in the agricultural sector. However, the raids did not lead to the identification of victims of trafficking.

The Committee also notes that, according to the 2015 GRETA Report, the real scale of human trafficking is higher than the figures of identified victims suggest. Increased risks of forced prostitution have been reported on the Adriatic coast during the tourist season, but this has not led to the identification of victims. In addition to the agricultural sector, some other sectors of the economy are also at risk of trafficking, in particular construction and the hospitality sector (GRETA(2015)33, paragraph 14). The Committee further notes that, in its concluding observations of 2015, the CEDAW was concerned that: (i) victims of exploitation of prostitution were sometimes prosecuted rather than provided with appropriate support measures; (ii) there were inadequate mechanisms for identifying victims of trafficking in situations of heightened risk; (iii) there were inadequate systems for the collection of disaggregated data on victims of trafficking, including by gender, age, ethnicity and nationality; (iv) there were inadequate shelters, and training of personnel therein, for victims of trafficking; and (v) there were inadequate measures to address the specific vulnerabilities and needs of non-national victims of trafficking (CEDAW/C/HRV/CO/4-5, paragraph 20). The Committee therefore requests the Government to strengthen its efforts with regard to the identification of victims of trafficking for purposes of both sexual and labour exploitation, and to take the necessary measures to ensure that appropriate 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.

3. Plan of action and monitoring mechanism. The Committee notes that, according to the 2015 GRETA report, the National Action Plan to Combat Trafficking for the period of 2012–15 has been implemented. The Report indicates that there are no objectives in the National Action Plan to specifically address trafficking for labour exploitation, and that neither the Labour Inspectorate nor trade unions are mentioned in the action plan as partners in anti-trafficking efforts. Further, while reference is made to training in the tourism industry where there are existing risks of trafficking, no action is planned in other risk sectors, such as agriculture and construction (GRETA(2015)33, paragraphs 28 and 30). The Report also indicates that the Ministry of Labour, under which comes the Labour Inspectorate, is not part of the National Committee or the Operational Team for combating trafficking, in spite of its potential role in detecting victims (paragraph 24). Noting that the National Action Plan to Combat Trafficking for the period of 2012–15 has ended, the Committee requests the Government to indicate whether a new National Action Plan is to be developed. The Committee also requests the Government to provide information on the measures taken or envisaged to strengthen its efforts in combating trafficking for labour exploitation, and to enhance the role of labour inspectorate in the monitoring mechanism in this regard.

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

The Committee notes the observations made on the 31 August 2016 by the Independent Trade Unions of Croatia (NHS) and the Union of Autonomous Trade Unions of Croatia (UATUC) on the situation of some workers who are not receiving their wages and are compelled to remain employed pending the reimbursement of their wages. The Committee requests the Government to provide comments on this matter. The Committee notes with concern that the Government’s report has not been received. The Committee expects that the next report will contain full information on the matters raised in its previous comments.

Article 25 of the Convention. Penal sanctions for the exaction of forced or compulsory labour. In its earlier comments, the Committee noted that the Government was considering a possibility to revise certain definitions and to improve the existing legal framework, in particular, by imposing more severe punishments for serious offences, including that covered by section 128 of the Penal Code (the illegal compulsion to act against a person’s will, which was applicable to punish the illegal exaction of forced or compulsory labour). The Committee expressed the hope that, in the course of the revision of the Penal Code, particular attention would be given to the effective implementation of Article 25 of the Convention. The Committee takes note of the adoption of a new Penal Code on 21 October 2011. The Committee requests the Government to provide information on penal sanctions imposed for cases of forced labour, specifying which provisions of the Penal Code were used to this end.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 25 of the Convention. Penal sanctions for the exaction of forced or compulsory labour. In its earlier comments, the Committee noted that the Government was considering a possibility to revise certain definitions and to improve the existing legal framework, in particular, by imposing more severe punishments for serious offences, including that covered by section 128 of the Penal Code (the illegal compulsion to act against a person’s will, which was applicable to punish the illegal exaction of forced or compulsory labour). The Committee expressed the hope that, in the course of the revision of the Penal Code, particular attention would be given to the effective implementation of Article 25 of the Convention. The Committee notes with regret that the Government’s report has not been received. However, the Committee takes note of the adoption of a new Penal Code on 21 October 2011. The Committee requests the Government to provide information on penal sanctions imposed for cases of forced labour, specifying which provisions of the Penal Code were used to this end.

