Forced Labour Convention, 1930 (No. 29) - Czechia (Ratification: 1993)
Protocol of 2014 to the Forced Labour Convention, 1930 - Czechia (Ratification: 2016)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee welcomes the ratification by Czechia of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government has not been received, the Committee hopes that the Government will provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Programme of action. The Committee notes that according to the evaluation of the National Strategy for Combating Trafficking in Persons (the Strategy) for the period 2016–2019, most of its objectives have been fully reached. The Committee observes that the elaboration of the new Strategy for the period 2020–2023 was based on the findings of the evaluation of the previous strategy, the annual reports on the state of trafficking in persons as well as the recommendations from international bodies. The Committee notes that the three main goals of the new Strategy are the strengthening of the identification of victims of trafficking, the prevention and assistance provided to victims of trafficking, and the cooperation in combating trafficking in persons at national and international levels. The Government indicates that the Minister of the Interior shall submit the evaluation of the Strategy for the period 2020–2023, together with the draft Strategy for the next period, by 31 March 2023. The Committee welcomes the approach adopted for the elaboration of the new strategy for the period 2020–2023 and requests the Government to continue to provide information on the measures taken for its implementation as well as on the outcome of its evaluation, indicating the results achieved, the difficulties encountered, and the measures taken to overcome them.

2. Penalties and law enforcement. The Committee notes from the information provided by the Government that under section 168 of the Penal Code criminalizing trafficking in persons, the number of detected crimes was 16 in 2017, 13 in 2018, 20 in 2019, and 18 in 2020. The Committee further notes that in 2017, 24 people were prosecuted and nine were convicted; in 2018, 15 people were prosecuted and 16 were convicted; in 2019, 26 were prosecuted and 12 were convicted; and in 2020, 20 were prosecuted and eight were convicted. The Committee notes that the Strategy for the period 2020–2023 identified among the tasks to be undertaken the creation of a unified list of indicators of trafficking in persons, education of stakeholders in the identification of victims, and training of police officers in this regard.

The Committee observes that, in its 2020 report, the Group of Experts on Action Against Trafficking in Human Beings (GRETA) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Czechia drew the Government’s attention to the need to increase the number of cases prosecuted in the field of trafficking in persons for the purpose of labour exploitation (paragraphs 234 and 255). The Committee further observes that the United Nations Human Rights Committee, in its 2019 concluding observations, expressed concern about the prosecution of trafficking crimes as pimping, and the ensuing significantly lower sentences (CCPR/C/CZE/CO/4, paragraph 30).

The Committee requests the Government to pursue its efforts and strengthen the training and the capacities of law enforcement bodies to ensure that cases of trafficking in persons, for the purpose of both labour and sexual exploitation, are identified and subject to thorough investigations, so as to facilitate the prosecution and imposition of effective and dissuasive penalties on perpetrators. The Committee requests the Government to continue to provide information in this regard as well as on the application of section 168 of the Penal Code in practice, including the number of investigations, prosecutions, convictions as well as the specific penalties applied.

3. Identification and protection of victims. The Committee notes the Government’s indication that the number of potential victims of trafficking who received support under the Programme for Support and Protection of Victims of Trafficking was 24 in 2017, 17 in 2018, 15 in 2019, and 13 in 2020. The Government indicates that the purpose of this Programme is to provide support to victims, ensure protection of their human rights and, at the same time, motivate such victims to assist law enforcement bodies in the detection, prosecution, and conviction of offenders of trafficking in persons. The Committee observes from the website of the Department of Crime Prevention of the Ministry of the Interior, that upon the expiration of 60 days after entry to the Programme, victims of trafficking continue to benefit from the Programme only in case of their agreement to co-operate with law enforcement bodies in a criminal investigation into a trafficking in persons crime. In this respect, the Committee observes that, in its 2020 report, the GRETA concluded that the identification system of victims of trafficking risks leaving out those who are unable or unwilling to co-operate with the authorities in a criminal investigation (paragraph 162). The Committee requests the Government to provide detailed information on the measures taken to ensure that appropriate protection and assistance is guaranteed to all victims of trafficking for both sexual and labour exploitation, irrespective of their acceptance to cooperate with law enforcement bodies. The Committee further requests the Government to continue to provide information on the number of victims of trafficking identified and the number of those who received the services available within the framework of the Programme to Support and Protect Victims of Trafficking in Persons as well as the types of services provided (such as resident permits, recovery period, accommodation, andhealth services).

