Serbia and Montenegro
Practice Related to Rule 95. Forced Labour
In 2003, in its initial report to the Human Rights Committee, Serbia and Montenegro reported:
153. Pursuant to the Charter of Human and Minority Rights and Civil Liberties [of the State Union of Serbia and Montenegro, adopted in 2003], derogation from human and minority rights guaranteed by this Charter is allowed following the declaration of a state of war or a state of emergency, if the existence of the State Union or a member State is threatened, but only to the extent necessary under the given circumstances. Measures of derogation from human and minority rights cease to have effect following the end of the state of war or the state of emergency. No derogation is permitted even during the state of war or the state of emergency from the … prohibition of slavery, servitude and forced labour …
215. … Article 13 [of the Charter of Human and Minority Rights and Civil Liberties of the State Union of Serbia and Montenegro, adopted in 2003] prohibits slavery, servitude and forced labour. This Article provides that sexual or economic exploitation of persons in a disadvantageous position is also considered forced labour, work or service; however, the work or service imposed on persons effectively convicted, persons in military service or in case of emergency situations threatening the life of the community are not considered forced labour. Likewise, the provisions of this Article prohibit any form of human trafficking. It is pointed out that, under the Charter, no derogation measures are applicable in any case to the right to inviolability of physical and mental integrity and to the prohibition of slavery, servitude and forced labour.