Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention, as well as the comments made by the Council of the General Federation of Trade Unions of the Republic of Moldova and the National Confederation of Employers of the Republic of Moldova. It would be grateful if the Government would supply, with its next report, copies of the legislation in force in the following fields: updated and consolidated texts of the Criminal Code and the Correctional Labour Code; the laws governing peaceful assemblies, meetings and demonstrations; the law governing the civil service; and any provisions governing labour discipline in transport services or other branches of the economy.

2. The Committee has noted the provisions of article 32 of the Constitution concerning freedom of opinion and expression. It has noted that, under paragraph 3 of this article, "the law shall forbid and prosecute all actions aimed at denying and slandering the State or the people", as well as "incitement to discrimination, territorial separatism, public violence or other actions threatening constitutional order". The Committee requests the Government to provide a copy of the law referred to in paragraph 3 of article 32 of the Constitution, as well as information on its application in practice, including information on any penal sanctions which may be applicable in case of violation of its provisions. Please also supply copies of the legislation concerning the press and media.

3. The Committee has noted the provisions of article 41 of the Constitution concerning the freedom of political association. It has noted that, under paragraph 4 of this article, parties and other socio-political organizations may be declared unconstitutional if "engaged in fighting against political pluralism, the principles of the rule of law, the sovereignty and independence or territorial integrity of the Republic of Moldova". The Committee requests the Government to provide a copy of legislation adopted under this constitutional provision, as well as, more generally, the legislation governing associations, political parties and religious groups, and any information on its application in practice.

4. The Committee notes with interest from the Government's report that a draft new law on the settling of collective labour disputes is being prepared and hopes that the Government will supply a copy of the law once adopted.

5. The Committee has noted that, under article 45, paragraph 2, of the Constitution, the law will establish the conditions for the exercise of the right to strike, "as well as the responsibility involved in the illegal start of strikes". It would be grateful if the Government would supply a copy of the law referred to in this article, as well as information on any provisions restricting the right to strike which may be enforced with sanctions involving an obligation to work.