Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Article 1(a) of the Convention. 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) 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. The Committee requested the Government to provide information on the application in practice of the above section of the Criminal Code.

The Committee notes with regret an absence of information on this point in the Government’s report. The Committee therefore reiterates its request to the Government to provide information on the application in practice of section 346 of the Criminal Code, with an indication of whether any court rulings have been handed down under this section, the penalties imposed and a description of the acts giving rise to such rulings.

Article 1(b). 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 Act on mobilization, No. 1192-XV of 4 July 2002, the Act 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 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 with regret that the Government does not provide information on any progress made in the amendment of the relevant legislation. The Committee, once again, firmly hope that the necessary measures will be taken to amend the above provisions of the Act on mobilization, No. 1192-XV of 4 July 2002, the Act on the requisitioning of goods and services in the public interest, No. 1352-XV of 11 October 2002, and the Government decision to approve the regulations on mobilization at the workplace, No. 751 of 24 June 2003, in order to bring them into conformity with the Convention. It further requests the Government to provide information on the progress made in this regard.

Article 1(c). Sanctions for violations 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/her 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). The Committee requested the Government to provide information on the application in practice of the above section of the Criminal Code.

The Committee notes with regret an absence of information on this point in the Government’s report. The Committee therefore reiterates its request to 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. It further requests the Government to indicate whether any court rulings have been handed down under section 329 of the Criminal Code, the penalties imposed and a description of the acts giving rise to such rulings.

Communication of legislation. The Committee reiterates its request to the Government to communicate 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.