Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 measures. Referring to its previous comments, the Committee notes that the National Strategy against Trafficking in Persons 2012–16 was adopted in 2012, as was a National Action Plan for the Implementation of the Strategy for 2012–14. The Committee also notes the detailed statistical information in the Government’s report indicating that in 2012, 427 persons were convicted of trafficking in persons. Of these, 144 persons were sentenced to between one and five years’ imprisonment, 139 persons were sentenced to between five and ten years, 31 persons were sentenced to between ten and 15 years, and five persons were sentenced to more than 15 years in prison, while 107 persons received suspended sentences. The Committee further notes the detailed information provided by the Government on the monitoring conducted by the labour inspectorate of employment agencies through which Romanian citizens are hired to work in foreign countries. In 2012, 804 inspections of these employment agencies were conducted, resulting in 49 fines and 168 warnings, and the agencies were informed about their obligations to respect the legislative framework relating to the protection of Romanian citizens who work abroad. In addition, a specific national campaign to ascertain compliance with the legislation was carried out in October and November 2012, involving the investigation of 822 employment agencies and resulting in 20 fines and 114 warnings.

The Committee notes that according to the compilation report prepared for the Human Rights Council’s Universal Periodic Review by the Office of the High Commissioner of Human Rights, of 9 November 2012, the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, noted that Romania continued to be a country of origin of trafficking in persons, and that there had been a decrease in trafficking for sexual exploitation but an increase in trafficking for forced labour. The Special Rapporteur recommended that measures be taken to ensure the effective implementation of anti-trafficking legislation (A/HRC/WG.6/15/ROU/2, paragraph 24). The Committee requests the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, particularly trafficking for labour exploitation. It requests the Government to continue to provide information on the measures taken in this regard, including measures taken within the framework of the National Strategy against Trafficking in Persons 2012–16. It requests the Government to continue to provide information on the application of the national legislation in practice, including the number of prosecutions, convictions and the specific penalties applied.

2. Protection and assistance for victims of trafficking in persons. The Committee previously noted that protection and assistance services are offered to victims of trafficking in persons, by both governmental centres of assistance and protection of victims, and centres and shelters of non-governmental organizations.

The Committee notes the Government’s statement that in 2011 there were 1,034 identified victims of trafficking, and 1,041 such victims in 2012. Of this number, 352 victims were referred to social service providers. Moreover, 35 per cent of the victims were included in a specialized assistance programme aimed at providing support during the recovery and reintegration process, which included shelter, material and financial support and psychological, social, educational and career counselling. In addition, of the victims identified, 600 were provided support within the framework of the Programme of Victims Coordination – Witnesses, which included being informed of their rights, the possibility of participating in criminal proceedings against traffickers, as well as support and court accompaniment. The vast majority of these victims were Romanian citizens. Taking due note of the various measures being implemented by the Government, the Committee requests the Government to continue to take measures towards the identification of victims of trafficking in persons and to strengthen its efforts to provide protection and assistance, including legal assistance, to victims of trafficking. It also requests the Government continue to provide information on the measures taken in this regard, and the number of persons benefiting from these services.

Article 2(2)(c). 1. Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee noted that while the Penal Code of 1968 contained an obligation of convicted prisoners to perform useful work, section 57 of Act No. 275/2006 concerning the implementation of sentences and measures ordered by the judicial authorities in the course of criminal proceedings, stated that prisoners may, with their consent, perform work which is related to their qualifications and abilities. However, the Committee subsequently noted that the Penal Code of 1968 had been repealed, and replaced by the Penal Code adopted in 2009, which does not include provisions on work performed by prisoners.

The Committee notes the Government’s statement that, pursuant to the legislative provisions in force, prisoners may only perform work with their consent and that selected prisoners have to sign a commitment to work, which includes their rights, obligations and restrictions during work, which is registered in their individual file. In this connection, the Committee notes the Government’s statement that, as the new Criminal Code (scheduled to enter into force on 1 February 2014, pursuant to Law No. 187/2012) does not contain any provisions on the work of prisoners, this matter will be governed by the draft law on the execution of sentences and measures involving deprivation of liberty ordered by the court, once adopted. The Committee observes that section 78 of this draft law provides for the right to work for all convicted persons, but does not appear to contain provisions relating to the consent of the prisoner. Section 83 of this draft states that the work of prisoners shall be performed in a regime of service provisions for economic operators, natural or legal persons, inside or outside of the penitentiary, and that the administrator of the penitentiary may conclude contracts of service with economic entities or natural persons interested in using prisoners for work.

Additionally, the Committee notes the Government’s statement that the Order of the Minister of Justice No. 420/2011 on the conditions in which the convicted persons may work only with their consent was published in March 2011. The Government indicates that the annexes of Order No. 420/2011 provide models for the contract to be concluded in the penitentiary for work performed on a voluntary basis as well as the commitment of the convicted persons to work on a voluntary basis. Taking due note of this information, the Committee requests the Government to provide a copy of the Order of the Minister of Justice No. 420/2011, including the Order’s annexes, with its next report. It also requests the Government to provide information on how this Order is applied in practice, including by providing copies of signed contracts concluded between private enterprises and prisoners.

2. Sentence of community work. Following its previous comments, the Committee notes that section 64 of the 2009 Criminal Code (coming into force in 2014) states that if a punishment of a fine cannot be executed for reasons not attributable to the convicted persons, with the consent of the convicted person, the court replaces the obligation to pay the fine with the obligation to perform community service. Section 83 of the Criminal Code states that the court may, as an alternative to imprisonment, establish a supervised term if several conditions are met, including if the offender has expressed his or her agreement to perform community service work.