Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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 matters raised in its previous direct request, which read as follows:

Repetition

Effect of the adoption of the new Penal Code on the obligation to work in prison. The Committee previously noted the adoption, in July 2009, of a new Penal Code (Act No. 286/2009), a copy of which is provided with the Government’s report. The Committee notes that, according to the information provided by the Government, prisoners are no longer obliged to work. The Government referred to the repeal of section 56 of the former Penal Code which provided that persons sentenced to a term of imprisonment were obliged to work and refers to the provisions of section 53(3), under which persons sentenced to a term of imprisonment may give their consent to carry out useful work. The Committee noted that the provisions of section 53(3) referred to by the Government do not appear to correspond to those of section 53 of the Penal Code adopted in 2009. Taking into account that the Committee does not have a translated version of this Penal Code, it has been unable to examine its content in detail. In these circumstances, the Committee once again requests the Government to indicate the specific provisions of the new Penal Code of 2009 which stipulate the voluntary nature of work carried out by prisoners. Please also indicate the date on which the Penal Code entered into force.