Forced Labour Convention, 1930 (No. 29) - Ukraine (RATIFICATION: 1956)

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Article 25 of the Convention. Penal sanctions for the exaction of forced labour. In its previous comments, the Committee requested the Government to provide information on the acts committed which led to the opening of criminal proceedings under section 173 of the Criminal Code regarding the exaction of labour. In this respect, the Committee notes the statistics on the labour inspection activities in the 2018 implementation report, in the context of inspection visits relating to undeclared work. The Committee notes from this report, that 554 cases relating to sections 172 (unlawful dismissal) and 173 (gross violation of an employment contract, including coercion to work) of the Criminal Code were investigated. The Committee notes, however, that no specific information was provided by the Government on the acts committed regarding specifically the coercion to work under section 173 of the Criminal Code, nor on the outcome of the relevant proceedings with respect to the sanction imposed. The Committee therefore once again requests the Government to provide information on the number and nature of violations detected under section 173 of the Criminal Code regarding the coercion to work, as well as on the initiation of criminal proceedings, including the number of convictions and the specific penalties applied.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and measures to combat trafficking in persons. In response to its previous comments, the Committee notes that the Government refers, in its report, to the 2016–2020 National Action Plan on combating trafficking in human beings and has communicated a copy of the 2018 implementation report on this Plan. It welcomes the detailed information therein on the activities taken to combat trafficking in persons, including multiple educational and awareness-raising activities, and the training of law enforcement officers, including prosecutors and judges.

The Committee also notes the 2018 report of the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the implementation by Ukraine of the Council of Europe Convention on Action against Trafficking in Human Beings. The report notes a number of positive developments, such as the establishment of specialized police units and prosecutors, and a marked increase in the number of investigations into trafficking in persons between 2016 and 2017 (from 115 to 347). GRETA also emphasizes the importance of taking additional measures, such as ensuring that investigations into the offence of trafficking in persons also lead to convictions, and that sentences are proportionate to the gravity of the offence. In this respect, the Committee notes from the information in the 2018 implementation report and the reference in that report to the website of the State Judicial Administration, that in 2018 the police investigated 291 cases of trafficking in persons pursuant to section 149 of the Criminal Code on trafficking in human beings, 185 of which were referred to public prosecution, of which 168 were submitted to the courts, which resulted in 15 convictions, and five prison sentences. The Committee notes with concern the low number of convictions regarding trafficking in persons, despite the significant number of cases brought to justice. In this regard, the Committee recalls that, by virtue of Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence, and the penalties imposed by law shall be adequate and strictly enforced. The Committee therefore strongly urges the Government to take the necessary measures to ensure strict application of the national legislation, so that sufficiently effective and dissuasive penalties of imprisonment are imposed and enforced against perpetrators. The Committee further requests the Government to continue providing information on measures taken in this regard, including training and capacity building of law enforcement authorities, as well as on the results achieved. It also requests the Government to continue providing information on the number of prosecutions, convictions and specific penalties applied pursuant to section 149 of the Criminal Code.

2. Protection and assistance for victims. In its previous comment, the Committee welcomed the measures taken by the Government to identify and provide protection and assistance to the victims of trafficking in persons and requested the Government to continue to provide information on measures taken in this regard.

Concerning the identification of victims of trafficking in persons, the Committee notes, from the 2018 implementation report and the 2018 GRETA report, the information on the training provided to relevant actors and an upward trend in the number of victims identified by the Ministry of Social Policy (27 victims identified in 2014, 83 in 2015, 110 in 2016, 198 in 2017, and 221 in 2018). However, the Committee also notes from the 2018 GRETA report that statistical data on trafficking in persons remains largely unconsolidated, as different actors (law enforcement agencies, Ministry of Social Policy, International Organization for Migration (IOM), NGOs and social service providers) have their own statistics on the number of victims of trafficking in persons. The GRETA report also recommends the recruitment and training of a sufficient number of labour inspectors on trafficking in persons for the purpose of labour exploitation.

Concerning the provision of assistance and support for victims of human trafficking, the Committee notes that, according to the 2018 implementation report, such victims were provided with financial assistance and services, such as consultations on employment, legal aid, medical examinations and psychological assistance in two of the 27 regions. The Committee also notes the recommendations made by GRETA to ensure adequate funding and staff to work with victims of trafficking in persons, and to provide a sufficient number of places for all victims who need safe accommodation. Noting the information in the 2018 report on the implementation of the 2016–2020 National Action Plan on combating trafficking in human beings, the Committee requests the Government to provide detailed information on the protection and assistance provided to victims of trafficking in persons. In this regard, it requests the Government to continue to provide information on the number of victims identified, the types of assistance and services provided to them and the number of those who have benefited from such assistance and services. It also requested the Government to provide information on any progress made regarding measures taken, such as training of labour inspectors, use of indicators and tools, and cooperation between the relevant actors, to improve the identification of victims of trafficking.

