Forced Labour Convention, 1930 (No. 29) - Tajikistan (Ratification: 1993)
Protocol of 2014 to the Forced Labour Convention, 1930 - Tajikistan (Ratification: 2020)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee welcomes the ratification by Tajikistan 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. National Plan for Combating Trafficking in Persons.Implementation and assessment. The Committee notes the adoption of the new National Plan for Combating Trafficking in Persons for 2022–24 by the Government’s Decree No. 55 of 2022. The National Plan provides for various measures to prevent and prosecute trafficking in persons offences, to protect and provide assistance to victims of trafficking, and to strengthen international collaboration. The Committee further notes that the Interdepartmental Commission to Combat Trafficking in Persons acts as a national coordinator and monitors the implementation of measures envisaged in the national plans for combatting trafficking in persons (section 16 of the Act on Combating Trafficking in Persons and Providing Assistance to Victims No. 1096 of 2014). The Committee requests the Government to provide information on any monitoring and evaluation of the results achieved in the implementation of the National Plan for Combating Trafficking in Persons for 2022–24and the difficulties encountered. It also requests the Government to provide information on activities carried out by the Interdepartmental Commission to Combat Trafficking in Persons.

2. Identification and protection of victims. The Government indicates that for the period 2017–22, more than 350 victims of trafficking have been provided with medical, psychological, and legal assistance, food, accommodation, and educational courses. For the period 2019–22, 31 Tajik victims of trafficking were returned from India, Kazakhstan, Saudi Arabia, Türkiye, and the United Arab Emirates by the competent state bodies in cooperation with the International Organization for Migration. The Government also indicates the establishment of the Social Service Centre for Victims of Trafficking in Persons in Dushanbe in 2021.

The Committee notes that the United Nations (UN) Special Rapporteur on trafficking in persons, in her 2022 report, noted the issues of the low rates of identification of victims of trafficking; prosecution of victims of trafficking for the purpose of sexual exploitation for offences related to prostitution and keeping or organizing brothels; the lack of assistance provided to victims in rural areas and smaller cities; and the need to guarantee effective access to compensation. The Committee further notes that in its 2023 concluding observations, the UN Committee on the Elimination of Racial Discrimination expressed concern about the limited access to assistance and protection for migrant workers who are victims of trafficking or at risk of trafficking (CERD/C/TJK/CO/12-13). The Committee requests the Government to provide information on the measures taken to ensure the identification of victims of trafficking and that victims of trafficking are not prosecuted for the offences which they have been compelled to commit. It further requests the Government to provide information on the measures taken to ensure that all victims of trafficking in persons are provided with protection and assistance under part 4 of the Act on Combating Trafficking in Persons and Providing Assistance to Victims No. 1096 of 2014. Lastly, it requests the Government to continue to provide data on the number of victims of trafficking who have been identified and the nature of the services provided for their recovery and rehabilitation, including the provision of compensation.

3. Prosecution and application of dissuasive penal sanctions. The Government indicates the establishment in 2017 of the Centre for Combating Trafficking in Persons within the Organized Crime Directorate of the Ministry of Internal Affairs. The Committee notes from the 2022 Government’s report on the application of the UN Convention on the Elimination of Discrimination against Women that a hotline of the Centre for Combating Trafficking in Persons has been put into operation (CEDAW/C/TJK/7). The Government refers to the trainings carried out for law enforcement officials to strengthen their knowledge and capacities in detecting and investigating trafficking in persons offences. The Government also indicates that, for the period 2019–22, 63 cases were identified under section 130-1 (“Trafficking in persons”) of the Criminal Code.

The Committee further notes that, in her 2022 report, the UN Special Rapporteur on trafficking in persons noted that despite significant efforts in the specialization and strengthening of investigative capacity, the number of investigations undertaken is limited, in particular in response to internal trafficking for purposes of sexual and labour exploitation. The Committee requests the Government to provide information on the measures taken to ensure that all 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 on the number of investigations, prosecutions and convictions as well as the penalties applied under section 130-1 of the Criminal Code.

Articles 1(1) and 2(1). Freedom of career military personnel to leave their service. The Committee takes note of the adoption of the Act on Military Duty and Military Service No. 1753 of 2021. Section 54(1) of the Act sets out the list of grounds for dismissal from military service. The dismissal of military service officers is carried out by the Minister of Defense and the heads or other competent official of the state bodies in which military service is performed (section 53(4) of the Act). The Committee requests the Government to indicate whether military officers have the right to leave the service, in times of peace, at their own request before the termination of their contract.

Article 2(2)(c). Work of prisoners for private enterprises. The Government indicates that in 2022, the total number of convicts performing paid work was 2,664. The Government also indicates that 1,773 convicts in settlement colonies (“kolonii-poseleniya”) perform work for private enterprises on the basis of the contract concluded between the settlement colony and the private enterprise. According to the Government, convicts voluntarily agree to perform such work.

The Committee notes that section 107(1) of the Code on the Execution of Criminal Sentences establishes compulsory prison labour which may be used at private enterprises. As regard the compulsory labour performed by convicts in settlement colonies, the Committee notes that the provisions of the labour legislation governing recruitment, transfer and dismissals do not apply to such convicts (section 126(3) of the Code of the Execution of Criminal Sentences).

The Committee recalls that according to Article 2(2)(c) of the Convention, convicted persons should not be hired to or placed at the disposal of private individuals, companies or associations. The Committee further recalls that to be compatible with the Convention, convicts’ work for private entities must be performed on a voluntary basis, implying the free and informed consent of the convicts provided in writing (see the Committee’s 2012 General Survey on the fundamental Conventions, paragraph 279). The Committee requests the Government to provide information on the measures taken to ensure that convicts give their free, formal, and informed consent before working for the benefit of private enterprises. The Committee reiterates its request to the Government to provide copies of contracts concluded between a private enterprise and a penitentiary institution, particularly asettlement colony (“koloniya-poseleniya”), as well as contracts between convicts and private enterprises.

