Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

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.

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.