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

Forced Labour Convention, 1930 (No. 29) - Romania (Ratification: 1957)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. In its previous comments, the Committee noted the implementation of a National Strategy against Trafficking in Persons (2012–16), as well as a National Action Plan for the implementation of the Strategy (2012–14). The Committee requested the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, and particularly trafficking for labour exploitation. It also requested the Government to continue providing information on the measures taken for this purpose, including measures in the framework of the National Strategy against Trafficking in Persons, as well as on the application of the national legislation in practice, including the number of prosecutions and convictions.

The Committee notes from the Government’s report that the general labour inspectorate has carried out monitoring activities to ascertain whether employers are in conformity with the legal provisions respecting the lawful employment of Romanian citizens and also of foreign citizens. The Committee notes that, with regard to the protection of citizens abroad, the labour inspectorate has continued to ascertain compliance with Act No. 156/2000 on the protection of Romanian citizens working abroad. Thus, during the period 2012–15, several hundred employment agencies and other individuals and associations were inspected and that a significant number of penalties, including fines and warnings, were applied. The Committee notes the Government’s indication of the implementation of a national campaign in 2012, through territorial inspection services, intended to ensure compliance with the legislation in employment agencies, during which penalties were also applied. The Committee notes the shortcomings identified and reported by the Government, particularly relating to the absence of contracts concluded with individuals or associations, including firm employment offers. With regard to the employment and posting of foreign nationals in Romania, the Committee notes the Government’s indication that Emergency Government Ordinance No. 56/2007 on the employment and posting of foreign nationals in Romania was repealed through the adoption of Emergency Government Ordinance No. 25/2014 on the employment and posting of foreign nationals in Romania. During the period 2012–15, several hundred inspections were carried out by the labour inspectorate, in collaboration with the General Immigration Inspectorate, on compliance by employers with legal provisions respecting the employment and posting of foreign nationals in Romania, following which several dozen fines were applied. The Committee notes the difficulties reported by the Government, including the poor knowledge of Romanian by foreign workers, which hinders communication and understanding of essential clauses of the contract. The Committee welcomes the numerous measures taken by the Government to reinforce the legal and institutional framework to combat trafficking in persons. Taking this information duly into account, the Committee encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons and to take the necessary measures to ensure that the objectives of the National Strategy against Trafficking in Persons are achieved. Please continue to provide information on inspections of compliance with the law and indicate the impact of the Strategy on the number of investigations and prosecutions initiated in cases of trafficking and labour exploitation.

2. Protection and assistance for victims. The Committee previously noted the existence of public assistance and protection centres for victims of trafficking, and the centres and shelters made available to victims by non-governmental organizations. The Committee requested the Government to continue taking measures for the identification of victims of trafficking in persons and to intensify its efforts to provide victims with protection and assistance, including legal assistance.

The Committee notes the absence of a reply from the Government on this subject. Furthermore, the Committee notes the report submitted by the Romanian authorities on measures taken to comply with Recommendation CP(2012)7 of the Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings. The Committee notes the Government’s indication in this report that, within the Multiannual Financial Framework, the National Agency against Trafficking in Persons initiated a project proposal aimed at improving the early identification of victims and their referral to specialized services. The Government indicates that, for this purpose, indicators for the identification and referral of victims of trafficking will be developed and improved. The Committee also notes the Government’s plans to standardize risk assessments and procedures to assist the repatriation of victims of trafficking. With regard to assistance measures, the Committee notes that one of the main objectives of the National Strategy against Trafficking in Persons is the reconfiguration of the system of protection and assistance services for victims. For this purpose, several activities will be conducted, including the provision of assistance for at least 1,000 victims of trafficking, the evaluation of the national assistance system and the implementation of an awareness-raising campaign, especially within the Roma community. The Committee notes the protection and assistance measures envisaged by the Government, and requests it to provide information on the project proposal initiated by the National Agency against Trafficking in Persons and the new indicators for the identification of victims. The Committee also requests the Government to continue its efforts to identify victims and to provide information on the number of persons benefiting from these services. Please also provide information on the reconfiguration of the protection and assistance system and on the launching of the awareness-raising campaign in the Roma community.

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 the new Criminal Code, scheduled to enter into force on 1 February 2014, did not contain provisions on work by prisoners and that this matter would be governed by the Bill on the execution of penalties and sentences of imprisonment ordered by the courts, when it has been adopted. The Committee observed that section 78 of the Bill provided for the right to work of all convicted persons, but did not appear to contain provisions relating to the consent of the prisoner. Section 83 of the Bill provided that work by prisoners shall be performed through a regime for the provision of services to economic operators, whether they are natural or legal persons, within or outside the prison, and that the prison administrator could conclude service contracts with economic entities or natural persons interested in employing prisoners. The Committee noted that the Order of the Minister of Justice No. 420/2011, setting out the conditions under which consenting convicted persons may work, was published in March 2011. The Committee requested the Government to provide a copy of the Order and information on the effect given to it in practice, including copies of contracts concluded between private enterprises and prisoners.

The Committee notes that the Government’s report does not contain copies of contracts concluded between private enterprises and prisoners. It notes the Government’s indication that Act No. 254/2013, on the execution of penalties, provides in section 78 for the right to work of prisoners, and not the obligation to work. The Government indicates that prisoners may be requested to work and that account must be taken of the conditions for the execution of their sentences, their skills, aptitudes, age, health, security measures and the training provided. The Committee notes that the implementing regulations of the Act on the execution of penalties were approved by Government Decision No. 157/2016, which contained a chapter on work by prisoners. The Government indicates that, in accordance with these regulations, prisoners have to sign an undertaking setting out the rights, duties and prohibitions envisaged in the Act (section 174(3)). The Committee also notes that, according to the report, within the framework of the provision of a service, the work provided by a prisoner has to be based on a service provision contract between the director of the prison and the beneficiary of the work performed. Tariffs are negotiated between these parties and may not be lower than the minimum guaranteed wage, in accordance with the working time and the amount of work (section 175(1) and (3)). The Committee notes that section 175 of the regulations also provides that the director may order the temporary or definitive recall of prisoners in cases in which the beneficiary of their work does not comply with the legal and contractual provisions (subsection 4). 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, and of the implementing regulations of Act No. 254/2013 on the execution of penalties. The Committee requests the Government to provide information on the manner in which these two texts are applied in practice, including examples of the contracts concluded between private enterprises and prisoners, and particularly service provision contracts, as envisaged in section 175 referred to above.