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

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 the adoption, in July 2009, of a new Penal Code (Act No. 286/2009), which, unlike the previous Penal Code, did not include provisions relating to the work to be performed by prisoners. It noted the Government’s indication that the Penal Code of 2009 had not yet come into force and that a draft law implementing the Penal Code was still under debate.

The Committee notes the Government’s statement that the Penal Code (Act No. 286/2009) will come into force on 1 February 2014, and that, as the Penal Code does not contain provisions in this regard, the matter of prison labour will be governed by the draft law on the execution of sentences and measures involving deprivation of liberty ordered by the court, once adopted. It observes that section 78 of this draft law provides for the right to work of convicted prisoners, but does not appear to contain provisions relating to compulsory prisoner labour. However, the Committee notes the Government’s statement in its report submitted under the Forced Labour Convention, 1930 (No. 29), 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. 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 a copy of the draft law on the execution of sentences and measures involving deprivation of liberty ordered by the court, once adopted.