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Programme of action. The Committee previously noted the detailed information provided by the Government on the measures taken to prevent and combat trafficking in persons in the framework of the National Strategy to Combat Trafficking in Human Beings (2008–11) and (2012–15).

The Committee notes the Government’s information in its report that the National Strategy for Combating Human Trafficking for the period 2016–19 was adopted on 27 April 2016. The Minister of the Interior is bound to submit by 31 March 2020 the evaluation of the current National Strategy and a draft for the next period. The Committee also notes the evaluation report of the National Strategy 2012–15 submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee therefore requests the Government to continue providing information on the implementation of the National Strategy for Combating Human Trafficking 2016–19, including a copy of its evaluation report. It also requests the Government to provide information on the adoption of a new National Strategy for the next period.

2. Penalties and law enforcement. The Committee previously noted the detailed information provided by the Government on the application in practice of section 168 of the Penal Code, including the number of cases of trafficking detected, individuals accused, and perpetrators convicted under section 168. The Committee also noted the copies of court decisions supplied by the Government, which illustrated the penalties imposed and sentences handed down pursuant to the abovementioned provision of the Penal Code. Finally, the Committee noted the Government’s indication that section 168 has been amended by Act No. 141/2014 with a view to broadening its scope so as to include the act of “recruiting a child or other person for the purpose of forced labour” among the acts punishable under the crime of trafficking in persons.

The Committee notes the Government’s information that, in 2014, 25 people were accused and six were convicted; in 2015, 18 people were accused and 19 were convicted; and in 2016, 19 people were accused and eight were convicted. The Government indicates that, due to the organizational changes within the Police, the National Service against Organized Crime of the Criminal Police and Investigation Service was established on 1 August 2016, which, among others, took over the responsibilities for human trafficking. The Police President drafted a new instrument on human trafficking, which has been submitted for approval. The Committee also notes that the Government has ratified the Protocol to Prevent, Supress and Punish Trafficking in Persons, Especially Women and Children to the United Nations Convention against Transnational Organized Crime (Palermo Protocol) in 2015 and the Council of Europe Convention on Action against Trafficking in Human Beings in 2017. The Committee therefore requests the Government to continue providing information on the application in practice of section 168 of the Penal Code criminalizing trafficking in persons, including the number of convictions and specific penalties applied.

3. Identification and protection of victims. The Committee previously noted the comprehensive information on the measures adopted and results achieved in the context of the Programme to Support and Protect Victims of Trafficking in Human Beings. It noted, in particular, the statistical information on the number of victims of trafficking for both sexual and labour exploitation who were assisted by the Programme since 2010.

The Committee notes the Government’s information that, according to the statistics from the police, 67 victims of human trafficking were identified in 2014, 50 were identified in 2015 and 38 were identified in 2016. The Government also indicates that, within the framework of the Programme to Support and Protect Victims of Trafficking in Human Beings, victims are provided with accommodation, psychosocial services, health services, interpretation services, legal assistance and job-searching assistance. In 2014, there were 43 victims of human trafficking admitted to the programme, all related to labour exploitation. In 2015, there were four victims admitted, of which one was subjected to labour exploitation and three to sexual exploitation. In 2016, 14 victims (six females and eight males) were admitted, of which nine were subjected to labour exploitation and five to sexual exploitation. The Committee requests the Government to continue providing information on the number of victims of trafficking identified, as well as the number of those who received the services provided within the framework of the Programme to Support and Protect Victims of Trafficking in Human Beings.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

