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

Forced Labour Convention, 1930 (No. 29) - Slovenia (Ratification: 1992)

The Committee notes with interest the information provided by the Government in its first and second reports 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. 1. The Committee notes the provisions of article 123 of the Constitution concerning an obligation of citizens to cooperate in the defence of the State. Please indicate whether legislation concerning compulsory military service provides for guarantees to ensure that services exacted for military purposes are used for purely military ends.

2. The Committee also notes that the above-mentioned article of the Constitution excludes from the obligation to undergo compulsory military service certain categories of citizens who are unable to perform such service because of their religious, philosophical or humanitarian beliefs; such citizens must consequently cooperate in the defence of the State in other ways. The Committee would be grateful if the Government would provide, in its next report, information on provisions governing such alternative (non-military) service and supply copies of relevant texts.

3. Please also describe any provisions that may exist on the right of military officers and other career servicemen to leave the service at their own request.

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. This might include, for example, jury duty or the duty to assist a person in danger.

Article 2, paragraph 2(c). 1. The Committee notes that the new Penal Code of 1994 and the new Law on Criminal Procedure of 1994 do not contain provisions concerning compulsory prison labour. It notes, in particular, that section 210(3) of the above-mentioned Law on Criminal Procedure provides only for an obligation to perform work required for cleanliness in a cell, other work being available to prisoners at their own request and to be performed on a purely voluntary basis. It also notes the Government's statement in its latest report that the 1978 Law on Enforcement of Penal Sanctions, which contained a provision imposing compulsory prison labour (section 10(1)), was to be revised at the beginning of 1997. Please indicate whether a revised text of this Law has been already adopted, and if so, please supply a copy.

2. The Committee notes that under section 50(2) of the Law on Enforcement of Penal Sanctions convicted persons, who work as a rule in economic units of the penal correctional institutions, may also work outside the institution for organizations of associated labour, other enterprises or individuals. In this case the penal correctional institution concludes a contract with the enterprise concerned, which contains detailed provisions concerning conditions of work and mutual rights and obligations. Recalling, with reference to paragraphs 97 to 101 of its 1979 General Survey on the abolition of forced labour, that placing of convicts at the disposal of private individuals or enterprises is compatible with the Convention only if they are placed with their own consent and on terms comparable to those offered to free workers as regards wages, conditions of work and social security, the Committee asks the Government to provide information on provisions governing the work of convicts for private individuals and enterprises, including copies of contracts concluded between the penal correctional institutions and enterprises concerned, as well as information on their practical application.

Article 2, paragraph 2(d). The Committee notes the provisions of article 16 of the Constitution concerning temporary suspension or limitation of human rights and basic liberties during war or a state of emergency, which is possible only for the duration of war or a state of emergency and only to the extent demanded by such a state of emergency. The Committee would be grateful if the Government would indicate, in its next report, whether legislation concerning a state of emergency has been adopted under the above-mentioned constitutional provisions, and if so, whether guarantees are provided by such legislation 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. Please indicate provisions imposing penal sanctions for the illegal exaction of forced or compulsory labour. Please also supply information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.