Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - Czechia (Ratification: 1996)

Article 1(a) of the Convention. Imposition of penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social, or economic system. The Committee recalls that section 184 of the Criminal Code criminalizes defamation and provides for sentences of imprisonment which may involve compulsory labour pursuant to section 29 (1) of the Execution of Prison Sentence Act of 30 June 1999. The Committee notes the Government’s indication, in its report that, according to case law, criminal liability for defamation may only arise where the impugned statement is factually verifiable and demonstrably false, and that evaluative or subjective statements – including the expression of political opinions – cannot therefore constitute a basis for criminal prosecution. The Government further indicates that criminal sanctions for defamation are to be applied only in exceptional cases involving the most serious infringements of personality rights, which cannot be adequately remedied through civil proceedings.

The Committee takes due note of this clarification and requests the Government to continue to provide information on the application of section 184 of the Criminal Code in practice, in order to enable the Committee to assess the manner in which it is applied in practice and verify that no penalties involving compulsory labour are imposed under this provision on persons who express political views or views ideologically opposed to the established system. Please indicate the number of prosecutions, convictions and penalties imposed under section 184 of the Criminal Code, as well as on the factual circumstances of such cases.

Article 1(c). Penal sanctions involving compulsory labour applicable to public officials for neglect of duty. For many years, the Committee has been referring to section 330(1) and (2)(a)–(c) of the Criminal Code, under which penalties of imprisonment may be imposed for acts of neglect of duty by public officials, including obstruction of an important task by negligence or causing serious disruption or substantial damage to the functioning of a public authority or an entrepreneur. The Committee notes the Government’s repeated indication that: (1) section 330(1) and (2)(a)–(c) of the Criminal Code is applicable only in serious cases of negligent breach of duty by an official which result in the obstruction or substantial hindrance of the performance of an important task; and (2) the notion of an “important task” refers to duties whose execution directly or indirectly affects the rights and legitimate interests of third parties, whether private or public.

The Committee notes this clarification. It recalls in this regard that under Article 1(c) of the Convention, penal sanctions involving compulsory labour for breaches of labour discipline may only be applied where such breaches impair, or are likely to endanger, the operation of essential services in the strict sense of the term, or in cases of wilful acts endangering the safety, health or life of individuals, and not where they are caused by negligence. The Committee expresses the hope that measures will be taken to restrict the application of section 330(1) and (2)(a)–(c) of the Criminal Code to situations in which breaches of labour discipline impair or are likely to endanger the operation of essential services in the strict sense of the term, or to circumstances in which the life, health and safety of persons are in danger, so as ensure conformity with the Convention. It requests the Government to provide information on any steps taken or envisaged to this end and to continue to provide information on the application of this provision in practice.