With regard to its previous comments concerning sentences of community work, the Committee notes the information provided by the Government on the entities authorized to receive convicts to undertake community work, as well as on the requirement for the consent of convicts to perform such work.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the detailed information provided by the Government on the application in practice of section 168 of the Penal Code, as well as on the measures taken to prevent and combat trafficking in persons in the framework of the National Strategy to Combat Trafficking in Human Beings (2008–11) and (2012–15). The Committee notes, in particular, the statistical information on the number of cases of trafficking detected, individuals accused, and perpetrators convicted under section 168. The Committee also notes the copies of court decisions supplied by the Government, which illustrate the penalties imposed and sentences handed down pursuant to the abovementioned provision of the Penal Code. The Committee notes further the comprehensive information on the measures adopted and results achieved in the context of the Programme to Support and Protect Victims of Trafficking in Human Beings. It notes, in particular, the statistical information on the number of victims of trafficking for both sexual and labour exploitation who were assisted by the Programme since 2010. Finally, the Committee notes the Government’s indication that section 168 has been amended by Act No. 141/2014 with a view to broadening its scope so as to include the act of “recruiting a child or other person for the purpose of forced labour” among the acts punishable under the crime of trafficking in persons. Taking due note of the measures taken and results achieved, the Committee encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, and to continue to provide information on the steps taken to this end, including with regard to the application of section 168 of the Penal Code in practice. The Committee also strongly encourages the Government to pursue its efforts to provide protection and assistance to all victims of trafficking, irrespective of their participation or cooperation in legal proceedings, and to continue to provide information in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the information provided by the Government on the application in practice of the National Strategy to Combat Trafficking in Human Beings (2008–11), as well as the Framework Strategy to prevent Trafficking in Human Beings and Basic Operational Principles of the Programme to Support and Protect Victims of Trafficking in Human Beings, annexed to the Government’s report. It also notes with interest the adoption of the new Criminal Code (Act No. 40/2009 Coll.) which contains provisions punishing human trafficking with heavy sentences of imprisonment (section 168). The Committee would appreciate it if the Government would provide, in its next report, information on the application of section 168 in practice, supplying sample copies of the court decisions and indicating the penalties imposed on perpetrators.

Article 2(2)(c). Sentence of community work. Further to its earlier comments, the Committee notes the provisions of the new Criminal Code concerning a sentence of community service (sections 62–65), which may be imposed by a court, as an alternative to imprisonment, for a term of up to 300 hours, such service being performed by a convicted person free of charge for socially beneficial purposes, in the form of maintenance of public areas, cleaning and maintenance of public buildings and roads, etc. The Committee notes that community service can be performed for the state or other non-profit institutions engaged in education and science, culture, health protection, support and protection of youth, as well as in humanitarian, social, charitable, religious and sport activities.

The Committee draws the Government’s attention once again to a provision of Article 2(2)(c) of the Convention, which expressly prohibits that convicted persons are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory work of convicted persons does not extend to their work for private parties, even if they are not for profit and even if they are under public supervision and control. The Committee also refers to the explanations contained in paragraphs 123–128 of its 2007 General Survey on the eradication of forced labour, where the Committee has considered that, in order to ensure compliance with the Convention in a situation where community work may be performed for private institutions, such as e.g. charitable bodies, convicted persons must give their formal consent to perform community work.

The Committee notes from the Government’s explanations in the report and from the wording of section 64 of the new Criminal Code, that, though the court will take into account the standpoint of the offender as regards the imposition of the penalty of community work, there is no requirement in the legislation that such penalty should be imposed with the consent of the offender. The Committee therefore hopes that measures will be taken with a view to adopting a provision requiring the offender’s prior consent to perform work for any other entity than a public institution (e.g. similarly to the provision of section 30(4) of Act No. 169/1999 Coll., as amended by Act No. 346/2007 Coll., concerning the work of persons serving sentences of imprisonment, referred to in the Government’s report). Pending the adoption of such measures, and noting also the Government’s indications that community service can only be performed in favour of municipal authorities or in favour of the so-called publicly beneficial companies, and that the lists of appropriate entities are maintained by the local authorities of the Probation and Mediation Service in the area of the district courts, the Committee also requests the Government to provide sample copies of such lists of authorized entities, giving also examples of the types of work to be performed as community service.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons. Referring to its comments addressed to the Government under Convention No. 182, likewise ratified by the Czech Republic, the Committee has noted the adoption of a new section 232a of the Penal Code concerning trafficking in persons (introduced by Act No. 537/2004), as well as the information provided by the Government on the application in practice of the penal provisions concerning trafficking and related crimes. It has also noted the information on measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including victim protection measures, taken under the National Strategy to Combat Trafficking of 2003, as well as the adoption of the National Strategy for the years 2005–07 (approved by Government resolution No. 957 of 2005). The Committee would appreciate it if the Government would provide, in its next report, information on the application in practice of the National Strategy adopted in 2005 and on further legislative developments in this field (e.g. in connection with the perspective of the adoption of the new Penal Code), indicating, in particular, measures taken to ensure that penal provisions punishing perpetrators are strictly enforced.

