Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. Criminal Code. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour) may be imposed for the offence of causing panic or serious disruption of public peace and order, including acts committed through media or at public gatherings (pursuant to section 343 of the Criminal Code) and for instigating national, racial and religious hatred and intolerance (section 317 of the Code).

The Committee once again observes that these 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 therefore recalls that Article 1(a) of the Convention prohibits the imposition of a prison sentence, involving compulsory labour, as a punishment for holding or expressing political views. Noting an absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the application of both sections 317 and 343 of the Criminal Code in practice, in particular by supplying copies of relevant court decisions which could define or illustrate their scope, in order to enable the Committee to assess their conformity with the Convention.

2. Public Assembly Act. The Committee notes the copy of the Public Assembly Act, submitted with the Government’s report. It notes that, pursuant to section 15 of the Act, penalties of imprisonment for a maximum of 60 days may be imposed on organizers of a public assembly who have not taken the measures to maintain order in the assembly, who have not submitted an application to the Ministry of Interior at least 48 hours prior to the scheduled beginning of the assembly, or who hold an assembly regardless of a ban issued under the Act.

Referring to paragraph 302 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that freedom of expression of political views cannot be fully enjoyed unless there is a guarantee of the right of association and of assembly through which citizens seek to secure the dissemination and acceptance of their views. Therefore, provisions requiring the granting of prior authorization for meetings and assemblies at the discretion of the authorities, where violations can be punished by sanctions of imprisonment involving compulsory labour, are not compatible with the Convention. The Committee accordingly requests the Government to take the necessary measures to ensure that the abovementioned provisions of the Public Assembly Act are not applied in a manner which could result in the imposition of penalties of imprisonment, involving compulsory labour, for holding or expressing political views as a consequence of restrictions on public assemblies. In this regard, it requests the Government to provide information on the application of section 15 of the Public Assembly Act in practice.

Article 1(d). Sanctions involving compulsory labour for participating in strikes. The Committee previously noted that, pursuant 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” or if grave consequences result therefrom.

In this regard, the Committee once again recalls that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour as a punishment for having participated peacefully in a strike, including penalties of imprisonment involving compulsory labour. With reference to paragraph 315 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee reminds the Government that regardless of the legality of the strike action, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and the authorities should not have recourse to measures of imprisonment for the mere fact of organizing or participating in a strike. With reference to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee urges the Government to take the necessary measures to amend section 167 of the Criminal Code so as to ensure that penalties of imprisonment (involving compulsory labour) cannot be imposed for peacefully participating in a strike. It requests the Government to provide information on measures taken in this regard in its next report.