Article 2(2)(d). Work exacted in cases of emergency. The Committee takes note of the Government’s indication that no presidential decree introducing the state of emergency was issued by virtue of section 2 of the Constitutional Act on the Legal Regime of a State of Emergency of 1995 during the reporting period.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the Criminal Code provisions contained in sections 130-1 (Trafficking in Human Beings) and 132 (Recruitment of Persons for Exploitation). The Committee also noted Act No. 47 of 15 July 2004 to Combat Human Trafficking which contains a broad definition covering trafficking in persons for the purpose of both labour and sexual exploitation.

The Committee takes note of the Act on Combating Trafficking in Persons and Providing Assistance to Victims of 26 July 2014, No. 1096, which repealed Act No. 47 of 15 July 2004 to Combat Human Trafficking. The Committee observes that Act No. 1096 of 26 July 2014 covers trafficking in persons for the purpose of both labour and sexual exploitation. The Committee also notes the adoption of the National Plan for combating trafficking in persons for 2019–2021 (Government Decree No. 80 of 1 March 2019) and the Procedure for Implementing a Set of Measures within the Framework of the Referral Mechanism for Victims of Trafficking in Persons (Government Decree No. 327 of 27 July 2016).

The Committee further notes from the Interim Report on the implementation of the recommendations of the United Nations Human Rights Council adopted by member States within the framework of the second Universal Periodic Review of Tajikistan that, in 2018, 27 cases were investigated under section 130-1 of the Criminal Code, involving 16 offenders and 25 victims (paragraph 43). The Interim Report indicates that 22 victims received assistance from the IOM Centre of support and assistance for victims of trafficking in persons. The Interim Report further specifies that victims of trafficking in persons have access to a full range of support, which includes housing, physical and psychological treatment, rehabilitation and legal assistance (paragraph 44).

The Committee notes, however, that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families in its 2019 concluding observations expressed concern that “the national referral mechanism is not fully operational and that support for victims is inadequate” (CMW/C/TJK/CO/2, paragraph 52). The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women in its 2018 concluding observations recommended to ensure “the early and effective identification of victims” of trafficking in persons and “the provision of protection and services to victims” (CEDAW/C/TJK/CO/6, paragraph 28).

The Committee requests the Government to provide information on the implementation of Act No. 1096 on Combating Trafficking in Persons and Providing Assistance to Victims of 26 July 2014, the National Plan for combating trafficking in persons for 2019-2021, and the Procedure for Implementing a Set of Measures within the Framework of the Referral Mechanism for Victims of Trafficking in Persons, and to indicate any results achieved in this regard. The Committee also requests the Government to ensure that appropriate protection and assistance are provided to victims of trafficking and to indicate the number of victims who have been identified and who have benefited from such protection. It further requests the Government to supply statistical data on the application of section 130-1 of the Criminal Code in practice, in cases of trafficking for the purpose of labour or sexual exploitation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions.

Article 2(2)(a). Work or service exacted in virtue of compulsory military service laws. The Committee previously noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee further noted the Government’s indication that a law on alternative civilian service had not yet been adopted. The Committee requests the Government to provide a copy of the law on alternative (non-military) service, once adopted.

Article 2(2)(c). Work of prisoners for private enterprises. The Committee previously noted that under section 107(1) of the Code on the Execution of Criminal Sentences, every convicted person is under an obligation to work, such work being exacted from convicts either at enterprises of penitentiary institutions and at other state-owned enterprises, or at enterprises based on other forms of ownership. The Committee further noted from the wording of section 107(1) that compulsory prison labour could be used both at state-owned and private enterprises. The Committee therefore requested the Government to indicate whether and how the voluntary consent of prisoners to work for private enterprises is obtained, and to provide copies of contracts concluded between a private enterprise and a penitentiary institution, as well as contracts between prisoners and a private enterprise. The Government indicated that the Committee’s request had been forwarded to the Ministry of Justice and that the relevant information would be sent to the Committee.

The Committee notes the Government’s indication in its report that any convicted person may be employed on a voluntary basis and there are no instances of non-voluntary employment. The Government also points out that more than 80 per cent of able-bodied convicted persons wish to work. The Committee observes that, as per section 107(2) of the Code on the Execution of Criminal Sentences, only convicted men over 63 years, women over 58 years, persons with certain disabilities, and women with children in children's homes at correctional institutions are allowed to work at their request. Other convicted persons are under an obligation to work by virtue of section 107(1) of the Code on the Execution of Criminal Sentences. The Committee therefore reiterates its requests to the Government to indicate how the voluntary consent of prisoners to work for private enterprises is obtained, such consent being free from the menace of any penalty, including the loss of rights or privileges. The Committee once again requests the Government to provide copies of contracts concluded between a private enterprise and a penitentiary institution, as well as contracts between prisoners and a private enterprise.

Article 2(2)(d). Work exacted in cases of emergency. The Committee previously noted the Government’s indication that under Article 46 of the Constitution a state of emergency may be declared, as a temporary measure, for a period of up to three months. It further noted that such situations are governed by the Act on the protection of the population and the territory in emergency situations of a natural or man-made character of 2004. The Committee requested the Government to provide a copy of the Act of 2004, in order to assess what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

The Committee notes an absence of information on this point in the Government’s report. However, it observes that according to section 2 of Constitutional Act No. 21 on the legal regime of the state of emergency of 1995, the President can introduce a state of emergency, which is subject to approval by the Parliament. In addition, the reasons for introduction of the state of emergency, its duration and territorial boundaries shall be indicated. As per section 1 of the Constitutional Act of 1995, the state of emergency can be introduced in case of natural disasters, catastrophes, epidemics and epizootics that pose a threat to the life and health of the population; massive violations of law and order that pose a real threat to the rights and freedoms of citizens; attempts to seize state power or change the constitutional order by force; encroachments on the territorial integrity of the state threatening to change its borders; and the need to restore constitutional law and order and the activities of public authorities. During the state of emergency, public authorities can attract able-bodied citizens to work in enterprises, institutions and organizations, as well as to eliminate the consequences of emergency circumstances (section 4 of the Constitutional Act of 1995). In addition, during the state of emergency, the heads of enterprises, institutions and organizations have the right, if necessary, to transfer workers and employees without their consent to work not stipulated by their employment contract (section 6 of the Constitutional Act of 1995). The Committee also observes that section 19 of the Act on the protection of the population and the territory in emergency situations of a natural or man-made character of 2004 states that for the period of the situation of emergency, citizens are obliged, if necessary, to provide assistance in carrying out emergency rescue and other urgent work. Noting that section 1 of the Constitutional Act of 1995 is quite broadly worded, the Committee requests the Government to ensure that it is applied so that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist. The Committee also requests the Government to send copies of any Presidential Decrees issued by virtue of section 2 of the Constitutional Act of 1995.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the Criminal Code provisions contained in sections 130 (Trafficking in Human Beings) and 132 (Recruitment of Persons for Exploitation). The Committee requested the Government to provide information on the legal proceedings which had been instituted under these provisions of the Criminal Code.

