Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Serbie (Ratification: 2003)

Communication of texts. The Committee notes the Law on Political Parties and the Broadcasting Law, supplied by the Government with its report. It requests the Government once again to provide, with its next report, copies of laws governing assemblies, meetings and demonstrations.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for the expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Criminal Code:

• -section 317: instigating national, racial and religious hatred and intolerance;
• -section 343: causing panic or serious disruption of public peace and order, including acts committed through media or at public gatherings.

The Committee observed that the above provisions of the Criminal Code provide for penal sanctions involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their application in practice. It recalled that sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of views that are critical of government policy and the established political system. The Committee requests the Government once again to provide information on the application of the above provisions in practice, supplying copies of the court decisions which could define or illustrate their scope, in order to enable the Committee to assess their conformity with the Convention.

Article 1(d). Sanctions for participating in strikes. Referring to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee previously noted that, according to section 167 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment of up to three years (which involves compulsory prison labour), if the strike endangers, inter alia, “property of considerable extent”. The Committee recalls, referring also to the explanations in paragraph 189 of its 2007 General Survey on the eradication of forced labour that, regardless of the legality of the strike action in question, no sanctions of imprisonment should be imposed against a worker for peaceful participation in a strike. Noting that the Government’s report contains no information in this regard, the Committee hopes that measures will be taken to ensure that no sanctions involving compulsory labour could be imposed for the mere fact of organizing or peacefully participating in a strike. Pending the adoption of such measures, the Committee requests the Government once again to provide information on the application of section 167 of the Criminal Code in practice, supplying copies of court decisions and indicating the penalties imposed.