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Forced Labour Convention, 1930 (No. 29) - Republic of Moldova (RATIFICATION: 2000)

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The Committee notes the observations of the National Confederation of Trade Unions of Moldova (CNSM), received on 17 August 2022.
Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (i) Strategy to fight trafficking in persons. Implementation and assessment. The Committee notes the National Strategy for Preventing and Combating Trafficking in Human Beings for 2018–23 and its implementing Action Plans which focus on prevention, protection, prosecution, and partnership in the field of countering trafficking in persons. The Committee further notes that the National Strategy provides for periodic monitoring of its implementation, notably through the elaboration and adoption of reports by the National Committee for Combating Trafficking in Human Beings. The Committee requests the Government to provide summarized information on the assessment of the implementation of the National Strategy for 2018–23, including on the results achieved and the difficulties encountered in combatting trafficking in persons as well as on the measures taken or envisaged thereof.
(ii) Identification and protection of victims. According to the Government’s information, in 2021, 264 victims of trafficking for labour exploitation, including 84 women and 180 men, were identified. The majority of the identified victims of trafficking were exploited abroad. The assistance and protection centres for victims and potential victims of trafficking provided support services to 58 victims, including 30 women and 28 men, in 2021. According to the Government, in 2021, the Ministry of Labour and Social Protection, in partnership with the International Organization for Migration, established a shelter to provide accommodation and assistance to male victims of trafficking. The Committee also takes note of the adoption in 2022 of the Program for the development of the National Referral Mechanism for protection and assistance of crime victims for 2022–26 and its implementing Action Plan for 2022–24. The Committee encourages the Government to continue to take measures to ensure that victims of trafficking in persons for both sexual and labour exploitation are identified and that they are provided with appropriate protection, assistance and compensation, as provided for under part III of the Act No. 241/2005 on Preventing and Combating Trafficking in Human Beings and the National Referral Mechanism.
(iii) Prosecution and application of dissuasive penal sanctions. The Committee notes the information provided by the Government that in 2021, 51 prosecutions were initiated under section 165 (trafficking in persons) of the Criminal Code, following which 25 indictments were filed in court and 18 persons were sentenced to imprisonment. The Government also indicates that several large-scale police operations were jointly carried out by the police of the Republic of Moldova and other countries, particularly Romania, France and Italy, to identify the cases of trafficking in persons for the purpose of labour exploitation in 2021.
The Committee notes that in its observations, the CNSM indicates that the Republic of Moldova continues to be a country of origin of trafficking in persons for labour and sexual exploitation. The CNSM reiterates that corruption impedes the effective enforcement of legislation and prosecution of trafficking in persons cases. It also refers to the 2020 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 the Republic of Moldova, in which the GRETA expressed concern about the lengthy criminal proceedings in trafficking in persons cases which may have a negative effect on the victims and the outcome of prosecution.
The Committee requests the Government to take the necessary measures to ensure that law enforcement bodies carry out prompt investigations in all cases of trafficking in persons to allow for effective prosecutions, including in cases of complicity of officials, and for the imposition of sufficiently dissuasive penalties on perpetrators. The Committee further requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and penalties imposedunder section 165 of the Criminal Code.
2. Forced labour practices. The Committee previously requested the Government to provide information on the application of section 168 (the use of forced labour) of the Criminal Code in practice. The Government indicates that in 2021, four convictions were handed down against five persons for the use of forced labour. In particular, one person was sentenced to imprisonment, two were sentenced to probation, and one was sentenced to a fine.
Recalling that under Article 25 of the Convention, the imposition of forced labour shall be punishable with penal sanctions that are adequate and dissuasive, the Committee requests the Government to continue to provide information on the prosecutions and sentences handed down in relation to the use of forced labour with an indication of the nature of the sanctions imposed.
Article 2(2)(c). 1. Work of prisoners for private entities. Referring to its previous comments, the Committee takes due note that according to section 546 of the Decree No. 583 of 2006 on the Status for Execution of Punishment by Convicts, convicts may be engaged in work, with their written consent, in accordance with their physical and mental condition, abilities and profession as well as subject to a medical examination. The Committee further notes that the provisions of the labour legislation concerning working hours, rest periods and occupational safety and health apply to convicts (section 556 of Decree No. 583 of 2006).
2. Sentence of community work. The Committee notes that sections 62 and 67 of the Criminal Code provide, among the penal sanctions that can be imposed by courts, the penalty of community work, which consists of an obligation to perform unpaid work for the benefit of the society during a period from 60 to 240 hours. Furthermore, section 37 of the Code on Offences No. 218 of 2008 sets out the penalty of community work as an administrative sanction imposed by courts. According to Government Decree No. 1643 of 2003 approving the Procedure for the Execution of Criminal Sentences of Unpaid Work for the Benefit of the Community, community work is performed at social facilities of organizations, institutions and enterprises regardless of their organizational and legal form (sections 4 and 5). The Government Decree also sets out an open-ended list of works which may be performed by convicted persons sentenced to community work (annex 2).
The Committee recalls that, where community work may be performed for the benefit of private entities, such as charitable associations or institutions, the conditions for its performance should be adequately managed and supervised to ensure that the work undertaken is effectively work of general interest and that the entities for which it is carried out are non-profit-making (see the Committee’s 2007 General Survey on the eradication of forced labour, paragraph 204). The Committee therefore requests the Government to provide information on the number of convicted persons who performed community work for private entities as well as the nature and types of community work performed in this regard.