The Committee takes note of Act No. 47 of 15 July 2004 to Combat Human Trafficking (amended in 2007) which contains a broad definition covering trafficking in persons both for the purpose of labour and sexual exploitation. It also notes that under section 132 of the Criminal Code the recruitment of people for sexual or other exploitation is an offence punishable by a fine and imprisonment for a period ranging from two to 12 years.

The Committee requests the Government to provide information on the application in practice of Act No. 47 to Combat Human Trafficking, as well as sections 130 and 132 of the Criminal Code, including information on the legal proceedings which have been instituted against perpetrators and the penalties imposed. The Committee also requests the Government to supply information on any measures taken or envisaged to prevent, suppress, and punish trafficking in persons, such as, for example, information on the activities of the Interdepartmental Commission to combat human trafficking set up under section 7 of the Act, as well as information on the measures taken to protect victims of trafficking.

Article 2(2)(a). Work or service exacted in virtue of compulsory military service laws. The Committee previously noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee requested the Government to provide information on provisions governing such alternative service. The Committee notes the Government’s indication in its report that a law on alternative civilian service has not yet been adopted. The Committee requests the Government to provide a copy of the law on alternative (non-military) service, once adopted.

Article 2(2)(c). Work of prisoners for private enterprises. The Committee previously noted with reference to section 107 (1) of the Code of the Execution of Criminal Sentences, that the working conditions of prisoners may be considered as approximating those of a free labour relationship. The Committee however requested the Government to indicate whether and how the voluntary consent of prisoners to work for private enterprises is obtained, and to provide copies of contracts concluded between a private enterprise and a penitentiary institution, as well as contracts between prisoners and a private enterprise. The Committee notes the Government’s indication that the Committee’s request was forwarded to the Ministry of Justice. As soon as information on contracts between correctional institutions and employers is provided, this information will be sent to the Committee, as well as contracts between prisoners and private companies. The Committee once again requests the Government to indicate how the voluntary consent of the prisoners to work for private enterprises is obtained, such consent being free from the menace of any penalty, including the loss of rights or privileges. The Committee also requests the Government to provide copies of contracts concluded between a private enterprise and a penitentiary institution, as well as contracts between prisoners and a private enterprise.

Article 2(2)(d). Work exacted in cases of emergency. The Committee previously requested the Government to indicate the guarantees that are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist. The Committee notes the Government’s indication that under article 46 of the Constitution a state of emergency may be declared, as a temporary measure, for a period of up to three months. Such situations are governed by the Law on the Protection of the Population and the Territory in Emergency situations of a Natural or Made-made character of 2004. The Committee requests the Government to provide a copy of the abovementioned Law of 2004, in order to assess what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the Criminal Code provisions contained in sections 130 (Trafficking in Human Beings) and 132 (Recruitment of Persons for Exploitation). The Committee requested the Government to provide information on the legal proceedings which had been instituted under these provisions of the Criminal Code.

The Committee takes note of Act No. 47 of 15 July 2004 to Combat Human Trafficking (amended in 2007) which contains a broad definition covering trafficking in persons both for the purpose of labour and sexual exploitation. It also notes that under section 132 of the Criminal Code the recruitment of people for sexual or other exploitation is an offence punishable by a fine and imprisonment for a period ranging from two to 12 years.

The Committee requests the Government to provide information on the application in practice of Act No. 47 to Combat Human Trafficking, as well as sections 130 and 132 of the Criminal Code, including information on the legal proceedings which have been instituted against perpetrators and the penalties imposed. The Committee also requests the Government to supply information on any measures taken or envisaged to prevent, suppress, and punish trafficking in persons, such as, for example, information on the activities of the Interdepartmental Commission to combat human trafficking set up under section 7 of the Act, as well as information on the measures taken to protect victims of trafficking.

Article 2(2)(a). Work or service exacted in virtue of compulsory military service laws. The Committee previously noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee requested the Government to provide information on provisions governing such alternative service. The Committee notes the Government’s indication in its report that a law on alternative civilian service has not yet been adopted. The Committee requests the Government to provide a copy of the law on alternative (non-military) service, once adopted.

Article 2(2)(c). Work of prisoners for private enterprises. The Committee previously noted with reference to section 107 (1) of the Code of the Execution of Criminal Sentences, that the working conditions of prisoners may be considered as approximating those of a free labour relationship. The Committee however requested the Government to indicate whether and how the voluntary consent of prisoners to work for private enterprises is obtained, and to provide copies of contracts concluded between a private enterprise and a penitentiary institution, as well as contracts between prisoners and a private enterprise. The Committee notes the Government’s indication that the Committee’s request was forwarded to the Ministry of Justice. As soon as information on contracts between correctional institutions and employers is provided, this information will be sent to the Committee, as well as contracts between prisoners and private companies. The Committee once again requests the Government to indicate how the voluntary consent of the prisoners to work for private enterprises is obtained, such consent being free from the menace of any penalty, including the loss of rights or privileges. The Committee also requests the Government to provide copies of contracts concluded between a private enterprise and a penitentiary institution, as well as contracts between prisoners and a private enterprise.

