Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Abolition of Forced Labour Convention, 1957 (No. 105) - Romania (Ratification: 1998)

Other comments on C105

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2020

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Effect of the adoption of the new Penal Code on the obligation to work in prison. In its previous comments, the Committee noted the adoption, in July 2009, of a new Penal Code (Act No. 286/2009). It noted a contradiction between section 56 of the former Penal Code (Penal Code of 1968 as amended) which provided that persons sentenced to a term of imprisonment were obliged to work and the provisions of section 53(3), of the Penal Code of 2009, under which persons sentenced to a term of imprisonment may give their consent to carry out useful work. The Committee noted however that the provisions of section 53(3) referred to by the Government did not appear to correspond to those of section 53 of the Penal Code adopted in 2009. The Committee requested the Government to provide clarification on this point.

The Committee notes the Government’s indication that the Penal Code of 2009 does not include provisions on work to be performed by prisoners, and that section 78 of the draft law on the enforcement of punishments involving deprivation of liberty, provides for the right to work of convicted prisoners. The Committee also notes the Government’s indication that the Penal Code of 2009 has not yet come into force and that the draft law implementing the Penal Code is still under debate at the Parliament.

In light of the above, the Committee requests the Government to provide information on the progress achieved with regard to the adoption of the draft law on the enforcement of punishments involving a deprivation of liberty which appears to provide that work of persons sentenced to prison is performed on a voluntary basis.