3. Vulnerability of displaced people to trafficking in persons. In its previous comment, the Committee noted the indication in the 2015 report of the United Nations Special Rapporteur on the human rights of internally displaced persons that the number of internally displaced persons had dramatically increased since early June 2014 (A/HRC/29/34/Add.3, para. 7). The Committee also noted that according to the Situation Analysis of June 2016 on human trafficking in Ukraine, the IOM reported that internally displaced people were targeted by unscrupulous intermediaries who offered brokerage services for emigration and receiving refugee status abroad.

In this respect, the Committee notes that the 2016–2020 National Action Plan on combating trafficking in human beings provides for a number of preventive activities, particularly on the risks for internally displaced persons of becoming victims of trafficking, and that a proposal has been made to develop a guide with indicators for the identification of victims of trafficking, including internally displaced persons. The Committee also notes from the 2018 implementation report that some awareness-raising activities were undertaken, aimed at or with the participation of internally displaced persons. The Committee notes from the 2018 GRETA report that GRETA remains concerned by the negative consequences of the large number of internally displaced persons, who have been identified as being vulnerable to trafficking in persons, on the fight against human trafficking. The Committee requests the Government to continue to take measures to ensure that internally displaced persons, placed in a vulnerable situation, do not become victims of trafficking in persons.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 25 of the Convention. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted that a number of persons had been convicted pursuant to section 173 of the Criminal Code on the exaction of work which has not been provided for in an employment contract, and sanctioned with fines. The Committee noted the Government’s indication that, pursuant to section 173, criminal proceedings were initiated in relation to seven persons in 2008, 14 persons in 2009 and 11 persons in 2010. Recalling that Article 25 of the Convention provides that the exaction of forced or compulsory labour shall be punishable as a penal offence, the Committee requests once again the Government to provide information on the acts committed which led to the opening of criminal proceedings under section 173 of the Criminal Code, and to provide copies of relevant court cases, with its next report. It also once again requests the Government to continue to provide up-to-date information on the application of section 173 in practice, including the number of convictions and the specific penalties applied.

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Article 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Prevention and law enforcement. The Committee previously noted the adoption of the Law on Combating Trafficking in Human Beings in 2011 and requested information on its implementation. The Committee also requested the Government to provide information on the number of convictions under section 149 of the Criminal Code and on the specific penalties applied.

The Committee takes note of the statistics provided in the Government’s report and notes that, since 2013, the investigative agencies carried out pretrial investigations for 307 offences under section 149 on trafficking in human beings of the Criminal Code. The Committee notes that pretrial investigations were completed in 153 offences, of which it was decided to refer 82 offences to court, accompanied by indictments. The Committee also notes that, from 2013 to 2016, 1,500 pretrial investigations were carried out under section 302 of the Criminal Code on the establishment or maintenance of brothels and procurement and 1,000 pretrial investigations were carried out under section 303 of the Criminal Code on pimping or involvement of another in prostitution. As of 1 April 2016, the Committee notes that the National Police had documented 36 offences under section 149 of the Criminal Code. During pretrial investigations, the Committee notes that offenders may be held in pretrial detention as a precautionary measure. The Committee takes note of the Government’s indication that, with a view to implementing the Trafficking in Human Beings Act, officers took part in different activities in 2016, such as workshops, a professional development course, a regional seminar and the opening workshop of the courts, all related to combating trafficking in persons. The Committee also notes that the focus of evaluation of police performance in combating trafficking in persons has shifted from the quantitative indicator of the number of offences recorded to the quality of pretrial investigations and prosecutions of traffickers. Such a shift makes identification of victims easier and allows essential assistance to a greater number of them. The Committee notes the Government’s indication that one of the main objectives of the law enforcement agencies is not only to bring guilty parties to justice but also to protect victims’ and witnesses’ rights.

The Committee further takes note of the report published on 19 September 2014 by the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the implementation by Ukraine of the Council of Europe Convention on Action against Trafficking in Human Beings. While noting the legal and policy framework put in place by the Government, the GRETA stresses the importance of taking additional measures such as training on trafficking in persons and on the rights of victims for all relevant professionals, as well as the development of a comprehensive and coherent statistical system on trafficking in persons (paragraphs 76 and 81).

Furthermore, the Committee takes note of the new National Action Plan for 2016–20 on Combating Trafficking in Human Beings, which was adopted in February 2016. In particular, the Committee notes that the National Action Plan will ensure the implementation of a comprehensive national policy on combating trafficking in human beings, increase the efficiency of central and local executive authorities and raise public awareness on issues connected to trafficking and assistance to victims. The Committee welcomes this information and encourages the Government to pursue its efforts to ensure that the Law on Combating Trafficking in Human Beings of 2011 is effectively enforced. The Committee requests the Government to take additional measures regarding prevention and coordination of action on combating trafficking in persons as well as prosecution, including strengthening the capacity of law enforcement bodies to better identify victims. The Committee also requests the Government to continue to provide statistical data on the number of prosecutions, victims identified, convictions and penalties imposed. Please, also provide a copy of the National Action Plan for 2016–20 as well as information on its objectives and on the measures taken for its implementation.

