Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 1(b) of the Convention. Mobilizing of labour for purposes of economic development. For a number of years, the Committee has been drawing the Government’s attention to the incompatibility with the Convention of certain provisions of the Law on mobilization, No. 1192-XV of 4 July 2002, the Law on the requisitioning of goods and services in the public interest, No. 1352-XV of 11 October 2002, and the government decision to approve regulations on the mobilization at the workplace, No. 751 of 24 June 2003, under which the central and local authorities, as well as military bodies, can exact compulsory labour from the population under certain conditions as a means of mobilizing and using labour for purposes of the development of the national economy.

The Committee notes the Government’s indication that the Ministry of Labour, Social Protection and Family took into consideration the comments of the Committee, on bringing the abovementioned provisions into conformity with the Convention, and will inform the Ministry of Defence, as the central public administration authority responsible for the implementation of the laws listed above.

The Committee notes this information and recalls that Article 1(b) of the Convention requires the abolition of any form of forced or compulsory labour as a means of mobilization and using labour for purposes of economic development.

The Committee reiterates its firm hope that the necessary measures will be taken to amend the above provisions of the Law on mobilization, No. 1192-XV of 4 July 2002, the Law on the requisitioning of goods and services in the public interest, No. 1352-XV of 11 October 2002, and the government decision to approve regulation on the mobilization at the workplace, No. 751 of 24 June 2003, in order to bring them into conformity with the Convention. It requests the Government to provide in its next report information on the progress made in this regard.

Article 1(a). Sanctions for expressing political views. The Committee previously noted that section 346 of the Criminal Code provides for sanctions of imprisonment for a term of up to three years (involving an obligation to perform labour, under section 253 of the Execution of Sentences Code) for “inflaming of the national, racial or religious enmity”. The Committee noted that the above provision of the Criminal Code provides for penal sanctions involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their application in practice.

Since the Government’s latest report contains no new information on this issue, the Committee recalls that sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system.

The Committee once again requests the Government to provide information on the application in practice of section 346 of the Criminal Code, especially copies of the court decisions which could define or illustrate the scope of this provision.

Article 1(c). Sanctions for violation of labour discipline. In its previous comments, the Committee noted that, under section 329 of the Criminal Code, the non-performance or improper performance by an official of his duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to public interests, is punishable by deprivation of freedom for a term of up to three years (which involves compulsory prison labour).

Noting the absence of information on this point, the Committee once again requests the Government to provide information on the application in practice of section 329 of the Criminal Code, in order to enable it to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention. Please also communicate copies of any court decisions defining or illustrating its scope.

Supply of legislation. In the absence of the requested legislation, the Committee again requests the Government to communicate, with its next report, a copy of the regulations governing service on board seagoing vessels, to which reference is made in section 58 of the Merchant Shipping Code, as well as any other provisions governing labour discipline in merchant shipping.