Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Tchéquie (Ratification: 1993)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Tchéquie (Ratification: 2016)

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

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

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

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