Article 2(2)(d). Work exacted in cases of emergency. The Committee previously requested the Government to indicate the guarantees that are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist. The Committee notes the Government’s indication that under article 46 of the Constitution a state of emergency may be declared, as a temporary measure, for a period of up to three months. Such situations are governed by the Law on the Protection of the Population and the Territory in Emergency situations of a Natural or Made-made character of 2004. The Committee requests the Government to provide a copy of the abovementioned Law of 2004, in order to assess what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

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

The Committee notes with regret 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 comments.

Repetition

Article 2(2)(a) of the Convention. Work or service exacted in virtue of compulsory military service laws. The Committee previously noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee requested the Government to provide information on provisions governing such alternative (non-military) service. The Government indicates in its report that a law governing this issue has not yet been adopted. The Committee requests the Government to supply a copy of the law on alternative (non-military) service referred to in section 1 of the abovementioned Act, as soon as it has been adopted.

Article 2(2)(c). Work of prisoners for private enterprises. The Committee has noted that under section 107(1) of the Code on the Execution of Criminal Sentences, every convicted person is under an obligation to work, such work being exacted from convicts either at enterprises of penitentiary institutions and at other state-owned enterprises, or at enterprises based on other forms of ownership. It follows from the wording of section 107(1) that compulsory prison labour can be used both at the state-owned and private enterprises. As regards conditions of work of convicted persons, the Committee has noted that under section 108 of the Code on the Execution of Criminal Sentences, hours of work and rest periods, as well as occupational safety and health, are governed by the general labour legislation. In virtue of sections 109 and 111 of the Code, convicted persons’ remuneration is also governed by the labour legislation; their monthly wages cannot be lower than the legally established minimum wage, and deductions from wages (for board and lodging and on the basis of execution documents) cannot exceed 75 per cent of their monthly earnings. Section 103 of the Code provides for the convicted persons’ social security rights, including old-age pension rights, under the compulsory State social security schemes.

As regards prison labour for private enterprises, the Committee draws the Government’s attention to the provisions of Article 2(2)(c) of the Convention, which expressly prohibits that convicted prisoners 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 prison labour does not extend to work of prisoners for private employers, even under public supervision and control.

However, while Article 2(2)(c) of the Convention strictly prohibits that prisoners be hired to or placed at the disposal of private enterprises, the Committee has considered, as explained in paragraphs 59 and 60 of its 2007 General Survey on the eradication of forced labour, that work for private enterprises can be compatible with Article 2(2)(c) only where prisoners voluntarily enter a normal employment relationship with private employers and perform work in conditions approximating a free employment relationship. This arrangement necessarily requires the formal consent of the person concerned and, in the light of the circumstances of the consent, i.e. the basic obligation to perform prison labour and other restrictions on the prisoner’s freedom to take up normal employment, there must be further guarantees and safeguards covering the essential elements of a labour relationship, such as conditions of work, wages and social security. If the above conditions are complied with, the work of prisoners will be removed from the scope of Article 2(2)(c) of the Convention, since no compulsion is involved.

While noting that, under the national provisions referred to above, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee requests the Government to indicate whether and how the voluntary consent of the prisoners to work for private enterprises is obtained, such consent being free from the menace of any penalty, including the loss of rights or privileges. Please also supply sample copies of contracts concluded between a private enterprise and a penitentiary institution, as well as of any contracts between prisoners and a private enterprise.

Article 2(2)(d). Work exacted in cases of emergency. The Committee previously noted that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8(2) of the Labour Code. It also noted that under article 46 of the Constitution of Tajikistan, a state of emergency may be declared, as a temporary measure, for a period of up to three months. The Committee has noted the adoption of the Law on the protection of population in the emergency situations (No. 588, of 8 July 2004). It has noted that, under section 19 of the Law, the citizens of Tajikistan must assist in the performance of rescue and other urgent works. The Committee requests the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee has noted the Criminal Code provisions contained in sections 130 (Trafficking in Human Beings) and 132 (Recruitment of Persons for Exploitation). It requests the Government to provide information on the legal proceedings which have been instituted under these sections of the Criminal Code, indicating the penalties imposed on perpetrators. The Committee also asks the Government to indicate, in its next report, whether any legal proceedings have been instituted under sections 130(3)(b) (Abduction) and 131(3)(b) (Illegal Deprivation of Freedom) of the Criminal Code, in relation to the crimes committed for the purpose of sexual or labour exploitation. Please also provide information on the application in practice of section 153 of the Criminal Code (Violation of the Labour Legislation), referred to by the Government in its report, indicating, in particular, whether this section is applicable to cases of the illegal exaction of forced or compulsory labour.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret 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:

Repetition

Article 2(2)(a), of the Convention. Work or service exacted in virtue of compulsory military service laws. The Committee previously noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee requested the Government to provide information on provisions governing such alternative (non-military) service. The Government indicates in its report that a law governing this issue has not yet been adopted. The Committee requests the Government to supply a copy of the law on alternative (non-military) service referred to in section 1 of the abovementioned Act, as soon as it has been adopted.

Article 2(2)(c). Work of prisoners for private enterprises. The Committee has noted that under section 107(1) of the Code on the Execution of Criminal Sentences, every convicted person is under an obligation to work, such work being exacted from convicts either at enterprises of penitentiary institutions and at other state-owned enterprises, or at enterprises based on other forms of ownership. It follows from the wording of section 107(1) that compulsory prison labour can be used both at the state-owned and private enterprises. As regards conditions of work of convicted persons, the Committee has noted that under section 108 of the Code on the Execution of Criminal Sentences, hours of work and rest periods, as well as occupational safety and health, are governed by the general labour legislation. In virtue of sections 109 and 111 of the Code, convicted persons’ remuneration is also governed by the labour legislation; their monthly wages cannot be lower than the legally established minimum wage, and deductions from wages (for board and lodging and on the basis of execution documents) cannot exceed 75 per cent of their monthly earnings. Section 103 of the Code provides for the convicted persons’ social security rights, including old-age pension rights, under the compulsory State social security schemes.

As regards prison labour for private enterprises, the Committee draws the Government’s attention to the provisions of Article 2(2)(c) of the Convention, which expressly prohibits that convicted prisoners 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 prison labour does not extend to work of prisoners for private employers, even under public supervision and control.

