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

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

The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, the provisions of the Defence Act and the Act on the protection against natural and other disasters, concerning a state of emergency, supplied by the Government under Article 2, paragraph 2(d), of the Convention.

Freedom of career military servicemen to leave the service. The Committee notes the Government’s indication in its report, that section 93 of the Defence Act provides that a member of the regular forces may unilaterally denounce an employment contract, but is required to reimburse the cost of basic military professional training, in proportion to the period of duration of the contract. The Committee requests the Government to supply a copy of sections 92-94 of the Defence Act, since the relevant pages (66-67) are lacking in the ILO’s copy of the Act.

Article 2, paragraph 2(a). The Committee previously noted that article 123 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 notes that under section 6(2) of the Defence Act, 1994, any citizen with an acknowledged conscientious objection to military service shall participate in the defence of the State by carrying out substitute duties in civil protection or other forces for protection, aid and rescue. It also notes the Government’s indication in its report that the Military Service Act contains provisions governing conscientious objection in sections 38-48 of the Act. The Committee would appreciate it if the Government would supply copies of these provisions with its next report.

Article 2, paragraph 2(c). The Committee previously noted that the Penal Code of 1994 and the Law on Criminal Procedure of 1994 do not contain provisions concerning compulsory prison labour. It noted, in particular, that section 210(3) of the 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.

Referring also to its direct request under Convention No. 105, the Committee notes the adoption of the new Act on Enforcement of Penal Sanctions, 2000. It notes that, under section 52(2) of the Act, a prisoner may work for legal entities or individuals outside the prison. It also notes provisions of sample contracts concerning work of prisoners outside the prison supplied by the Government. The Committee requests the Government to provide, with its next report, a copy of the Rules on Enforcement of Prison Sanctions, referred to in these contracts, as well as any other rules or regulations issued by the Minister of Justice under section 17 of the Act on Enforcement of Penal Sanctions, in particular those concerning the application of section 52(2) referred to above.

Article 25. The Committee notes with interest the provisions of sections 387 and 142 of the Penal Code punishing slavery or slave-like practices, as well as acts which might lead to the illegal exaction of forced labour. Referring also to its general observation under the Convention in its report to the 89th Session of the International Labour Conference (2001), the Committee looks forward to learning about any instances of application of the above legislative provisions in practice.