Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Forced Labour Convention, 1930 (No. 29) - Romania (Ratification: 1957)

Article 2(2)(c) of the Convention. Work exacted from any person as a consequence of a conviction in a court of law 1. The Committee notes that, under the terms of article 56 of the Penal Code, the regime for the implementation of sentences of imprisonment is based on the requirement that convicts shall perform useful work … The obligation to work ceases as of 60 years of age for men and 55 years of age for women. The Committee notes in this respect the adoption of Law No. 275/2006 respecting the implementation of penalties and measures ordered by the judicial authorities in the course of criminal proceedings. Under section 57 of this Law, persons convicted to a sentence of imprisonment who are capable of work may, with their agreement, perform work that is related to their qualifications and aptitudes. In its last report on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), the Government refers to these two provisions (article 56 of the Penal Code and section 57 of Law No. 275/2006) and indicates, after describing the regime of prison labour, that work performed in prison by convicted persons is not compulsory. While noting this statement by the Government, the Committee considers that, as article 56 of the Penal Code still refers to the obligation of convicts to perform work, it would be appropriate, in order to avoid any legal ambiguity, to align this provision of the Penal Code with the relevant provisions of Law No. 275/2006 under which prison labour is not compulsory. The Committee requests the Government to provide information on any progress achieved in this respect.

2. Section 60 of Law No. 275/2006, referred to above, envisages various manners of performing prison labour. The Committee notes in this respect that the work may be performed in the context of the regime for the provision of services on behalf of an economic operator, an association or individual, within or outside the prison, and that the prison administration may conclude a contract for the provision of services for this purpose. The Committee would be grateful if the Government would indicate in its next report whether such contracts have already been concluded between the prison administration and private economic operators. If so, please provide examples of these contracts. The Committee would also be grateful if the Government would provide information on the manner in which the consent of the prisoners is obtained in cases where they work for such operators, as well as on their working conditions and wages.

3. Penalty of community work. The Committee notes that in its last report on the application of Convention No. 105, the Government refers to the penalty of community work, with the indication that this penalty can only be handed down by the courts and solely with the agreement of the offender. The Committee would be grateful if the Government would provide further information on the modalities for serving this penalty and if it would provide a copy of any relevant text. Please indicate whether this penalty is an alternative to imprisonment and indicate the types of work which may be imposed in the context of this penalty and the institutions entitled to receive persons sentenced to this penalty.

Articles 1(1) and 2(1). Trafficking in persons. The Committee notes the adoption of Law No. 678 of 2001 to prevent and combat trafficking in human beings, which deals with the prevention and combating of trafficking as well as the protection and assistance granted to victims. By virtue of article 12 of this Law, trafficking in persons constitutes a crime that may be punished with between three and 12 years of imprisonment (which may be supplemented under certain circumstances). The Committee further notes that, in a previous report, the Government provided detailed information on this Law and on the various measures that it had taken to combat trafficking. It referred in particular to the adoption of a National Action Plan to Combat Trafficking in Human Beings consisting of various components (prevention, including the identification of vulnerable categories; awareness raising; improvement of the social and economic situation of vulnerable persons; assistance to victims; legislative reforms; international cooperation). The Committee encourages the Government to pursue its action and would be grateful if it would provide fuller information in future reports on the action taken in the context of the National Action Plan to which it referred and the results achieved. Please also indicate the difficulties faced by the authorities in combating trafficking in persons, punishing those responsible and protecting victims. In particular, please provide information on the prosecutions initiated against those responsible.

Applicable legislation. The Committee notes that the Penal Code (Law No. 15/1968) has been amended on numerous occasions since its re-publication in the Official Journal in 1997. It further notes that the Criminal Code which had been adopted in 2004 (Law No. 301/2004) has not entered into force and appears once again to be the subject of debate. The Committee would be grateful if the Government would provide information on the process of the revision of the penal legislation, as well as a copy of the Penal Code that is in force containing all the amendments made to it.