CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Romania (RATIFICATION: 1957)

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. In its previous comments, the Committee welcomed the numerous measures taken by the Government to reinforce the legal and institutional framework to combat trafficking in persons and encouraged the Government to pursue its efforts in this respect. The Committee notes the information provided by the Government in its report on the number of inspections undertaken between 2016–2018 (including the number and amount of penalties imposed) to monitor compliance with the legislation protecting workers from trafficking in persons. The Committee also notes the 2016 report of the Group of Experts on Action Against Trafficking in Human Beings (GRETA), on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Romania. It notes that this report welcomes the measures undertaken, for instance with regard to the number of convictions for trafficking in persons between 2012 and 2015. The Committee also notes that the report recommends the intensification of measures in a number of areas, including with regard to the training of labour inspectors, law enforcement officers, prosecutors and judges on trafficking in persons. The Committee further notes the adoption of the third National Strategy against trafficking in persons (2018–2022), which contains five components: (1) prevention; (2) victim protection and assistance; (3) investigation; (4) research and monitoring; and (5) inter-institutional and international cooperation. One of the proposed measures relating to investigation concerns the development of the capacities of the judiciary and law enforcement staff in the area of trafficking in persons. The Committee requests the Government to provide information on the measures taken to give effect to the components of the National Strategy against trafficking in persons (2018 – 2022), and to provide information on the results achieved and obstacles encountered. The Committee also requests the Government to continue to provide statistical information on the activities of labour inspectors to ensure compliance with the legal provisions concerning the protection of workers from trafficking in persons (including the number of fines imposed and cases referred to the judicial authorities), as well to provide information on the number of prosecutions initiated and convictions of perpetrators. It also requests the Government to provide information on the training provided to judges, labour inspectors and other relevant actors.

2. Protection and assistance for victims. In its previous comments, the Committee requested the Government to continue its efforts regarding the identification of victims of trafficking in persons and to provide information on the number of persons benefiting from protection and assistance measures. The Committee notes the Government’s reference to the adoption of the Expeditious Ordinance of the Government No. 24/2019, implementing and supplementing Act No. 211 of 2004 on certain measures to ensure the protection of victims of crime, which applies to all victims of crime, including victims of trafficking in persons. The Committee notes that the Act provides for a number of measures to enhance the protection of victims of crime, including the confidentiality of their names and addresses. The Committee also notes the detailed information in the 2016 GRETA report and the information provided by the Government in its 2019 reply to the questionnaire for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings. In this regard, it notes: (i) the statistical information on the number of victims having benefited from protection and assistance services between 2015 and 2019; (ii) the information on the various awareness-raising measures targeting vulnerable groups, in particular Roma communities; (iii) the drawing up of indicators and tools for the identification of victims of human trafficking; and (iv) the revised procedures of the National Identification and Referral Mechanism, such as the information requirements regarding the rights of victims of trafficking in persons, and the existing alternatives to informed consent regarding referral to assistance and protection services. The Committee also notes the information provided to GRETA by the Government in 2019, referring to a downward trend in the number of victims identified since 2015, which the Government indicates is not linked to authorities having identified fewer victims but to the efforts undertaken in previous years and a shift towards related crimes, which do not fall under the crime of trafficking in persons. The Government also indicates the number of victims of trafficking granted financial compensation by the courts. The Committee requests the Government to provide specific information on the implementation of the component in the National Strategy 2018–2022 regarding victim protection and assistance. In this respect, it requests the Government to provide information on the number of victims identified and the measures taken, such as the training of relevant actors, the use of indicators and tools, etc., which have enabled their identification. It also requests the Government to indicate the number of victims having benefited from protection and assistance services, and to provide information on the number of cases in which financial compensation has been granted.

Articles 1(1), 2(1) and (2)(c). Work exacted for private entities as a consequence of a conviction in a court of law. In its previous comments, the Committee noted the Government’s indication that, while section 78 of Act No. 254/2013 on the execution of penalties and sentences of imprisonment provides for the right of convicted prisoners to work, there is no obligation for prisoners to work. It further noted that section 83 of Act No. 254/2013 and section 175 of Government Decision No. 157 (implementing Act No. 254/2013) provide for the conclusion of service contracts between the prison administration and the natural or legal persons benefiting from such work. Moreover, pursuant to section 174(3) of Government Decision No. 157/2016, prisoners shall sign a document confirming their willingness to work, which contains information on their rights and obligations. In response to the Committee’s request for copies of the implementing texts of Act No. 254/2013, the Government refers to Decision No. 500165/2017 of the Director-General of the National Prisons’ Administration approving the instructions on the organization of work of prisoners. The Committee notes that Annex 5 of Decision No. 500165/2017 contains a form for prisoners indicating their rights and obligations, to be signed by the prisoners giving their consent to work. It also notes that both Government Decision No. 157/2016 and Decision No. 500165/2017 require working conditions which approximate a free labour relationship, including with regard to wages (which may not be below the national minimum wage), working hours, social security and occupational safety and health. The Committee therefore notes that by virtue of the above Decisions, prisoners have the right, but not the obligation, to work.