Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Abolition of Forced Labour Convention, 1957 (No. 105) - Republic of Moldova (Ratification: 1993)

1. The Committee has noted the information supplied by the Government in reply to its previous direct request. It has also noted the comments by the Confederation of Trade Unions of the Republic of Moldova, made in a communication dated 21 December 2000, concerning the application of the forced labour Conventions Nos. 29 and 105, ratified by the Republic of Moldova, as well as the Government’s reply to these comments. The Committee has noted the unions’ statement that there is no supervisory mechanism in the country that could ensure effective supervision of the application of the ratified ILO Conventions, including the forced labour Conventions Nos. 29 and 105. It has also noted the Government’s indications that the new Law on Labour Inspection was approved by Parliament in May 2001 and the new draft Labour Code had passed the first reading in Parliament. The Committee hopes that the Government will provide information on the developments as regards the entry into force of the Law on Labour Inspection and the adoption of the new Labour Code, as well as information on practical functioning of the labour inspection and other bodies responsible for the supervision of the ratified ILO Conventions in the Republic of Moldova, in connection with the application of the forced labour Conventions.

2. In its previous comments, the Committee noted the provisions of article 32 of the Constitution concerning freedom of opinion and expression. It noted that, under paragraph 3 of this article, "the law shall forbid and prosecute all actions aimed at denying and slandering the State or the people", as well as "incitement to discrimination, territorial separatism, public violence or other actions threatening constitutional order". The Committee requested the Government to provide information on any penal provisions punishing such actions and on their application in practice. The Government refers in its report to sections 67, 67(7), 68 and 71 of the Criminal Code punishing with imprisonment such acts as incitement to a coup d’état, to crimes against security of the State or to violation of territorial integrity of the country, violation of national or racial equality and propaganda of war. The Government indicates that, according to the information received from the Ministry of Justice, there have been no judicial cases concerning violation of these provisions in 2000-01. The Committee requests the Government to continue to provide information on the application in practice of these Criminal Code provisions, as well as other provisions punishing such acts as "slandering the State or the people" or "other acts threatening constitutional order".

3. The Committee previously noted the provisions of article 41 of the Constitution concerning the freedom of political association. It noted that, under paragraph 4 of this article, parties and other socio-political organizations may be declared unconstitutional if "engaged in fighting against political pluralism, the principles of the rule of law, the sovereignty and independence or territorial integrity of the Republic of Moldova". The Committee has noted the Government’s indication in its report received in January 2002 that, during the period of 2000-01, the Ministry of Justice has registered no cases of dissolution or suspension of activities of a political party or any other socio-political organization because of violation of constitutional provisions. It has also noted that section 40(4) of the Law on Associations, of 17 May 1996, provides for a liquidation of an association by a court decision in case of inciting a social, racial, national or religious hatred or violation of citizens’ rights, and section 43 of the same law provides for administrative, penal or other liability for violation of its provisions. The Committee requests the Government to provide information on the application of these provisions in practice, supplying copies of court decisions defining or illustrating their scope. It also repeats its request for copies of the legislation governing political parties and religious groups.

4. The Committee has noted with interest from the Government’s report received in January 2002 that a draft law on the settlement of collective labour disputes is under examination by Parliament. It requests the Government to supply a copy of the law as soon as it is adopted. Referring also to its direct request addressed to the Government under Convention No. 87, the Committee repeats its request for information on any provisions restricting the right to strike which may be enforced with sanctions involving an obligation to work.

5. The Committee has noted that a number of legislative texts indicated by the Government as annexed to the report have not been received in the ILO. It therefore hopes that the Government will supply copies of these texts with its next report and that they will include the following: Criminal Code, Code on Administrative Offences, Code on Execution of Penal Sanctions, Law on Public Service, Law on the Settlement of Collective Labour Disputes, Law on the Organization and Conducting of Assemblies and Meetings, Law on Political Parties, Law on the Press and Other Media, Law on Religious Cults.