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted that section 165 of the Criminal Code, as amended in 2013, provides for a minimum penalty of six years of imprisonment for the offences related to trafficking. It noted the Government’s indication that in 2014, 151 cases of trafficking in persons were recorded, 42 cases were sent to court and 51 persons were convicted. Moreover, during the first half of 2015, 82 cases were recorded, 27 were sent to court and 18 persons convicted. The Government indicated that in 2014, the Centre for Assistance and Protection of Victims and Potential Victims of Trafficking in Chisinau provided legal, medical and psychological assistance to 80 victims. The Committee requested the Government to continue to provide information on the measures taken to prevent, suppress and combat trafficking in persons as well as on the measures taken to strengthen the protection of victims of trafficking.
The Government indicates in its report that during the first nine months of 2018, 79 criminal cases of trafficking in persons were initiated by the police, under section 165 of the Criminal Code, involving 163 victims of trafficking identified (131 men and 32 women). The Government states that it has conducted awareness-raising campaigns, for the general public and for students, through primary, secondary and higher education. The Committee notes that the Government has adopted in 2018 a National Strategy for Preventing and Combating Trafficking in Human Beings for the 2018–23 period, and the Action Plan 2018–20 regarding its implementation. It notes that the Permanent Secretariat of the National Committee for Combating Trafficking in Human Beings is in charge of the coordination and monitoring of the process of implementing the above-mentioned Strategy and Action Plan and that it will produce an annual national report on preventing and combating trafficking in persons (section 4 of Decision No. 461 of 22 May 2018). The Committee also notes that, according to the Recommendation CP(2016)6 of the Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings of May 2016, the Government has considerably increased the number of places available in centres for assistance and protection of victims and potential victims of trafficking in persons.
The Committee notes that the UN Committee against Torture (CAT) expressed concerned that Moldova continues to be a country of origin for trafficking for purposes of labour and sexual exploitation. The CAT was also concerned at the fact that corruption impedes the enforcement of legislation and effective prosecution and influences the outcome of cases (CAT/C/MDA/CO/3, paragraph 25). The Committee requests the Government to continue to take the necessary measures to ensure the effective application of section 165 of the Criminal Code, and to provide information on the number of prosecutions, convictions and penalties imposed. The Committee also requests the Government to provide information on the impact of the National Strategy for Preventing and Combating Trafficking in Human Beings for the 2018–23 period in preventing trafficking in persons. Lastly, the Committee requests the Government to continue to provide information on the number of victims of trafficking who have benefitted from assistance and protection.
2. Forced labour practices. The Committee previously noted that section 168 of the Criminal Code, which prohibits forced labour, includes forced labour practices committed by a public person, a foreign public person, an international civil servant, as well as legal entities. It requested the Government to provide information on its application in practice. The Committee notes the Government’s indication that 19 criminal cases on forced labour were initiated during the first nine months of 2018, under section 168 of the Criminal Code, and that 32 victims were identified (29 men and three women). The Committee requests the Government to continue to provide information on the application of section 168 of the Criminal Code, as well as whether perpetrators are public or private persons, indicating the number of prosecutions, convictions and penalties imposed.
Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that, under section 253 of the Execution of Sentences Code, every person convicted to a prison sentence is under an obligation to work, such work being exacted from them either at enterprises, workshops and auxiliary facilities of the penitentiary system or outside the penitentiary institution, under a contract concluded between the administration of a penitentiary institution and individuals or legal entities concerned. While having observed that the formal consent of prisoners to work for private enterprises does not appear to be asked for, the Committee noted the Government’s reference to Decree No. 583 of 2006 on the Status for execution of punishment by convicts which provides for the consent of the prisoner to perform labour. The Committee requested the Government to communicate a copy of the above Decree. Noting the absence of information provided in this regard in the Government’s report, the Committee once again requests the Government to provide a copy of Decree No. 583 of 26 May 2006, as well as copies of contracts concluded between private enterprises and penitentiary institutions.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.
Repetition
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures and penalties. The Committee notes the detailed information provided by the Government in its report concerning the measures taken to prevent, suppress and punish trafficking in persons, including statistics and data on cases of trafficking which have been investigated during the period of 2012–14. It notes in particular that following the amendment of the Criminal Code (Law No. 270 of 7 November 2013) section 165 has increased the minimum penalty for the offences related to trafficking from the previous five years of imprisonment to six years. A new section 1651 has also been added, which establishes penalties of imprisonment for the offence of trafficking for labour exploitation. Moreover, section 168 on forced labour has been strengthened to include forced labour practices committed by a public person, a foreign public person, an international civil servant, as well as legal entities. The Committee also notes the statistical information provided by the Government concerning the number of cases related to trafficking in persons dealt with by the courts. In 2014, 151 cases of trafficking were recorded, involving 84 victims of trafficking identified, including 69 adults (55 women and 14 men) and 15 children. Of the 151 cases of trafficking recorded, 42 cases were sent to court and 51 persons were convicted. Moreover, during the first half of the year 2015, 82 cases were recorded, 27 were sent to court, and 18 persons convicted.
The Committee notes the adoption of the sixth National Plan for Prevention and Combating of Trafficking in Human Beings for 2014–16, that includes among other measures, the training of the law enforcement bodies (labour inspectors, medical workers and legal officers); the improvement of the statistical database on trafficking; as well as the awareness raising among vulnerable groups of the population.
The Committee finally notes that, in its concluding observations of 2013, the UN Committee on the Elimination of Discrimination against Women (CEDAW), while acknowledging the State party’s efforts to combat trafficking, expressed its concern that the State party remains a country of origin for trafficking in persons for purposes of sexual and labour exploitation and that sentences handed down to trafficking offenders are lenient. The CEDAW further recommended to the Government to ensure the timely prosecution and commensurate punishment of traffickers and review its sentencing policy in trafficking cases (CEDAW/C/MDA/CO/4-5, paragraphs 21–22).
The Committee requests the Government to continue to provide information on the measures taken to prevent, suppress and combat trafficking in persons, in particular with regard to the application of section 1651 and 168 of the Criminal Code, including data on the number of convictions and penalties applied. It also requests the Government to provide information on the implementation of the 2014–16 National Plan for Prevention and Combating of Trafficking in Human Beings, indicating the measures adopted and the results achieved in this respect.
2. Assistance to victims. With regard to the actions undertaken to protect victims of trafficking, the Government indicates that in 2014, the Centre for assistance and protection of victims and potential victims of trafficking in Chisinau provided legal, medical and psychological assistance to 80 victims, of whom 57 were women (including six children) and 23 men (including five children). The Committee notes that the 2014–16 National Plan for Prevention and Combating of Trafficking in Human Beings has identified the legal rehabilitation and compensation for victims of trafficking, as well as the protection of victims who are witnesses as priority areas. The Committee requests the Government to continue to provide information on the measures taken to strengthen the protection of victims of trafficking. The Committee also requests the Government to indicate the results achieved with regard to the establishment of a system for compensation for victims of trafficking. Lastly, the Committee requests the Government to continue to provide statistics on the number of victims who have benefitted from the assistance of the Centre for assistance and protection of victims and potential victims of trafficking, describing the services provided.
Article 2(2)(a). Work or service exacted in virtue of compulsory military service laws. In its previous comments, the Committee noted the respective provisions of the Law on the compulsory military service in the defence forces, No. 1245 of 18 July 2002, and the Law on the alternative service, No. 633 of 9 July 1991. The Committee requested the Government to indicate the provisions which provide for guarantees to ensure that work exacted in the framework of the military service are used for purely military ends.