However, while Article 2(2)(c) of the Convention strictly prohibits that prisoners be hired to or placed at the disposal of private enterprises, the Committee has considered, as explained in paragraphs 59 and 60 of its 2007 General Survey on the eradication of forced labour, that work for private enterprises can be compatible with Article 2(2)(c) only where prisoners voluntarily enter a normal employment relationship with private employers and perform work in conditions approximating a free employment relationship. This arrangement necessarily requires the formal consent of the person concerned and, in the light of the circumstances of the consent, i.e. the basic obligation to perform prison labour and other restrictions on the prisoner’s freedom to take up normal employment, there must be further guarantees and safeguards covering the essential elements of a labour relationship, such as conditions of work, wages and social security. If the above conditions are complied with, the work of prisoners will be removed from the scope of Article 2(2)(c) of the Convention, since no compulsion is involved.

While noting that, under the national provisions referred to above, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee requests the Government to indicate whether and how the voluntary consent of the prisoners to work for private enterprises is obtained, such consent being free from the menace of any penalty, including the loss of rights or privileges. Please also supply sample copies of contracts concluded between a private enterprise and a penitentiary institution, as well as of any contracts between prisoners and a private enterprise.

Article 2(2)(d). Work exacted in cases of emergency. The Committee previously noted that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8(2) of the Labour Code. It also noted that under article 46 of the Constitution of Tajikistan, a state of emergency may be declared, as a temporary measure, for a period of up to three months. The Committee has noted the adoption of the Law on the protection of population in the emergency situations (No. 588, of 8 July 2004). It has noted that, under section 19 of the Law, the citizens of Tajikistan must assist in the performance of rescue and other urgent works. The Committee requests the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee has noted the Criminal Code provisions contained in sections 130 (Trafficking in Human Beings) and 132 (Recruitment of Persons for Exploitation). It requests the Government to provide information on the legal proceedings which have been instituted under these sections of the Criminal Code, indicating the penalties imposed on perpetrators. The Committee also asks the Government to indicate, in its next report, whether any legal proceedings have been instituted under sections 130(3)(b) (Abduction) and 131(3)(b) (Illegal Deprivation of Freedom) of the Criminal Code, in relation to the crimes committed for the purpose of sexual or labour exploitation. Please also provide information on the application in practice of section 153 of the Criminal Code (Violation of the Labour Legislation), referred to by the Government in its report, indicating, in particular, whether this section is applicable to cases of the illegal exaction of forced or compulsory labour.

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

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:

Repetition

Article 2(2)(a), of the Convention. Work or service exacted in virtue of compulsory military service laws. The Committee previously noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee requested the Government to provide information on provisions governing such alternative (non-military) service. The Government indicates in its report that a law governing this issue has not yet been adopted. The Committee requests the Government to supply a copy of the law on alternative (non-military) service referred to in section 1 of the abovementioned Act, as soon as it has been adopted.

Article 2(2)(c). Work of prisoners for private enterprises. The Committee has noted that under section 107(1) of the Code on the Execution of Criminal Sentences, every convicted person is under an obligation to work, such work being exacted from convicts either at enterprises of penitentiary institutions and at other state-owned enterprises, or at enterprises based on other forms of ownership. It follows from the wording of section 107(1) that compulsory prison labour can be used both at the state-owned and private enterprises. As regards conditions of work of convicted persons, the Committee has noted that under section 108 of the Code on the Execution of Criminal Sentences, hours of work and rest periods, as well as occupational safety and health, are governed by the general labour legislation. In virtue of sections 109 and 111 of the Code, convicted persons’ remuneration is also governed by the labour legislation; their monthly wages cannot be lower than the legally established minimum wage, and deductions from wages (for board and lodging and on the basis of execution documents) cannot exceed 75 per cent of their monthly earnings. Section 103 of the Code provides for the convicted persons’ social security rights, including old-age pension rights, under the compulsory State social security schemes.

As regards prison labour for private enterprises, the Committee draws the Government’s attention to the provisions of Article 2(2)(c) of the Convention, which expressly prohibits that convicted prisoners 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 prison labour does not extend to work of prisoners for private employers, even under public supervision and control.

However, while Article 2(2)(c) of the Convention strictly prohibits that prisoners be hired to or placed at the disposal of private enterprises, the Committee has considered, as explained in paragraphs 59 and 60 of its 2007 General Survey on the eradication of forced labour, that work for private enterprises can be compatible with Article 2(2)(c) only where prisoners voluntarily enter a normal employment relationship with private employers and perform work in conditions approximating a free employment relationship. This arrangement necessarily requires the formal consent of the person concerned and, in the light of the circumstances of the consent, i.e. the basic obligation to perform prison labour and other restrictions on the prisoner’s freedom to take up normal employment, there must be further guarantees and safeguards covering the essential elements of a labour relationship, such as conditions of work, wages and social security. If the above conditions are complied with, the work of prisoners will be removed from the scope of Article 2(2)(c) of the Convention, since no compulsion is involved.

While noting that, under the national provisions referred to above, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee requests the Government to indicate whether and how the voluntary consent of the prisoners to work for private enterprises is obtained, such consent being free from the menace of any penalty, including the loss of rights or privileges. Please also supply sample copies of contracts concluded between a private enterprise and a penitentiary institution, as well as of any contracts between prisoners and a private enterprise.

Article 2(2)(d). Work exacted in cases of emergency. The Committee previously noted that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8(2) of the Labour Code. It also noted that under article 46 of the Constitution of Tajikistan, a state of emergency may be declared, as a temporary measure, for a period of up to three months. The Committee has noted the adoption of the Law on the protection of population in the emergency situations (No. 588, of 8 July 2004). It has noted that, under section 19 of the Law, the citizens of Tajikistan must assist in the performance of rescue and other urgent works. The Committee requests the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee has noted the Criminal Code provisions contained in sections 130 (Trafficking in Human Beings) and 132 (Recruitment of Persons for Exploitation). It requests the Government to provide information on the legal proceedings which have been instituted under these sections of the Criminal Code, indicating the penalties imposed on perpetrators. The Committee also asks the Government to indicate, in its next report, whether any legal proceedings have been instituted under sections 130(3)(b) (Abduction) and 131(3)(b) (Illegal Deprivation of Freedom) of the Criminal Code, in relation to the crimes committed for the purpose of sexual or labour exploitation. Please also provide information on the application in practice of section 153 of the Criminal Code (Violation of the Labour Legislation), referred to by the Government in its report, indicating, in particular, whether this section is applicable to cases of the illegal exaction of forced or compulsory labour.

