Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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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Obligation to work in prison. In its previous comments, the Committee noted that the new Criminal Code adopted in 2009 does not include provisions relating to work by prisoners and that this matter would be regulated by the Bill on the execution of penalties and sentences of imprisonment ordered by the courts. The Committee noted that section 78 of the Bill provides for the right of convicted prisoners to work, but does not appear to contain provisions on compulsory work by prisoners. The Committee also noted the Government’s indication that the Order of the Minister of Justice No. 420/2011 on the conditions under which convicted persons are authorized to work, after giving their consent, includes annexes containing model contracts to be concluded by the prison for work performed with the consent of the prisoner and a form for prisoners to request to work on a voluntary basis. The Committee requested the Government to provide a copy of the Order and its annexes, and a copy of the Bill on the execution of penalties and prison sentences ordered by the courts, once it had been adopted.

The Committee notes that the Government’s report contains a copy of Act No. 254/2013 on the execution of sentences, but does not contain a copy of the Order of the Minister of Justice No. 420/2011 and its annexes. The Committee also notes the Government’s indication in its report on the Forced Labour Convention, 1930 (No. 29), that the implementing regulations of Act No. 254/2013 were approved by Government Decision No. 157/2016, and contain a chapter on work by prisoners. The Committee notes the Government’s indication that section 78 of Act No. 254/2013 relates to the right to work and not the obligation to work. The Committee notes this information and once again requests the Government to provide a copy of the Order of the Minister of Justice No. 420/2011, including its annexes, as well as a copy of the implementing regulations of Act No. 254/2013 on the execution of sentences.