The Committee notes the Government’s reference to section 33(1) and (2) of Law No. 345 of July 2003, on National Defence, under which the main purpose of the national army is to guarantee the sovereignty, independence, and the unity of the country. The Government indicates that the use of the army in solving problems that are not related to the defence of the country is done exclusively based on a decision by the Parliament, and in case of extreme situations, by decrees of the President. The Government also states that even in these extreme cases, conscripts are called upon to perform work in the case of emergency situations of natural, technological or biological and social character (section 21(3) of Law No. 212 of June 2004 on the state of emergency, siege and war). Therefore, the legal framework regulating the national defence ensures that the activity of the persons performing the military service is to be used exclusively for the execution of constitutional duties of ensuring the national defence.
The Committee takes note of this information. The Committee requests the Government to provide information in its future reports, on the cases in which conscripts may have been requested to perform duties which are not of a purely military character.
Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that, under section 253 of the Execution of Sentences Code, every convicted person to a prison sentence is under an obligation to work, such work being exacted from them either at enterprises, workshops and auxiliary facilities of the penitentiary system or outside the penitentiary institution, under a contract concluded between the administration of a penitentiary institution and individuals or legal entities concerned. While having noted that, under the above provisions, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observed that, under the legislation in force, the formal consent of prisoners to work for private enterprises does not appear to be asked for. The Committee also noted the Government’s reference to Decree No. 583 of 2006 on the Status for execution of punishment by convicts which provides for the consent of the prisoner to perform labour. The Committee requested the Government to communicate a copy of the above Decree.
The Committee notes the Government’s indication that the statute of penalty execution by the convicts, approved by Government Decree No. 583 of 26 May 2006, provides in point 546 that the prisoner, with his written consent can be involved in working activity, taking into consideration his physical and mental condition, his skills, profession and, if he is recognized as being able to perform respective work based on medical examination. The Committee notes however that a copy of the Decree to which the Government refers to has not been attached to the report. In order to assess how the free, informed and formal consent of prisoners to work for private enterprises is obtained, the Committee, once again requests the government to provide copy of Decree No. 583 of 26 May 2006, as well as copies of contracts concluded between private enterprises and penitentiary institutions.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures and penalties. The Committee notes the detailed information provided by the Government in its report concerning the measures taken to prevent, suppress and punish trafficking in persons, including statistics and data on cases of trafficking which have been investigated during the period of 2012–14. It notes in particular that following the amendment of the Criminal Code (Law No. 270 of 7 November 2013) section 165 has increased the minimum penalty for the offences related to trafficking from the previous five years of imprisonment to six years. A new section 1651 has also been added, which establishes penalties of imprisonment for the offence of trafficking for labour exploitation. Moreover, section 168 on forced labour has been strengthened to include forced labour practices committed by a public person, a foreign public person, an international civil servant, as well as legal entities. The Committee also notes the statistical information provided by the Government concerning the number of cases related to trafficking in persons dealt with by the courts. In 2014, 151 cases of trafficking were recorded, involving 84 victims of trafficking identified, including 69 adults (55 women and 14 men) and 15 children. Of the 151 cases of trafficking recorded, 42 cases were sent to court and 51 persons were convicted. Moreover, during the first half of the year 2015, 82 cases were recorded, 27 were sent to court, and 18 persons convicted.
The Committee notes the adoption of the sixth National Plan for Prevention and Combating of Trafficking in Human Beings for 2014–16, that includes among other measures, the training of the law enforcement bodies (labour inspectors, medical workers and legal officers); the improvement of the statistical database on trafficking; as well as the awareness raising among vulnerable groups of the population.
The Committee finally notes that, in its concluding observations of 2013, the UN Committee on the Elimination of Discrimination against Women (CEDAW), while acknowledging the State party’s efforts to combat trafficking, expressed its concern that the State party remains a country of origin for trafficking in persons for purposes of sexual and labour exploitation and that sentences handed down to trafficking offenders are lenient. The CEDAW further recommended to the Government to ensure the timely prosecution and commensurate punishment of traffickers and review its sentencing policy in trafficking cases (CEDAW/C/MDA/CO/4-5, paragraphs 21–22).
The Committee requests the Government to continue to provide information on the measures taken to prevent, suppress and combat trafficking in persons, in particular with regard to the application of section 1651 and 168 of the Criminal Code, including data on the number of convictions and penalties applied. It also requests the Government to provide information on the implementation of the 2014–16 National Plan for Prevention and Combating of Trafficking in Human Beings, indicating the measures adopted and the results achieved in this respect.
2. Assistance to victims. With regard to the actions undertaken to protect victims of trafficking, the Government indicates that in 2014, the Centre for assistance and protection of victims and potential victims of trafficking in Chisinau provided legal, medical and psychological assistance to 80 victims, of whom 57 were women (including six children) and 23 men (including five children). The Committee notes that the 2014–16 National Plan for Prevention and Combating of Trafficking in Human Beings has identified the legal rehabilitation and compensation for victims of trafficking, as well as the protection of victims who are witnesses as priority areas. The Committee requests the Government to continue to provide information on the measures taken to strengthen the protection of victims of trafficking. The Committee also requests the Government to indicate the results achieved with regard to the establishment of a system for compensation for victims of trafficking. Lastly, the Committee requests the Government to continue to provide statistics on the number of victims who have benefitted from the assistance of the Centre for assistance and protection of victims and potential victims of trafficking, describing the services provided.
Article 2(2)(a). Work or service exacted in virtue of compulsory military service laws. In its previous comments, the Committee noted the respective provisions of the Law on the compulsory military service in the defence forces, No. 1245 of 18 July 2002, and the Law on the alternative service, No. 633 of 9 July 1991. The Committee requested the Government to indicate the provisions which provide for guarantees to ensure that work exacted in the framework of the military service are used for purely military ends.
The Committee notes the Government’s reference to section 33(1) and (2) of Law No. 345 of July 2003, on National Defence, under which the main purpose of the national army is to guarantee the sovereignty, independence, and the unity of the country. The Government indicates that the use of the army in solving problems that are not related to the defence of the country is done exclusively based on a decision by the Parliament, and in case of extreme situations, by decrees of the President. The Government also states that even in these extreme cases, conscripts are called upon to perform work in the case of emergency situations of natural, technological or biological and social character (section 21(3) of Law No. 212 of June 2004 on the state of emergency, siege and war). Therefore, the legal framework regulating the national defence ensures that the activity of the persons performing the military service is to be used exclusively for the execution of constitutional duties of ensuring the national defence.
The Committee takes note of this information. The Committee requests the Government to provide information in its future reports, on the cases in which conscripts may have been requested to perform duties which are not of a purely military character.
Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that, under section 253 of the Execution of Sentences Code, every convicted person to a prison sentence is under an obligation to work, such work being exacted from them either at enterprises, workshops and auxiliary facilities of the penitentiary system or outside the penitentiary institution, under a contract concluded between the administration of a penitentiary institution and individuals or legal entities concerned. While having noted that, under the above provisions, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observed that, under the legislation in force, the formal consent of prisoners to work for private enterprises does not appear to be asked for. The Committee also noted the Government’s reference to Decree No. 583 of 2006 on the Status for execution of punishment by convicts which provides for the consent of the prisoner to perform labour. The Committee requested the Government to communicate a copy of the above Decree.
The Committee notes the Government’s indication that the statute of penalty execution by the convicts, approved by Government Decree No. 583 of 26 May 2006, provides in point 546 that the prisoner, with his written consent can be involved in working activity, taking into consideration his physical and mental condition, his skills, profession and, if he is recognized as being able to perform respective work based on medical examination. The Committee notes however that a copy of the Decree to which the Government refers to has not been attached to the report. In order to assess how the free, informed and formal consent of prisoners to work for private enterprises is obtained, the Committee, once again requests the government to provide copy of Decree No. 583 of 26 May 2006, as well as copies of contracts concluded between private enterprises and penitentiary institutions.