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

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 comments.

Repetition

Article 25 of the Convention. Penal sanctions for the exaction of forced or compulsory labour. Referring to its earlier comments, the Committee notes the Government’s indication in its report that a new Penal Code is currently being drafted and that the Government is considering a possibility to revise certain definitions and to improve the existing legal framework, in particular, by imposing more severe punishments for serious offences, including that covered by section 128 of the present Penal Code (the illegal compulsion to act against a person’s will, which is applicable to punish the illegal exaction of forced or compulsory labour). The Committee hopes that, in the course of the revision of the Penal Code, particular attention will be given to the effective implementation of Article 25 of the Convention, which provides that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence”, and that “the penalties imposed by law are really adequate and are strictly enforced”, for example, by introducing a new provision punishing the illegal exaction of forced or compulsory labour. Pending the revision, the Committee again requests the Government to provide information on the application in practice of the abovementioned section 128 of the Penal Code currently in force, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

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

Article 25 of the Convention. Penal sanctions for the exaction of forced or compulsory labour. Referring to its earlier comments, the Committee notes the Government’s indication in its report that a new Penal Code is currently being drafted and that the Government is considering a possibility to revise certain definitions and to improve the existing legal framework, in particular, by imposing more severe punishments for serious offences, including that covered by section 128 of the present Penal Code (the illegal compulsion to act against a person’s will, which is applicable to punish the illegal exaction of forced or compulsory labour). The Committee hopes that, in the course of the revision of the Penal Code, particular attention will be given to the effective implementation of Article 25 of the Convention, which provides that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence”, and that “the penalties imposed by law are really adequate and are strictly enforced”, for example, by introducing a new provision punishing the illegal exaction of forced or compulsory labour. Pending the revision, the Committee again requests the Government to provide information on the application in practice of the abovementioned section 128 of the Penal Code currently in force, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

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

The Committee has noted the information provided by the Government in reply to its earlier comments concerning the application of penal provisions regarding a sentence of community work. It notes, in particular, a provision of section 54(1) of the Penal Code, under which the replacement of a sentence of imprisonment with community work outside prison premises may be decided by the court only with the consent of the convicted person concerned. It also notes the Government’s detailed explanations in its report concerning the application of a sentence of community work, as well as the texts of related regulations communicated by the Government.

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted the Government’s statement that section 128 of the Penal Code of 1997, which had replaced the former section 51 of the old Penal Law concerning the illegal compulsion to act against a person’s will, is applicable to punishment of the illegal exaction of forced or compulsory labour. The Committee again requests the Government to provide information on any application of section 128 in practice, supplying sample copies of the relevant court decisions. Recalling also that Article 25 of the Convention provides that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate and are strictly enforced”, the Committee asks the Government to indicate how effect is given or proposed to be given to this Article and to furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

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

1. Article 2(2)(c) of the Convention. Sentence of community work. The Committee previously noted the provisions of the Law on Community Work outside Prison (OGRC No. 128/99) concerning a possibility to replace a sentence of imprisonment of up to six months with community work outside the prison. It noted that community work is to be performed, under the courts’ decision, without deprivation of a person’s freedom and without remuneration, in accordance with an individual enforcement programme; such work shall not serve any gainful purpose. The Government indicated that the voluntary consent of the convicted person for the replacement of his sentence of imprisonment with community work is essential for the performance of such work.

The Committee has noted that, according to section 19(1) of the abovementioned Law, the Ministry of Justice concludes contracts with the state bodies, as well as with other corporations and institutions for the purposes of implementing the community work. The Committee wishes to recall in this connection that Article  2(2)(c) of the Conventionexpressly prohibits that convicts 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 under public supervision and control. The Committee therefore requests the Government to indicate, in its next report, how it is ensured that convicts performing community work are not hired to or placed at the disposal of private individuals, companies or associations without their consent and, in particular, how the voluntary consent of the persons concerned to work for a private user of community work is guaranteed. Please also supply a copy of the Procedural Rules concerning the types and conditions of community work adopted by the Ministry of Justice under sections 18(3) and 27 of the Law.

