Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Convention (n° 29) sur le travail forcé, 1930 - Roumanie (Ratification: 1957)

1. Referring also to its observation on the Convention, the Committee notes the exceptions made in section 39, paragraph 2, of the Constitution to the principle of the prohibition of forced labour. The Committee points out that it made some comments on the "Theses for the Draft Constitution" previously with regard to the exceptions to the ban on forced labour.

While noting with interest that the Constitution as adopted on 8 December 1991 has incorporated some of these comments, the Committee asks the Government to supply information on the following points:

(a) The Committee notes that under section 39, paragraph 2(b), "work done by a convicted person, carried out under normal conditions during the period of detention or probation" is not deemed to constitute forced labour.

The Committee observes that the exception provided for in Article 2, paragraph 2(c), of the Convention relates only to conviction in a court of law; work imposed by administrative authorities or other non-judicial bodies does not fall within the scope of the exception.

The Committee notes that a draft Act on the enforcement of penalties is under examination. The Committee hopes that, in accordance with Article 2, paragraph 2(c), of the Convention, the Act adopted will specify that only work exacted as a consequence of a conviction in a court of law shall not be deemed to constitute forced labour, provided that the said work is carried out under the supervision and control of a public authority and that the person convicted is not hired to or placed at the disposal of private individuals, companies or associations.

The Committee asks the Government to supply information on all provisions adopted to that effect.

(b) The Committee notes that section 39, paragraph 2(c), excludes from the prohibition of forced labour services requisitioned in the event of disasters or other danger and services forming part of the normal civil obligations determined by law.

The Committee asks the Government to specify in its next report what events are considered to be covered by the notion of "disasters" and "other danger" and to supply a copy of the law defining normal civil obligations when it has been adopted.

2. The Committee notes that under section 2(c) of Act No. 1 of 7 January 1991 on the social welfare and occupational reintegration of the unemployed, persons who, as the case may be, have forfeited through no fault of their own their status as members of a craftsmen's cooperative are entitled to receive unemployment benefits.

The Committee also notes that under section 5(e) of the same Act persons who are members or former members of an agricultural production cooperative are not entitled to unemployment benefit.

The Committee asks the Government to state on what grounds former members of a craftsmen's cooperative are denied unemployment benefit and for what reasons former members of an agricultural production cooperative are denied it.