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Articles 1(1) and 2(1) of the Convention. Trafficking in persons. 1.  National Plan for Preventing and Combating Trafficking of Human Beings. The Committee notes the comprehensive information provided by the Government in its report on the measures taken to prevent and combat trafficking in persons, including the measures taken by the Centre for Combating Human Trafficking, which pays attention to the process of monitoring businesses that provide travel services and employment of Moldovan citizens abroad.
The Committee also notes the National Plan for Preventing and Combating Trafficking of Human Beings for 2010–11, which covers five main areas: (i) assistance framework; (ii) prevention, including awareness raising and education; (iii) assistance and protection of victims and witnesses; (iv) investigation and prosecution of traffickers; and (v) international cooperation, including cooperation between the police and the judiciary.
The Committee encourages the Government to pursue its efforts, particularly within the framework of the National Plan for Preventing and Combating Trafficking in Human Beings, to prevent, suppress and combat trafficking in persons, and to provide information on the measures taken in this regard, as well as the results achieved.
2. Protection and assistance for victims of trafficking in persons. The Committee notes the Government’s indication that the mechanism for protection and assistance of victims is provided by Parliament Decision No. 257 of 2008 on the approval of the national referral system to protect and assist victims and potential victims of human trafficking. It adds that during the years 2010–11, three participants of the penal cases were taken into the witness protection programme.
In this connection, the Committee takes note of the report carried out by the Group of Experts on Action against Trafficking in Human Beings (GRETA), concerning the implementation of the Council of Europe Convention against Trafficking in Human Beings by Moldova (February 2012), according to which the protection measures of victims of trafficking may include their personal protection, their family members or property. These protection measures apply to witnesses and injured parties in criminal proceedings during the phase of the investigation and at the stage of court proceedings, as well as to victims at the stage of investigation in case the victim agrees to cooperate before the opening of criminal proceedings. As regards obtaining testimony from victims during the criminal proceedings, the Committee notes that pursuant to section 110 of the Code of Criminal Procedure, judges may allow hearings of witnesses by means of a teleconference, when there are reasonable grounds to believe that the life, physical integrity of a witness or close relative are in danger as a result of his/her testimony.
The Committee also notes in accordance with section 24(6) of the Anti Trafficking Law of 2005, that foreign citizens or stateless persons who are victims of trafficking and are placed in assistance and protection centres, or participate in criminal proceedings against traffickers, are entitled to a temporary residence permit of a duration of up to six months, which may be further extended if necessary for the recovery of the victim or his/her participation in the criminal proceedings. Regarding the right of victims of trafficking to compensation, the Committee notes that pursuant to section 23(2) of the Anti-Trafficking Law, victims are entitled to compensation for damages, and may claim compensation by initiating a civil action as part of the criminal proceedings against traffickers.
The Committee notes with interest the efforts made by the Government to provide assistance to the victims of trafficking. The Committee requests the Government to continue to communicate practical information on the measures taken to provide protection and assistance, including legal assistance, compensation to victims of trafficking, as well as information on the number of persons benefiting from these services.
Article 2(2)(a). Compulsory military service. In its previous comments, the Committee noted that under article 44(2)(a) of the Constitution of the Republic of Moldova and section 7(5)(a) of the Labour Code, compulsory military service or alternative (civic) service are excluded from the prohibition of forced labour. The Committee noted the respective provisions of the Law on the compulsory military service in the defence forces, No. 1245 of 18 July 2002, and the Law on the alternative service, No. 633 of 9 July 1991. It also noted the Government’s statement in its 2006 report that the legislation in force does not contain express provisions to ensure that services exacted for military purposes are used for purely military ends but this derives from the provisions governing military service.
Since the Government’s latest report contains no new information on this issue, the Committee recalls that, under Article 2(2)(a) compulsory military service may be exempted from the scope of the Convention only if used for purely military ends, and again requests the Government to indicate the provisions, which, in the Government’s view, provide for guarantees to ensure that services exacted for military purposes are used for purely military ends, thus giving effect to this Article of the Convention.
Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that, under section 253 of the Execution of Sentences Code, every convicted person is under an obligation to work, such work being exacted from them either at enterprises, workshops and auxiliary facilities of the penitentiary system or outside the penitentiary institution, under a contract concluded between the administration of a penitentiary institution and individuals or legal entities concerned.
The Committee also noted that, under section 253, the obligation of convicted persons to work may include work outside the penitentiaries with private individuals or entities. As regards conditions of work of convicted persons, the Committee further noted that, under section 254 of the Execution of Sentences Code, hours of work and rest periods, as well as occupational safety and health are governed by the general labour legislation. By virtue of section 255 of the Code, the remuneration of convicted persons is also governed by labour legislation; their monthly wages cannot be lower than the legally established minimum wage, and deductions from wages on the basis of execution documents cannot exceed 75 per cent of their monthly earnings. Section 258 of the Code provides for the convicted persons’ old-age pension rights.
While having noted that, under the above provisions, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observed that, under the legislation in force, the formal consent of prisoners to work for private enterprises does not appear to be asked for.
The Committee notes the Government’s indication that the statutes of penalty execution by the convicts, approved by Government Decree No. 583 of 26 May 2006, provides in point 546 that the prisoner, with his written consent can be involved in working activity, taking into consideration his physical and mental condition, his skills, profession and, if he is recognized as being able to perform respective work based on medical examination. In this regard, the Committee requests the Government to provide, in its next report, a copy of Decree No. 583 of 26 May 2006.
