Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 29) sur le travail forcé, 1930 - République de Moldova (Ratification: 2000)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures and penalties. The Committee notes the detailed information provided by the Government in its report concerning the measures taken to prevent, suppress and punish trafficking in persons, including statistics and data on cases of trafficking which have been investigated during the period of 2012–14. It notes in particular that following the amendment of the Criminal Code (Law No. 270 of 7 November 2013) section 165 has increased the minimum penalty for the offences related to trafficking from the previous five years of imprisonment to six years. A new section 1651 has also been added, which establishes penalties of imprisonment for the offence of trafficking for labour exploitation. Moreover, section 168 on forced labour has been strengthened to include forced labour practices committed by a public person, a foreign public person, an international civil servant, as well as legal entities. The Committee also notes the statistical information provided by the Government concerning the number of cases related to trafficking in persons dealt with by the courts. In 2014, 151 cases of trafficking were recorded, involving 84 victims of trafficking identified, including 69 adults (55 women and 14 men) and 15 children. Of the 151 cases of trafficking recorded, 42 cases were sent to court and 51 persons were convicted. Moreover, during the first half of the year 2015, 82 cases were recorded, 27 were sent to court, and 18 persons convicted.

The Committee notes the adoption of the sixth National Plan for Prevention and Combating of Trafficking in Human Beings for 2014–16, that includes among other measures, the training of the law enforcement bodies (labour inspectors, medical workers and legal officers); the improvement of the statistical database on trafficking; as well as the awareness raising among vulnerable groups of the population.

The Committee finally notes that, in its concluding observations of 2013, the UN Committee on the Elimination of Discrimination against Women (CEDAW), while acknowledging the State party’s efforts to combat trafficking, expressed its concern that the State party remains a country of origin for trafficking in persons for purposes of sexual and labour exploitation and that sentences handed down to trafficking offenders are lenient. The CEDAW further recommended to the Government to ensure the timely prosecution and commensurate punishment of traffickers and review its sentencing policy in trafficking cases (CEDAW/C/MDA/CO/4-5, paragraphs 21–22).

The Committee requests the Government to continue to provide information on the measures taken to prevent, suppress and combat trafficking in persons, in particular with regard to the application of section 1651 and 168 of the Criminal Code, including data on the number of convictions and penalties applied. It also requests the Government to provide information on the implementation of the 2014–16 National Plan for Prevention and Combating of Trafficking in Human Beings, indicating the measures adopted and the results achieved in this respect.

2. Assistance to victims. With regard to the actions undertaken to protect victims of trafficking, the Government indicates that in 2014, the Centre for assistance and protection of victims and potential victims of trafficking in Chisinau provided legal, medical and psychological assistance to 80 victims, of whom 57 were women (including six children) and 23 men (including five children). The Committee notes that the 2014–16 National Plan for Prevention and Combating of Trafficking in Human Beings has identified the legal rehabilitation and compensation for victims of trafficking, as well as the protection of victims who are witnesses as priority areas. The Committee requests the Government to continue to provide information on the measures taken to strengthen the protection of victims of trafficking. The Committee also requests the Government to indicate the results achieved with regard to the establishment of a system for compensation for victims of trafficking. Lastly, the Committee requests the Government to continue to provide statistics on the number of victims who have benefitted from the assistance of the Centre for assistance and protection of victims and potential victims of trafficking, describing the services provided.

Article 2(2)(a). Work or service exacted in virtue of compulsory military service laws. In its previous comments, the Committee noted the respective provisions of the Law on the compulsory military service in the defence forces, No. 1245 of 18 July 2002, and the Law on the alternative service, No. 633 of 9 July 1991. The Committee requested the Government to indicate the provisions which provide for guarantees to ensure that work exacted in the framework of the military service are used for purely military ends.

The Committee notes the Government’s reference to section 33(1) and (2) of Law No. 345 of July 2003, on National Defence, under which the main purpose of the national army is to guarantee the sovereignty, independence, and the unity of the country. The Government indicates that the use of the army in solving problems that are not related to the defence of the country is done exclusively based on a decision by the Parliament, and in case of extreme situations, by decrees of the President. The Government also states that even in these extreme cases, conscripts are called upon to perform work in the case of emergency situations of natural, technological or biological and social character (section 21(3) of Law No. 212 of June 2004 on the state of emergency, siege and war). Therefore, the legal framework regulating the national defence ensures that the activity of the persons performing the military service is to be used exclusively for the execution of constitutional duties of ensuring the national defence.

The Committee takes note of this information. The Committee requests the Government to provide information in its future reports, on the cases in which conscripts may have been requested to perform duties which are not of a purely military character.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that, under section 253 of the Execution of Sentences Code, every convicted person to a prison sentence is under an obligation to work, such work being exacted from them either at enterprises, workshops and auxiliary facilities of the penitentiary system or outside the penitentiary institution, under a contract concluded between the administration of a penitentiary institution and individuals or legal entities concerned. While having noted that, under the above provisions, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observed that, under the legislation in force, the formal consent of prisoners to work for private enterprises does not appear to be asked for. The Committee also noted the Government’s reference to Decree No. 583 of 2006 on the Status for execution of punishment by convicts which provides for the consent of the prisoner to perform labour. The Committee requested the Government to communicate a copy of the above Decree.

The Committee notes the Government’s indication that the statute of penalty execution by the convicts, approved by Government Decree No. 583 of 26 May 2006, provides in point 546 that the prisoner, with his written consent can be involved in working activity, taking into consideration his physical and mental condition, his skills, profession and, if he is recognized as being able to perform respective work based on medical examination. The Committee notes however that a copy of the Decree to which the Government refers to has not been attached to the report. In order to assess how the free, informed and formal consent of prisoners to work for private enterprises is obtained, the Committee, once again requests the government to provide copy of Decree No. 583 of 26 May 2006, as well as copies of contracts concluded between private enterprises and penitentiary institutions.