Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 29) sur le travail forcé, 1930 - Roumanie (Ratification: 1957)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the adoption of Act No. 678 of 2001 concerning the prevention and combating of trafficking in human beings, and also the various measures taken by the Government to combat trafficking in persons. It noted in particular the adoption of a national strategy and a plan of action to combat trafficking comprising different components (prevention, including identification of vulnerable groups; awareness raising; improving the social and economic situation of vulnerable persons; assistance to victims; legislative reform; international cooperation). In its latest report, the Government supplies statistics and information on the action taken to implement the various components of this plan of action. The Committee notes in particular the development of the integrated system for the surveillance of trafficking in persons and of a centralized system for the collection of data on trafficking victims; the strengthening of inter-institutional cooperation through periodic meetings intended to analyse and evaluate the activities devised by the institutions responsible for preventing trafficking and assisting victims; the launch of four public awareness-raising campaigns and of a telephone helpline for assistance; the establishment of the national guidance mechanism aimed at identifying and directing victims towards the competent services in order to strengthen the effectiveness of the measures intended to protect and assist them, and the holding of training workshops for local police officers and rural area police with regard to this mechanism and the national legislation. The Government also points out that, in 2007, a total of 223 joint investigation teams (composed of personnel from the police and the Public Prosecutor’s Office) were established, and launched 160 judicial proceedings in which 2,235 persons were involved. Of the 2,235 persons investigated, a total of 398 were prosecuted. The Government indicates that, in 2008, a total of 187 persons were convicted of trafficking in persons, with 64 of them sentenced to imprisonment of one to five years, 76 to imprisonment of five to ten years, six to imprisonment of ten to 15 years, and 16 received suspended sentences.

The Committee notes all these measures which bear witness to the Government’s commitment to combat trafficking of persons. It encourages the Government to pursue its efforts, in view of the complexity of this transnational phenomenon and the number of victims concerned. The Committee requests the Government to continue to supply information in its future reports on the measures taken to implement the national strategy to combat trafficking, stating the difficulties faced by the authorities in this regard and the solutions found. The Committee in particular requests the Government to indicate the manner in which, firstly, it ensures the protection of victims, inasmuch as such protection can contribute to the effectiveness of investigations and prosecutions against the perpetrators of trafficking and, secondly, it promotes the reintegration of victims of trafficking, particularly those who return to the country. The Government is also requested to continue to supply information on the judicial proceedings instituted against perpetrators and the sentences handed down.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee notes the adoption in July 2009 of a new Penal Code (Act No. 286/2009), a copy of which has been sent by the Government with its report. As regards the obligation to work in prison, the Committee previously noted a contradiction between section 56 of the Penal Code (Penal Code of 1968 as amended), according to which the regime for the implementation of prison sentences is based on the obligation on convicted prisoners to perform useful work, and section 57 of Act No. 275/2006 concerning the implementation of sentences and measures ordered by the judicial authorities in the course of criminal proceedings, according to which persons sentenced to imprisonment who are fit to work may, with their consent, perform work which is related to their qualifications and abilities. In its latest report the Government indicates that section 56 of the Penal Code has been repealed. It also quotes the provisions of section 53(3), under which persons sentenced to imprisonment may give their consent to the performance of useful work. The Committee points out that the provisions of section 53(3) quoted by the Government do not appear to correspond to those of section 53 of the Penal Code adopted in 2009. The Committee therefore requests the Government to specify the provisions of the new Penal Code of 2009 under which work done by persons sentenced to imprisonment is voluntary.

As regards the arrangements for the performance of prison work for private entities, the Committee previously noted that work may be performed in the context of the regime for the provision of services on behalf of an economic operator, individual or association, inside or outside the prison, and that the prison administration may conclude a contract for the provision of services for this purpose (section 60 of aforementioned Act No. 275/2006). In its report, the Government supplies information on the application in practice of Act No. 275/2006. It explains that all prisons have concluded contracts with private operators in order to provide persons sentenced to imprisonment with work. It adds that convicted prisoners who wish to work for an economic operator make their request in writing, and that a committee exists in each prison for selecting candidates. As far as possible, convicted prisoners may choose the type of work or change it if they have the qualifications or skills required for the new type of work. The conditions of work of convicted prisoners approximate as far as possible to those of free workers, and operators must respect the rules relating to the prevention of occupational risks and occupational safety and health. Finally, the Government indicates that the work performed for private economic operators is paid according to rates negotiated between the prison administration and the operator – rates which may not be lower than the national minimum wage. The Committee notes with interest the provisions of Act No. 275/2006 regulating arrangements for the performance of prison work for private operators and also the information sent by the Government in this respect. The Committee requests the Government to send an example of a contract concluded between the prison administration and a private operator and to indicate in its future reports any changes to the arrangements for the performance of prison work on behalf of private operators.

Sentence of community work. The Committee notes the Government’s indication that the conditions for the performance of work in the community interest are laid down in Ordinance No. 55/2002. The Committee notes that the penalty of community work prescribed by this Ordinance constitutes an alternative penalty to the payment of a fine. This penalty is pronounced by a judicial body with the consent of the person concerned and the work is performed on behalf of public associations. The Committee requests the Government to clarify whether the penalty of work in the community interest may also constitute an alternative to the penalty of imprisonment and, if so, to specify the provisions which govern it.