Article 25. Trafficking in persons. Law enforcement and penalties. The Committee notes the statistical data and the copy of the court decision annexed to the Government’s report. The Committee notes that in 2011, 111 offences of human trafficking were registered, among which, 77 cases were sent to the prosecutor and 45 cases were sent to court. Moreover, 131 victims of trafficking were identified, of which 103 women and 28 men, being trafficked for sexual exploitation and 90 victims for labour exploitation. For the period of the first half of 2012, 75 offences were registered, compared with 58 offences in the same period of 2011, which is an increase of 29.3 per cent. The main destination countries remain the Russian Federation, Turkey, United Arab Emirates and Northern Cyprus.
The Committee further notes the court decision (case No.1-56/10) issued on the basis of section 165 of the Criminal Code (trafficking in human beings) that identified the victim as being in a vulnerable situation, and who had been through deception, recruited and transported to another country, where she was sexually exploited. In this case, the defendant was sentenced to four years and eight months of imprisonment and the deprivation of the right to carry out activities connected with sending persons abroad for a period of three years. The Committee requests the Government to continue to provide information on the application in practice of section 165 of the Criminal Code, particularly information on the number of investigations, prosecutions, convictions and the specific penalties imposed on the perpetrators.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the information provided by the Government in its 2010 and 2011 reports on the various measures taken to combat trafficking in persons, including statistics and data on cases of human trafficking which have been investigated during the period of 2009–10. The Government indicates that the number of trafficking cases identified by the Minister of Interior has decreased from 251 crimes of trafficking in 2007 to 140 in 2010. The Committee also notes that during 2010, 80 criminal cases were prosecuted under section 165 of the Criminal Code (trafficking in human beings). In its reports, the Government has described the activities of the Centre for Combating Trafficking in Persons, which has organized a series of awareness-raising and training workshops for law enforcement officers. While noting the statistical information concerning the offences of human trafficking provided in the report, the Committee requests the Government to continue to provide information on the application in practice of the abovementioned section 165 of the Criminal Code, supplying sample copies of the relevant court decisions and indicating the penalties imposed on perpetrators.
Article 2(2)(a). Compulsory military service. The Committee previously noted that under article 44(2)(a) of the Constitution of the Republic of Moldova and section 7(5)(a) of the Labour Code, compulsory military service or alternative (civic) service are excluded from the prohibition of forced labour. The Committee noted the respective provisions of the Law on the compulsory military service in the defence forces, No. 1245 of 18 July 2002, and the Law on the alternative service, No. 633 of 9 July 1991. It also noted the Government’s statement in its 2006 report that the legislation in force does not contain express provisions to ensure that services exacted for military purposes are used for purely military ends but this derives from the provisions governing military service. Since the Government’s latest report contains no new information on this issue, the Committee recalls that, under Article (2)(a), compulsory military service may be exempted from the scope of the Convention only if used for purely military ends, and again requests the Government to indicate the provisions, which, in the Government’s view, provide for guarantees to ensure that services exacted for military purposes are used for purely military ends, thus giving effect to this Article of the Convention.
Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that, under section 253 of the Execution of Sentences Code, every convicted person is under an obligation to work, such work being exacted from them either at enterprises, workshops and auxiliary facilities of the penitentiary system or outside the penitentiary institution, under a contract concluded between the administration of a penitentiary institution and individuals or legal entities concerned. The Committee also noted that, under section 253, the obligation of convicted persons to work may include work outside the penitentiaries with private individuals or entities.
The Committee recalled in this connection that Article 2(2)(c) of the Convention exempts from its provisions “any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations”. While this Article strictly prohibits prisoners from being hired to or placed at the disposal of private undertakings, the Committee has pointed out that, when convicted prisoners voluntarily consent to such work without being subjected to pressure or menace of any penalty, such work does not fall within the scope of the Convention (see e.g. paragraphs 59–60 of the Committee’s 2007 General Survey on the eradication of forced labour). The Committee has considered that the most reliable indicator of voluntariness of labour in the prison context is the work performed under conditions approximating a free labour relationship, including wages (subject to deductions and attachments) and occupational safety and health.
As regards conditions of work of convicted persons, the Committee previously noted that, under section 254 of the Execution of Sentences Code, hours of work and rest periods, as well as occupational safety and health are governed by the general labour legislation. By virtue of section 255 of the Code, convicted persons’ remuneration is also governed by labour legislation; their monthly wages cannot be lower than the legally established minimum wage, and deductions from wages on the basis of execution documents cannot exceed 75 per cent of their monthly earnings. Section 258 of the Code provides for the convicted persons’ old-age pension rights.
While having noted that, under the above provisions, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observed that, under the legislation in force, the formal consent of prisoners to work for private enterprises does not appear to be asked for. Since the Government’s report contains no new information on this subject, the Committee reiterates its hope that, in the light of the above considerations, the Government will take the necessary measures in order to ensure that, both in legislation and in practice, the work of prisoners for private individuals, companies or associations will be carried out only with their formal, free and informed consent, such consent being free from the menace of any penalty including the loss of rights or privileges. The Committee again requests the Government to provide, in its next report, information on the measures taken or envisaged in this regard.
Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted the provisions of section 168 of the Criminal Code imposing penal sanctions for the illegal exaction of forced or compulsory labour and sought information on any legal proceedings which have been instituted as a consequence of the application in practice of this section. Since the Government’s report contains no information on this issue, the Committee again requests the Government to provide information on the application of the above section 168 in practice, indicating the penalties imposed and supplying copies of the relevant court decisions.