2. Protection and assistance for victims. The Committee previously noted that the Government approved systematic recommendations for providing social services to victims of trafficking in persons and that this new approach involved new non-governmental and international organizations in assisting and protecting victims. Moreover, the Committee noted the 21 social and psychological help centres which can provide comprehensive emergency assistance to facilitate the recovery of victims. The Committee requested the Government to pursue its efforts to identify victims of trafficking and to ensure that all such victims are supported with appropriate protection and assistance as provided for under the Law of 2011.

The Committee notes the Government’s indication that a system for combating trafficking in persons and providing assistance to victims has been set up in application of the Law on Combating Trafficking in Human Beings. Thus, the national coordination mechanisms for anti-trafficking bodies involve actors such as the Ministry of Social Policy, the National Police and the Ministry of Foreign Affairs. The Government also indicates that assistance must be provided not only to Ukrainian nationals but also to foreigners and that the status of victims of trafficking in persons involve medical, psychological and legal aid. According to the Government, the Ministry of Social Policy works constantly to improve the process of identifying victims of trafficking in persons and in cooperation with the International Organization for Migration (IOM) mission in Ukraine, the Ministry organized a national information campaign that started on December 2014. The Committee notes that as of 9 June 2016, the Ministry of Social Policy had recognized 212 individuals as victims of trafficking: 127 cases of labour exploitation, 34 of sexual exploitation, 35 cases of involvement in begging and five cases with a mixture of types of exploitation. The Committee takes note of the two projects conducted in collaboration with the IOM Mission in Ukraine which consist of analysing and drafting amendments to improve primary and secondary legislation on trafficking in persons, monitoring the implementation of measures to counter trafficking in persons and developing an electronic interactive training course for civil servants.

The Committee further notes that, while welcoming the measures taken by the Government on the protection and assistance of victims, the GRETA underlines the need to allocate the necessary human and financial resources and the quality of the services delivered by all services providers. The Committee also notes that the GRETA stresses the importance of adopting provisions on non-punishment of victims of trafficking in persons for their involvement in unlawful activities, to the extent that they were compelled to do so. Furthermore, the Committee notes the situation analysis of June 2016 by the IOM on human trafficking and its comments on the successful efforts of the Ministry of Social Policy to enhance victim identification. Noting the efforts made to provide protection and assistance to victims of trafficking in persons, the Committee requests the Government to continue to take measures in this regard and to provide information on the implementation of the National Action Plan for 2016–20, particularly regarding the measures taken to provide assistance to victims. It also requests the Government to provide information on the number of persons benefiting from these services.

3. Vulnerability of displaced people to trafficking in persons. The Committee notes the indication in the report of the United Nations Special Rapporteur on the human rights of internally displaced persons of 2 April 2015 that the number of internally displaced persons had dramatically increased since early June 2014 (A/HRC/29/34/Add.3, paragraph 7). The Committee also notes that according to the Situation Analysis of June 2016 on human trafficking in Ukraine, the IOM reports that internally displaced people are targeted by unscrupulous intermediaries who offer brokerage services for emigration and receiving refugee status abroad. The Committee notes that in 2015 and 2016, 19 cases of trafficking of internally displaced persons have been recorded by the IOM. The Committee observes that the situation in the non-governmental controlled territory remains of high concern. While acknowledging the difficult situation prevailing in the country, the Committee requests the Government to take the necessary measures to ensure that internally displaced persons, placed in a vulnerable situation, do not become victims of trafficking in persons.

The Committee is also raising other matters in a request addressed directly to Government.

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Article 25 of the Convention. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted that a number of persons had been convicted pursuant to section 173 of the Criminal Code on the exaction of work which has not been provided for in an employment contract, and sanctioned with fines.

The Committee notes the Government’s indication that, pursuant to section 173, criminal proceedings were initiated in relation to seven persons in 2008, 14 persons in 2009 and 11 persons in 2010. Recalling that Article 25 of the Convention provides that the exaction of forced or compulsory labour shall be punishable as a penal offence, the Committee requests the Government to provide information on the acts committed which led to the opening of criminal proceedings under section 173 of the Criminal Code, and to provide copies of relevant court cases, with its next report. It also requests the Government to continue to provide up-to-date information on the application of section 173 in practice, including the number of convictions and the specific penalties applied.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Prevention and law enforcement. The Committee previously noted the adoption of the Law on Combating Trafficking in Human Beings in 2011, and requested information on its application.

