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

Abolition of Forced Labour Convention, 1957 (No. 105) - Ukraine (Ratification: 2000)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Law on Political Parties. In its previous comments, the Committee noted that the violation of the Law on Political Parties of 2001 is punishable by administrative and penal sanctions (section 22). The Committee noted the Government’s indication that persons who violate this Law may be prosecuted under disciplinary, administrative, civil or criminal law, in accordance with the legislation currently in force. Thus, the Committee requested the Government to indicate the specific provisions to which it referred, under which criminal penalties could be imposed for violations of the Law on Political Parties, as well as copies of the relevant legislation.

The Committee notes the Government’s indication in its report that the Criminal Code penalizes deliberate obstruction of the lawful activities of political parties or their organs (section 170). It also punishes endangerment of the life of a Ukrainian political party leader or the lives of his or her close relatives, threats to murder or injure the leader or his or her close relatives or to destroy or damage their property and to kidnap or imprison them in connection with the political party leader’s governmental or political activities (sections 112 and 346). It also indicates that the Code on Administrative Offences establishes administrative penalties for breaches of statutory procedures for making or receiving contributions in support of political parties and for making or receiving state funding for the activities of political parties that are prescribed by their by-laws.

The Committee requests the Government to provide information, in its future reports, on the application of the Law on Political Parties in practice, including on the offences, the number of convictions and the specific penalties imposed.

Article 1(c). Sanctions for violation of labour discipline. The Committee previously noted that, under section 367 of the Criminal Code, the non performance or improper performance by an official of his duties as the result of a negligent attitude, causing substantial harm or other grave consequences to the legitimate rights and interests of persons or to state interests, is punishable with correctional works or limitation of freedom (which involves compulsory labour, by virtue of section 107-2 of the Correctional Labour Code). The Committee requested the Government to provide information on the application of section 367 of the Criminal Code in practice so as to enable the Committee to ascertain that this provision is not used as a means of labour discipline within the meaning of the Convention. The Committee also requested the Government to provide information on the number of prosecutions, convictions and penalties applied pursuant to section 367 of the Criminal Code.

The Committee notes from the statistics provided by the Government that from 2011 to 2015, 4,985 decisions were pronounced under section 367 of the Criminal Code. However, the Committee notes a significant decrease in the application of section 367. Thus, in 2011 there were 1,581 convictions under this provision and in 2015 there were only 319 convictions. The Committee notes that in 2014 and 2015 correctional work was not applied as a sanction under section 27. The Committee recalls that in its General Survey of 2007 on the eradication of forced labour, it observed in respect of the sanctions applicable in the public service that the “Convention does not prohibit the imposition of sanctions (involving compulsory labour) on persons responsible for breaches of labour discipline that impair or are liable to endanger the operation of essential services, or which are committed either in the exercise of functions that are essential to safety and in circumstances where life or health are in danger. However, in such cases there must exist an effective danger, not mere inconvenience” (paragraph 175). The Committee takes due note of the significant decrease in the use of section 367 of the Criminal Code and requests the Government to continue to provide information on the scope of application of section 367, as well as on the number of prosecutions, convictions and penalties applied, in order to ascertain that section 367 is not used as a means of labour discipline within the meaning of the Convention.

Article 1(d). Sanctions for having participated in strikes. In its previous comments, the Committee noted that pursuant to section 30 of the Collective Labour Disputes Resolution Act, 1998, workers participating in a strike declared illegal by a court shall be held liable pursuant to procedures prescribed by law. It noted the Government’s statement that workers participating in illegal strikes are subject to disciplinary sanctions, pursuant to section 28 of the Collective Labour Disputes Resolution Act. It also noted that pursuant to section 293 of the Criminal Code, a term of imprisonment (involving compulsory labour) of up to six months may be imposed for organized group action violating public order, or resulting in disturbances of the operation of transport or work of enterprises, institutions or organizations. The Committee requested the Government to provide information on the application of section 293 of the Criminal Code.

The Committee notes from the statistics provided by the Government that from 2011 to 2015 there were five judicial decisions handed down under section 293 and two of them led to convictions.

Referring to its General Survey of 2012 on the fundamental Conventions, the Committee recalled that the Convention lays down a general prohibition to have recourse to any form of forced or compulsory labour “as a punishment for having participated in strikes”. However, the Committee also recalls that the Convention does not prohibit “the punishment of breaches of public order (acts of violence, assault or destruction of property) committed in connection with the strike; any sanctions (even involving compulsory labour) for offences of this kind obviously fall out the scope of the Convention” (paragraph 313). While noting the information provided by the Government and in the light of the above comments, the Committee requests the Government to continue to provide information on the application of section 293 of the Criminal Code in practice and to ensure that the application of this provision is limited to the circumstances mentioned above and that no sanction involving compulsory labour can be imposed for the mere fact of peaceful participation in a strike.

Communication of texts. The Committee once again requests the Government to supply copies of the legislation in force governing meetings and demonstrations, as well as a copy of the legislation regulating the service conditions on board merchant shipping vessels.