Article 2, paragraph 2, subparagraph (c). Sentence of community work. The Committee previously noted that sections 45 and 45a of the Penal Code, as amended, provide for a sentence of community work (publicly beneficial work), which may be imposed by a court, as an alternative to imprisonment, for a term of up to 400 hours, such work being performed by a convicted person free of charge and must not serve profitable purposes. The Committee also noted that Act No. 265/2001 amending the Penal Code expanded the range of work to be performed by convicted persons, which currently can be performed for the state or other communal institutions dealing with education and science, culture, school system, health protection, support and protection of youth, as well as with humanitarian, social, charity, religious and sport activities.

The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that convicted persons are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory work of convicted persons does not extend to their work for private parties, even if they are not for profit and even if they are under public supervision and control. The Committee also refers to the explanations contained in paragraphs 123–128 of its General Survey of 2007 on the eradication of forced labour, where the Committee has considered that, in order to ensure compliance with the Convention in a situation where community work may be performed for private institutions, such as e.g. charitable bodies, convicted persons must give their formal consent to perform community work.

The Committee notes from the Government’s explanations in the report and from the wording of section 45a of the Penal Code, that, though the court will take into account the standpoint of the offender as regards the imposition of the penalty of community work, there is no requirement in the legislation that such penalty should be imposed with the consent of the offender. Noting also the Government’s indications concerning selection of the organizations where the penalty of community work is to be performed, as well as respective provisions of the Rules of Criminal Procedure (No. 141/1961) and the Internal and Office Procedure for District, Regional and Supreme Courts (Instruction of the Ministry of Justice No. 505/2001), the Committee requests the Government to indicate clearly, in its next report, whether community work can be performed for any private institution acting in the community interest and to provide a list of authorized associations and institutions, giving also examples of the types of work to be performed as community work. Please also indicate measures taken or envisaged to ensure the conformity with the Convention on this point.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee has noted the information provided by the Government in its report. It has noted, in particular, the adoption of the new Military Service Act (No. 585/2004) which abolished compulsory military service and introduced a principle of voluntary enlistment into the armed forces.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Referring to its comments addressed to the Government under Convention No. 182, likewise ratified by the Czech Republic, the Committee has noted the adoption of a new section 232a of the Penal Code concerning trafficking in persons (introduced by Act No. 537/2004), as well as the information provided by the Government on the application in practice of the penal provisions concerning trafficking and related crimes. It has also noted the information on measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including victim protection measures, taken under the National Strategy to Combat Trafficking of 2003, as well as the adoption of the National Strategy for the years 2005–07 (approved by Government resolution No. 957 of 2005). The Committee would appreciate it if the Government would provide, in its next report, information on the application in practice of the National Strategy adopted in 2005 and on further legislative developments in this field (e.g. in connection with the perspective of the adoption of the new Penal Code), indicating, in particular, measures taken to ensure that penal provisions punishing perpetrators are strictly enforced.

Article 2(2)(c). Sentence of community work. The Committee previously noted that sections 45 and 45a of the Penal Code, as amended, provide for a sentence of community work (publicly beneficial work), which may be imposed by a court, as an alternative to imprisonment, for a term of up to 400 hours, such work being performed by a convicted person free of charge and must not serve profitable purposes. The Committee also noted that Act No. 265/2001 amending the Penal Code expanded the range of work to be performed by convicted persons, which currently can be performed for the state or other communal institutions dealing with education and science, culture, school system, health protection, support and protection of youth, as well as with humanitarian, social, charity, religious and sport activities.

The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that convicted persons are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory work of convicted persons does not extend to their work for private parties, even if they are not for profit and even if they are under public supervision and control. The Committee also refers to the explanations contained in paragraphs 123–128 of its General Survey of 2007 on the eradication of forced labour, where the Committee has considered that, in order to ensure compliance with the Convention in a situation where community work may be performed for private institutions, such as e.g. charitable bodies, convicted persons must give their formal consent to perform community work.