The Committee notes the information in the Government’s report that, pursuant to section 149 of the Criminal Code (on trafficking), there were 197 cases opened in 2011, 155 cases opened in 2012 and 71 cases opened in the first six months of 2013. With regard to prevention, the Government indicates that it has implemented measures to raise public awareness concerning forms of human trafficking frequently encountered in Ukraine, including through public advertisements, media events, interviews for newspaper, radio and television, the dissemination of information on websites, public awareness events and seminars and advisory services for persons who are looking to work abroad. The State Border Guard Administration is engaged in efforts to combat trafficking in persons, a national hotline on trafficking in persons has been established and the Government continues to collaborate with both the International Organization for Migration and the Organization for Security and Co-operation in Europe to combat the phenomenon.

While taking note of the measures taken, the Committee notes the Government’s statement, in a report submitted to the Committee on the Elimination of Discrimination against Women, of 19 September 2012, that trafficking in persons, especially women and children, is a pressing problem for Ukraine (CEDAW/C/UKR/CO/7/Add.1, paragraph 1). The Committee further notes that the Human Rights Committee, in its concluding observations dated 22 August 2013, noted with appreciation the Government’s efforts in preventing and combating trafficking in persons, but also expressed concern regarding the persistence of trafficking in the country (CCPR/C/UKR/CO/7, paragraph 16). The Committee urges the Government to strengthen its efforts to prevent, suppress and combat trafficking in persons, and to continue to provide information on the measures taken in this regard. Noting that the information provided only relates to the number of cases opened, the Committee requests the Government to provide information on the number of convictions under section 149 of the Criminal Code, as well as the specific penalties applied to those convicted. Lastly, it requests the Government to provide information on the implementation of the Law on Combating Trafficking in Human Beings with regard to prevention and law enforcement measures.

2. Protection and assistance for victims of trafficking in persons. The Committee notes the Government’s indication that it has approved systematic recommendations for providing social services to victims of human trafficking, and that its new approach involves the broad involvement of non-governmental and international organizations in assisting and protecting victims. Moreover, the country has 21 social and psychological help centres which can provide comprehensive emergency assistance to facilitate the recovery of victims, including medical, educational and legal services. The Ministry of Social Policy has been given the task of establishing the status of victims of trafficking and to provide financial assistance to such victims. The Government indicates that while 60 victims of human trafficking were identified in the first half of 2013, only 38 persons (15 women, 19 men and four children) were granted the status of a victim of trafficking between September 2012 and July 2013, based on applications received. Since July 2012, 23 persons have received lump-sum assistance available for victims of trafficking. Taking due note of the measures implemented by the Government, the Committee requests the Government to pursue its efforts to identify victims of trafficking and to ensure that all such victims are provided with appropriate protection and assistance. It requests the Government to continue to provide information on measures taken in this regard, including the implementation of protection measures provided for in the Law on Combating Trafficking in Human Beings in 2011, as well as the number of persons benefiting from available services.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the Law on Military Service, as amended up to 18 October 2011, supplied by the Government with its report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the adoption of the Law on Combating Trafficking in Human Beings, of 20 September 2011. The Committee also notes the statistical information on cases registered in 2007–10 under section 149 of the Criminal Code (Trafficking in human beings) and on the penalties imposed on perpetrators.

The Committee requests the Government to provide, in its next report, information on the application of the 2011 Law in practice, specifically on the various measures taken or envisaged under this Law with a view to preventing trafficking in persons (sections 9 and 10), assisting and protecting victims of trafficking (sections 13–19) and combating trafficking in persons. This should include the information on the investigations of criminal acts relating to trafficking and on the prosecution and punishment of perpetrators (sections 11 and 12 of the Law, read in conjunction with section 149 of the Criminal Code referred to above), indicating the penalties imposed and supplying copies of the relevant court decisions.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. In its earlier comments, the Committee referred to certain provisions of the Criminal Code, under which various sanctions (such as fines, correctional works, arrest or limitation of freedom) may be imposed for serious violations of labour legislation, including the exaction of work which has not been provided for in the employment contract (sections 173). The Committee also noted the Government’s repeated indication in its reports concerning the applicability of the above penal provisions to cases of the exaction of forced or compulsory labour and requested the Government to provide information on the application of section 173 in practice.

The Committee notes statistical information on the proceedings instituted under section 173 in 2007–10, supplied by the Government in its report. It notes, in particular, that two persons were convicted under this section in 2008 and six persons were convicted in 2010 (all convicts were punished with fines); no convictions were made in 2007 and 2009. The Committee requests the Government to provide information on the proceedings which led to the convictions in 2008 and 2010 under section 173 of the Criminal Code referred to above, supplying copies of the court decisions.

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The Committee notes with regret 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, which read as follows:

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Supply of legislation. The Committee requests the Government once again to provide a copy of the Law on Military Service of 18 June 1999, to which reference was made in the Government’s earlier reports.

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee referred to certain provisions of the Criminal Code, under which various sanctions (such as fines, correctional works, arrest or limitation of freedom) may be imposed for serious violations of labour legislation, including also the exaction of work which has not been provided for in the employment contract (section 173). Having noted the Government’s indications in its reports concerning the applicability of the above penal provisions to cases of the illegal exactions of forced or compulsory labour, the Committee requests the Government to provide information on the application of section 173 in practice, including information on any legal proceedings which have been instituted under this section as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed. Noting also the Government’s indication in its 2007 report that 376 cases were registered in 2006 under section 149 of the Criminal Code (trafficking in human beings), the Committee would appreciate it if the Government would provide information on the penalties imposed on perpetrators and supply sample copies of the relevant court decisions.

