Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee has noted the Government’s reply to its earlier comments.

1. Trafficking in human beings. The Committee has noted with interest the adoption of the amendments to the Penal Code provisions concerning trafficking in human beings (Law No. 9188 of 12 December 2004). Referring to its 2000 general observation on the subject, the Committee would appreciate it if the Government would provide, in its future reports, information on the application of these provisions in practice, as well as information on any other measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying copies of relevant documents, such as, e.g. a national action plan.

2. Supply of repealing texts. The Committee previously noted the Government’s statement in its 2001 report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747, of 30 December 1949, concerning the exaction of labour for roadworks, had been repealed. The Committee again requests the Government to provide, with its next report, a copy of the repealing text.

3. Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. In its earlier comments, the Committee requested the Government to indicate provisions applicable to military officers and other career military servicemen as regards their right to leave the service, in time of peace, at their own request. The Committee notes that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the military grades and careers in the armed forces, supplied by the Government with its report, members of career military personnel may apply for resignation to a competent body; if no reply is given by that body within three months, the application to resign is considered as accepted. The Committee observes that it follows from the wording of the above sections that the person seeking to resign must continue service in the armed forces until the resignation is accepted, which means that the service is not automatically terminated upon delivery of a resignation, since the application to resign may be refused. It also notes that neither section 24 nor 25 of Law No. 9171 establishes the criterion used for deciding whether a resignation presented under these provisions will or will not be accepted.

Referring to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, the Committee wishes to point out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore requests the Government to indicate the criteria applied in accepting or rejecting a resignation presented in conformity with sections 24 and 25 of the abovementioned Law, as well as the number of cases in which such resignations were refused and the grounds for refusal.

4. The Committee previously noted that, under section 28 of the Law on the Armed Forces (No. 7978 of 1995), the term of service of career military officers is fixed by a special law. The Committee again requests the Government to supply a copy of such special law with its next report.

5. Articles 1(1) and 2(1). Compulsory public works exacted under the menace of suspension of unemployment benefits. In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on public works, as amended by Act No. 8104 of 28 March 1996, under which participation in such works had been made compulsory not only for members of families receiving financial assistance from the State, but also for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits in case of refusal to work. The Committee has noted the Council of Ministers’ Decisions Nos. 405 of 1998 and 758 of 2003 concerning the organization of such work, supplied by the Government with its report. However, the Committee again requests the Government to provide information on the existing unemployment insurance schemes, supplying copies of relevant texts and indicating, in particular, whether such schemes are contingent upon the recipients having worked or contributed to such schemes during some minimum period, and whether the length of time during which benefits are paid is linked to length of time the persons concerned had worked. Please also provide information on the application of the above legislation on public works in practice, including copies of reports and other relevant documents.

6. Article 2(2)(c). Work of prisoners for private enterprises. The Committee previously noted the Government’s indication in the report that prisoners are allowed to work both inside or outside penitentiary institutions. It notes that a possibility to work outside penitentiary institutions is provided for in section 36 of Act No. 8328, of 16 April 1998, concerning the rights and treatment of prisoners, as well as in section 81 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000. As regards the prisoners’ obligation to perform labour, the Government indicates in its report that, under section 80 of the General Prison Rules, convicts can be asked to work in accordance with their physical and psychological capacities; section 34 of Act No. 8328 on the rights and treatment of prisoners referred to above excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour for health reasons. The Committee also notes that, under section 35 of Act No. 8328 and section 82 of the General Prison Rules, conditions of work of the prisoners should be assimilated to those of free workers and are covered by the Labour Code and social security legislation. While having noted this information, the Committee requests the Government to indicate, in its next report, how voluntary consent of the prisoners to work for private employers is guaranteed. Please indicate, in particular, whether the work of prisoners for private employers is subject to a labour contract similar to that concluded between a prisoner and a re-educational institution, of which a sample copy was supplied by the Government with its 2001 report, and if so, please provide sample copies of such contracts. Please also supply sample copies of agreements concluded by penitentiary institutions with private users of prison labour, to which a reference is made in section 81 of the General Prison Rules.

7. Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the provisions of section 110 of the Penal Code punishing the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Committee noted the Government’s indications in its 2001 report that, during the reporting period, ten sentences of imprisonment had been passed under this section. The Committee again requests the Government to indicate whether this penal provision is also applicable to cases of the illegal exaction of force or compulsory labour and to supply copies of the relevant court decisions.