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include information on the matters raised in its previous direct request, which read as follows:

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons for the purpose of exploitation. The Committee previously noted the adoption of the Law to prevent and combat trafficking in human beings, No. 241-XVI of 20 October 2005, the amendment of the Criminal Code provisions concerning trafficking (Law No. 376-XVI of 29 December 2005 amending sections 165 and 206 of the Criminal Code), as well as the Government’s decisions on the approval of the Regulations concerning centres of assistance to victims of human trafficking (No. 1362 of 29 November 2006) and the National Plan to Prevent and Combat Human Trafficking (No. 903 of 25 August 2005). The Committee would appreciate it if the Government would provide information on the application in practice of section 165 of the Criminal Code (“Trafficking in human beings”), for example. supplying sample copies of the relevant court decisions and indicating the penalties imposed on perpetrators.

Article 2, paragraph 2, subparagraph (a). Compulsory military service. The Committee previously noted that under article 44(2)(a) of the Constitution of the Republic of Moldova and section 7(5)(a) of the Labour Code, compulsory military service or alternative (civic) service are excluded from the prohibition of forced labour. The Committee noted the respective provisions of the Law on the compulsory military service in the defence forces, No. 1245 of 18 July 2002, and the Law on the alternative service, No. 633 of 9 July 1991. It also noted the Government’s statement in its 2006 report that the legislation in force does not contain express provisions to ensure that services exacted for military purposes are used for purely military ends but this derives from the provisions governing military service. Recalling that, under Article 2, paragraph 2(a), compulsory military service may be exempted from the scope of the Convention only if used for purely military ends, the Committee requests the Government to clarify this issue and to indicate the provisions, which, in the Government’s view, provide for guarantees to ensure that services exacted for military purposes are used for purely military ends, thus giving effect to this Article of the Convention.

Article 2, paragraph 2, subparagraph (c). Work of prisoners for private individuals, companies or associations. The Committee notes that, under section 253 of the Execution of Sentences Code, every convicted person is under an obligation to work, such work being exacted from them either at enterprises, workshops and auxiliary facilities of the penitentiary system or outside the penitentiary institution, under a contract concluded between the administration of a penitentiary institution and individuals or legal entities concerned. The Committee notes that, under section 253, the obligation of convicted persons to work may include work outside the penitentiaries with private individuals or entities.

The Committee recalls in this connection that Article 2, paragraph 2(c), of the Convention exempts from its provisions “any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations”. While this Article strictly prohibits prisoners from being hired to or placed at the disposal of private undertakings, the Committee has pointed out in previous General Surveys, including its most recent General Survey of 2007, paragraphs 59–60, that, provided convicted prisoners voluntarily consent to such work without being subjected to pressure or menace, such work does not fall within the scope of the Convention. At the same time, the Committee has indicated that, bearing in mind the captive circumstances of prisoners, there must be safeguards to ensure their consent is given freely and voluntarily. The Committee in paragraphs 114–122 of its General Survey of 2007 discussed the safeguards which include not only written formal consent but, further, that the most reliable indicator of voluntariness of the labour is if the work is performed under conditions which approximate a free labour relationship. Factors to be taken into account in such circumstances would include, for example, that there was a level of wages and social security provisions which approximate a free labour relationship.

