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1. The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, the provisions of the Defence Act, as amended in 2002, concerning the right of career military servicemen to leave the service, as well as the provisions of the Defence Act governing conscientious objection, supplied by the Government under Article 2(2)(a) of the Convention. The Committee has also noted the rules concerning the enforcement of prison sanctions, 2000, supplied by the Government under Article 2(2)(c). It would be grateful if the Government would provide a copy of the Regulation on quotients for determining basic salaries, on criteria and standards for assessing success and results of work of convicts and on rewarding young persons (Ur.l. RS No. 52/2002) referred to by the Government in its report.
2. The Committee has noted the comments made in June 2002 by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention, in which the ICFTU has referred to a problem of the trafficking in women for the purpose of prostitution, alleging that approximately 400 women per year are trafficked into Slovenia from the countries of Eastern Europe and the Russian Federation, and approximately 1,000 women per year are trafficked through Slovenia into Western European countries, though the extent to which all of these cases involve forced trafficking is unclear.
The Committee has also noted the Government’s reply to its 2000 general observation concerning trafficking in persons, in which the Government informed of the proposed amendments to the Penal Code which envisaged a new criminal offence of trafficking in persons and described the measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including international cooperation in this field. The Government indicates that Slovenia is usually a transit country for trafficking, but there have been some cases of employment of foreign women who may be voluntarily or forcibly exploited for prostitution, cases of forced prostitution being treated as a criminal offence of placing under conditions of slavery. The Committee has also noted a work report of the Inter-Departmental Working Group for Combating Trafficking in Human Beings (2002), supplied by the Government with its latest report. It requests the Government to continue to provide information on the measures taken or contemplated to combat trafficking in persons, including measures taken to ensure that the penal provisions against trafficking are strictly enforced against those responsible. Please also supply a copy of the amendments to the Penal Code concerning trafficking in persons referred to above, as soon as they are adopted.
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.
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:
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.