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Repetition 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.
The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include information on the matters raised in its previous direct request, which read as follows:
Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons for the purpose of exploitation. The Committee previously noted the adoption of the Law to prevent and combat trafficking in human beings, No. 241-XVI of 20 October 2005, the amendment of the Criminal Code provisions concerning trafficking (Law No. 376-XVI of 29 December 2005 amending sections 165 and 206 of the Criminal Code), as well as the Government’s decisions on the approval of the Regulations concerning centres of assistance to victims of human trafficking (No. 1362 of 29 November 2006) and the National Plan to Prevent and Combat Human Trafficking (No. 903 of 25 August 2005). The Committee would appreciate it if the Government would provide information on the application in practice of section 165 of the Criminal Code (“Trafficking in human beings”), for example. supplying sample copies of the relevant court decisions and indicating the penalties imposed on perpetrators.
Article 2, paragraph 2, subparagraph (a). Compulsory military service. The Committee previously noted that under article 44(2)(a) of the Constitution of the Republic of Moldova and section 7(5)(a) of the Labour Code, compulsory military service or alternative (civic) service are excluded from the prohibition of forced labour. 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. It also noted the Government’s statement in its 2006 report that the legislation in force does not contain express provisions to ensure that services exacted for military purposes are used for purely military ends but this derives from the provisions governing military service. Recalling that, under Article 2, paragraph 2(a), compulsory military service may be exempted from the scope of the Convention only if used for purely military ends, the Committee requests the Government to clarify this issue and to indicate the provisions, which, in the Government’s view, provide for guarantees to ensure that services exacted for military purposes are used for purely military ends, thus giving effect to this Article of the Convention.
Article 2, paragraph 2, subparagraph (c). Work of prisoners for private individuals, companies or associations. The Committee notes that, under section 253 of the Execution of Sentences Code, every convicted person 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. The Committee notes that, under section 253, the obligation of convicted persons to work may include work outside the penitentiaries with private individuals or entities.
The Committee recalls in this connection that Article 2, paragraph 2(c), of the Convention exempts from its provisions “any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations”. While this Article strictly prohibits prisoners from being hired to or placed at the disposal of private undertakings, the Committee has pointed out in previous General Surveys, including its most recent General Survey of 2007, paragraphs 59–60, that, provided convicted prisoners voluntarily consent to such work without being subjected to pressure or menace, such work does not fall within the scope of the Convention. At the same time, the Committee has indicated that, bearing in mind the captive circumstances of prisoners, there must be safeguards to ensure their consent is given freely and voluntarily. The Committee in paragraphs 114–122 of its General Survey of 2007 discussed the safeguards which include not only written formal consent but, further, that the most reliable indicator of voluntariness of the labour is if the work is performed under conditions which approximate a free labour relationship. Factors to be taken into account in such circumstances would include, for example, that there was a level of wages and social security provisions which approximate a free labour relationship.
As regards conditions of work of convicted persons, the Committee has noted that, under section 254 of the Execution of Sentences Code, hours of work and rest periods, as well as occupational safety and health are governed by the general labour legislation. By virtue of section 255 of the Code, convicted persons’ remuneration is also governed by the labour legislation; their monthly wages cannot be lower than the legally established minimum wage, and deductions from wages on the basis of execution documents cannot exceed 75 per cent of their monthly earnings. Section 258 of the Code provides for the convicted persons’ old-age pension rights.
While noting that, under the above provisions, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observes 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 therefore hopes that, in the light of the above considerations, the Government will take the necessary measures in order to ensure that, both in the legislation and in practice the work of prisoners for private individuals, companies or associations will be carried out only with their voluntary consent, such consent being free from the menace of any penalty including the loss of rights or privileges. The Committee requests the Government to provide in its next report information on the measures taken or envisaged in this regard.
Article 25. The Committee previously noted the provisions of section 168 of the Criminal Code imposing penal sanctions for the illegal exaction of forced or compulsory labour and sought information on any legal proceedings which have been instituted as a consequence of the application in practice of this section. The Committee has noted the Government’s indication in its 2006 report that two criminal cases were brought to justice under section 168. The Committee would appreciate it if the Government would provide, in its next report, information on the substance of these criminal cases, indicating the penalties imposed and supplying copies of the relevant court decisions.
The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, the provisions governing termination of service by career military personnel contained in the Law on the status of military personnel, No. 162-XVI of 22 July 2005, and in the Regulations concerning the performance of military service by soldiers, sergeants and officers of the armed forces approved by Government Decision No. 925 of 21 December 1994. It has also noted the Law on civil protection No. 271-XIII of 9 November 1994, as well as the Government’s explanations concerning the application of its provisions in emergency situations.
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons for the purpose of exploitation. The Committee notes with interest comprehensive information provided by the Government in its latest report concerning measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. It notes, in particular, the adoption of the Law to prevent and combat trafficking in human beings, No. 241-XVI of 20 October 2005, the amendment of the Criminal Code provisions concerning trafficking (Law No. 376-XVI of 29 December 2005 amending sections 165 and 206 of the Criminal Code), as well as the Government’s decisions on the approval of the Regulations concerning centres of assistance to victims of human trafficking (No. 1362 of 29 November 2006) and the new National Plan to Prevent and Combat Human Trafficking (No. 903 of 25 August 2005). While noting statistical information concerning the offences of human trafficking provided in the report, the Committee would appreciate it if the Government would provide information on the application in practice of section 165 of the Criminal Code (“Trafficking in human beings”), e.g. supplying sample copies of the relevant court decisions and indicating the penalties imposed on perpetrators.
