Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 29) sur le travail forcé, 1930 - Serbie (Ratification: 2000)

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.