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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Obligation to work in prison. In its previous comments, the Committee noted that the new Criminal Code adopted in 2009 does not include provisions relating to work by prisoners and that this matter would be regulated by the Bill on the execution of penalties and sentences of imprisonment ordered by the courts. The Committee noted that section 78 of the Bill provides for the right of convicted prisoners to work, but does not appear to contain provisions on compulsory work by prisoners. The Committee also noted the Government’s indication that the Order of the Minister of Justice No. 420/2011 on the conditions under which convicted persons are authorized to work, after giving their consent, includes annexes containing model contracts to be concluded by the prison for work performed with the consent of the prisoner and a form for prisoners to request to work on a voluntary basis. The Committee requested the Government to provide a copy of the Order and its annexes, and a copy of the Bill on the execution of penalties and prison sentences ordered by the courts, once it had been adopted.

The Committee notes that the Government’s report contains a copy of Act No. 254/2013 on the execution of sentences, but does not contain a copy of the Order of the Minister of Justice No. 420/2011 and its annexes. The Committee also notes the Government’s indication in its report on the Forced Labour Convention, 1930 (No. 29), that the implementing regulations of Act No. 254/2013 were approved by Government Decision No. 157/2016, and contain a chapter on work by prisoners. The Committee notes the Government’s indication that section 78 of Act No. 254/2013 relates to the right to work and not the obligation to work. The Committee notes this information and once again requests the Government to provide a copy of the Order of the Minister of Justice No. 420/2011, including its annexes, as well as a copy of the implementing regulations of Act No. 254/2013 on the execution of sentences.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Obligation to work in prison. In its previous comments, the Committee noted the adoption, in July 2009, of a new Penal Code (Act No. 286/2009), which, unlike the previous Penal Code, did not include provisions relating to the work to be performed by prisoners. It noted the Government’s indication that the Penal Code of 2009 had not yet come into force and that a draft law implementing the Penal Code was still under debate.

The Committee notes the Government’s statement that the Penal Code (Act No. 286/2009) will come into force on 1 February 2014, and that, as the Penal Code does not contain provisions in this regard, the matter of prison labour will be governed by the draft law on the execution of sentences and measures involving deprivation of liberty ordered by the court, once adopted. It observes that section 78 of this draft law provides for the right to work of convicted prisoners, but does not appear to contain provisions relating to compulsory prisoner labour. However, the Committee notes the Government’s statement in its report submitted under the Forced Labour Convention, 1930 (No. 29), that the Order of the Minister of Justice No. 420/2011 on the conditions in which the convicted persons may work only with their consent was published in March 2011. The Government indicates that the annexes of Order No. 420/2011 provide models for the contract to be concluded in the penitentiary for work performed on a voluntary basis, as well as the commitment of the convicted persons to work on a voluntary basis. The Committee requests the Government to provide a copy of the Order of the Minister of Justice No. 420/2011, including the Order’s annexes, with its next report. It also requests the Government to provide a copy of the draft law on the execution of sentences and measures involving deprivation of liberty ordered by the court, once adopted.

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

Effect of the adoption of the new Penal Code on the obligation to work in prison. In its previous comments, the Committee noted the adoption, in July 2009, of a new Penal Code (Act No. 286/2009). It noted a contradiction between section 56 of the former Penal Code (Penal Code of 1968 as amended) which provided that persons sentenced to a term of imprisonment were obliged to work and the provisions of section 53(3), of the Penal Code of 2009, under which persons sentenced to a term of imprisonment may give their consent to carry out useful work. The Committee noted however that the provisions of section 53(3) referred to by the Government did not appear to correspond to those of section 53 of the Penal Code adopted in 2009. The Committee requested the Government to provide clarification on this point.

The Committee notes the Government’s indication that the Penal Code of 2009 does not include provisions on work to be performed by prisoners, and that section 78 of the draft law on the enforcement of punishments involving deprivation of liberty, provides for the right to work of convicted prisoners. The Committee also notes the Government’s indication that the Penal Code of 2009 has not yet come into force and that the draft law implementing the Penal Code is still under debate at the Parliament.

In light of the above, the Committee requests the Government to provide information on the progress achieved with regard to the adoption of the draft law on the enforcement of punishments involving a deprivation of liberty which appears to provide that work of persons sentenced to prison is performed on a voluntary basis.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Effect of the adoption of the new Penal Code on the obligation to work in prison. The Committee notes 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 refers 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 notes 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 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.

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

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. In its previous comments, the Committee requested the Government to provide information on the application practice of articles 238 and 239 of the Penal Code, under which crimes against authority are punishable by sentences of imprisonment (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; 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).

The Committee notes with interest the information provided by the Government in its report that article 238 of the Penal Code was repealed in 2002 and that article 239 is due to be amended. It also notes with interest that Law No. 278/2006 of 4 July 2006 amending the Penal Code repealed articles 205 and 206, under which defamation and slander were punishable by a sentence of imprisonment of between one month and two years and between three months and three years, respectively. The Law also amended article 239 of the Penal Code, which now provides that 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, are punishable by imprisonment (insults and slander have been removed). The Committee would be grateful if the Government would continue to provide information on the manner in which effect is given in practice to the provisions of article 239 of the Penal Code and, where appropriate, to provide copies of court decisions defining or illustrating their scope.

2. The Committee also notes that many amendments have been made to the Penal Code (Law No. 15/1968) since its re-publication in the Official Journal in 1997. It further notes that the Penal Code which had been adopted in 2004 (Law No. 301/2004) has not entered into force and appears to be the subject of further discussion. The Committee would be grateful if the Government would provide information on the process of revising the penal legislation and if it would provide a copy of the Penal Code that is in force containing all the amendments made to it.

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

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the first reports provided by the Government and would be grateful if it would provide additional information on the following points.

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. Please also provide information on any measure taken or envisaged to ensure compliance with Article 1(a) of the Convention.

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.