Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Abolition of Forced Labour Convention, 1957 (No. 105) - Romania (Ratification: 1998)

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 following matters raised in its previous direct request.

1. Article 1(a) of the Convention. The Committee notes that, by virtue of sections 238 and 239 of the Penal Code, acts prejudicial to the reputation or threats made against persons exercising an important function in the service of the State or an important public function, as well as insults, slander and direct or indirect threats against a public employee whose function involves the exercise of public authority in the course of service or in relation to acts undertaken during such service, constitute crimes against authority, which are punishable with sentences of imprisonment. The Committee also notes that, under section 56 of the Penal Code, persons convicted to a sentence of imprisonment are under the obligation to perform useful work. The Committee reminds the Government that Article 1(a) of the Convention prohibits use being made of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It therefore requests the Government to provide information on the manner in which effect is given in practice to sections 238 and 239 of the Penal Code and, where appropriate, to supply copies of court decisions defining or illustrating their scope.

2. The Committee notes that, under the terms of article 93 of the Constitution, state of siege or a state of emergency may be declared by the President. It would be grateful if the Government would provide copies of the texts governing these situations.

3. The Committee requests the Government to provide a copy of the legal texts governing the conditions of employment of seafarers.