Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - Republic of Moldova (Ratification: 2000)

Other comments on C029

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted that section 165 of the Criminal Code, as amended in 2013, provides for a minimum penalty of six years of imprisonment for the offences related to trafficking. It noted the Government’s indication that in 2014, 151 cases of trafficking in persons were recorded, 42 cases were sent to court and 51 persons were convicted. Moreover, during the first half of 2015, 82 cases were recorded, 27 were sent to court and 18 persons convicted. The Government indicated 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. The Committee requested the Government to continue to provide information on the measures taken to prevent, suppress and combat trafficking in persons as well as on the measures taken to strengthen the protection of victims of trafficking.

The Government indicates in its report that during the first nine months of 2018, 79 criminal cases of trafficking in persons were initiated by the police, under section 165 of the Criminal Code, involving 163 victims of trafficking identified (131 men and 32 women). The Government states that it has conducted awareness-raising campaigns, for the general public and for students, through primary, secondary and higher education. The Committee notes that the Government has adopted in 2018 a National Strategy for Preventing and Combating Trafficking in Human Beings for the 2018–23 period, and the Action Plan 2018–20 regarding its implementation. It notes that the Permanent Secretariat of the National Committee for Combating Trafficking in Human Beings is in charge of the coordination and monitoring of the process of implementing the above-mentioned Strategy and Action Plan and that it will produce an annual national report on preventing and combating trafficking in persons (section 4 of Decision No. 461 of 22 May 2018). The Committee also notes that, according to the Recommendation CP(2016)6 of the Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings of May 2016, the Government has considerably increased the number of places available in centres for assistance and protection of victims and potential victims of trafficking in persons.

The Committee notes that the UN Committee against Torture (CAT) expressed concerned that Moldova continues to be a country of origin for trafficking for purposes of labour and sexual exploitation. The CAT was also concerned at the fact that corruption impedes the enforcement of legislation and effective prosecution and influences the outcome of cases (CAT/C/MDA/CO/3, paragraph 25). The Committee requests the Government to continue to take the necessary measures to ensure the effective application of section 165 of the Criminal Code, and to provide information on the number of prosecutions, convictions and penalties imposed. The Committee also requests the Government to provide information on the impact of the National Strategy for Preventing and Combating Trafficking in Human Beings for the 2018–23 period in preventing trafficking in persons. Lastly, the Committee requests the Government to continue to provide information on the number of victims of trafficking who have benefitted from assistance and protection.

2. Forced labour practices. The Committee previously noted that section 168 of the Criminal Code, which prohibits forced labour, includes forced labour practices committed by a public person, a foreign public person, an international civil servant, as well as legal entities. It requested the Government to provide information on its application in practice. The Committee notes the Government’s indication that 19 criminal cases on forced labour were initiated during the first nine months of 2018, under section 168 of the Criminal Code, and that 32 victims were identified (29 men and three women). The Committee requests the Government to continue to provide information on the application of section 168 of the Criminal Code, as well as whether perpetrators are public or private persons, indicating the number of prosecutions, convictions and penalties imposed.

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 person convicted 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 observed that the formal consent of prisoners to work for private enterprises does not appear to be asked for, the Committee 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. Noting the absence of information provided in this regard in the Government’s report, the Committee once again requests the Government to provide a copy of Decree No. 583 of 26 May 2006, as well as copies of contracts concluded between private enterprises and penitentiary institutions.