As regards conditions of work of convicted persons, the Committee has noted that, under section 254 of the Execution of Sentences Code, hours of work and rest periods, as well as occupational safety and health are governed by the general labour legislation. By virtue of section 255 of the Code, convicted persons’ remuneration is also governed by the labour legislation; their monthly wages cannot be lower than the legally established minimum wage, and deductions from wages on the basis of execution documents cannot exceed 75 per cent of their monthly earnings. Section 258 of the Code provides for the convicted persons’ old-age pension rights.

While noting that, under the above provisions, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observes that, under the legislation in force, the formal consent of prisoners to work for private enterprises does not appear to be asked for. The Committee therefore hopes that, in the light of the above considerations, the Government will take the necessary measures in order to ensure that, both in the legislation and in practice the work of prisoners for private individuals, companies or associations will be carried out only with their voluntary consent, such consent being free from the menace of any penalty including the loss of rights or privileges. The Committee requests the Government to provide in its next report information on the measures taken or envisaged in this regard.

Article 25. The Committee previously noted the provisions of section 168 of the Criminal Code imposing penal sanctions for the illegal exaction of forced or compulsory labour and sought information on any legal proceedings which have been instituted as a consequence of the application in practice of this section. The Committee has noted the Government’s indication in its 2006 report that two criminal cases were brought to justice under section 168. The Committee would appreciate it if the Government would provide, in its next report, information on the substance of these criminal cases, indicating the penalties imposed and supplying copies of the relevant court decisions.

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The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, the provisions governing termination of service by career military personnel contained in the Law on the status of military personnel, No. 162-XVI of 22 July 2005, and in the Regulations concerning the performance of military service by soldiers, sergeants and officers of the armed forces approved by Government Decision No. 925 of 21 December 1994. It has also noted the Law on civil protection No. 271-XIII of 9 November 1994, as well as the Government’s explanations concerning the application of its provisions in emergency situations.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons for the purpose of exploitation. The Committee notes with interest comprehensive information provided by the Government in its latest report concerning measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. It notes, in particular, the adoption of the Law to prevent and combat trafficking in human beings, No. 241-XVI of 20 October 2005, the amendment of the Criminal Code provisions concerning trafficking (Law No. 376-XVI of 29 December 2005 amending sections 165 and 206 of the Criminal Code), as well as the Government’s decisions on the approval of the Regulations concerning centres of assistance to victims of human trafficking (No. 1362 of 29 November 2006) and the new National Plan to Prevent and Combat Human Trafficking (No. 903 of 25 August 2005). While noting statistical information concerning the offences of human trafficking provided in the report, the Committee would appreciate it if the Government would provide information on the application in practice of section 165 of the Criminal Code (“Trafficking in human beings”), e.g. supplying sample copies of the relevant court decisions and indicating the penalties imposed on perpetrators.

Article 2(2)(a). Compulsory military service. The Committee previously noted that under article 44(2)(a) of the Constitution of the Republic of Moldova and section 7(5)(a) of the Labour Code, compulsory military service or alternative (civic) service are excluded from the prohibition of forced labour. The Committee notes the respective provisions of the Law on the compulsory military service in the defence forces, No. 1245 of 18 July 2002, and the Law on the alternative service, No. 633 of 9 July 1991. It also notes the Government’s statement in its 2006 report that the legislation in force does not contain express provisions to ensure that services exacted for military purposes are used for purely military ends but this derives from the provisions governing military service. Recalling that, under Article 2(2)(a), compulsory military service may be exempted from the scope of the Convention only if used for purely military ends, the Committee requests the Government to clarify this issue and to indicate the provisions, which, in the Government’s view, provide for guarantees to ensure that services exacted for military purposes are used for purely military ends, thus giving effect to this Article of the Convention.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. The Committee notes that, under section 253 of the Execution of Sentences Code, every convicted person is under an obligation to work, such work being exacted from them either at enterprises, workshops and auxiliary facilities of the penitentiary system or outside the penitentiary institution, under a contract concluded between the administration of a penitentiary institution and individuals or legal entities concerned. The Committee notes that, under section 253, the obligation of convicted persons to work may include work outside the penitentiaries with private individuals or entities.

The Committee recalls in this connection that Article 2(2)(c) of the Convention exempts from its provisions “any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations”. While this Article strictly prohibits prisoners from being hired to or placed at the disposal of private undertakings, the Committee has pointed out in previous General Surveys, including its most recent General Survey of 2007, paragraphs 59–60, that, provided convicted prisoners voluntarily consent to such work without being subjected to pressure or menace, such work does not fall within the scope of the Convention. At the same time, the Committee has indicated that, bearing in mind the captive circumstances of prisoners, there must be safeguards to ensure their consent is given freely and voluntarily. The Committee in paragraphs 114–122 of its General Survey of 2007 discussed the safeguards which include not only written formal consent but, further, that the most reliable indicator of voluntariness of the labour is if the work is performed under conditions which approximate a free labour relationship. Factors to be taken into account in such circumstances would include, for example, that there was a level of wages and social security provisions which approximate a free labour relationship.

As regards conditions of work of convicted persons, the Committee has noted that, under section 254 of the Execution of Sentences Code, hours of work and rest periods, as well as occupational safety and health are governed by the general labour legislation. By virtue of section 255 of the Code, convicted persons’ remuneration is also governed by the labour legislation; their monthly wages cannot be lower than the legally established minimum wage, and deductions from wages on the basis of execution documents cannot exceed 75 per cent of their monthly earnings. Section 258 of the Code provides for the convicted persons’ old-age pension rights.

While noting that, under the above provisions, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observes that, under the legislation in force, the formal consent of prisoners to work for private enterprises does not appear to be asked for. The Committee therefore hopes that, in the light of the above considerations, the Government will take the necessary measures in order to ensure that, both in the legislation and in practice the work of prisoners for private individuals, companies or associations will be carried out only with their voluntary consent, such consent being free from the menace of any penalty including the loss of rights or privileges. The Committee requests the Government to provide in its next report information on the measures taken or envisaged in this regard.