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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, which read as follows:

Supply of legislation. The Committee requests the Government once again to provide a copy of the Law on Military Service of 18 June 1999, to which reference was made in the Government’s earlier reports.

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee referred to certain provisions of the Criminal Code, under which various sanctions (such as fines, correctional works, arrest or limitation of freedom) may be imposed for serious violations of labour legislation, including also the exaction of work which has not been provided for in the employment contract (section 173). Having noted the Government’s indications in its reports concerning the applicability of the above penal provisions to cases of the illegal exactions of forced or compulsory labour, the Committee requests the Government to provide information on the application of section 173 in practice, including information on any legal proceedings which have been instituted under this section as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed. Noting also the Government’s indication in its 2007 report that 376 cases were registered in 2006 under section 149 of the Criminal Code (trafficking in human beings), the Committee would appreciate it if the Government would provide information on the penalties imposed on perpetrators and supply sample copies of the relevant court decisions.

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The Committee has noted the Government’s reply to its earlier comments. It requests the Government once again to provide a copy of the Law on Military Service of 18 June 1999, to which reference was made in the Government’s earlier reports.

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee referred to certain provisions of the Criminal Code, under which various sanctions (such as fines, correctional works, arrest or limitation of freedom) may be imposed for serious violations of labour legislation, including also the exaction of work which has not been provided for in the employment contract (section 173). Having noted the Government’s indications in its reports concerning the applicability of the above penal provisions to cases of the illegal exactions of forced or compulsory labour, the Committee requests the Government to provide information on the application of section 173 in practice, including information on any legal proceedings which have been instituted under this section as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed. Noting also the Government’s indication in its 2007 report that 376 cases were registered in 2006 under section 149 of the Criminal Code (trafficking in human beings), the Committee would appreciate it if the Government would provide information on the penalties imposed on perpetrators and supply sample copies of the relevant court decisions.

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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 following matters raised in its previous direct request:

1. The Committee notes a communication dated 30 May 2003 received from the Customs Employees Union of Ukraine, which contains the union’s comments on the draft disciplinary statute of the customs service, as well as the Government’s reply to these comments. In the absence of the draft text in question, the Committee does not consider it appropriate to draw any definite conclusions about its conformity to the Convention. However, the Committee notes from the Government’s reply that the State Customs Service of Ukraine was instructed to examine the union’s complaint and to ensure the participation of its representatives in the drafting process, and that some of the union’s comments and proposals on the draft were taken into account in its final version submitted to Parliament. The Committee hopes that the Government will keep the ILO informed of the developments and will supply the text for examination by the Committee, as soon as it is adopted.

2. Freedom to leave the service. In its earlier comments, the Committee noted that section 8(2) of the Act on the Social and Legal Protection of Members of the Armed Forces, of 20 December 1991, provides for a possibility for career military personnel to terminate their service at their own request. The Committee has also noted the Government’s indication in its latest report that section 26 of the Law on Military Service, of 18 June 1999, contains a similar provision in respect of career military officers. Referring to its earlier comments, the Committee asks the Government to indicate whether a request to be discharged from military service can be refused in time of peace, and if so, whether recourse is available against a decision of refusal. Please also supply a copy of the Law on Military Service, of 18 June 1999, referred to above.

3. Article 25 of the Convention. The Committee has noted the adoption of the new Criminal Code, which entered into force on 1 September 2001. It has noted the Government’s indications in the report that sections 172 and 173 of the new Criminal Code impose various sanctions (including fines, correctional works, arrest or limitation of freedom) for serious violations of labour legislation; such violations, according to the Government, may also cover the exaction of work which has not been provided for in the labour agreement. Having noted the Government’s explanations in its report concerning the applicability of the above sections of the new Criminal Code to cases of the illegal exactions of forced or compulsory labour, the Committee requests the Government to provide information on the application of these sections 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.

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1. The Committee notes a communication dated 30 May 2003 received from the Customs Employees Union of Ukraine, which contains the union’s comments on the draft disciplinary statute of the customs service, as well as the Government’s reply to these comments. In the absence of the draft text in question, the Committee does not consider it appropriate to draw any definite conclusions about its conformity to the Convention. However, the Committee notes from the Government’s reply that the State Customs Service of Ukraine was instructed to examine the union’s complaint and to ensure the participation of its representatives in the drafting process, and that some of the union’s comments and proposals on the draft were taken into account in its final version submitted to Parliament. The Committee hopes that the Government will keep the ILO informed of the developments and will supply the text for examination by the Committee, as soon as it is adopted.