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

Article 2, paragraph 2(a), of the Convention. Work or service exacted in virtue of compulsory military service laws. The Committee previously noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee requested the Government to provide information on provisions governing such alternative (non-military) service. The Government indicates in its report that a law governing this issue has not yet been adopted. The Committee requests the Government to supply a copy of the law on alternative (non-military) service referred to in section 1 of the above-mentioned Act, as soon as it has been adopted.

Article 2, paragraph 2(c). Work of prisoners for private enterprises. The Committee has noted that under section 107(1) of the Code on the Execution of Criminal Sentences, every convicted person is under an obligation to work, such work being exacted from convicts either at enterprises of penitentiary institutions and at other state-owned enterprises, or at enterprises based on other forms of ownership. It follows from the wording of section 107(1) that compulsory prison labour can be used both at the state-owned and private enterprises. As regards conditions of work of convicted persons, the Committee has noted that under section 108 of the Code on the Execution of Criminal Sentences, hours of work and rest periods, as well as occupational safety and health, are governed by the general labour legislation. In virtue of sections 109 and 111 of the Code, convicted persons’ remuneration is also governed by the labour legislation; their monthly wages cannot be lower than the legally established minimum wage, and deductions from wages (for board and lodging and on the basis of execution documents) cannot exceed 75 per cent of their monthly earnings. Section 103 of the Code provides for the convicted persons’ social security rights, including old-age pension rights, under the compulsory State social security schemes.

As regards prison labour for private enterprises, the Committee draws the Government’s attention to the provisions of Article 2(2)(c) of the Convention, which expressly prohibits that convicted prisoners 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 prison labour does not extend to work of prisoners for private employers, even under public supervision and control.

However, while Article 2(2)(c) of the Convention strictly prohibits that prisoners be hired to or placed at the disposal of private enterprises, the Committee has considered, as explained in paragraphs 59 and 60 of its 2007 General Survey on the eradication of forced labour, that work for private enterprises can be compatible with Article 2(2)(c) only where prisoners voluntarily enter a normal employment relationship with private employers and perform work in conditions approximating a free employment relationship. This arrangement necessarily requires the formal consent of the person concerned and, in the light of the circumstances of the consent, i.e. the basic obligation to perform prison labour and other restrictions on the prisoner’s freedom to take up normal employment, there must be further guarantees and safeguards covering the essential elements of a labour relationship, such as conditions of work, wages and social security. If the above conditions are complied with, the work of prisoners will be removed from the scope of Article 2(2)(c) of the Convention, since no compulsion is involved.

While noting that, under the national provisions referred to above, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee requests the Government to indicate whether and how the voluntary consent of the prisoners to work for private enterprises is obtained, such consent being free from the menace of any penalty, including the loss of rights or privileges. Please also supply sample copies of contracts concluded between a private enterprise and a penitentiary institution, as well as of any contracts between prisoners and a private enterprise.

Article 2, paragraph 2(d). Work exacted in cases of emergency. The Committee previously noted that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8(2) of the Labour Code. It also noted that under article 46 of the Constitution of Tajikistan, a state of emergency may be declared, as a temporary measure, for a period of up to three months. The Committee has noted the adoption of the Law on the protection of population in the emergency situations (No. 588, of 8 July 2004). It has noted that, under section 19 of the Law, the citizens of Tajikistan must assist in the performance of rescue and other urgent works. The Committee requests the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee has noted the Criminal Code provisions contained in sections 130 (Trafficking in Human Beings) and 132 (Recruitment of Persons for Exploitation). It requests the Government to provide information on the legal proceedings which have been instituted under these sections of the Criminal Code, indicating the penalties imposed on perpetrators. The Committee also asks the Government to indicate, in its next report, whether any legal proceedings have been instituted under sections 130(3)(b) (Abduction) and 131(3)(b) (Illegal Deprivation of Freedom) of the Criminal Code, in relation to the crimes committed for the purpose of sexual or labour exploitation. Please also provide information on the application in practice of section 153 of the Criminal Code (Violation of the Labour Legislation), referred to by the Government in its report, indicating, in particular, whether this section is applicable to cases of the illegal exaction of forced or compulsory labour.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that no report has been received from the Government for the fifth year in succession. 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:

Article 2(2)(a) of the Convention. The Committee has noted that section 8 of the new Labour Code of 1997 excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It has also noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended on 1 August 1997) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee would be grateful if the Government would provide, in its next report, information on provisions governing such alternative (non-military) service. Please indicate, in particular, whether the law on alternative (non-military) service referred to in section 1 of the abovementioned Act has been adopted and, if so, please supply a copy.

Article 2(2)(c). The Committee would be grateful if the Government would supply, with its next report, copies of updated texts of the Correctional Labour Code and any other texts of laws or regulations in force concerning prison labour. Please indicate whether prison labour must be in all cases performed in prisons or in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

Article 2(2)(d). The Committee has noted the provisions of the Constitution concerning a state of emergency and, in particular, that the legal regime of a state of emergency is determined by a constitutional law (article 47). It would be grateful if the Government would indicate, in its next report, whether such a constitutional law has been adopted and, in the affirmative, supply a copy of its text. Noting that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8 of the new Labour Code of 1997, the Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2(2)(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee has noted the Government’s general statement in its first report that sanctions for the illegal exaction of forced or compulsory labour are provided for in the Criminal Code. The Committee would be grateful if the Government would indicate, in its next report, any penal provisions applicable in case of the illegal exaction of forced or compulsory labour. Please also furnish information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that no report has been received from the Government for the fourth year in succession. 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:

1. Article 2, paragraph 2(a), of the Convention. The Committee has noted that section 8 of the new Labour Code of 1997 excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It has also noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended on 1 August 1997) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee would be grateful if the Government would provide, in its next report, information on provisions governing such alternative (non-military) service. Please indicate, in particular, whether the law on alternative (non-military) service referred to in section 1 of the abovementioned Act has been adopted and, if so, please supply a copy.