2. Article 25. The Committee previously noted the Government’s statement that section 128 of the new Penal Code of 1997, which had replaced the former section 51 of the old Penal Law concerning the illegal compulsion to act against a person’s will, is applicable to punishment of the illegal exaction of forced or compulsory labour. While noting the Government’s indication in the report that no decisions involving questions of principle relating to the application of the Convention have been passed by the courts of law, the Committee hopes that the Government will provide information on any application of the new section 128 in practice, as soon as such information becomes available, including information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

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

The Committee has noted the information provided by the Government in reply to its earlier comments.

1. Article 2(2)(c) of the Convention. The Committee has noted the provisions of the Act on the Enforcement of Prison Sentences, which entered into force on 1 January 2001, and the Regulations on Prison Labour of 2002, supplied by the Government, as well as the Government’s explanations concerning the work of convicted persons.

The Committee has noted from the Government’s report that the Law on Community Work outside Prison (OGRC No. 128/99) provides for a possibility to replace a sentence of imprisonment of up to six months with community work outside the prison. The Government indicates that community work is performed, under the courts’ decision, without deprivation of a person’s freedom and without remuneration, in accordance with an individual enforcement programme; such work shall not serve any gainful purpose.

The Committee requests the Government to supply a copy of the above Law and to indicate whether measures are taken to ensure that convicts performing community work are not hired to or placed at the disposal of private individuals, companies or associations and, if not, how the voluntary consent of the persons concerned to work for a private employer is guaranteed.

2. Article 25. The Committee previously noted the Government’s statement in its 2000 report that section 128 of the new Penal Code of 1997, which had replaced the former section 51 of the old Penal Law concerning the illegal compulsion to act against a person’s will, is applicable to punishment of the illegal exaction of forced or compulsory labour. The Committee again requests the Government to provide information on any application of the new section 128 in practice, including information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

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

The Committee notes the information provided by the Government in its report.

1.  Article 2, paragraph 2(c), of the Convention.  In its previous comments, the Committee noted the Government’s statement in the report that, according to the existing regulations, prison labour is not compulsory, but that convicted persons who wish to work are enabled to do so in accordance with their own capacities and the capacities of the penal institutions. The Government states in its latest report received in October 2000 that the new Act on Serving of Prison Sentences, which will enter into force on 1 January 2001, does not provide for an obligation of convicted prisoners to work; however, they are allowed to work on the basis of an employment contract. The Committee requests the Government to supply, with its next report, a copy of the new Act, so as to enable the Committee to ascertain its conformity with the Convention.

The Committee asks the Government once again to provide copies of the Law on Execution of Criminal Sanctions (currently in force) and the Regulations on Remuneration of Work of Sentenced Persons, as well as copies of employment contracts concluded for the work of convicted persons serving a prison sentence, to which the Government referred as enclosed to its latest report, but which have never been received in the ILO. In addition, please supply copies of the applicable regulations on the schedule of work, entrepreneurship in production units and the manufacturing and service activities.

2.  Article 2, paragraph 2(d).  With reference to its earlier comments concerning compulsory work in exceptional circumstances, the Committee requests the Government once again to provide a copy of the Decree on Acting under the Compulsory Work Order, 1994, which is mentioned by the Government as enclosed to the report, but was not received in the ILO.

3.  Article 25.  The Committee notes the Government’s statement in the report that section 128 of the new Penal Code of 1997, which has replaced the former section 51 of the old Penal Law concerning the illegal compulsion to act against a person’s will, is applicable to punishment of the illegal exaction of forced or compulsory labour. The Committee requests the Government to provide, in its future reports, information on any application of the new section 128 in practice.

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

The Committee notes with interest the information provided by the Government in its report.

1. Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(a), of the Convention. In its previous comments, the Committee asked the Government to state what guarantees are provided to ensure that (with the exception of emergency cases) services exacted during compulsory military service are used for purely military ends. The Committee notes from the report that, according to section 65 of the Defence Act and article 47 of the Constitution of the Republic of Croatia, "duties in the armed forces" means combat duties and auxiliary duties within the organizational structure of the armed forces. The Committee would be glad if the Government would include in future reports examples of the kind of auxiliary duties carried out under this provision.

2. The Committee also asked for information on the right of military officers and other career service personnel to leave the service. The Committee notes with interest the information provided in the report on this matter.

3. The Committee would ask the Government to provide the regulations applying to the resignation of civil servants and government employees referred to in the report.