The Committee notes from the Government’s explanations in the report and from the wording of section 45a of the Penal Code, that, though the court will take into account the standpoint of the offender as regards the imposition of the penalty of community work, there is no requirement in the legislation that such penalty should be imposed with the consent of the offender. Noting also the Government’s indications concerning selection of the organizations where the penalty of community work is to be performed, as well as respective provisions of the Rules of Criminal Procedure (No. 141/1961) and the Internal and Office Procedure for District, Regional and Supreme Courts (Instruction of the Ministry of Justice No. 505/2001), the Committee requests the Government to indicate clearly, in its next report, whether community work can be performed for any private institution acting in the community interest and to provide a list of authorized associations and institutions, giving also examples of the types of work to be performed as community work. Please also indicate measures taken or envisaged to ensure the conformity with the Convention on this point.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has noted the Government’s reply to its previous direct request, as well as a communication received from the Czech-Moravian Confederation of Free Trade Unions (CMKOS) in October 2004, which contains comments concerning the application of the Convention by the Czech Republic. It has noted that a new draft legislation on the armed forces aiming at the abolishing of compulsory military service is under consideration by Parliament. The Committee would appreciate it if the Government would keep the ILO informed of the developments in this field. 

1. Trafficking in persons for the purpose of exploitation. Referring to its comments addressed to the Government under Convention No. 182, likewise ratified by the Czech Republic, the Committee has noted the information provided by the Government on measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. It has noted, in particular, the Government’s indication that a new draft section 146 of the Penal Code aiming at reinforcing sanctions for trafficking in persons has been submitted to Parliament for adoption, and that the National Strategy against Trafficking, which includes measures on victim protection, was approved in September 2003. The Committee requests the Government to supply a copy of the new section 146 of the Penal Code, as soon as it is adopted, and provide information on the application in practice of the National Strategy referred to above, as well as on measures taken to ensure that penal provisions punishing perpetrators are strictly enforced.

2. Sentence of community work. The Committee has noted that the amendment to the Penal Code (Act No. 152/1995), which came into force on 1 January 1996, introduced a new sentence of community work (publicly beneficial work) (sections 45 and 45a). The sentence of community work may be imposed by a court on any person convicted of an offence punishable with imprisonment not exceeding five years, for a term of up to 400 hours; such work should be performed by a convicted person free of charge within one year after the court decision. Such work must not serve profitable purposes. The Government indicates in its report received in November 2002 that Act No. 265/2001 amending the Penal Code expanded the range of work to be performed by convicted persons, which currently can be performed for the State or other communal institutions dealing with education and science, culture, school system, health protection, support and protection of youth, as well as with humanitarian, social, charity, religious and sport activities.

The Committee draws the attention of the Government to Article 2(2)(c) of the Convention, which expressly prohibits that convicted persons are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory work of convicted persons does not extend to their work for private parties, even if they are not for profit and even if they are under public supervision and control. The Committee requests the Government to indicate, in its next report, whether the voluntary consent of the convicted persons is obtained before the sentence is imposed by the court. Please also indicate the criteria used by the Government for selection of the humanitarian, social, charity, religious or sports organizations for such work.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the information provided by the Government in reply to its earlier comments in its reports of 2001 and 2002 and, in particular, the information on provisions governing the work of prisoners for private employers, including those concerning the prisoners’ consent to work for a private employer and their conditions of work. It also notes the Government’s reply to the Committee’s 2000 general observation concerning trafficking in persons, annexed to the Government’s 2002 report.

The Committee has also noted a communication received from the International Confederation of Free Trade Unions (ICFTU) in October 2001 which contains comments concerning the application of the Convention by the Czech Republic, as well as the Government’s reply to these comments.

In its comments, the ICFTU points out that trafficking of women and children into the country for the purposes of prostitution, and the forced prostitution of women and children are serious problems that are increasing. According to the ICFTU, women are trafficked to the Czech Republic primarily from Eastern Europe and the former Soviet Union, and Czech women and children are trafficked into Western Europe, though precise figures are not generally known.

The Government indicates in its reply that the number of crimes connected with child prostitution has decreased recently, and the national plan against commercial sexual exploitation of children was adopted by Decision No. 698 of 12 July 2000 with a view to eradicate child prostitution, pornography and child trafficking. It further states that activities carried out are targeted mainly on awareness-raising, preventive actions among youth and international cooperation with neighbouring countries.