Article 2, paragraph 2(c). The Committee would be grateful if the Government would supply, with its next report, a copy of the Criminal Code of 21 May 1998 (No. 517), as well as copies of updated texts of the Correctional Labour Code and any other texts of laws or regulations in force concerning prison labour. Please indicate whether prison labour must be in all cases performed in prisons or in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

Article 2, paragraph 2(d). The Committee has noted the provisions of the Constitution concerning a state of emergency and, in particular, that the legal regime of a state of emergency is determined by a constitutional law (article 47). It would be grateful if the Government would indicate, in its next report, whether such a constitutional law has been adopted and, in the affirmative, supply a copy of its text. Noting that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8 of the new Labour Code of 1997, the Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee has noted the Government’s general statement in its first report that sanctions for the illegal exaction of forced or compulsory labour are provided for in the Criminal Code. The Committee would be grateful if the Government would indicate, in its next report, any penal provisions applicable in case of the illegal exaction of forced or compulsory labour. Please also furnish information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

2. Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that no report has been received from the Government for the third year in succession. 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:

1. Article 2, paragraph 2(a), of the Convention. The Committee has noted that section 8 of the new Labour Code of 1997 excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It has also noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended on 1 August 1997) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee would be grateful if the Government would provide, in its next report, information on provisions governing such alternative (non-military) service. Please indicate, in particular, whether the law on alternative (non-military) service referred to in section 1 of the abovementioned Act has been adopted and, if so, please supply a copy.

Article 2, paragraph 2(c). The Committee would be grateful if the Government would supply, with its next report, a copy of the Criminal Code of 21 May 1998 (No. 517), as well as copies of updated texts of the Correctional Labour Code and any other texts of laws or regulations in force concerning prison labour. Please indicate whether prison labour must be in all cases performed in prisons or in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

Article 2, paragraph 2(d). The Committee has noted the provisions of the Constitution concerning a state of emergency and, in particular, that the legal regime of a state of emergency is determined by a constitutional law (article 47). It would be grateful if the Government would indicate, in its next report, whether such a constitutional law has been adopted and, in the affirmative, supply a copy of its text. Noting that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8 of the new Labour Code of 1997, the Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee has noted the Government’s general statement in its first report that sanctions for the illegal exaction of forced or compulsory labour are provided for in the Criminal Code. The Committee would be grateful if the Government would indicate, in its next report, any penal provisions applicable in case of the illegal exaction of forced or compulsory labour. Please also furnish information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

2. Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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

The Committee notes with regret that no report has been received from the Government. 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:

1. Article 2, paragraph 2(a), of the Convention. The Committee has noted that section 8 of the new Labour Code of 1997 excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It has also noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended on 1 August 1997) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee would be grateful if the Government would provide, in its next report, information on provisions governing such alternative (non-military) service. Please indicate, in particular, whether the law on alternative (non-military) service referred to in section 1 of the abovementioned Act has been adopted and, if so, please supply a copy.

Article 2, paragraph 2(c). The Committee would be grateful if the Government would supply, with its next report, a copy of the Criminal Code of 21 May 1998 (No. 517), as well as copies of updated texts of the Correctional Labour Code and any other texts of laws or regulations in force concerning prison labour. Please indicate whether prison labour must be in all cases performed in prisons or in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

Article 2, paragraph 2(d). The Committee has noted the provisions of the Constitution concerning a state of emergency and, in particular, that the legal regime of a state of emergency is determined by a constitutional law (article 47). It would be grateful if the Government would indicate, in its next report, whether such a constitutional law has been adopted and, in the affirmative, supply a copy of its text. Noting that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8 of the new Labour Code of 1997, the Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee has noted the Government’s general statement in its first report that sanctions for the illegal exaction of forced or compulsory labour are provided for in the Criminal Code. The Committee would be grateful if the Government would indicate, in its next report, any penal provisions applicable in case of the illegal exaction of forced or compulsory labour. Please also furnish information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

2. Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. 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 2, paragraph 2(a), of the Convention. The Committee has noted that section 8 of the new Labour Code of 1997 excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It has also noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended on 1 August 1997) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee would be grateful if the Government would provide, in its next report, information on provisions governing such alternative (non-military) service. Please indicate, in particular, whether the law on alternative (non-military) service referred to in section 1 of the abovementioned Act has been adopted and, if so, please supply a copy.

Article 2, paragraph 2(c). The Committee would be grateful if the Government would supply, with its next report, a copy of the Criminal Code of 21 May 1998 (No. 517), as well as copies of updated texts of the Correctional Labour Code and any other texts of laws or regulations in force concerning prison labour. Please indicate whether prison labour must be in all cases performed in prisons or in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

Article 2, paragraph 2(d). The Committee has noted the provisions of the Constitution concerning a state of emergency and, in particular, that the legal regime of a state of emergency is determined by a constitutional law (article 47). It would be grateful if the Government would indicate, in its next report, whether such a constitutional law has been adopted and, in the affirmative, supply a copy of its text. Noting that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8 of the new Labour Code of 1997, the Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee has noted the Government’s general statement in its first report that sanctions for the illegal exaction of forced or compulsory labour are provided for in the Criminal Code. The Committee would be grateful if the Government would indicate, in its next report, any penal provisions applicable in case of the illegal exaction of forced or compulsory labour. Please also furnish information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

2. Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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

1.  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 following matters raised in its previous direct request:

  Article 2, paragraph 2(a), of the Convention.  The Committee has noted that section 8 of the new Labour Code of 1997 excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It has also noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended on 1 August 1997) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee would be grateful if the Government would provide, in its next report, information on provisions governing such alternative (non-military) service. Please indicate, in particular, whether the law on alternative (non-military) service referred to in section 1 of the abovementioned Act has been adopted and, if so, please supply a copy.