2. The Committee has noted the Government’s reply to its earlier comments, including the information supplied in response to the Committee’s general observation of 2000 concerning measures to combat trafficking in persons for the purpose of exploitation.

Freedom to leave the service. In its earlier comments, the Committee noted that section 8(2) of the Act on the Social and Legal Protection of Members of the Armed Forces, of 20 December 1991, provides for a possibility for career military personnel to terminate their service at their own request. The Committee has also noted the Government’s indication in its latest report that section 26 of the Law on Military Service, of 18 June 1999, contains a similar provision in respect of career military officers. Referring to its earlier comments, the Committee asks the Government to indicate whether a request to be discharged from military service can be refused in time of peace, and if so, whether recourse is available against a decision of refusal. Please also supply a copy of the Law on Military Service, of 18 June 1999, referred to above.

Article 25 of the Convention. The Committee has noted the adoption of the new Criminal Code, which entered into force on 1 September 2001. It has noted the Government’s indications in the report that sections 172 and 173 of the new Criminal Code impose various sanctions (including fines, correctional works, arrest or limitation of freedom) for serious violations of labour legislation; such violations, according to the Government, may also cover the exaction of work which has not been provided for in the labour agreement. Having noted the Government’s explanations in its report concerning the applicability of the above sections of the new Criminal Code to cases of the illegal exactions of forced or compulsory labour, the Committee requests the Government to provide information on the application of these sections 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. Please also communicate a copy of the new Criminal Code of 2001.

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The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, the information concerning the organization of auxiliary labour in agriculture, which, according to the regulations on the procedure of the organization of seasonal works of 27 April 1998, is carried out on the basis of a contract concluded between a worker and an enterprise in accordance with the general labour legislation.

Freedom to leave the service. The Committee previously noted that section 8(2) of the Act on the Social and Legal Protection of Members of the Armed Forces, of 20 December 1991, refers to a possibility for career military personnel to terminate their service at their own request. Referring to its earlier comments, the Committee asks the Government to supply additional information on the rules governing acceptance or refusal of a request to be discharged from military service, and on any recourse available against a decision of refusal.

Article 25 of the Convention. The Committee has noted with interest the amendments made to the Criminal Code by Law No. 210 of 24 March 1998, according to which sanctions of imprisonment have been introduced for trafficking in persons with the purpose of exploitation of their labour. Referring also to the Government’s explanations in its report concerning the applicability of section 133 of the Criminal Code to cases of the illegal exactions of forced or compulsory labour, as well as to the Committee’s general observation on Convention No. 29 published in its report submitted to the 89th Session of the International Labour Conference, 2001, the Committee requests the Government to provide information on the application of section 133 in practice, such information to include a report as to any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

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Article 1(1) and Article 2(1) of the Convention. 1. Further to its previous comments, the Committee notes the information provided by the Government on the right of military career personnel to ask for termination of their service. The Committee would ask the Government to indicate in its next report whether a request by those concerned to be discharged from military service can be refused in time of peace, and to specify which is the competent authority and whether a recourse is available against a decision of refusal.

2. As regards auxiliary labour in agriculture or seasonal agricultural work based on a mutually agreed conditions, the Committee asks the Government to provide any relevant information on the manner in which such labour is organized in law and practice and to supply relevant texts.

Article 25. 3. The Committee notes the information on the sanctions under section 133 of the Penal Code in case of illegal exaction of forced labour, particularly sanctions other than pecuniary fines. The Committee would ask the Government to specify under what section these sanctions are mentioned, and to indicate whether they would be applicable in all cases involving the illegal exaction of forced labour, private employers as well as administrative bodies.

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The Committee notes the information provided by the Government in its report. It notes, in particular, that the new Constitution of Ukraine adopted on 28 June 1996 contains provisions prohibiting the use of forced labour (article 43), thus confirming the previously adopted national provisions on the subject.

1. With reference to its previous comments, the Committee notes with interest from the Government's report that, under point 2 of section 8 of the Act respecting the social and legal protection of military personnel and their family members, military personnel, with the exception of those serving for a fixed period, may at their own request be discharged from military service before they become entitled to retirement pensions. The Committee understands that discharge of military personnel at their own request is not dependent on other conditions for discharge, such as state of health. It would appreciate it if the Government would specify in its next report whether service will, in all cases be terminated at the unilateral request of those concerned, or whether termination depends on acceptance of the request by the authorities, and whether this may be refused in time of peace. The Committee would also appreciate it if the Government would supply a copy of the legal provision under which military personnel may ask for termination of their service.