Referring to its 2000 general observation on the Convention, the Committee requests the Government to continue to provide information on the application in practice of the national provisions aimed at the punishment of trafficking in persons and the exploitation of the prostitution of others, as well as on measures taken to ensure that penal provisions punishing those responsible are strictly enforced. Please supply also a copy of the national plan against commercial sexual exploitation of children referred to in the Government’s reports.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Article 1(1) and Article 2(1) of the Convention.  Further to its previous comments, the Committee has noted from the Government’s report that the contract on the basis of which the prisoner’s work for private employers is to be performed has to be concluded between the prison administration and the third party concerned and that employers are bound by the same obligations in respect of the prisoner’s health and safety as those which regulate normal employment relationships. The Committee recalls that prisoners must not be hired to or placed at the disposal of private parties. It further considers that voluntary consent by the prisoner to working for a private employer is a necessary condition for such employment to be compatible with the explicit provision of Article 2, paragraph 2(c). Also, the work must be performed in conditions which guarantee payment of normal wages and social security, etc.

The Committee asks the Government to indicate how and when the person concerned is giving that free consent, and to give details on the guarantees and safeguards established in law and practice.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information in the Government's report and the legal texts provided.

Article 1(1) and Article 2(1) of the Convention. Further to its previous comments, the Committee notes from the Government's report that the contract on the basis of which the prisoner's work for private employers is to be performed has to be concluded between the prison administration and the third party concerned and that employers are bound by the same obligations in respect of the prisoner's health and safety as those which regulate normal employment relationships. The Committee recalls that prisoners must not be hired to or placed at the disposal of private parties. It further considers that voluntary consent by the prisoner to working for a private employer is a necessary condition for such employment to be compatible with the explicit provision of Article 2, paragraph 2(c). Also, the work must be performed in conditions which guarantee payment of normal wages and social security, etc.

The Committee asks the Government to indicate how and when the person concerned is giving that free consent, and to give details on the guarantees and safeguards established in law and practice.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its report. It notes, in particular, the adoption of the Constitution of the Czech Republic of 16 December 1992, as well as the Charter of Fundamental Rights and Freedoms, which provides in its article 9 for the prohibition of forced labour. The Committee would be grateful if the Government would supply, in its next report, additional information on the following points:

1. Article 2, paragraph 2(a), of the Convention. The Committee notes the provision of article 9, paragraph (2)(b), of the Charter of Fundamental Rights and Freedoms, which excludes military service or other service established by law in place of military service from the prohibition of forced labour. It also notes the Government's indications in the report that Law No. 82/1992 on civic (alternative) service has repealed and superseded Law No. 73/1990 on the same subject, and that detailed provisions concerning the implementation of the new Law have been laid down by Government Regulation No. 372/1992, as amended by Government Regulation No. 85/1993. The Committee would be grateful if the Government would supply, with its next report, copies of the new Law on civic (alternative) service of 1992 and of the Government Regulations mentioned above.

2. Article 2, paragraph 2(c). The Committee notes that work exacted in accordance with the law from persons condemned to imprisonment or to other punishment in place of imprisonment is excluded from the prohibition of forced labour, in virtue of article 9, paragraph (2)(a), of the Charter of Fundamental Rights and Freedoms. The Government informs in its report of the adoption of the Notification of the Ministry of Justice No. 247/1992 on the execution of sentences of imprisonment in the public prison institutions, which contains rules concerning employment and conditions of work of prisoners. The Committee would be grateful if the Government would supply, with its next report, a copy of the above-mentioned Notification. Please also state what guarantees are provided to ensure that prison labour shall be performed under the supervision and control of a public authority, and that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

3. The Committee notes the provision of article 9, paragraph (2)(d), of the Charter of Fundamental Rights and Freedoms, which excludes from the prohibition of forced labour "actions ordered by law to protect the life, health, or rights of others". Since such actions appear to be different from work or service excluded from the prohibition of forced labour in virtue of paragraph (2)(a), (b) and (c) of the same article of the Charter (i.e. work exacted as a consequence of a conviction in a court of law, compulsory military service, work or service exacted in cases of natural disasters, accidents or other danger threatening human life, health or significant property values), the Committee asks the Government to describe the above-mentioned actions, indicating, in particular, whether any laws or regulations have been adopted in order to implement the above-mentioned provision of article 9, paragraph (2)(d), of the Charter. In the affirmative, please supply copies of relevant texts, as well as the information on their application in practice.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes with satisfaction that section 203 of the Penal Code under which a person who systematically avoided honest work and allowed himself to be maintained by somebody else or obtained his means of livelihood in some dishonest manner was liable to imprisonment for up to three years, was repealed by Act No. 175/1990 of 2 May 1990 to amend and supplement the Penal Code. The Committee notes that Act No. 150/1969 concerning lesser crimes was also repealed by Act No. 175/1990.