Article 25. The Committee previously noted the provisions of section 168 of the Criminal Code imposing penal sanctions for the illegal exaction of forced or compulsory labour and sought information on any legal proceedings which have been instituted as a consequence of the application in practice of this section. The Committee has noted the Government’s indication in its 2006 report that two criminal cases were brought to justice under section 168. The Committee would appreciate it if the Government would provide, in its next report, information on the substance of these criminal cases, indicating the penalties imposed and supplying copies of the relevant court decisions.

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The Committee notes the Government’s indications in its report concerning measures taken to combat trafficking in persons under the National Plan approved by the Government’s Decree No. 1219 of 2001, as well as the information on the application in practice of the relevant Criminal Code provisions, and requests the Government to continue to provide, in its future reports, information on various measures taken or envisaged to prevent, suppress and punish trafficking in persons for the purpose of exploitation.

Since the Government’s report contains no other information in reply to its previous comments, the Committee hopes that the next report will include full information on the following matters raised in its previous direct request:

Communication of texts. Please supply copies of the updated texts of the Code on Administrative Offences and the Code on Execution of Penal Sanctions.

Articles 1(1) and 2(1) of the Convention. Please describe any provisions that may exist on the right of military officers and other career servicemen to leave the service, in peacetime, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). 1. The Committee has noted that, under article 44(2)(a) of the Constitution of the Republic of Moldova and section 7(5)(a) of the new Labour Code, 2003, compulsory military service or alternative (civic) service are excluded from the prohibition of forced labour. Please indicate whether legislation concerning compulsory military service provides for guarantees to ensure that services exacted for military purposes are used for purely military ends. Please also supply copies of legislation governing compulsory military service and alternative (civic) service.

Article 2(2)(b). Please indicate any work or service (other than compulsory military service or work or service required in case of emergency) which may be exacted as "normal civic obligations of the citizens" referred to in article 44(2)(c) of the Constitution and section 7(5)(c) of the Labour Code.

Article 2(2)(c). Having noted that work done by convicted persons is excluded from the prohibition of forced labour under article 44(2)(b) of the Constitution of the Republic of Moldova and section 7(5)(b) of the Labour Code, the Committee requests the Government to indicate what guarantees are provided to ensure that convicted persons are not hired to, or placed at the disposal of, private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.

Article 2(2)(d). The Committee has noted the provisions of article 44(2)(c) of the Constitution of the Republic of Moldova and section 7(5)(c) of the Labour Code excluding from the prohibition of forced or compulsory labour any work or service exacted in cases of calamities or other emergency situations. The Committee would be grateful if the Government would indicate, in its next report, whether legislation concerning a state of emergency has been adopted under the abovementioned provisions and, if so, whether guarantees are provided by such legislation to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation, and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. The Committee has noted the provisions of section 168 of the new Criminal Code, 2002, imposing penal sanctions for the illegal exaction of forced or compulsory labour. Please communicate information on any legal proceedings which have been instituted as a consequence of the application in practice of this section of the Criminal Code and on any penalties imposed, supplying copies of relevant court decisions.

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The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention. It has noted, in particular, the adoption in 2002 of the new Criminal Code (which entered into force on 12 June 2003), which contains provisions punishing trafficking in human beings, as well as the Government’s indications concerning measures taken to combat trafficking under the National Plan approved by the Government’s Decree No. 1219 of 2001 (for years 2002-03). The Committee would be grateful if the Government would continue to provide information on various measures taken or envisaged to prevent, suppress and punish trafficking in persons, including the information on the application in practice of the relevant provisions of the new Criminal Code. It also requests the Government to supply, with its next report, copies of the updated texts of the Code on Administrative Offences and the Code on Execution of Penal Sanctions, as well as additional information on the following points.

Article 2(2)(a) of the Convention. 1. The Committee has noted that, under article 44(2)(a) of the Constitution of the Republic of Moldova and section 7(5)(a) of the new Labour Code, 2003, compulsory military service or alternative (civic) service are excluded from the prohibition of forced labour. Please indicate whether legislation concerning compulsory military service provides for guarantees to ensure that services exacted for military purposes are used for purely military ends. Please also supply copies of legislation governing compulsory military service and alternative (civic) service.

2. Please also describe any provisions that may exist on the right of military officers and other career servicemen to leave the service, in peacetime, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(b). Please indicate any work or service (other than compulsory military service or work or service required in case of emergency) which may be exacted as "normal civic obligations of the citizens" referred to in article 44(2)(c) of the Constitution and section 7(5)(c) of the Labour Code.

Article 2(2)(c). Having noted that work done by convicted persons is excluded from the prohibition of forced labour under article 44(2)(b) of the Constitution of the Republic of Moldova and section 7(5)(b) of the Labour Code, the Committee requests the Government to indicate what guarantees are provided to ensure that convicted persons are not hired to, or placed at the disposal of, private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.

Article 2(2)(d). The Committee has noted the provisions of article 44(2)(c) of the Constitution of the Republic of Moldova and section 7(5)(c) of the Labour Code excluding from the prohibition of forced or compulsory labour any work or service exacted in cases of calamities or other emergency situations. The Committee would be grateful if the Government would indicate, in its next report, whether legislation concerning a state of emergency has been adopted under the abovementioned provisions and, if so, whether guarantees are provided by such legislation to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation, and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. The Committee has noted the provisions of section 168 of the new Criminal Code, 2002, imposing penal sanctions for the illegal exaction of forced or compulsory labour. Please communicate information on any legal proceedings which have been instituted as a consequence of the application in practice of this section of the Criminal Code and on any penalties imposed, supplying copies of relevant court decisions.

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