Article 2, paragraph 2(c).  The Committee would be grateful if the Government would supply, with its next report, a copy of the Criminal Code of 21 May 1998 (No. 517), as well as copies of updated texts of the Correctional Labour Code and any other texts of laws or regulations in force concerning prison labour. Please indicate whether prison labour must be in all cases performed in prisons or in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

  Article 2, paragraph 2(d).  The Committee has noted the provisions of the Constitution concerning a state of emergency and, in particular, that the legal regime of a state of emergency is determined by a constitutional law (article 47). It would be grateful if the Government would indicate, in its next report, whether such a constitutional law has been adopted and, in the affirmative, supply a copy of its text. Noting that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8 of the new Labour Code of 1997, the Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

  Article 2, paragraph 2(e).  Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

  Article 25.  The Committee has noted the Government’s general statement in its first report that sanctions for the illegal exaction of forced or compulsory labour are provided for in the Criminal Code. The Committee would be grateful if the Government would indicate, in its next report, any penal provisions applicable in case of the illegal exaction of forced or compulsory labour. Please also furnish information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

2.  Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. 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: Article 2, paragraph 2(a), of the Convention. The Committee has noted that section 8 of the new Labour Code of 1997 excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It has also noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended on 1 August 1997) refers to a citizen's right to perform an alternative (non-military) service in accordance with the law. The Committee would be grateful if the Government would provide, in its next report, information on provisions governing such alternative (non-military) service. Please indicate, in particular, whether the law on alternative (non-military) service referred to in section 1 of the above-mentioned Act has been adopted and, if so, please supply a copy. Article 2, paragraph 2(c). The Committee would be grateful if the Government would supply, with its next report, copies of updated texts of the Criminal Code, Correctional Labour Code and any other texts of laws or regulations in force concerning prison labour. Please indicate whether prison labour must be in all cases performed in prisons or in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Article 2, paragraph 2(d). The Committee has noted the provisions of the Constitution concerning a state of emergency and, in particular, that the legal regime of a state of emergency is determined by a constitutional law (article 47). It would be grateful if the Government would indicate, in its next report, whether such a constitutional law has been adopted and, in the affirmative, supply a copy of its text. Noting that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8 of the new Labour Code of 1997, the Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist. Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services. Article 25. The Committee has noted the Government's general statement in its first report that sanctions for the illegal exaction of forced or compulsory labour are provided for in the Criminal Code. The Committee would be grateful if the Government would indicate, in its next report, any penal provisions applicable in case of the illegal exaction of forced or compulsory labour. Please also furnish information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

2. Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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

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:

Article 2, paragraph 2(a), of the Convention. The Committee notes that section 8 of the new Labour Code of 1997 excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It also notes that section 1 of the Act on the general military duties and on military service of 1993 (as amended on 1 August 1997) refers to a citizen's right to perform an alternative (non-military) service in accordance with the law. The Committee would be grateful if the Government would provide, in its next report, information on provisions governing such alternative (non-military) service. Please indicate, in particular, whether the law on alternative (non-military) service referred to in section 1 of the above-mentioned Act has been adopted and, if so, please supply a copy.

Article 2, paragraph 2(b). Please indicate any work or service (other than compulsory military service or work or service required in case of emergency) which may be exacted as normal civic obligations of the citizens and therefore excluded from the definition of "forced or compulsory labour" under this provision of the Convention.

Article 2, paragraph 2(c). The Committee would be grateful if the Government would supply, with its next report, copies of updated texts of the Criminal Code, Correctional Labour Code and any other texts of laws or regulations in force concerning prison labour. Please indicate whether prison labour must be in all cases performed in prisons or in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

Article 2, paragraph 2(d). The Committee notes the provisions of the Constitution concerning a state of emergency and, in particular, that the legal regime of a state of emergency is determined by a constitutional law (article 47). It would be grateful if the Government would indicate, in its next report, whether such a constitutional law has been adopted and, in the affirmative, supply a copy of its text. Noting that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8 of the new Labour Code of 1997, the Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee notes the Government's general statement in the report that sanctions for the illegal exaction of forced or compulsory labour are provided for in the Criminal Code. The Committee would be grateful if the Government would indicate, in its next report, any penal provisions applicable in case of the illegal exaction of forced or compulsory labour. Please also furnish information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

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

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points:

Article 2, paragraph 2(a), of the Convention. The Committee notes that section 8 of the new Labour Code of 1997 excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It also notes that section 1 of the Act on the general military duties and on military service of 1993 (as amended on 1 August 1997) refers to a citizen's right to perform an alternative (non-military) service in accordance with the law. The Committee would be grateful if the Government would provide, in its next report, information on provisions governing such alternative (non-military) service. Please indicate, in particular, whether the law on alternative (non-military) service referred to in section 1 of the above-mentioned Act has been adopted and, if so, please supply a copy.

Article 2, paragraph 2(b). Please indicate any work or service (other than compulsory military service or work or service required in case of emergency) which may be exacted as normal civic obligations of the citizens and therefore excluded from the definition of "forced or compulsory labour" under this provision of the Convention.

Article 2, paragraph 2(c). The Committee would be grateful if the Government would supply, with its next report, copies of updated texts of the Criminal Code, Correctional Labour Code and any other texts of laws or regulations in force concerning prison labour. Please indicate whether prison labour must be in all cases performed in prisons or in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

Article 2, paragraph 2(d). The Committee notes the provisions of the Constitution concerning a state of emergency and, in particular, that the legal regime of a state of emergency is determined by a constitutional law (article 47). It would be grateful if the Government would indicate, in its next report, whether such a constitutional law has been adopted and, in the affirmative, supply a copy of its text. Noting that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8 of the new Labour Code of 1997, the Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members and, if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee notes the Government's general statement in the report that sanctions for the illegal exaction of forced or compulsory labour are provided for in the Criminal Code. The Committee would be grateful if the Government would indicate, in its next report, any penal provisions applicable in case of the illegal exaction of forced or compulsory labour. Please also furnish information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.