4. Article 2, paragraph 2(b). The Committee, further to its previous comments, again asks the Government to indicate what work or service may be exacted as normal civic obligations (other than compulsory military service or cases of emergency).

5. Article 2, paragraph 2(c). In its previous comments, the Committee referred to the obligation of convicted prisoners to work (section 32 (1) of the Penal Code). The Committee notes with interest the detailed information and explanations given by the Government in its report. It notes particularly that, according to the existing regulations, work is not compulsory, but that convicted persons who wish to work are enabled to do so in accordance with their own capacities and the capacities of the penal institutions and other factors.

The Committee also notes the legislative provisions and rules concerning hours of work and remuneration, which must not be lower than the minimum wage in the previous quarter. It also notes that, if work is to be performed outside the penal institution, the latter has an obligation to conclude a contract to that effect. The Committee again asks the Government to provide a copy of the Law on Execution of Criminal Sanctions and the Regulations on Remuneration of Work of Sentenced Persons. It also asks the Government to send a copy of the Rules on the organization of productive and service activities in penal institutions mentioned by the Government in its last report, and, as an example, a model contract concluded for the work of a convicted person serving a prison sentence.

6. The Committee also notes that pursuant to the Serving of Prison Sentences Bill, the work of convicts is not obligatory but it is guaranteed and is to be performed on the basis of a contract of employment. Please send with the next report information on any progress in the examination and adoption of the Bill and a copy of the text as soon as it is adopted.

7. Article 2, paragraph 2(d). The Committee notes with interest the explanations provided by the Government on compulsory work in exceptional circumstances. It would ask the Government to provide a copy of the statutory Decree enacting the Order mentioned in the report.

8. Article 2, paragraph 2(e). The Committee again asks the Government to indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and if so, whether the members of the community have the right to be consulted in regard to the need for such services.

9. Article 25. The Committee again asks the Government to supply information on the application in practice of section 51 of the Penal Law. In its first report, the Government referred to that provision as punishing the illegal compulsion to act against a person's will. The Committee again asks the Government to indicate whether it is used to punish the illegal exaction of forced or compulsory labour.

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

The Committee notes with interest the information provided by the Government in its first and second reports on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points:

Article 2, paragraph 2(a), of the Convention. The Committee notes the Government's indications in the report concerning the use of the defence forces of the Republic of Croatia, in cases of emergency, for the performance of certain tasks of civil defence units, in order to assist them to remove the danger threatening the population (section 59 of the Defence Law). Please state what guarantees are provided to ensure that, with the exception of such emergency cases, services exacted during compulsory military service are used for purely military ends. Please also supply information on provisions applicable to military officers and other career servicemen, as regards their right to leave the service at their own request in time of peace, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2, paragraph 2(b). Please indicate any work or service (other than compulsory military service or work or service required in case of emergency) which may be exacted as normal civic obligations of citizens and therefore excluded from the definition of "forced or compulsory labour" under this provision of the Convention. This might include, for example, compulsory jury service or the duty to assist a person in danger.

Article 2, paragraph 2(c). The Committee notes that section 32(1) of the Penal Code provides for an obligation of convicted prisoners to work. It also notes the Government's statement in its first report that the work of convicts is organized in economic units of penitentiaries, as well as on sites outside penitentiaries. The Government indicates that, up to now, all this work has been organized in state enterprises. Please state what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also supply copies of the Law on Execution of Criminal Sanctions and of the Regulations on Remuneration for Work of Sentenced Persons, to which the Government refers in its first report, as well as copies of contracts concluded between penitentiary institutions and enterprises concerned governing the work of convicts in enterprises outside penitentiaries.

Article 2, paragraph 2(d). The Committee notes the provisions of article 17 of the Constitution concerning the restriction of individual freedoms and rights during a state of war or in cases of emergency; this article stipulates that the extent of such restrictions must correspond to the nature of the danger. It also notes sections 6 to 9 of the Defence Law which contain provisions concerning the obligation to perform labour in case of war or immediate danger to the independence and integrity of the country. Please indicate what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and 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 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee notes that the Government refers in its first report to a penal provision punishing the illegal compulsion to act against a person's will (section 51 of the Penal Law). It would be grateful if the Government would supply information on the application of this provision in practice, indicating, in particular, whether it is used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.