2. Article 25 of the Convention. The Committee referred in its earlier comments to the enforcement of law, in particular section 31 of the Labour Code and section 133 of the Penal Code. The Committee noted the Government's indication in its previous report that penalties for infringement of labour legislation (administrative penalties in the form of fines under section 41 of the Code of Administrative Offences) had been strengthened by Act of 17 July 1992 which provided that fines for such offences, including section 41, were to be applied tenfold. The Committee also noted that a Bill to provide for an increase in the amount of the fine, including those under section 41, to up to ten times the minimum wage, was being prepared. It asked the Government to supply information on the action taken on this Bill. In addition, the Committee wondered whether pecuniary fines of the kind envisaged were really adequate to deter from the illegal exaction of forced labour, especially in times of inflation. The Committee accordingly requested the Government to give consideration to introducing into the Penal Code appropriate provisions to give effect to Article 25 of the Convention, and to report on any measures taken or contemplated to this end. The Committee also requested the Government to provide information on proceedings engaged and on sanctions applied under section 133 of the Penal Code.

Since no information has been supplied on these matters in the Government's latest report, the Committee hopes that the Government will not fail to supply the information requested in its next report.

3. As regards the use of auxiliary labour in agriculture, the Committee noted in its earlier comments the Government's indication that the recruitment of labour, formerly carried out under various decisions of governmental bodies of the Republic, is now organized exclusively on a voluntary basis. The Committee requested the Government to supply more details on the manner in which this voluntary labour is organized and to provide samples of agreements concluded between agricultural and industrial enterprises to which the Government referred in its previous report as to the basis for recruitment of labour for seasonal and agricultural work.

The Committee notes the Government' statement in its latest report that the practice of recruitment of labour for seasonal agricultural work based on mutually advantageous agreements between agricultural and industrial enterprises and exclusively on a voluntary basis, has not become widespread. In so far as the practice exists, the Committee reiterates its request to the Government to supply further details on the manner in which this voluntary auxiliary labour in agriculture is organized, in law and in practice, and to supply relevant texts.

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

1. Referring to its previous comments the Committee notes that on 20 December 1991 the Supreme Soviet adopted the Act respecting the social and legal protection of military personnel and their family members. The Committee notes the Government's indication that under section 8, subsection 2, "military personnel, with the exception of those serving for a fixed period, may not be discharged from military service until they become entitled to retirement pensions, except for cases in which their service is terminated at their own request in connection with their state of health, the end of their period of service or failure to fulfil the conditions of their contract" ... which shows, according to the Government, that legislation provides for the possibility of military personnel being discharged at their own request. The Government adds that under section 5 of the Act military personnel have the right to appeal in court against unlawful acts of military officials and military administrative bodies.

While noting the Government's indication on judicial remedies, the Committee notes, however, that under paragraph 2 of article 8 of the Act, discharge on own request for military personnel serving under a contract other than a fixed-term, is limited by reference to their state of health. The Committee would draw the Government's attention to paragraphs 67 to 73 of its 1979 General Survey on Forced or Compulsory Labour where it referred to restriction on freedom of workers to terminate employment and where it pointed out that persons in the service of the State, including military personnel, should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or by giving notice.

The Committee hopes that the Government will provide information on measures taken or envisaged with a view to ensuring the observance of the Convention in this respect.

2. Article 25 of the Convention. In its previous comments the Committee took note of observations made by the Malapolski Regional Direction of the Independent Self-Governing Trade Union "Solidarity" (Solidarnosc) and by the Local Committee of the Kharkov City Trade Union Organization of Engineering Workers, (communications of February, March, April 1991 and February 1992). In these communications it was alleged that forced labour had been used over many years everywhere in the former USSR in building factory and residential buidings, on vegetable production bases and in the execution of practically all kinds of agricultural tasks.

As concerns the use of auxiliary labour in agriculture, the Committee noted the Government's indication that the recruitment of labour, formerly carried out under various decisions of governmental bodies of the Republic, is now organized exclusively on a voluntary basis. The Committee requested the Government to supply more details on the manner in which this voluntary labour is organized.

The Committee notes that in relation to auxiliary labour in agriculture, the Government indicates that, unlike previous years, when the workforce was recruited on the basis of various decisions of Government bodies, the recruitment of labour for seasonal agricultural work, is currently organized exclusively on the basis of mutually advantageous agreements between agricultural and industrial enterprises which for various economic reasons have surplus labour at different times, and only on a voluntary basis.

The Committee would request the Government to provide samples of such agreements.

In relation to work in industry and building sites, the Committee referred to the enforcement of law, in particular section 31 of the Labour Code and section 133 of the Penal Code and also to questions raised in this connection as to the number of cases brought in the last years at the trade union's demand under section 133 of the Penal Code and as to the real power of the Chief Labour Inspector of the Regional Council of Trade Unions who could only impose a fine of 50 roubles and issue instructions for the elimination of the violation of labour legislation. The Committee expressed the hope that the Government would be in a position to supply full particulars on measures taken to ensure that penalties imposed by law for the illegal exaction of forced or compulsory labour are really adequate and are strictly enforced.

The Committee notes the Government's indication that penalties for infringement of labour legislation (administrative penalties in the form of fines under section 41 of the Code of Administrative Offences) have been strengthened by Act of 17 July 1992 which provides that fines for such offences, including section 41, are to be applied tenfold. The Committee also notes that a Bill to provide for an increase in the amount of the fine, including those under section 41, to up to ten times the minimum wage, is being prepared.