Article 2(2)(a). Compulsory military service. The Committee previously noted that under article 44(2)(a) of the Constitution of the Republic of Moldova and section 7(5)(a) of the Labour Code, compulsory military service or alternative (civic) service are excluded from the prohibition of forced labour. The Committee notes 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. It also notes the Government’s statement in its 2006 report that the legislation in force does not contain express provisions to ensure that services exacted for military purposes are used for purely military ends but this derives from the provisions governing military service. Recalling that, under Article 2(2)(a), compulsory military service may be exempted from the scope of the Convention only if used for purely military ends, the Committee requests the Government to clarify this issue and to indicate the provisions, which, in the Government’s view, provide for guarantees to ensure that services exacted for military purposes are used for purely military ends, thus giving effect to this Article of the Convention.
Article 2(2)(c). Work of prisoners for private individuals, companies or associations. The Committee notes that, under section 253 of the Execution of Sentences Code, every convicted person 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. The Committee notes that, under section 253, the obligation of convicted persons to work may include work outside the penitentiaries with private individuals or entities.
The Committee recalls in this connection that Article 2(2)(c) of the Convention exempts from its provisions “any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations”. While this Article strictly prohibits prisoners from being hired to or placed at the disposal of private undertakings, the Committee has pointed out in previous General Surveys, including its most recent General Survey of 2007, paragraphs 59–60, that, provided convicted prisoners voluntarily consent to such work without being subjected to pressure or menace, such work does not fall within the scope of the Convention. At the same time, the Committee has indicated that, bearing in mind the captive circumstances of prisoners, there must be safeguards to ensure their consent is given freely and voluntarily. The Committee in paragraphs 114–122 of its General Survey of 2007 discussed the safeguards which include not only written formal consent but, further, that the most reliable indicator of voluntariness of the labour is if the work is performed under conditions which approximate a free labour relationship. Factors to be taken into account in such circumstances would include, for example, that there was a level of wages and social security provisions which approximate a free labour relationship.
The Committee notes the Government’s indications in its report concerning measures taken to combat trafficking in persons under the National Plan approved by the Government’s Decree No. 1219 of 2001, as well as the information on the application in practice of the relevant Criminal Code provisions, and requests the Government to continue to provide, in its future reports, information on various measures taken or envisaged to prevent, suppress and punish trafficking in persons for the purpose of exploitation.
Since the Government’s report contains no other information in reply to its previous comments, the Committee hopes that the next report will include full information on the following matters raised in its previous direct request:
Communication of texts. Please supply copies of the updated texts of the Code on Administrative Offences and the Code on Execution of Penal Sanctions.
Articles 1(1) and 2(1) of the Convention. Please describe any provisions that may exist on the right of military officers and other career servicemen to leave the service, in peacetime, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.
Article 2(2)(a). 1. The Committee has noted that, under article 44(2)(a) of the Constitution of the Republic of Moldova and section 7(5)(a) of the new Labour Code, 2003, compulsory military service or alternative (civic) service are excluded from the prohibition of forced labour. Please indicate whether legislation concerning compulsory military service provides for guarantees to ensure that services exacted for military purposes are used for purely military ends. Please also supply copies of legislation governing compulsory military service and alternative (civic) service.
Article 2(2)(b). Please indicate any work or service (other than compulsory military service or work or service required in case of emergency) which may be exacted as "normal civic obligations of the citizens" referred to in article 44(2)(c) of the Constitution and section 7(5)(c) of the Labour Code.
Article 2(2)(c). Having noted that work done by convicted persons is excluded from the prohibition of forced labour under article 44(2)(b) of the Constitution of the Republic of Moldova and section 7(5)(b) of the Labour Code, the Committee requests the Government to indicate what guarantees are provided to ensure that convicted persons are not hired to, or placed at the disposal of, private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.
Article 2(2)(d). The Committee has noted the provisions of article 44(2)(c) of the Constitution of the Republic of Moldova and section 7(5)(c) of the Labour Code excluding from the prohibition of forced or compulsory labour any work or service exacted in cases of calamities or other emergency situations. The Committee would be grateful if the Government would indicate, in its next report, whether legislation concerning a state of emergency has been adopted under the abovementioned provisions and, if so, whether guarantees are provided by such legislation to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation, and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.
Article 25. The Committee has noted the provisions of section 168 of the new Criminal Code, 2002, imposing penal sanctions for the illegal exaction of forced or compulsory labour. Please communicate information on any legal proceedings which have been instituted as a consequence of the application in practice of this section of the Criminal Code and on any penalties imposed, supplying copies of relevant court decisions.
The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention. It has noted, in particular, the adoption in 2002 of the new Criminal Code (which entered into force on 12 June 2003), which contains provisions punishing trafficking in human beings, as well as the Government’s indications concerning measures taken to combat trafficking under the National Plan approved by the Government’s Decree No. 1219 of 2001 (for years 2002-03). The Committee would be grateful if the Government would continue to provide information on various measures taken or envisaged to prevent, suppress and punish trafficking in persons, including the information on the application in practice of the relevant provisions of the new Criminal Code. It also requests the Government to supply, with its next report, copies of the updated texts of the Code on Administrative Offences and the Code on Execution of Penal Sanctions, as well as additional information on the following points.
Article 2(2)(a) of the Convention. 1. The Committee has noted that, under article 44(2)(a) of the Constitution of the Republic of Moldova and section 7(5)(a) of the new Labour Code, 2003, compulsory military service or alternative (civic) service are excluded from the prohibition of forced labour. Please indicate whether legislation concerning compulsory military service provides for guarantees to ensure that services exacted for military purposes are used for purely military ends. Please also supply copies of legislation governing compulsory military service and alternative (civic) service.
2. Please also describe any provisions that may exist on the right of military officers and other career servicemen to leave the service, in peacetime, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.