Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - République de 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, under section 253 of the Execution of Sentences Code) for “inflaming of the national, racial or religious enmity”. 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 noted that the above provision of the Criminal Code provide for penal sanctions involving compulsory labour in circumstances defined in terms which are wide enough to give rise to questions about their application in practice. The Committee therefore requests the Government once again to communicate copies of the court decisions which could define or illustrate the scope of this provision, so as to enable the Committee to ascertain whether section 346 of the Criminal Code is applied in a manner compatible with the Convention.

Article 1(c). Sanctions for violation of labour discipline. The Committee previously 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). In order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention, the Committee again requests the Government to supply information on its application in practice, including copies of any court decisions defining or illustrating its scope.

Supply of 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.