The Committee notes these indications with interest. It hopes that the Government will supply in its next report information on the action taken on this Bill. In addition, the Committee wonders whether pecuniary fines of the kind envisaged are really adequate to deter from the illegal exaction of forced labour, especially in times of inflation. The Committee accordingly requests the Government to give consideration to introducing into the Penal Code appropriate provisions to give effect to Article 25 of the Convention, and to report on any measures taken or contemplated to this end.

The Committee also requests the Government to provide information on proceedings engaged and on sanctions applied under section 133 of the Penal Code.

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The Committee notes with satisfaction that section 214 of the Penal Code concerning "persons leading a parasitic way of life", and the Order of 3 January 1985 of the Supreme Soviet of the Ukrainian SSR on the manner to applying this section, were repealed by Act of 7 July 1992 (No. 2547-XII).

The Committee likewise notes that by Order of 10 September 1991, No. 194, of the Council of Ministers, Order No. 138 of 10 March 1970 respecting measures to strengthen the struggle against persons evading socially useful work and leading a parasitic way of life, and Order No. 365 of 10 November 1987 respecting additional measures to recruit the unemployed part of the able-bodied population for socially useful work, were repealed.

The Committee finally notes with satisfaction that by Order of 7 July 1992 (No. 2548-XII), the Supreme Soviet of the Ukraine decreed that persons convicted under section 214 of the Penal Code be released from serving their sentences and that criminal proceedings against persons charged under the aforementioned section be dropped.

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1. In its general direct request of 1981, the Committee referred to paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour concerning restrictions on the freedom of workers to terminate their employment. It noted that in a number of countries the status of certain persons in the service of the State, including career members of the armed forces, is governed by statutory provisions under which the right to leave the service is subject to authorisation. In some cases a link is made between the length of training received and that of service normally required before resignation is accepted. In view of the fact that such restrictions may have a bearing on the application of the Conventions on forced or compulsory labour, the Committee once again requests the Government to supply with its next report information on national legislation and practice concerning the situation of the various categories of persons in the service of the State, with particular regard to their freedom to leave the service on their own initiative after a reasonable time, either at specified intervals or by giving notice.

2. With reference to its previous comments, the Committee notes the provisions of the Decree of 21 August 1985 of the Presidium of the Supreme Soviet of the Ukrainian SSR, supplied by the Government with its report, under which, due to the coming into force on 1 June 1985 of the Code respecting administrative offences, the Administrative Code of the Ukrainian SSR of 1927 (Official Journal of the Ukrainian SSR, 1927, No. 63-65, ct. 240) has become null and void.

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

1. Resignation of members of collective farms. The Committee notes with satisfaction that the freedom of members of collective farms to leave the farm, announced on 28 May 1987 in a communiqué of the Presidium of the Union Council of Collective Farms, has been written into the text of the new Model Collective Farm Rules adopted by the General Congress of Members of Collective Farms on 23 March 1988. According to these Model Rules, all members of collective farms have the right to resign by giving three month's written notice. Neither the management nor the general assembly of the members of a collective farm have the right to refuse applications to resign, which take effect after the three-month period, even in the absence of a reply. In addition, the management is obliged to hand out to the former member of the collective farm his work-book on the day on which the resignation takes effect. The Committee also notes with interest that by virtue of section 10 of Act No. 49 of 26 May 1988 respecting co-operatives, voluntary membership and free withdrawal are among the principles governing the activity of co-operatives.

2. Legislation concerning persons "leading a parasitic way of life". In its previous observations, the Committee referred to the provisions of section 214 of the Penal Code concerning persons "leading a parasitic way of life", and to the Order of 3 January 1985 of the Presidium of the Supreme Soviet of the Ukrainian SSR on the manner of applying this section. The Committee notes Order No. 11 of 28 December 1984 of the Plenum of the Supreme Court of the Ukrainian SSR, concerning court practice on this matter, which was supplied by the Government with its report. This Order defines "unearned income" by reference to means obtained through gambling, fortune-telling, begging, petty speculation and other illegal methods; the Order gives no definition of "other illegal methods".

The Committee has noted with interest the report submitted by the Government of the USSR to the Human Rights Committee in accordance with the International Covenant on Civil and Political Rights (Document CCPR/52/Add.6 of 2 October 1989) which refers in particular to the legislative programme approved by the Supreme Soviet for the defence of the rights and legitimate interests of citizens. In this connection, the Committee notes that the fundamental principles of penal legislation are currently under review.

The Committee hopes that on the occasion of the planned legislative changes, the Government will be able to envisage adopting measures to clearly exclude from the legislation any possibility of compulsion to work that is not in conformity with the Convention, either by repealing section 214 of the Penal Code, or by limiting the scope of this provision to persons engaging in illegal activities. The Committee hopes that the Government will supply information on developments in this direction.